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HomeMy WebLinkAboutCouncil Actions 06-18-181 r�yp 5 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 18, 2018 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Council Member Dykstra was late The Invocation was delivered by The Reverend Barbara C. Thomas, Pastor, Spirit of Life Church International. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. At this point, Council Member Dykstra entered the meeting (2:06 p.m.) Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, June 21 at 7:00 p.m., and Saturday, June 23 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. 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: Fair Housing Board — two vacancies Unexpired term of office ending March 31, 2019 Unexpired term of office ending March 31, 2021 Human Services Advisory Board — one vacancy Unexpired term of office ending November 30, 2018 Personnel and Employment and Practices Commission — three vacancies Three -year terms of office ending June 30, 2021 Roanoke Valley- Alleghany Regional Commission — one vacancy Three -year term of office ending June 30, 2021 Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of James H. Taylor upon his retirement as Courier for the City of Roanoke. Following comments by the Council and City Clerk, Mayor Lea presented Mr. Taylor with a Key to the City. A Resolution paying tribute to the Honorable Raphael E. 'Ray" Ferris as a Council Member. Adopted Resolution No. 41155- 061818. (6 -0, Council Member Ferris abstaining.) A Resolution paying tribute to the Honorable David B. Trinkle as a Council Member and former Vice -Mayor of the City of Roanoke. Adopted Resolution No. 41156- 061818. (6 -0, Council Member Trinkle abstaining.) Mayor Lea recognized Daun Hester, City Treasurer, City of Norfolk, Virginia, and former Democratic State Delegate. 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. Tim Shepherd, 1030 Persinger Road, S. W., and Scott St. Clair presented Council Member Trinkle with a Certificate of Appreciation. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and expressed concern regarding the lack of investments in the black community. V 4. CONSENT AGENDA: (APPROVED 7 -0, as amended) 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. The Mayor called attention to a request from the Roanoke City Personnel Chair for City Council to convene in a Closed meeting to discuss the annual performances of the Council- appointed officers; two additional requests from the City Manager for City Council to convene in a Closed meeting to discuss the disposition of a portion of City -owned property located at 502 19`h Street, S. E. and 3137 Preston Avenue, N. W., respectively. C -1 Minutes of the regular meeting of City Council held on Monday, May 21, 2018. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the annual performances of the Council- Appointed Officers, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Clerk advising of the resignation of Joseph L. Cobb as a member of the Roanoke Arts Commission, effective June 20, 2018. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -4 A communication from the City Manager with regard to an emergency procurement notification for debris removal for Mudlick Creek Culvert at Brandon Avenue. RECOMMENDED ACTION: Received and filed. C -5 Minutes of the Audit Committee held on Wednesday, March 7, 2018. RECOMMENDED ACTION: Received and filed. C -6 Report of qualification of the following individuals: Charles E. Hunter, III, as the Citizen At -Large representative of the City of Roanoke Pension Plan, Board of Trustees, for a four -year term of office ending June 30, 2022; Joshua C. Johnson as a City representative of the Virginia Western Community College Local Advisory Board for a four -year term of office ending June 30, 2022; Jeanne Bollendorf as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2021; Jamaal Jackson as a member of the Roanoke Neighborhood Advocates for a three -year term of office, commencing July 1, 2018 and ending June 30, 2021; John R. Francis, Jr., as City representative of the Virginia Western Community College Local Advisory Board for a four -year term of office ending June 30, 2022; Lieutenant Jeffrey Newman (Police) as the Public Safety representative of the City of Roanoke Pension Plan, Board of Trustees, for a two -year term of office ending June 30, 2020; and James Revercomb, III, as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2021. RECOMMENDED ACTION: Received and filed. A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of a portion of City -owned property located at 3137 Preston Avenue, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. (7-0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of a portion of City -owned property located at 502 19`" Street, S. E., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. (7-0) REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS • Update on Major Capital Projects - 10 minutes City Manager instructed to move forward with execution of contract regarding replacement of Wasena Bridge. • Stormwater Utility Fund Update - 20 minutes Presentation received and filed. ITEMS RECOMMENDED FOR ACTION: Acceptance of the FY 2018 Byrne /Justice Assistance Grant (JAG) — Equipment and Technology Grant from the Virginia Department of Criminal Justice Services. Adopted Resolution No. 41157-061818 and Budget Ordinance No. 41158-061818. (7 -0) 2. Acceptance of a Child Abuse and Neglect Prevention Program Grant from the Virginia Department of Social Services. Adopted Resolution No. 41159- 061818 and Budget Ordinance No. 41160-061818. (7 -0) 1 Acceptance of a donation from Roanoke International Mountain Bicycling Association. Adopted Resolution No. 41161-061818. (7 -0) 4. Acceptance of the 2018 - 2019 Community Development Block Grant, Home Investment Partnerships Program and Emergency Solutions Grant Entitlement funds from the Department of Housing and Urban Development. Adopted Resolution No. 41162 - 061818 and Budget Ordinance No. 41163. 0061818. (6 -0, Council Member Dykstra abstaining.) 5 5. Appropriation of residual funding from the technology and fleet funds. Adopted Budget Ordinance No. 41164-061818. (7 -0) 6. Appropriation of funds in connection with the Fiscal Year 2018 revenue and expenditure budget adjustments. Adopted Budget Ordinance No. 41165 - 061818. (7 -0) 7. Execution of an agreement between the City of Roanoke and Carilion Property Management, Inc., in connection with the Annual Fireworks Show at River's Edge Sports Complex on Wednesday, July 4, 2018. Adopted Resolution No. 41166- 061818. (6 -0, Council Member Trinkle abstaining.) 8. Execution of a lease extension agreement with Richard E. and Cassie M. Beverly for property located at 2410 Mason Mill Road, N. E., until July 31, 2018. Adopted Ordinance No. 41167-061818. (7 -0) 9. Authorization of an encroachment permit for Greater Roanoke Transit Company for a bus shelter located at the intersection of Patterson Avenue and 13" Street, S. W. Adopted Ordinance No. 41168-061818. (7 -0) 10. Amendment of the City Code to correct a reference within Chapter 11.6, Stormwater Management. Adopted Ordinance No. 41169-061818. (7 -0) COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments, Star City Motor Madness • On Friday and Saturday, June 22 -23, Roanoke will see an influx of visitors from the region for Star City Motor Madness, honoring America's passion of the automobile and the love of cruising. • Since 2002, this event has been held the last Friday and Saturday in June and draws people throughout the Mid - Atlantic and beyond. It is, in fact, one of the biggest automotive events in the Mid - Atlantic. • Friday night is the "Cruise -In." From 6 to 10 p.m. spectators will line both sides of Williamson Road to see classic and special interest automobiles, trucks, and motorcycles cruise on Roanoke's historic "strip." • Saturday is the Car and Truck Show in Downtown Roanoke from 10 a.m. to 4 p.m., followed by an "after party" at the Virginia Museum of Transportation. • Proceeds from this event go to the Virginia Museum of Transportation, as well as other non - profit organizations. Roanoke's Fireworks on the Fourth • The city will host its annual fireworks display • This is the area's biggest and best fireworks show! • Wednesday, July 4 • River's Edge Sports Complex • Food trucks, inflatables, and face painting • Music performed by Winds of the Blue Ridge • Activities begin at 7 p.m. • Fireworks begin at 9:15 p.m. • Citizens are invited to join us for this annual celebration of America's independence. 2018 Budweiser Summer Series • Downtown Roanoke Inc. has announced its annual concert series in Elmwood Park, which will include three performers: o Aug.17 — The B -52s o Sept. 7 — Gary Allan o Sept. 22 —Young the Giant • Tickets for all shows are on sale and can be purchased online at brownpapertickets.com, or by phone at 1 -800- 838 -3006 (option 1). • More information is available on the Downtown Roanoke Inc. website at www.downtownroanoke.org. FY2018 -2019 Adopted Budget Document is available and may be viewed on the City's Website. 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. 41170-061818. (7 -0) 7 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution memorializing the late Dr. Charles W. Steger, former President, Virginia Polytechnic University. Adopted Resolution No. 41171 - 061818. (7 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Roanoke Hope Initiative Meeting to be held on Thursday, June 21 at 3:00 p.m., at the Bradley Free Clinic. Second Annual NCAA Football Clinic to be held on Wednesday, July 18 at the Salem Football Stadium from 6:00 p.m. — 8:00 p.m. Free admission. Limit to first 200 participants. Transportation provided. Youth ages 7 — 13. Contact Mayor Lea for additional information. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS. THE COUNCIL MEETING WILL STAND IN RECESS FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451; AND THEREAFTER RECONVENE AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. E ROANOKE CITY COUNCIL REGULAR SESSION JUNE 18, 2018 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by The Reverend James L. Jordan, Sr., Associate Minister, First Baptist Church Hollins. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (7 -0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, June 21 at 7:00 p.m., and Saturday, June 23 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Proposal of the City of Roanoke to consider an amendment to the Stormwater Utility Code to establish the process under which the City would provide credits and to add a definition for "best management practice." Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 41172 - 061818. (7 -0) 2. Request of the City of Roanoke to amend Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, in order to make it consistent with State Code. Ian Shaw, Agent, Spokesperson. Adopted Ordinance No. 41173 - 061818. (7 -0) 3. Request of the City of Roanoke to amend the Fee Compendium to establish application fees for wireless telecommunications facilities. Ian Shaw, Agent, Spokesperson. Adopted Ordinance No. 41174 - 061818 and Resolution No. 41175- 061818. (7 -0) 4. Proposal of the City of Roanoke to consider a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia and Old School Partners II, LLC, for a portion of certain real property known as Historic Fire Station One located at 13 Church Avenue, S. E. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41176- 061818. (7 -0) 5. Proposal of the City of Roanoke to authorize issuance by the Public Finance Authority, of its Multifamily Housing Revenue Bonds in connection with a multi - family affordable housing development by AHF -Afton Gardens, LLC. Robert S. Cowell, Jr., City Manager. Adopted Resolution No. 41177 - 061818. (7 -0) 6. Proposal of the City of Roanoke to consider an amendment and restatement of the Contract for Purchase and Sale of Real Property, between the City of Roanoke and Deschutes Brewery, Inc. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41178 - 061818. (7 -0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 10 C. NEW BUSINESS: City Council authorized the City Manager to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City -owned property situated 3137 Preston Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2100601, such portion as being designated by the City Manager, such authorization to be in a form approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and/or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City -owned property. City Council authorized the City Manager to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City -owned property situated 502 19'h Street, S. E., Roanoke, Virginia, bearing Official Tax Map No 4310101, such portion as being designated by the City Manager, such authorization to be in a form approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and /or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City -owned property. D. ADJOURN. -8:05 p.m. 11 M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41155- 061818. A RESOLUTION paying tribute to the Honorable Raphael (Ray) E. Ferris, and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Mr. Ferris is a Roanoke native and earned a Bachelors Degree in Business Administration from Roanoke College in Salem, Virginia, and a Juris Doctorate from the University of Richmond, T. C. Williams School of Law, Richmond, Virginia; WI INREAS, Mr. Ferris is a trial attorney with Ferris & Eakin, P.C., experienced in both civil and criminal courts: WIIFREAS, prior to his current position, Mr. Ferris served as Assistant Commonwealth Attorney from 1982 to 1988, and worked on the faculty of the Virginia State Bar Professionalism Course: WHEREAS, Mr. Ferris has received recognition for his professional work including the Virginia Business Journal naming him One of the Legal Elite among Criminal Defense Attorneys in Virginia: Richmond Magazine honoring him as one of Virginia's Super Lawyers in the field of Criminal Defense; and U.S. News listing him on its Best lawyers list for Virginia in the area of criminal defense: WHEREAS, Mr. Ferris is an active participant in several professional organizations including the National Association of Criminal Defense Attorneys, the American Association for Justice, the Virginia Association of Criminal Defense Lawyers and the Virginia "I rial Lawyers Association: and from 1998 to 2002, served on the Board of Governors for the Criminal Law Section of the Virginia Slate Bar: WHEREAS, Mr. Ferris is active in his community, including his commitments to the Roanoke Valley Rotary Club and St. Elias Maronite Catholic Church; WI IEREAS, Mr. Ferris has served on City Council for two consecutive terms commencing in July 2010 to present; WHEREAS, while serving on City Council, Mr. Ferris has served on the Personnel Committee and Legislative Committee of the City Council, and has served as the Council's representative on the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee, Steering Committee of the Regional Sustainability Partnership, Roanoke Valley Area Transportation Planning Organization, Partnership for a Livable Roanoke Valley, the Virginia Municipal League Finance Policy Committee and the Virginia Municipal League Legislative Committee; WHEREAS, from 2016 to 2018, Mr. Ferris served as Chair of the City of Roanoke's Legislative Committee and worked closely with the City's Legislative Liaison to develop the annual Legislative Program to present to the General Assembly, and actively participated in promoting the City's program before the General Assembly; and WHEREAS, it is appropriate and right that this City Council express its appreciation for the service provided to the City and its citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Raphael (Ray) E. Ferris. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Raphael (Ray) E. Ferris with the appreciation of Roanoke City Council and the citizens of Roanoke, Virginia for exemplary service on Roanoke City Council. ATTEST: City Clerk. 01r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June. 2018. No. 41156- 061818. A RESOLUTION paying tribute to the Honorable David B. Trinkle, and expressing to him the appreciation of the City and its people for his exemplary public service. WI IEREAS. Dr. Trinkle is a native of Roanoke and a graduate of North Cross School; WHEREAS, Dr. Trinkle earned a B.A. in Political and Social Thought (Interdepartmental Major) from University of Virginia in 1983, an M.D. from the University of Virginia Medical School in 1987, and was a Fellow in the Geriatric Psychiatry Fellowship at Northwestern Memorial Hospital from 1991 to 1992; WHEREAS, Dr. Trinkle is a practicing Geriatric Psychiatrist with Carilion Health Systems, University of Virginia Roanoke Valley Program, an Associate Dean of Community and Culture with Virginia Tech Carilion School of Medicine, and an Associate Clinical Professor of Psychiatric Medicine with Virginia'I "ech Carilion School of Medicine and University of Virginia Medical School; WHEREAS, as a physician, Dr. Trinkle has demonstrated his advocacy for mental health through his service with organizations such as the Mental Health Association of the Roanoke Valley and the Mental Retardation and Substance Abuse Board, and has championed quality care for the elderly through his service on the Virginia Alzheimer's Registry Board and the Roanoke Valley Adult Daycare Board: WHEREAS, Governor Mark Warner appointed Dr. Trinkle to the Virginia Department of Mental Health. Mental Retardation and Substance Abuse Board, on which he served from 2003 to 2007; WHEREAS, Dr. I tinkle has been active in public service beginning with his time as a member of the Roanoke City School Board from 2003 to 2006 and as Vice-Chair from 2005 to 2006; WI IEREAS, Dr. Trinkle has served on City Council for three consecutive terns, commencing in July 2006 to present, and as Vice -Mayor 2006- 2008, 2010 -2012, and 2014 -16; WHEREAS, Dr. Trinkle played a major role in driving the development of Elmwood Park and its amphitheater to bring concerts by nationally known music performers to a suitable downtown venue: WHEREAS, Dr. Trinkle has been a long -time supporter of arts programs throughout the Roanoke Valley, including the City's Public Art Program, and led the effort to accumulate community input and ideas that produced the City's Arts and Cultural Plan; WHEREAS, while serving on City Council, Dr. Trinkle has served on the Personnel Committee the Legislative Committee of City Council, and the Greater Roanoke Transit Company Board of Directors, has been an active supporter of the Sister Cities program, and has served as the Council's representative on Hotel Roanoke Conference Center Commission, Total Action for Progress, and the Virginia Municipal League Economic Development Policy Committee; WHEREAS, Dr. Trinkle has also served on civic and volunteer boards including Project Access Roanoke Valley, North Cross School Alumni Board, Blue Ridge Zoological Society Board, and Mill Mountain Zoo: WHEREAS, Dr. Trickle has been and will continue to be an ambassador for the City; and WHEREAS, it is appropriate and right that this City Council express its appreciation for the service provided to the City and its citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable David B. Trinkle. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable David B. l'rinkle with the appreciation of Roanoke City Council and the citizens of Roanoke. Virginia for exemplary service on Roanoke City Council. ATTEST: 1 ` itv Clerk/ WE 7ltiNlrr -A. )DOFF- j • � • ' C L� . :Tim / /: =G .. I ' f*' r y< CITY OF ROANOKE CITY COUNCIL - — 215 Church Avenue, S. W. I \ Noel C. Taylor Municipal Building, Suite 456 `hreotM_ ice/ Roanoke, Virginia 24011 -1536 '- Telephone: (540) 853 -2541 SHERMAN P. LEA, SR. Fax. (540) 853 -1145 Mayor Email: clerk(n)manokeva.gov June 18, 2018 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Trickle I wish to request a Closed Meeting to discuss the annual performances of the Council - Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sin erely, David B. Trickle, Chair City Council Personnel Committee DBT:ctw tr� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avowr, H. W., Room 456 Roanoke, Virginia 24011 -1536 'I'clepkonc (540)853 -2541 Fur: (540)853-1145 S'r CNIANIV M. MOON REVNOLDS, MM(' mni1: derk(,vmuu,kr,..p.e CEC'ELIA F. MCCOV City Clerk Depap City Clerk C'EC'ELIA T. WEBB, CMC' Assietnnt Depnly City Clerk June 19, 2018 Joseph L. Cobb 441 Highland Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Cobb: A communication from the City Clerk advising of your resignation as a member of the Roanoke Arts Commission was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, June 18, 2018. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Arts Commission from August 7, 2017 to June 18, 2018. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Q �� iYl•Ddv� _ 1 Stephanie M. Moon Reynolds City Clerk Enclosure PC: Melissa Murray, Secretary, Roanoke Arts Commission z 0 N FH FG O H U r-i W U o � N r O � N �W Q� o° x W 0 W Q Q Q H a x 0 z x O w� Q' N F W � Q H w y, x� a Ow0 s �x con CL �4 let a C QX a z � 0 x o � N r O � N �W Q� o° x W 0 W Q Q Q H a x 0 Cd W �a 6 Q a x w� Q' N F V � Q w y, x� a Ow0 z�0 Hw z a z � Cd W �a 6 Q tip CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: eleel Croanokevn.gav Che Clerk June 18, 2018 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise that Joseph L. Cobb has tendered his resignation as a member of the Roanoke Arts Commission, effective June 20, 2018. Sincerely, "n.ly�,rN Stephanie M. Moon Reynolds, MMC City Clerk June 7, 2018 Joseph L. Cobb 441 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Moon Reynolds, I am writing to inform you of my resignation from the Roanoke Arts Commission, effective June 20, 2018. �jrcerely, Joseph L C OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building z$Avenu 2401. Suite 364 Roanoknoke, e, V Virginia 24011 ROANOKE 540 .ro poke www.roanokeva.gov June 18, 2018 Honorable Mayor and Members of City Council: Subject: Emergency Procurement Notification Background: Section 41 of the City of Roanoke Charter provides that in an emergency requiring immediate action, the City Manager may make any purchase or cause any such improvements to be made without previously advertising for or receiving bids. Every such case must be reported by the City Manager to the Council with the circumstances pertaining to the emergency. This letter is to notify Council of an emergency procurement as outlined below. Emergency Procurement: Date: 5 /31/18 Vendor: Bowman - Griffin General Contractors Contract Amount: $9,000 Description: Emergency stream debris removal from culvert on Mudlick Creek at Brandon Avenue S.W. Mudlick Creek is a tributary for collecting stormwater throughout a large portion of the city. The structure was blocked. The contractor was available and had equipment on call to clear the blockage before another rain event. 5' erel ob rt . C ell, Jr. City Manager c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Michael B. Shockley, Director of General Services and Sustainability Simone A. Knowles, Purchasing Manager MINUTES Audit Committee of Roanoke City Council Location: Council Conference Room Noel C. Taylor Municipal Building, Room 451 South Date: March 7. 2018 Time: 4:00 p.m. to 4:51 p.m. Attendees: Audit Committee Member Present (Y /N) William Bestpitch (Chair) Y Anita Price (Vice- Chair) N Michelle Dykstra (Member) Y Sherman Lea (Ex- Officio) N Tasha Burkett, Information Systems Auditor Dan Callaghan, City Attorney Drew Harmon, Municipal Auditor Bob Cowell, City Manager Dawn Hope Mullins, Assistant Municipal Auditor Wayne Parker, Senior Auditor Emma Coole, Senior Auditor Amelia Merchant, Director of Finance Paul Workman, Acting Accounting Supervisor Andrea Trent, Manager of Retirement Services Sherman Stovall, Assistant City Manager for Operations Brian Townsend, Assistant City Manager for Community Development Rob Churchman, Partner, Cherry Bekaert Randy Burton, II, Partner, Cherry Bekaert 1. Call to Order: Mr. Bestpitch called the meeting to order at 4:00 p.m. 2. Approval of the Minutes from the December 13th Meeting: Mr. Bestpitch asked if there were any corrections to the minutes. Hearing none, the minutes were received and filed as written. March 7, 2018 Page 2 of 4 3. Review Results of Financial Audit for the Year Ending 6130117: Mr. Churchman referred everyone to the printed presentation provided. He discussed the purpose of the presentation and reviewed each section in order. Mr. Churchman highlighted the overall results: - Unmodified opinion on the financial statements - A material weakness of controls over financial reporting was cited due to a prior year restatement for debt that should have been reported in the stormwater fund in FY16, and; cash reconciliations that were not performed timely. - Unmodified opinion on controls over grant compliance - Weldon Cooper Center Local Finance Survey filed ten (10) days late - One VRS payment was late (after the 10" of the month) - Jail Inmates did not sign forms as required in a couple of instances - Management finding related to timely review and removal of employee system access Mr. Churchman covered the required communications, noting that management cooperated throughout the audit and provided all the records, information and representations requested by the auditors. He certified that the firm and its employees performed their work in an independent and objective manner. Planning: Mr. Churchman reviewed the plans for the FY18 audit, starting on page 12 of the presentation. The firm will be providing services consistent with prior years. Planning with the city staff will begin in late April; interim work begins May or June. Final fieldwork begins in September and a CAFR should be completed by November 30. The most significant change in accounting standards for FY18 requires the City to record a liability for other post - employment benefits (OPEB) on the face of its financial statements. There were no questions from the Committee. Mr. Harmon thanked Ms. Mullins for her leadership in completing the CAFR. He also thanked Ms. Burkett and Ms. Coale for their significant contributions. Mr. Harmon also thanked Ms. Merchant and Mr. Callaghan for their assistance and responsiveness as the audit was being finalized. Finally, he thanked Mr. Churchman for his extraordinary efforts to complete the audit work in time to meet the GFOA filing deadline. Mr. Bestpitch noted that it was very gratifying to have such a team effort and to see so many people willing to step up and take on additional duties and responsibilities. He is hopeful that the stage has been set for success and that the coming year will go smoother. Mr. Bestpitch stated that everyone's efforts this year have been noted and very much appreciated. There were no further questions or discussion. March 7, 2018 4. Follow -Up Report—Right of Way Maintenance: Page 3 of 4 Mr. Harmon noted there were four issues from the original audit requiring follow up. Based on the results of the audit, three of the four issues were satisfactorily addressed. The one remaining issue relates to employees completing required OSHA training. Employees receive informal training on safe operation of their equipment from a supervisor before working on the right of way. This includes use of protective equipment, such as hearing and eye protection. However, this training does not satisfy all of the OSHA requirements. Management's goal is for employees to have the formal OSHA training within 60 days of hire. Typically, new employees have to complete orientation within this timeframe, which includes the required OSHA training. However, seasonal employees do not attend new hire orientation. A plan has been developed to train ROW employees early in the mowing season. Auditing will conduct another follow up audit next year to confirm the issue has been addressed. Mr. Bestpitch asked if the City contracted with companies to perform some of the ROW maintenance. Mr. Stovall confirmed that the City does contract for some work. Mr. Bestpitch asked if the city was responsible for ensuring the contractors' employees received the required OSHA training. Mr. Stovall and Mr. Harmon responded that the contractor is solely responsible for ensuring this training is provided. Hearing no further questions, the report was received and filed. 5. Revenue Project Update Mr. Harmon provided an overview of the project. All tax assessment and collection duties have been moved under the offices of the Commissioner of the Revenue and City Treasurer. The Department of Finance has been reorganized to include the Budget department and is responsible for expenditure and revenue forecasting. A revenue team that includes the Treasurer, Commissioner, City Attorney, City Auditor, Director of Finance, and the City Manager's office meets monthly to review revenue numbers. Pending items include completing signed agreements with the elected officers, revision of the cigarette tax ordinance, and stabilizing the legacy accounts receivable system until a new system is installed. As discussed at a prior committee meeting, the city has been reviewing tax and treasury software from PCI for several months. A contract for $1.3 million was negotiated and signed on March 1, 2018. This includes licensing, installation services, and support. It also includes money to upgrade to the PCI's browser based system in a future year. Year two support costs are $124,000 and increase annually based on inflation with a cap of 5 %. The new system will include a customer portal so that customers can file and pay online. The city will bring all modules of the system live at one time to avoid the expense of building temporary interfaces. The city's goal is to implement the whole system in 24 months. The availability of staff and the condition of the legacy system data will be two key factors in meeting this goal. Mr. Harmon reviewed the early stages of implementation including validation of functional requirements, business process reviews, and base system installation. Later stages of the project will be covered in future meetings. Mr. Bestpitch commented that this project has been a longtime in coming and thanked everyone for their cooperation and efforts. March 7, 2018 Page 4 of 4 Hearing no further questions, the report was received and filed. 6. Hotline Update Ms. Dykstra asked if the reports about drugs and theft involved city employees. Mr. Harmon responded that city employees were not implicated. Mr. Bestpitch asked if the one substantiated report was still on track in terms of addressing the employee's needs. Mr. Harmon responded "yes" and felt management had taken the appropriate steps. Hearing no further questions, the report was received and filed. 7. Review Auditing Department Budget Mr. Harmon noted that internal auditing standards require reviewing the Auditing department's budget with the audit committee to ensure any concerns about underfunding are discussed. Mr. Harmon stated that city management has been supportive of Auditing and that the department has tried to be frugal in its spending. He noted the staff listing on page 5 showing certifications and time at the city. Mr. Bestpitch welcomed Emma Coole to the Auditing department and wished Wayne Parker well in his planned retirement in April. Hearing no further questions, the report was received and filed. 8. Other Business: None. 9. Adjournment: Mr. Bestpitch adjourned the meeting at 4:51 p.m. ti v, e SI EY11AN1E M. MOON RE.VNOLDS, MM(' C'il)' ('10 k CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Choi ch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 "rcicpkone: (540) 953 -2541 Fnn: (540)853 -1145 G -nmil: dcrk(nroenokevn.gov June 19, 2018 Amelia Merchant, Secretary City of Roanoke Pension Plan, Board of Trustees Roanoke, Virginia Dear Ms. Merchant: C ECELIA F. MCCOV Depnp, City ('lerk CECELIA T. W EBB, CM(' Assistant Deputy City Cles k This is to advise you that Charles E. Hunter, III has qualified as the Citizen At -Large representative of the City of Roanoke Pension Plan, Board of Trustees for a four -year term of office ending June 30, 2022. Sincerely,! 10 /I . Stephanie M. Moon Rey ds, M C City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Charles E. Hunter, III, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the Citizen -At -Large representative of the City of Roanoke Pension Plan, Board of Trustees for a four -year term of office, commencing July 1, 2018 and ending June 30, 2022, according to the best of my ability. (So help me God.) CHARLES E. HUNTER, III The foregoing oath of office was taken, sworn to, and subscribed before me by Charles E. Hunter, III, this - flay of _ 2018. Brenda S. Hamilton, Clerk of the Circuit Court � , �,. lf.uui._;� % / r,�" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aven tie, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fnx: (540)851-1145 5'1'EPIIANIE M. MOON REYNOLDS, MMC E -ninl: d r,ketiounukeyn.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy Cin Clerk June 19.2018 Dr. Robert Sandal, President Virginia Western Community College P. O. Box 14007 Roanoke, Virginia 24038 -4007 Dear Dr. Sandel: This is to advise you that Joshua C. Johnson has qualified as a City representative of the Virginia Western Community College Local Advisory Board for a four -year term of office ending June 30, 2022. Sincerely, gym" ) N Step)hanie M. Rey MM � City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Joshua C. Johnson, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Virginia Western Community College Local Advisory Board for a four -year term of office ending June 30, 2022, according to the best of my ability. (So help me God). l SHU C. JOHNSON The foregoing oath of office was ten, sworn 10, and subscribed before me by Joshua C. Johnson this --5— day of lB- 2018. Brenda S. Hamilton, Clerk of the Circuit Court Clerk c CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Rotowke, Virginia 24011 -1536 'Telephone: (540)853 -2541 Fax: (540)853 -1145 STLPI IAN I E M. MOON REY NO Li MM(' B -mail: elerk(nlrau nokava...v CECELIALMCCOY ('it, ('lerk Dept) City Clerk June 19, 2018 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: CECELIA T. W EBB, CMC Assistant Delany City Clerk 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, 2021. Sincerely, ���fr� Stephanie M. Moon Reynolds, M C City Clerk Oath or Affirmation of Office Commonwealth 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, 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 -year term of office ending June 30, 2021, according to the best of my ability. (So help me God). J ANNE BOLLEND,6fRF The foregoing oath of office was taken, sworn to, and subscribed before me by Jeanne Bollendorf this ru' day of 2018 Brenda S. Hamilton, Clerk of the Circuit Court o`er CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fox: (540)853 -1145 81 ErIIANIE M. MOON RUNOLD9. MMC E -mall: elerk(ruroonokavupov CEC'ELIA F. MCC'OV City Clerk Depntl'C'it, Clerk CECELIA T. WEDD, CMC' Assistant Deunb' City Clerk June 19, 2018 Robert A. Clement, Jr. Neighborhood Services Coordinator Roanoke, Virginia Dear Mr. Clement: This is to advise you that Jamaal Jackson has qualified as a member of the Roanoke Neighborhood Advocates for a three -year term of office, commencing July 1, 2018 and ending June 30, 2021. Since y� J , p t 4 Stephanie M. Moon Rey M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Jamaal Jackson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Advocates for a three - year term of office, commencing July 1, 2018 and ending June 30, 2021, according to the best of my ability. (So help me God.) JAMAALJACKS'N The foregoing oath of ogicp was taken, sworn to, and subscribed before me by Jamaal Jackson this jay of 2018. Brenda S. Hamilton, Clerk of the Cir uit Coin By <_1Lns+ --G O /r Clerk June 19. 2018 Dr. Robert Sandel, President Virginia Western Community College P. O. Box 14007 Roanoke, Virginia 24038 -4007 Dear Dr. Sandal: This is to advise you that John R. Francis, Jr., has qualified as a City representative of the Virginia Western Community College Local Advisory Board for a four -year term of office ending June 30, 2022. Sincerely, Q / Stephanie M. Moon Rey s, M City Clerk CITY OF ROANOKE Q) OFFICE OF THE CITY CI,ERK 215 Church Avenue, S. W., Ranp OUm 456 roam? "A > Rnke, Virginia 24011 -1536 '1 eIry,hone: (5411) bit -2541 Irnx: (541)951 -1145 3'I'[PIIANIG M. MOON REYNOLDS, MM(' R.nu,il: dk, k(p rmmokevn.... F( [13A F. MCCOY ('ily ('lerh Depnp City ( It,k C &C E LIA'F. WERB, CMC Assistant Depnty City Clcrk June 19. 2018 Dr. Robert Sandel, President Virginia Western Community College P. O. Box 14007 Roanoke, Virginia 24038 -4007 Dear Dr. Sandal: This is to advise you that John R. Francis, Jr., has qualified as a City representative of the Virginia Western Community College Local Advisory Board for a four -year term of office ending June 30, 2022. Sincerely, Q / Stephanie M. Moon Rey s, M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City, of Roanoke, to -vvit: I, John R. Francis, Jr. do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Virginia Western Community College Local Advisory Board for a four -year term of office ending June 30, 2022 according to the best of my ability. (So help me God). JOHN R. FRANCIS, JR. The foregoing oath of office was taken, sworn to, and subscribed before me by John R. Francis, Jr. this It day of .1, C 2018. Brenda S. Hamilton, Clerk of the Circuit Court 1 FAR" IN i CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, 5. W., Room 456 Roanoke, Virginia 24011 -1536 'I'elephonc (540)8-5-1-2541 F.Y (540) 853 -1145 S I V VH A NO E M. MOON REYNOLDS, MMC F -nwll: duk(alromiokpve . g °v CF.(' EJ A F. M('COV ('ity (Perk Demib ('try Clerk CECELIAT. WEBB,CMC A,sBl.nt Depn(1' City Clerk June 19,2018 Amelia Merchant, Secretary City of Roanoke Pension Plan, Board of Trustees Roanoke, Virginia Dear Ms. Merchant: This is to advise you that Lieutenant Jeffrey Newman (Police) has qualified as the Public Safety representative of the City of Roanoke Pension Plan, Board of Trustees for a two -year term of office ending June 30, 2020. Sincerely, S �teStephanie M. Moon Reyno ds, C City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Lieutenant Jeffrey Newman (Police), do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the Public Safety representative of the City of Roanoke Pension Plan, Board of Trustees for a two -year term of office ending June 30, 2020, according to the best of my ability. (So help me God.) Lit I ENANT JEFFREY NEWMAN The foregoing oath of office was taken, sworn to, and subscribed before me by Lieutenant Jeffrey Newman this Aay of, 2018. Brenda S. Hamilton, Clerk of the Circuit Court Clerk June 19, 2018 Liz Belcher Roanoke City Greenway Coordinator 1206 Kessler Mill Road Salem, Virginia 24153 Dear Ms. Belcher: C6('BIAA T. W BBB, CIVIC Assisauv Deputy City Clerk This is to advise you that James Revercomb, III, has qualified as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2021. Since ly, �M;o Ste hanie M. Moon Reyn s, M City Clerk CQ) ITY OF ROANOKE Q) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telq,hnnc (540)853 -2541 P.x; (54(l)853 -1145 8'l'EPIIANII'] M. MOON REYNOLDS, MMC �ninil: elerk(rRruonnkevn'R04 CB.CEIJAR.MC'COY ('ity Clerk Depnp City Clerk June 19, 2018 Liz Belcher Roanoke City Greenway Coordinator 1206 Kessler Mill Road Salem, Virginia 24153 Dear Ms. Belcher: C6('BIAA T. W BBB, CIVIC Assisauv Deputy City Clerk This is to advise you that James Revercomb, III, has qualified as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2021. Since ly, �M;o Ste hanie M. Moon Reyn s, M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, James Revercomb, III, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2021, according to the best of my ability. (So help me God.) i REVERCOMB, III The foregoing oath of office was taken, sworn to, and subscribed before me by James Revercomb, III, this ' P day of 2018. Brenda S. Hamilton, Clerk of the Circuit Court Clerk @CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of a portion of City -owned property located at 502 19" Street, S.E. bearing Official Tax Map No. 4310101 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to g2.2- 3711.A.3, Code of Virginia (1950), as amended. -- TCe -- - - - - -- Robert S: , City Manager Distribution: Council Appointed Officers eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2015 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of a portion of City -owned property located at 3137 Preston Avenue, N.W., bearing Official Tax Map No. 2100601 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. -- ----- Coo --- - - - - -- Robert .Cowell, Jr. City Manager Distribution: Council Appointed Officers Stormwater Utilitv V _fro ress_ ,a_ keep it City Council Presentation June 18, 2018 wayne R. D'Ardenne, Stormwater Utility Manager Stormwater Utility Created in November 2013 with the adoption of an ordinance • Drainage improvement projects • Increase infrastructure maintenance • Comply with emerging water quality regulations 3 -Year Utility Fee Phase In • July 1, 2014 Utility Fee Effective • FY2014 -2015 - $0.30 /mo /billing unit • FY2015 -2016 - $0.60 /mo /billing unit • FY2016 -2017 - $0.90 /mo /billing unit FY2017 Fee Revenue /Credits • $6.3M Gross Fee Revenue • 256 Fee Credits = Apx $200K • $6.01VI Net Fee Revenue (99% Collected) • 39,215 Utility Customers • $5.40 /Mo. Average Residential Fee FY2017 Actual Expenditures • $4.05M (49.6 %) Drainage Projects (includes Bond & VDOT Revenue Share Funds) • $1.68M (20.6 %) Maintenance • $1.70M (20.8 %) Water Quality • $737K (9.0 %) Administrative • $8.16M Total FY17 Expenditures Why? 1: , i o ' Drainage CIP Projects CIP Project Status 215 Drainage Projects on our List - $145M Value 23 Neighborhood Projects Completed - $15M Value CIP Project Status 5 Projects Under /Near Construction 15 Projects Under Active Design FY19 CIP includes Stream Restorations FY20 CIP includes 1St CBD Project FY21 CIP includes 1St "Major" Project Ah I Water Legacy of Tomorrow 800S' I Maintenance &Operations 43 square miles of City >9500 Stormdrain Inlets flow through >400 miles of pipe converge into >750 Outfalls to River or 13 Tributaries 32 City + 526 Private Stormwater BMPs Nightly, Monthly, 8X/year Streetsweeping VW-) V IY FOB a r d SWimm AND..'. .. DRIN ING ® — C! -.�, iii}}} ti emli.mnl4.n �iM1�. ^Mnrvl.nl.ri llgllb ,un.ryn��,n YDH • �DJ .r Y A t__ 1. Roanoke River 1. Roanoke River 2. Back Creek 2. Back Creek 3. Barnhardt Creek 3. Carvin Creek 4. Mason Creek 4. Glade Creek 5. Mudlick Creek 5. Lick Run 6. Murray Run 6. Mason Creek 7. Peters Creek 7. Mudlick Creek 8. Tinker Creek 8. Murray Run 9. Ore Branch 1. Roanoke River 10.Peters Creek 2. Peters Creek 11.Tinker Creek 3. Tinker Creek REMODELING R O A N O K E Report to the Committee on Civic Improvement by ,John � Nolen, Landscape Architect CAMBRIDGE, MASSACHUSETTS "... Roanoke has a golden opportunity, one that any city in the land might envy. Its of its surrounding mountain ridges are singularly available and beautiful beyond description." LICK RUN WATERSHED MASTER PLAN I'L Tll aee j R —chill ID. HN9hla Paienr ernck a Run wslxl Ha'naon� 63PM Oownla wn 6elmom ).V¢vrolaw T¢rtaG 1,83% Ad N Run Kk Pun Wa mNd120151 aanvXUmutl¢Imnal bcurtlary m.r_wn o.m¢M1 lael,��nne -- Y— �o.orA P ors u: I Randel L Dymond, Ph.D. P.E.; Marcus F. Aguilar, EIT; Paul Bender, E1T; Clayton Hodges, P.E. Via Department oEClvil and Environmental Engineering ViromaTeeb "Transform the Roanoke River into a community asset, focal point, and source of pride for those that live, work, learn, and play in its watershed." What? IT &AOL= l AV A � A-Oz"m lvkl► ours 1985 Flood of Record A� lz4p 'w W, . . . . . . . . . . jEw7 rA 1� 2016 Three 4% Storms 4% Chance Rain Event • 2.26" of rain fell within 50 minutes. • Translates to a 25 -year storm (4% chance /yr) • 2.45 " /hr period being >50 -year (2% chance /yr) • 5.65 " /hr period being >1000 -year (0.1 % chance) W hat? Why? How'?. ZONE. n TROUT RUN WATERSHED MASTER PLAN &mdel L.1 % n oEK . PhD.. P.E.: Mamm F.:Aguilm. Ph.D.: ".feli a -%U-a. EL Clayton Rodger. PhD.. P.E. Via Depamven[. Cnil and Emnonmenta!Evgine.g Vugp Tech Deoember 2017 Surface Runoffs ~ From 9% Tree Canopy & 66% Impervious 1. Restore Abstraction • Tree Cover • Green Infrastructure 2. Provide Attenuation • Stream Daylighting • Flood Storage 3. Hydraulic Function Trout Run r Watershed - s 1 v' ! t_(.. 0 0.25 0.5 MJe tt 36 Green Infrastructure Waterway Type: - Tree Planters — Natural _ Perm. Pavement -'__ -- Re -R.Wea Channel¢etl Plead Trout Run r Watershed - s 1 v' ! t_(.. 0 0.25 0.5 MJe tt A Green Infrastructure Waterway Type - Tree Planters — Natural - Perm. Pavement — Re- Rputed — Channeleed — Pipw IN Trout r Trout Watershed un T lyl c ?,SAS 3 v Lines uklk��e 0 025 05 1 Miles B i w A r Gt _t y Section — Natural �`"" Reference _ —__ Re- Rau(ed 4.2(b)(d — Channelized O 542(b)(0) — Piped - 5 4.2(blliil� -54.2(b)(m) 0 0.25 0.5 )Miles 3. Hydraulic Function Analysis • 1st & Salem Surcharge • Warehouse Row • Norfolk Av Tunnel & Lick Run Channel EOMEM <aoo der '" n 3. Hydraulic Function — Campbell Av • 2015 Lumsden Study 500 -1000 blocks = $2.8M • Campbell & 10th Microtunnel direct to Roanoke River option = $3.5M 1. Restore • Tree Cover • Green Infrastructure 2. Provide Attenuation • Stream Daylighting • Flood Storage 3. Hydraulic Function r% LJ411%fAn 700"210 a 1311E.; •101• Ai ..J.Yri 3u[S I 61 .y GG IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41157- 061818. A RESOLUTION authorizing the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program made to the City of Roanoke by the Virginia Department of Criminal Justice Services for Equipment and Technology, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: L The City of Roanoke hereby accepts the Grant from the Virginia Department of Criminal Justice Services pursuant to the Edward Byrne Memorial Justice Assistance Grant Program in the amount of $39,595, with no matching funds from the City, to the Roanoke City Police Department to purchase replacement equipment used by the patrol division which has reached the end of its useful life, and to provide new equipment to the department such as personal fire suppression systems, fire - resistant gloves, coveralls, and related clothing items, with no local match required from the City. Such grant being more particularly described in the City Council Agenda Report dated June 18, 2018. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Grant in a form approved by the City Attorney. R -Bz, UA(q - for ryu, ...I and T.xhnulogv 6 . 1919 due The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Criminal Justice Services in connection with acceptance of the foregoing Grant. ATTEST: City Clerk. R -thyme (JAG) - for rgntpment and Technology 6 . 18 . 18 .doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41158- 061818. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program, amending and reordaining certain sections of the 2017 -2018 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 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment ( <$5,000) 35- 640 - 3629 -2035 $ 39,595 Revenues Byrne /JAG Equipment and Technology FY18 35- 640 - 3629 -3628 39,595 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �^,.0 /�� � o � City Clerk. JJJ �w CITY COUNCIL AGENDA REPORT U To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Byrne /Justice Assistance Grant (JAG) - Equipment and Technology Background: The Virginia Department of Criminal Justice Services (DCJS) is the distributing agency for Byrne /JAG grant funding from the U. S. Department of Justice (USDOJ). The purpose of the Byrne /JAG Equipment and Technology grant is to improve or enhance the delivery of daily law enforcement services to the community and /or ensure the safety of citizens and officers. On May 15, 2018, DCJS awarded the City of Roanoke $39,595 through its Equipment and Technology fund. There is no local match funding required under this Grant. Grant funds will be used to purchase replacement equipment used by the patrol division which has reached the end of its useful life, and to provide new equipment to the department such as personal fire suppression systems, fire - resistant gloves, coveralls, and related clothing items. Recommended Action: Accept the 2018 Byrne /JAG - Equipment and Technology grant described above and authorize the City Manager to execute the grant agreement (grant number 18- A4461AD14) and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $39,595 and appropriate funding of the same amount into an account to be.WA- )shed by the Director of Finance in the Grant Fund. Robert S.°Cow`eH; Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police 0,(- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41159- 061818. A RESOLUTION authorizing the acceptance of the Child Abuse and Neglect Prevention Program Grant to the City of Roanoke ( "City") by the Virginia Department of Social Services ("VDSS") in the amount of $50,000; and authorizing the City Manager to execute any documentation required to accept the Grant on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: The City hereby accepts the Child Abuse and Neglect Prevention Grant in the amount of $50,000, by the VDSS, with a local in -kind match in the amount of $8,941 to be provided by the City and a cash match in the amount of $2,494 to be provided by the City, for the grant period to commence on July I, 2018, for the purpose of providing parenting classes with an in -home component to 45+ parents of children 0- 12 years old identified by the City of Roanoke Department of Social Services ( "DSS ") as at risk of abusing and neglecting their children, all as more particularly set forth in the City Council Agenda Report dated June 18, 2018. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the Grant agreement with the VDSS and all necessary documents required to accept the Grant. All documents shall be upon form approved by the City Attorney, The City Manager is further directed m fumish such additional information as maybe required in connection with City's acceptance of this Grant. R - ild AI a s, & N,1, , Pr ,e ..116.18 18) A IT EST : Clerk X IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41160 - 061818. AN ORDINANCE to appropriate funding from the Virginia Department of Social Services for the Child Abuse and Neglect Prevention Program Grant, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Business Meals and Travel Program Activities Revenues Child Abuse Prevention FY19 — Federal PT Child Abuse Prevention FY19 — State Child Abuse Prevention FY19 — Local 35- 630 - 5225 -1004 $ 4,013 35- 630 -5225 -1120 307 35- 630 - 5225 -2144 32 35- 630 - 5225 -2066 48.142 35- 630 - 5225 -5225 25,000 35- 630 -5225 -5226 25,000 35- 630 -5225 -5227 2,494 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: UM - ovh Q� City Clerk. �o$ G CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Child Abuse and Neglect Prevention Program Grant Background: Beginning in January 2014, the City of Roanoke Department of Social Services (DSS) partnered with Blue Ridge Behavioral Health (BRBH) and Intercept Youth Services to develop a parent program for parents at risk of abusing and /or neglecting their children. This parenting initiative included a classroom and in- home practice component and was focused primarily on parents with children ages 5 to 12 years old. It was funded primarily through state /federal Promoting Safe and Stable Families (PSSF) funds and Children's Service Act (CSA) funds. PSSF funds can only fund three classes of 15 people per year. Due to the popularity and initial success of the initiative, DSS submitted a grant proposal to the Virginia DSS State Office to fund additional classes which would focus on serving 45+ parents with children ages 0 to 5 years, as well as young parents, and Latino parents. PSSF and CSA funds continued to fund classes for parents of children 6 years and older. The City of Roanoke's DSS has been awarded a Child Abuse and Neglect Prevention Program grant for a fourth year. A new grant cycle begins July, 2018, and this grant will provide parenting classes with an in -home component to 45+ parents of children 0 -12 years old identified by DSS as at risk of abusing and neglecting their children. The program is entitled "Parenting Little Ones." The award is for 550,000 and will be used to pay for the classroom and in- home components, translators for non - English speaking parents, bus passes to assist families with transportation to the class, and child care while the parents attend the class. This award requires a match of local funds. The total match is $12,500; $8,941 is in -kind and the remaining $2,494 is a cash match which can be provided from the Grant Matching account 35- 300 - 9700 -5415. The award is available starting July 1, 2018. Recommended Action: Accept the Child Abuse and Neglect Prevention Program grant and authorize the City Manager to execute the grant agreement and any necessary documents required to accept the grant, to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the Grant Fund for $52,494, transfer funding in the amount of $2,494 from account 35- 300 - 9700 -5415 (Local Match Funding for Grants) to provide the local match funding, and appropriate total funding of $52,494 into accounts to be established by the Director of Finance in the Grant Fund. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Steven W. Martin, Director of Human /Social Services \J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41161- 061818. A RESOLUTION authorizing acceptance of a donation of a pumptrack from the Roanoke International Mountain Bicycling Association to the City of Roanoke and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that I. The City Manager is hereby authorized on behalf of the City to accept from the Roanoke International Mountain Bicycling Association (RIMBA) the donation to the City of Roanoke of a pumptrack, valued at approximately 822,874, as more particularly set forth in the City Council Agenda Report dated June 18, 2018. 2. The City Manager is hereby authorized to execute for and on behalf of the City any and all documents pertaining to the City's acceptance of the donation, such documents to be approved as to form by the City Attorney. 3. This Council wishes to express its appreciation to RIMBA for their generous donation to the City of Roanoke as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to RIMBA, expressing the City's appreciation for its donation. R- donmionA,— ptnkiRIMtlk)618 8,1c ATTEST: %k, City Clerk. QCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Donation of Pumptrack by Roanoke International Mountain Bicycling Association (Roanoke IMBA) Background: Community support for more bicycle and skateboard facilities has increased steadily in recent years. In the most recent Parks and Recreation Master Plan, citizens identified their desire for additional and diversified bicycle facilities where both mountain and BMX bicycle enthusiasts would have more opportunities within the City's more urban parks to recreate and enjoy their preferred pastime. To that end, Parks and Recreation staff included a pumptrack as an amenity at the Go Outside Festival and it was very well received. So much so that the Roanoke International Mountain Bicycling Association ( RIMBA) purchased the pumptrack from the vendor who brought it to the event. RIMBA desires to donate the pumptrack to the City for use within Wasena Park, which will provide citizens of all ages a place to recreate, develop skills, and create community. The specific placement location is identified on the attached map. Considerations: Establishing additional active recreational opportunities such as a pumptrack into Wasena Park will fulfill needs identified within the Parks and Recreation Master Plan as well as providing for more unique close -to -home active recreational features for all ages. To those ends, RIMBA would like to donate the pumptrack to the City of Roanoke, valued at $22,874. Recommended Action: Accept the donation of the pumptrack from the Roanoke International Mountain Bicycling Association, valued at $22,874, and authorize the City Manager to execute any necessary documents, in a form approved by the City Attorney, to provide any additional information, and to take any necessary actions in order to accept, use, and administer such d,atfari. > Ro ert S( owe , Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Michael Clark, Director of Parks and Recreation Amelia C. Merchant. Director of Finance ,*�-r: ._ �. �� WASENA POMP TRACK- LOCATION PLAN ROANOKE PARKS AND RECREATION Not to Scale 06/14/18 WASENA PUMP TRACK. SITE PLAN ROANOKE PARKS AND PECPEARON No toScale W /OMB IN THE COUNCIL OF THE CH Y OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41162 - 061818. A RESOLUTION authorizing acceptance of certain grants from the United States Department of Housing and Urban Development (I IUD) for entitlement funding for the 2018 -2019 fiscal year consisting of the Community Development Block Grant (CDBG), the HOME Investment Partnerships Program (HOME) Grant, and the Emergency Solutions Grant (ESG), such grants to be used in connection with the 2018 -2019 HUD Action Plan previously approved by City Council: upon certain terms mid conditions, and authorizing the execution of the necessary grant documents required to accept such funding. BE If RESOLVED by the Council of the City of Roanoke that 1. The City of Roanoke hereby accepts entitlement grant funding for the 2018 -2019 fiscal year from HUD, with no local match required from the City of Roanoke, in the following amounts: (1) C DBG entitlement funding in the amount of $ I ,732,287, (2) HOME entitlement funding in the amount of $606,064, and (3) ESG entitlement funding in the amount of $139,611. The aforementioned funding shall be used for the purpose of providing a variety of activities ranging from housing, community and economic development, and supportive programs for homelessness prevention and rapid rehousing, in connection with the 2018 -2019 HUD Action Plan previously authorized by City Council pursuant to Resolution No. 41128- 051418, as more particularly described in the City Council Agenda Report dated June 18, 2018, and the attachments to that report. 2. The City Manager is hereby authorized to execute any and all requisite documents, in a fort approved by the City Attorney, and to furnish such additional information as maybe required in connection with the City's acceptance of such grants. A I't EST: �,1� lyt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41163 - 061818. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Solutions Grant (ESG), amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, Appropriations HOME — MOTA Home Ownership Habitat 35- 090 - 5397 -5647 $ 163,865 HOME — Available to Commit 35- 090 - 5397 -5664 (152,714) HOME — MOTA Home Ownership Habitat 35- 090 -5399 -5647 800 HOME — Regular Employee Salaries 35- 090 - 5412 -1002 33,229 HOME — City Retirement 35- 090 -5412 -1105 5,250 HOME - FICA 35- 090 - 5412 -1120 2,542 HOME — Medical Insurance 35- 090 -5412 -1180 3,989 HOME — Dental Insurance 35- 090 - 5412 -1126 262 HOME — Life Insurance 35- 090 - 5412 -1130 435 HOME — Disability Insurance 35- 090 -5412 -1131 101 HOME — Training and Development 35- 090 - 5412 -2044 3,000 HOME — Mortgage Assistance Program 35- 090 - 5412 -5399 60,000 HOME — MOTA Home Ownership Habitat 35- 090- 5412 -5647 497,256 ESG — Fees for Professional Services 35 -E17- 5287 -2010 (3,978) ESG — Council of Community Services 35 -E17- 5287 -5618 2,286 ESG — Family Promise 35 -E17- 5287 -5644 524 ESG — ARCH 35-E17-5287-5650 1,168 ESG — Regular Employee Salaries 35 -E19- 5232 -1002 2,006 ESG — City Retirement 35 -E19- 5232 -1105 317 ESG — FICA 35 -E19 -5232 -1120 153 ESG — Medical Insurance 35 -E19- 5232 -1125 332 ESG — Dental Insurance 35 -E19 -5232 -1126 17 ESG — Life Insurance 35 -E19- 5232 -1130 26 ESG — Disability Insurance 35 -E19- 5232 -1131 6 ESG — Program Activities 35 -E19- 5232 -2066 3,000 ESG —ARCH (Trust House) 35 -E19- 5232 -5650 38,029 ESG — Council of Community Services 35 -E19- 5232 -5618 66,225 ESG — Family Promise 35 -E19- 5232 -5644 29,500 CDBG — Emergency Home Repair TAP 35- G17- 1719 -5470 11,370 CDBG — Available to Commit — Mortgage 35 -G17- 1719 -5661 (30,000) Program CDBG — Habitat —New Home Ownership 35- G17- 1720 -5647 (8,667) CDBG — Available to Commit — MOTA 35 -G17- 1720 -5664 (12,645) CDBG —Apple Ridge Farm 35 -G17- 1739 -5084 (3,158) CDBG —Home Stabilization for Families in 35 -G17- 1739 -5604 (6,254) Need CDBG — Neighborhood Development 35 -G17- 1744 -5642 (5,300) CDBG — Habitat —New Home Ownership 35 -G17- 1720 -5647 12,012 CDBG — Mortgage Assistance Program 35 -G18- 1819 -5399 (57,147) CDBG — Emergency Home Repair TAP 35 -G18- 1819 -5470 (11,370) CDBG — Rental Rehabilitation 35 -G18- 1820 -5236 (100,000) CDBG — Habitat —New Home Ownership 35 -G18- 1820 -5647 11,496 CDBG — infrastructure Improvements 35 -G18- 1820 -5649 (18,217) CDBG — Neighborhood Planning Activities 35 -G18- 1821 -5634 (42,240) CDBG —Fees for Professional Services 35- G18- 1822 -2010 (2,738) CDBG— Advertising 35 -G18- 1822 -2015 (927) CDBG —Xerox Lease 35 -G18- 1822 -3045 (1,000) CDBG —DOT Billings 35 -G18- 1822 -7005 (500) CDBG —Risk Management 35 -G18- 1822 -7017 (500) CDBG — Telephone 35 -G18- 1822 -2020 (2,400) CDBG — Expendable Equipment ( <$5000) 35 -G18- 1822 -2035 (5,000) CDBG —Dues and Memberships 35 -G18- 1822 -2042 (260) CDBG— Printing 35 -G18- 1822 -2075 (2,000) CDBG — Records Management 35 -G18- 1822 -2082 (500) CDBG — Training and Development 35 -G18- 1844 -2044 (476) CDBG— Neighborhood Development 35 -G18- 1844 -5642 (14,120) CDBG — Goodwill Industries of the Valleys 35 -G18- 1839 -3926 50,000 CDBG — Apple Ridge Farm 35 -G18- 1839 -5084 46,000 CDBG —Home Stabilization for Families in 35 -G18- 1839 -5604 6,254 Need CDBG — Neighborhood Development 35 -G18- 1844 -5642 250,000 CDBG — Empowering Individuals with 35 -G19- 1919 -5057 95,000 Disabilities CDBG — Demolition 35 -G19- 1919 -5108 30,000 CDBG — Limited Housing Rehabilitation MOTA 35 -G19- 1919 -5665 95,000 CDBG — Major Home Repair MOTA 35 -G19- 1920 -5666 230,000 CDBG - Emergency Home Repair TAP 35 -G19- 1919 -5470 102,000 CDBG -World Changers 35 -G19- 1919 -5486 93,000 CDBG - New Home Ownership 35 -G19- 1920 -5647 360,000 CDBG - Infrastructure Improvements 35 -G19- 1920 -5649 171,853 CDBG - Regular Employee Salaries 35 -G19- 1922 -1002 119,755 CDBG - City Retirement 35 -G19- 1922 -1105 18,931 CDBG - FICA 35 -G19- 1922 -1120 9,166 CDBG - Medicallnsurance 35 -G19- 1922 -1180 15,623 CDBG - Dental Insurance 35 -G19- 1922 -1126 926 CDBG - Life Insurance 35- G19- 1922 -1130 1,570 CDBG - Disability Insurance 35 -G19- 1922 -1131 363 CDBG - Fees for Professional Services 35 -G19- 1922 -2010 45,000 CDBG - Advertising 35 -G19- 1922 -2015 5,000 CDBG - Telephone 35- G19- 1922 -2020 2,400 CDBG - Administrative Supplies 35- G19- 1922 -2030 2,500 CDBG - Expendable Equipment ( >$5000) 35 -G19- 1922 -2035 5,000 CDBG - Dues and Membership 35 -G19- 1922 -2042 1,500 CDBG - Training and Development 35 -G19- 1922 -2044 22,500 CDBG - Printing 35 -G19- 1922 -2075 2,000 CDBG - Postage 35 -G19- 1922 -2160 700 CDBG - DoT Billings 35 -G19- 1922 -7005 500 CDBG - Risk Management 35- G19- 1922 -7017 500 CDBG - Records Management 35 -G19- 1922 -2082 500 CDBG -Xerox Lease 35 -G19- 1922 -3045 1,000 CDBG - Regular Employee Salaries 35- G19- 1923 -1002 107,498 CDBG - City Retirement 35 -G19- 1923 -1105 18,340 CDBG - 401H Health Savings 35- G19- 1923 -1117 1,074 CDBG - FICA 35 -G19- 1923 -1120 8,215 CDBG - Medicallnsurance 35 -G19- 1923 -1180 12,411 CDBG - Dental Insurance 35 -G19- 1923 -1126 694 CDBG - Life Insurance 35 -G19- 1923 -1130 1,407 CDBG - Disability Insurance 35 -G19- 1923 -1131 361 CDBG -Youth Support Services 35 -G19- 1939 -3742 15,000 CDBG - Child Health Investment Partnership 35 -G19- 1939 -5556 46,000 CDBG - Healthy Families 35 -G19- 1939 -5652 14,000 CDBG - Home Stabilization for Families in 35 -G19- 1939 -5604 50,000 Need CDBG - Neighborhood Development 35 -G19- 1944 -5642 25,000 Revenues HOME Entitlement FY17 35- 090 - 5397 -5397 11,151 HOME Program Income FY18 35- 090 -5399 -5399 800 HOME Entitlement FY19 35- 090 - 5412 -5412 606,064 ESG Entitlement FY19 35 -E19- 5232 -5232 139,611 CDBG- Program Income F18 35 -G18- 1800 -3810 2,751 CDBG -Other Program Income RRHA FY18 35 -G18- 1800 -3811 58,962 CDBG Entitlement FY19 35 -G19- 1900 -3701 11732,287 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 1T City Clerk. a G CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Acceptance and Appropriation of 2018 -2019 Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG)Funds Background: CDBG and HOME funds received from the U. S. Department of Housing and Urban Development (HUD) provide for a variety of activities ranging from affordable housing and community development to economic development. ESG funds are used to support programs for homelessness prevention and rapid rehousing. The City has received entitlement grant funds for over thirty years and must submit an Action Plan annually to HUD to receive such funding. On May 14, 2018, by Resolution No. 41128-051418, City Council authorized filing the funding applications as part of approving the submission of the 2018 -2019 Annual Plan to HUD. funding allocations contained in this report reflect those presented to the City Council in the 2018 -19 HUD Annual Plan adoption. Considerations: The 2018 -2019 HUD Action Plan, approved by City Council provides for activities totaling $2,818,962. The funding for these activities included new entitlement funds of $2,477,962 and funds unexpended from prior year accounts equaling $341,000. Acceptance of the funds and appropriation or transfer to the accounts indicated in Attachment 1 is needed to permit the 2018 -2019 activities to proceed. Recommended Actions: Accept the 2018 -2019 CDBG, HOME and ESG entitlement funds to be used for providing the services indicated in the 2018 -2019 HUD Action Plan as detailed below; CDBG 2018 -19 Entitlement $1,732,287 HOME 2018 -19 Entitlement 606,064 ESG 2018 -19 Entitlement 139.611 TOTAL $2,477,962 Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other documents required by HUD in order to accept the funds, all of such documents to be approved as to form by the City Attorney; and 3. Adopt the accompanying budget ordinance to appropriate, deappropriate, reprogram, and transfer funding in the amount of $2,551,626 into accounts to be established in the Grant Fund by the Director of Finance, as detailed in the attached budget ordinance. - C-- V ------- Robert S. Cowell, Jr. City Manager Attachment: FY 18 -19 HUD Funds Appropriation Ordinance Distribution: 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 Chris Chittum, Director of Planning, Building and Development Keith Holland, Community Resources Program Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41164- 061818. AN ORDINANCE to appropriate funding from the Residual Technology and Fleet Funds for technology capital needs and Capital Project Contingency, amending and reordaining certain sections of the 2017 -2018 General 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 General Fund and Capital Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund 01- 250 - 9310 -9508 $ 2,963,649 Fund Balance Unassigned Fund Balance 01 -3380 (2,963,649) Capital Projects Fund Appropriations Appropriated from General Revenue 08- 430 - 9223 -9003 13,000 Appropriated from General Revenue 08- 430 - 9225 -9003 50,000 Appropriated from General Revenue 08- 430 - 9468 -9003 50,000 Appropriated from General Revenue 08- 430 - 9546 -9003 70,000 Appropriated from General Revenue 08- 430 - 9845 -9003 93,000 Contingency 08- 530 - 9575 -9220 2,550,649 Appropriated from General Revenue 08 -530- 9586 -9003 137,000 Revenues Transferfrom General Fund 08- 110 - 1234 -1037 2,963,649 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: O� City Clerk. 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Appropriation of Residual Funding from the Technology and Fleet Funds Background: Operating as internal service funds until June 30, 2017, the Technology and Fleet Funds annually appropriated available retained earnings. As of July 1, 2017, these funds were dissolved and appropriate operating expenses incorporated in the General Fund. Residual funding from the Fleet and Technology funds has been transferred temporarily to the General Fund Unassigned Fund Balance. A final appropriation of these funds is necessary from the General Fund Unassigned Fund Balance. Considerations: Residual funding from the Technology Fund in the amount of $2,308,477 is available for appropriation as noted below: Technology Capital Needs - $413,000 Capital Project Contingency - $1,895,477 Residual funding from the Fleet Fund in the amount of $655,172 is available for appropriation as noted below: • Capital Project Contingency - $655,172 It is not the practice of the City of Roanoke to appropriate funding from the Unassigned Fund Balance, however, due to the uniqueness of the Technology and Fleet Fund dissolutions, this single appropriation action is required by City Council. Recommendation: Adopt the accompanying budget ordinance to appropriate residual Technology and Fleet funding as follows: Technology capital needs - $413,000 Capital Project Contingency - $2,550,649 -- - - - - -- - -- - ---- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Sherman Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Vanessa Bohr, Director, Department of Technology Michael Shockley, Director, General Services �-Inllll-b IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41165- 061818. AN ORDINANCE to increase the transfers to Roanoke City Public Schools and Berglund Center, operating expenditures for Off -Duty Earnings (Police and Sheriff), community organizations, and Budget Contingency expenditures, and to increase revenue budget estimates for local taxes and other revenues, amending and reordaining certain sections of the 2017 -2018 General 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 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows Appropriations Off -Duty Earnings (Sheriff) 01- 140 - 2140 -1015 Transfer to School Fund 01- 250- 9310 -9530 Transfer to Civic Facilities 01- 250 - 9310 -9605 Williamson Road Area Service District 01- 300 - 7220 -3756 Visit Virginia's Blue Ridge Foundation 01- 300 - 7220 -3777 Budget Contingency 01- 300 - 9410 -2199 Off -Duty Earnings (Police) 01- 640- 3114 -1015 Revenues Current Year Williamson Road District Tax 01- 110 - 1234 -0106 Sales Tax 1 % State 01- 110 - 1234 -0201 Current Business License 01- 110 - 1234 -0220 Transient Occupancy Tax 01- 110 - 1234 -0225 Admissions Tax— Civic Facilities 01- 110 - 1234 -0227 Motor Vehicle License 01- 110 - 1234 -0230 Bank Stock Taxes 01- 110 - 1234 -0235 Prepared Food & Beverage Tax 01- 110 - 1234 -0250 Building Inspection Fees 01- 110- 1234 -0310 EMS Service Charges 01- 110 - 1234 -0854 Damages to City Property 01- 110 - 1234 -0865 Sale of Surplus Property 01- 110 - 1234 -0867 Off Duty Billings - Police 01- 110 - 1234 -1298 Off Duty Billings - Sheriff 01- 110 - 1234 -1313 23,000 685,000 25,000 37,000 187,500 1,842,500 310,000 37,000 300,000 600,000 500,000 25,000 200,000 150,000 150,000 300,000 200,000 200,000 115,000 310,000 23,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City ClerK. eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: FY 2018 Revenue and Expense Budget Adjustments Background: Several FY 2018 revenues are expected to exceed budget in the amount of $3,110,000. Several revenues have corresponding expenditures which will be remitted to agencies such as Roanoke City Public Schools, Visit Virginia's Blue Ridge and the Williamson Road Area Business Association. Several other revenues have expenditure off -sets within departmental budgets. Adjustments to the FY 2018 budget are required to align expected revenues with expenditures and appropriate funding to the budget contingency in order to fund one -time capital items and address any residual year -end closeout issues. The following adjustments should be made to increase the revenue budget: Local Taxes: • EMS Fees • Williamson Road District Taxes 37,000 • Sales Tax 300,000 • Business & Occupational License Tax 600,000 • Transient Occupancy Tax 500,000 • Admissions Tax - Civic Facilities 25,000 • Motor Vehicle License 200,000 • Prepared Food & Beverages 150,000 • Bank Stock Taxes 150,000 $1,962,000 Other Revenues • Building Inspection Fees 300,000 • EMS Fees 200,000 • Damages to City Property 200,000 • Sale of Surplus Property 115,000 • Off -Duty Earnings - Police 310,000 • Off -Duty Earnings - Sheriff 23.000 $1,148,000 Off Duty Earnings (Police and Sheriff) revenues are expected to exceed the current budget of $186,000 by $333,000. The expense for these services is reimbursed to the city by agencies requesting services of the Police Department and Sheriff. Considerations: City Council action is needed to revise FY 2018 revenue estimates for certain revenues and to increase appropriations. Recommended Action: Adopt the accompanying budget ordinance to: Increase the revenue estimate for the following: Local Taxes: • Williamson Road District Taxes 37,000 • Sales Tax 300,000 • Business & Occupational License Tax 600,000 • Transient Occupancy Tax 500,000 • Admissions Tax - Civic Facilities 25,000 • Motor Vehicle License 200,000 • Prepared Food & Beverages 150,000 • Bank Stock Taxes 150.000 $1,962,000 Other Revenues • Building Inspection Fees 300,000 • EMS Fees 200,000 • Damages to City Property 200,000 • Sale of Surplus Property 11 5,000 • Off -Duty Earnings - Police 310,000 • Off -Duty Earnings - Sheriff 23.000 $1,148,000 • Appropriate funding to the following: • Roanoke City Public Schools $ 685,000 • Williamson Road District Taxes 37,000 • Visit Virginia's Blue Ridge 187,500 • Admissions Tax - Civic Facilities 25,000 • Off -Duty Earnings - Police 310,000 • Off -Duty Earnings - Sheriff 23,000 • Contingency 1 842.500 $3,110,000 Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance , JI t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41166 - 061818. A RESOLUTION authorizing execution of an Agreement with Carilion Property Management, Inc., in connection with the use of the Crystal Spring Garage, the Riverwalk Garage, and parking spaces on Evans Mill Road during the 2018 annual fireworks show. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, upon form approved by the City Attorney, an Agreement for the use of the Crystal Spring Garage, the Riverwalk Garage, and parking spaces on Evans Mill Road from 3:00 p.m. until 11:00 p.m. on Wednesday, July 4, 2018, or any other date needed due to weather or other unforeseen circumstances, in connection with the 2018 annual fireworks show, such Agreement including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management, Inc., under certain circumstances and to the extent permitted by law, all of which is set out in the City Council Agenda Report dated June 18, 201 S. -- -ATTEST: City Clerk. R -Waive Yovndgn Lmnun, and Fndorse Iluld Ilzrn,lasrn, -A, zh-2019 v2. hoc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Agreement Requiring City to Indemnify and Hold Harmless Carilion Property Management, Inc. Background The City of Roanoke is hosting the annual fireworks show at River's Edge Sports Complex on July 4, 2018. Shuttle service to the event site will be provided from Virginia Western Community College. Carilion Property Management, Inc. ( "Carilion ") has agreed to allow the City to use the parking spaces along the fence on Evans Mill Road, behind 213 McClanahan Street, S.W., as a shuttle drop -off point. Carilion has also agreed to allow its Crystal Spring Garage and the Riverwalk Garage to serve as designated emergency shelters in the event of a sudden severe storm or other weather event. Carilion will restrict access to the Riverside Garage and Riverside Campus during the event. Considerations: The Agreement authorizing the use of the facilities referenced above contains a provision requiring the City to indemnify and hold Carilion Property Management, Inc. harmless from any and all liabilities arising out of the use of Carilion facilities, to the extent permitted by law. An indemnification and hold harmless provision constitutes a waiver of sovereign immunity, and the execution of any contract containing such a provision must be authorized by City Council. Recommended Action: Adopt the attached resolution, authorizing the City Manager to execute an Agreement with Carilion Property Management, Inc., substantially in form as the Agreement attached to this letter, and waiving sovereign immunity, to the extent permitted by law. Such Agreement shall be approved as to form by the City Attorney. Robert S. C e ; Jr. City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Michael D. Clark, Director of Parks and Recreation CARILION PROPERTY MANAGEMENT HOLD HARMLESS AGREEMENT Carillon Property Management agrees to allow the City of Roanoke to block off the parking spaces along the fence on Evans Mill Road behind 213 McClanahan in Roanoke for bus pick ups and drop offs of attendees to the 4`" of July Festival on Wednesday, July 4, 2018 between the hours of 3 PM and 11 PM. Carilion Property Management also agrees to block off the Riverside Garage located at 6 Riverside Circle and the Riverside Campus for normal access during the event. According to the established emergency plans for the event, the Crystal Spring Garage located at 2001 Crystal Spring Avenue and the River Walk Garage located on the campus of Carilion Roanoke Memorial Hospital are identified as designated emergency shelters in the event of a sudden severe storm or other weather event. These facilities will only be used in an emergency sheltering event. This agreement may be rescinded or amended at any time by Carilion Property Management. The City of Roanoke agrees to indemnify and hold harmless Carilion Clinic and all its affiliated companies, including Carilion Property Management, to the extent permitted by law from any and all liabilities arising out of the use of the said parking spaces on Evans Mill Road and potential use of the identified garages and the Riverside Campus. They also agree to leave the premises in the same manner, as before occupancy and if need arises to have the premises cleaned due to their use, they will be responsible for this cost. Carilion representative: Title: Date: City of Roanoke: Title: Date: STATEMENT OF CONFLICT OF INTEREST I, Uax id B. -I Tinkle, state that I have a personal interest in Agenda Item 7. a. 7 of the City Council Agenda for June 18, 2018, reearding the Execution of an agreement bemeen the City and Carilion Property Management, Inc. for parking at facilities owned and operated by Carillon Property Management, Inc. for July 4, 2018, because my employer, Carillon Medical Center, is affiliated With Carillon Property Management, Inc. 1 have no role in this program and do not participate in any decision- makin, processes involving this matter on behalf of my employer. Therefore, pursuant to Virginia Code Sections 22 -3110 A. 4 and 22 -3112 A, 1, 1 must refrain from participation in this matter. 1 ask that the City Clerk accept this statement and ask that it be made a pall of the minutes of this meeting. Witness the following signature made this 18th day of June, 2018. (Seal) vic1 B. Trinkle, Member of Council IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41167 - 061818. AN ORDINANCE authorizing the City Manager to execute Lease Extension Agreement No. 1 to a Lease Agreement with the City of Roanoke, Virginia (­City") and Richard F. Beverly and Cassie M. Beverly ("Beverlys"), for the lease of an approximately 0.9917 acre parcel of City -owned property located at 2410 Mason Mill Road, N.F., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7170509; and dispensing with the second reading of this ordinance by title. WHEREAS, the City and the Beverlys entered into a Lease Agreement dated December 28, 2016, for the lease of certain property located at 2410 Mason Mill Road, N.E., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 7170509 ("Lease Agreement"): WHEREAS, the Lease Agreement provided that the Term of the Lease Agreement would end on June 28, 2018; and WHEREAS, the City and the Beverlys have agreed to the terns and conditions for an extension of the Lease Agreement for the time period of June 29, 2018, through July 31, 2018, at an additional rent amount of $10.00. THEREFORE, BE ff ORDAINED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, the Lease Extension Agreement No. 1 to the Lease Agreement with the City and the Beverlys, for a period of June 29, 2018, through July 31, 2018, at an additional rent amount of $10.00, as more particularly described in the City Council Agenda Report dated June 18, 2018. 0-1 oavc I xi Aucement No 1 —City & neverl,-I M7170509.(6. 18 . 18) 2. 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- 1 la, EYA,r I.n lmNo .I— Clty &FIvcdrr- lM917MO9.(e. 18 . 18) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Lease Extension for Richard E. Beverly and Cassie M. Beverly for 2410 Mason Mill Road, N.E., Roanoke, Virginia Background: In December 2016, the City of Roanoke purchased a residential home and land consisting of approximately 0.9917 acres, being property designated as Roanoke Official Tax Map No. 7170509, located at 2410 Mason Mill Road, N.E., in the City of Roanoke, Virginia, adjacent to the planned Deschutes Brewery, pursuant to the City's Contract with Deschutes to acquire additional parcels adjacent to the parcel Deschutes anticipates purchasing. Richard E. Beverly and Cassie M. Beverly entered into an Eighteen (18) month lease agreement. The current lease expires June 28, 2018. Mr. and Mrs. Beverly have expressed a desire to extend the current lease, together with all improvements situated on the property, from the City of Roanoke for one additional month expiring July 31, 2018, and Deschutes consents to the extension of the Lease. The City and Deschutes anticipate closing on this property, as well as the other parcels, prior to June 30, 2018. The Beverly property will be conveyed to Deschutes subject to this Lease, as extended. Recommended Action: Authorize the City Manager to execute a lease extension agreement with Richard E. Beverly and Cassie M. Beverly, for approximately 0.9917 Acres, being property designated as Roanoke Official Tax Map No. 71 70509, located at 2410 Mason Mill Road, N.E., Roanoke, Virginia, extending the lease to July 31, 2018. Such lease extension agreement shall be in a form approved by the City Attorney. , r -' '-- --------------- - - -- Robert S.'Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Robert Ledger, Acting Director Economic Development Cassandra L. Turner, Economic Development Specialist CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ('lun'ch Amm , S. W., Room 456 Roanoke, Virginia 241111 -1536 'I'olophnnc: 1540)853-2541 11rx: (540) 85 }1145 S'I'11.11ANI I+ a I. N OON R IN NOI. D S, p I N[. P3mnil: cicr'lan n,ann Lcragov ('IX EIAA I. M( ( (n' ('iry� (lcrA Ileyrrry' ('ilp (IcrA June 22, 2018 Kevin L. Price General Manager Greater Roanoke Transit Company d /b /a Valley Metro 1108 Campbell Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Price: A.ssislnnl Depury- ('ily ('10It I am enclosing copy of Ordinance No. 41168- 061818 allowing a bus shelter encroachment requested by the Greater Roanoke Transit Company d /b /a Valley Metro into the public right -of -way located at the southwest corner of Patterson Avenue, S.W. and 131h Street, S.W., Roanoke, Virginia, in front of a vacant parcel owned by the West End Center, Inc., designated as Official Tax Map No. 1213407. Furthermore, Paragraph 3 states that GRTC, its grantees, assigns, or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus shelter in an amount not less than $2,000,000.00 of general liability insurance; and the Certificate of Insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within 30 days of passage of Ordinance No. 41168- 061818 and shall state that such insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. Kevin L. Price General Manager Greater Roanoke Transit Company d /b /a Valley Metro 1108 Campbell Avenue, S. E. Roanoke, Virginia 24013 June 22, 2018 Page 2 Lastly, Paragraph 5 states that Ordinance No. 41168- 061818 shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by GRTC has been admitted to record, at the cost of GRTC, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk, or until the City requires the removal of such bus shelter, which may be done in the sole discretion of the City by sending written notice to GRTC to remove such bus shelter; and in the event this Ordinance is not signed by GRTC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within 90 days from its adoption, Ordinance No. 41168-061818 shall terminate and be of no further force and effect. The abovementioned Ordinance was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 18, 2018, and is in full force and effect upon passage. Sincerely, -� Stephanie M. Moon Reypa: MC City Clerk The Honorable Brenda Hamilton, Clerk of Circuit Court Ron Parker, Assistant General Manager, Valley Metro R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert Ledger, Acting Director of Economic Development Cassandra L. Turner, Economic Development Specialist Jackie Clewis, Risk Manager Daniel J. Callaghan, City Attorney David L. Collins, Assistant City Attorney K BLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NO. 1213407 IN THE COIJNCII, OF THE CITY OF ROANOKE, VIRGINIA The 18th day of Sune, 2018. No. 41168- 061818. AN ORDINANCE allowing a bus shelter encroachment requested by the Greater Roanoke Transit Company d/b /a Valley Metro ( "GRTC "), into the public right -of -way located at the southwest corner of Patterson Avenue, S.W. and 13" Street, S.W., Roanoke, Virginia, in front of a vacant parcel owned by the West End Center, Inc., designated as Official Tax Map No. 1213407, upon certain terms and conditions, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: I. Authorization is hereby granted to GRTC to allow the encroachment of a GRTC owned bus shelter to be placed in the City's public right -of -way located at the southwest comer of Patterson Avenue, S.W. and 13 °i Street, S.W., Roanoke, Virginia, in front of a vacant parcel owned by the West End Center, Inc., designated as Official Tax Map No. 1213407. The area of the encroachment shall be approximately 6 feet in width and will extend approximately 10 feet in length into the right -of -way as more particularly set forth and described in the City Council Agenda Report dated June 18, 2018. 2. It is agreed by GRTC that, in maintaining such encroachment. GRTC and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise by reason of the above - described encroachment. GRTC agrees that the encroachment shall be removed at any time front the right -of -way upon written demand of the City of Roanoke, and that such placement and removal of the encroachment shall be at the sole cost and expense of GRTC. GRTC agrees that it shall be responsible for the installation, maintenance, operation, cleaning, repair, restoration, of the encroachment, and it shall replace any damage to the bus shelter, and any damage to the land, caused by the placement and removal of the encroachment, at GRTC's sole cost and expense. 3. GRTC, its grantees, assigns, or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus shelter in an amount not less than $2,000,000 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. 'the certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this Ordinance to the General Manager for GRTC at 1108 Campbell Avenue, S.E., Roanoke, Virginia, 24013. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by GRTC has been admitted to record, at the cost of GRTC in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in paragraph 3 above is on file in the Office of the City Clerk, or until the City requires the removal of such bus shelter, which may be done in the sole discretion of the City by sending written notice to GRTC to remove such bus shelter. In the event this Ordinance is not signed by GRTC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST. City Clerk. r`'r'n hoqlnv The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. GREATER ROANOKE TRANSIT COMPANY D /B /A VALLEY METRO By: Kevin Price, General Manager COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) 1, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this_ day of , 2018, by Kevin Price, General Manager of the Greater Roanoke Transit Company d/b /a Valley Metro. My Commission expires: Notary Public Registration eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Encroachment Request from Greater Roanoke Transit Company (GRTC) for a Bus Shelter in Right -of -Way located at the corner of 13'" Street and Patterson Avenue, S.W. Background The Greater Roanoke Transit Company (GRTC) has requested an encroachment permit for a bus shelter to service the Mountain View Neighborhood. Plans are to build a Shelter at the southwest corner of Patterson Avenue and 131' Street, S.W. The shelter will encroach approximately 10 feet in length and 6 feet in width into the City Right -of -Way in front of a vacant parcel owned by the West End Center, Inc. bearing Official Tax Map No. 1213407, as shown on the attached drawing. The Mountain View Neighborhood is a very walkable neighborhood with sidewalks and tree lined streets. The Neighborhood Association has identified the need for a Bus shelter for patrons taking advantage of Valley Metro's Bus Service. In 2017 the Mountain View Neighborhood Association applied for and was awarded a neighborhood development grant to install a bus shelter. The Mountain View Neighborhood currently has no bus shelters within its geographic borders. This shelter will enhance transit service to the West End Neighborhood residents, encourage a safer bus ride and increase ridership by providing comfort and protection from the elements, and creates a mobile neighborhood with an eye on visibility and growth. Recommended Action: Adopt the proposed Ordinance authorizing the encroachment of the new 10 ft. x 6 ft. Bus Shelter encroaching into the City Right -of -Way located at the southwest corner of Patterson Avenue and 13" Street, S.W.. All necessary documents required for this encroachment are to be approved as to form by the City Attorney. - - -- / --------------- - - -- Robert S. Cowell, Jr. City Manager Attachment: Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Rob Ledger, Acting Director of Economic Development Cassandra L. Turner, Economic Development Specialist S� W L.J Q 2 Q� t.� 5 �4 m 44S O w O in m O k � ti�N N L S m m •+ N o o W ¢ c c o l7 D A v � v v a L a � m C O my � W a o � v D a O k � ti�N STATEMENT OF CONFLICT OF INTEREST I, Michelle L. Dykstra, state that I have a personal interest in Agenda Item 7. a. 9 of the City Council Agenda for June 18, 2018, regarding an encroachment permit for Greater Roanoke Transit Company (GRTC) within the right -of -way at Patterson Avenue and 13 "' Street, S.W., to construct and maintain a bus shelter, because, as president of the local neighborhood association, I had made application for a grant that will provide funding for this bus shelter. Therefore, pursuant to Virginia Code Sections 2.2 -3110 A. 4 and 2.2 -3112 A. 1, 1 must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 18th day of June, 2018. `L �bh (Seal) Michelle L. Dykstra, Member of Council U /' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41169 - 061818, AN ORDINANCE amending and reordaining Section 11.6 -603, Enforcement, holds on certificates of occupancy, of Chapter 11.6, Stormwater Management, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 1 L6, Stormwater Management, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: See. 11.6 -603. - Enforcement, holds on certificates of occupancy. Certificates of occupancy (temporary or permanent) shall not be granted until the stormwater management features, including but not limited to, all storm drains, culverts, conveyances, and BMPs, have been installed according to the approved plans, inspected, as -built and accepted by the city, or the stormwater management features are substantially complete mid a performance guarantee consistent with the terms of Section,- FA -.,.o 11.6 -500 of the Code of the City of Roanoke (1979), as amended, is retained by the city. 2. This ordinance will become effective immediately upon adoption. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 0 Amend Sec 11 6 603...... md, c ATTEST: _t4�2'i rn'"t4� City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Amendment to Stormwater Management Code Background: On May 21, 2018, City Council approved an ordinance amending Section 11.6 -603 of the City Code. That ordinance contained a reference to City Code Section 11 .6- 806. The reference should have been to City Code Section 1 1.6 -800. Considerations: The code should be corrected to reference City Code Section 11.6-800 rather than Section 1 1.6 -806 of the City Code. Recommended Action: Approve the attached ordinance amending Sec. 11.6 -603. Enforcement holds on certificates of occupancy of the Code of the City of Roanoke (1979), as amended. Robert S. C ell, fir. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, and Development Ian D. Shaw, Planning Administrator George R. Nevergold, Development Review Coordinator /\ �\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41170 - 061818. AN ORDINANCE to appropriate funding from the Commonwealth and 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 Personal Services Benefits Materials & Supplies Personal Services Benefits Prof Other Prof Services Prof Food Services Travel Reimbursement Materials & Supplies Adult Ed Teacher Social Security Revenues Federal Grant Receipts Federal Grant Receipts Slate Grant Receipts 302 -000- 0000- 0000 -169M- 61310 - 41141 -9 -01 $ 8,000 302 - 000 - 0000 - 0000 - 169M - 61310 - 42204 - 9 - 01 500 302 - 000 - 0000 - 1000- 169M - 61310 - 46630 - 9 - 01 2,217 302 - 110 - 1101 - 1000 -137M- 61310 - 41129 -0 -01 29,500 302 - 110 -1101- 1000 -137M- 61310 - 42201 -0 -01 8,000 302 - 110 -1101- 1000 -137M- 61310 - 43313 -0 -01 42,000 302 - 110 - 1101- 1000 -137M- 61310 - 43314 -0 -01 3,000 302 - 110 - 1101 - 1000 -137M- 61310- 45551 -0 -01 5,000 302 - 110 -1101 - 1000 -137M- 61310 - 46613 -0 -01 43,351 302- 160-0000- 1305 - 353M - 61100 - 41121 -9-07 2,000 302 - 160 - 0000 - 1305 - 353M - 61100 - 42201 - 9 - 07 153 302 - 000 - 0000 - 0000 - 137M - 00000 - 38365 - 0 - 00 $ 130,851 302 - 000 - 0000 - 0000 - 169M - 00000 - 38365 - 0 - 00 10,717 302 - 000 - 0000 - 0000 -353M- 00000- 32240 -0 -00 2,153 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. June 18, 2018 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, June 12, 2018, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriation Award Title III, Part A, Limited English Proficient (LEP) 2017 -18 $130,851.21 Title III, Part A, Immigrant Children and Youth Award 2017 -18 $10,716.88 General Adult Education 2017 -18 $2,153.00 On behalf of the School Board, thank you for your consideration Sincerely, Cindy H. Poulton School Board Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w /details) Annette Lewis ROANOKE CITY PUBLIC SCHOOLS School Board Annette Lewis Chairman Mark K. Cathey Vice Chairman William 8. Hopkins, Jr. Elizabeth C. S. Jamison Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board .Wwxc"Arf p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Gti�p4:t� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its June 12, 2018 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2017 -18 Title III, Part A, Immigrant Children and Youth grant award of $10,717 provides additional financial assistance to Roanoke City Public Schools to enhance instructional opportunities for immigrant children and youth. This award will be reimbursed by Federal funds and will end September 30, 2019. This is a continuing program. The 2017 -18 Title III, Part A, Limited English Proficient grant award of $130,851 supports programs to improve the education of limited English proficient children and youth by helping them learn English and meet challenging state content and achievement standards. This award will be reimbursed by Federal funds and will end September 30, 2019. This is a continuing program. The 2017 -18 General Adult Education grant award of $2,153 provides general adult education courses for adults who did not complete high school by supplying instructors and related expenses. This award will be reimbursed by state funds and will end June 30, 2018. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget or" (5 t9 establish revenue estimates and to appropriate funding as outlined. Robert Y. Cowell, Jr. City Manager Distribution: Council Appointed Officers 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 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 C'hw eh Awnw, S. W., Room 456 Roannkq Virginia 24011 -1536 101,1 (540)X5] -2541 Ena: (5411)853-1145 ti IT:I'IIANII' AI. MOON It I!1'N(11.1)X, a1N(. I <nmil: de. "', rnn„ ilm'n.auv ('iry ('IerA Ilcpnly ('i1J ('Icrk June 22, 2018 Mrs. Janet Steger 1507 Palmer Drive Blacksburg, Virginia 24060 Dear Ms. Steger: (' 1:('E.LIA'1'. W EBB, ('M(' As.eW.Lilt UoPnI ) ('i ,, ('lei 1, I am enclosing an attested copy of Resolution No. 41171- 061818 memorializing the late Dr. Charles W. Steger, Jr., President Emeritus of Virginia Polytechnic Institute and State University, which measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 18, 2018. City Council adopted Resolution No. 41171 - 061818 as a means of recording its deepest regret and sorrow at the passing of Dr. Steger, extending to his family its sincerest condolences, and recognizing the indelible legacy he bestowed to Virginia Tech, the Roanoke Valley, the Commonwealth of Virginia, and his fellow citizens. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure #"-r I N I HE COUNCIL OF THE Cl YY OF ROANOKE. VIRGINIA The 18th day of June, 2018. No. 41171 - 061818. A RESOLUTION memorializing the late Charles W. Steger, Jr., President Emeritus of Virginia Polytechnic Institute and State University. WHEREAS, the members of Council learned with sorrow of the passing of Dr. Steger on Sunday, May 6, 2018; WHEREAS, Dr. Steger began his more than 50 year association with his beloved Virginia Tech as a freshman architecture student in 1965; WHEREAS, Dr. Steger earned three degrees from Virginia "tech and devoted nearly all of his more than 40 -year professional career at the University serving in various positions, culminating with a distinguished term as the 15ih president of Virginia Tech; WHEREAS, during his tenure as President of Virginia Tech from 2000 to 2014 Dr. Steger led the University through a transformative period of growth and development into one of the nation's leading research universities by expanding its research expenditures from $192 million to more than $450 million; WHEREAS, through Dr. Steger's leadership, commitment, and passion, , Virginia Tech expanded its enrollment from 28,000 students to 31,000 students, increased graduate enrollment by 12 percent, raised more than $1 billion in private funding, formed a school of biomedical engineering, created a public - private school of medicine, joined the Atlantic Coast Conference, and constructed the signature Moss Arts Center, the Virginia Tech Research Center — Arlington, and other facilities as part of the largest building development in the University's history: WHEREAS, Dr. Steger is regarded as one of Virginia Tech's most influential presidents in its 146 -year history, having led the institution amid drastic reductions in state funding for public higher education and the unimaginable tragedy of April 16, 2007; WHEREAS, Dr. Steger was an architect and engineer by training, selected as a Fellow of the American Institute of Architects and awarded the Noland Medal, the highest honor of its Virginia Chapter, and was also a great supporter of the arts establishing the Steger Poetry Prize at Virginia Tech; WHEREAS, Dr. Steger's leadership on community- focused boards reflected his love for causes that improved lives, including his service on the boards of Virginia Western Community College, the Focused Ultrasound Foundation, Randolph -Macon College, and Hollins University; WHEREAS, Dr. Steger was appointed by five Governors of Virginia to serve on essential public interest boards that addressed higher education, homeland security, infonnation technology, economic development, and international education; WHEREAS, Dr. Steger also committed his time, energy, and talents to several other organizations in leadership capacities including the Board of the National Institute of Building Sciences, Council of Presidents of the Southeastern Universities Research Association, the Economic Club of Washington, and the NCAA Bowl Championship Series Presidential Oversight Committee; WHEREAS, Dr. Steger served on the boards of other public and private organizations, including the board of the Jefferson Science Associates, which oversees the Jefferson National Lab, and the Senior Advisory Group of the Northern Virginia Technology Council Board of Directors; and WHEREAS, Dr. Steger was devoted to his family and to his University, which he called home for more than 50 years, and his love, commitment, and dedication to his community and education inspired him throughout his life. THEREFORE, BF. IT RESOLVED by the Council of the City of Roanoke as follows: City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Charles W. Steger, Jr., extending to his family its sincerest condolences, and recognizing the indelible legacy he bestowed to Virginia Tech, the Roanoke Valley, the Commonwealth of Virginia, and his fellow citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Steger's widow, Janet Steger of Blacksburg, Virginia. ATTEST: i City CI?rk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41172 - 061818. AN ORDINANCE amending and reordaining Section 11.5 -7. Stormwater utility fee credits, and Section 11.5 -10. Definitions, of Chapter 11.5, Stormwater Utility, 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 11.5 -7. Stormwater utility fee credits, and Section 11.5 -10. Definitions, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 11.5-7. - Stormwater utility fee credits. Sections 15.2 - 2114.13, 15.? 2114.1), and 15.2 -21 14.E, Code of Virginia, as amended, recognizes that a continued investment in an on -site stonnwater management facility or other best management practice results in a reduced impact on the public stonnwater management system or on the recen in, surface waters downstream of the parcel. The city manager is authorized to adopt policies, procedures, and manuals necessary to implement, administer, and enforce this section. (a) Credit eligibility. Only on -site stonnwater management facilities and other best management practices meeting the following criteria are eligible for a credit against the stonnwater utility fee: (1) The parcel owner must submit a credit application form provided by the city in accordance with subsection (c) below. (2) The parcel owner must maintain the structure and function of a stormwater management facility and operate the stormwater management facility. or implement and maintain any such other best management practice set forth in the credit application. (3) The parcel owner must have a properly executed maintenance agreement with the city that has been properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. (4) The parcel owner must demonstrate to the city's satisfaction that the facility or any such other best management practice is functioning as originally designed. The structure must be maintained to the satisfaction of the city manager in accordance with the properly executed maintenance agreement. (5) The facility or env other best management practice must have met the criteria in existence at the time of construction in at least one ( I ) of the following sections of the Regulations, or the predecessor sections of the City Code as noted, if applicable: (i) 9VAC25- 870 -96, Virginia Administrative Code, as amended, water quality; or the applicable predecessor section of City Code, including section 11.4 -16; or (it) Both 9VAC25- 870 -97, Virginia Administrative Code, as amended, stream channel erosion, and 9VAC25 - 870 -98, Virginia Administrative Code, as amended, Flooding; or both applicable predecessor sections of City Code related to strewn channel erosion and flooding, including section 11.4 -17 (stream channel erosion) and section 11.4 -18 (flooding). (6) Facilities or other best management practices that do not meet the minimum criteria in subsection (5) above may still be considered on a case -by -case basis at the discretion of the city manager if it is demonstrated that the facility or any other best management practice achieves a permanent reduction in post - development stonmwater flow and pollutant loading. The credit may be prorated based on an analysis of the benefits of the reduction. (7) The city manager shall have the discretion to modify one (I) or more of the credit eligibility requirements set forth in this section for residential and non - residential credit applications, including establishing the definition of residential properties and non - residential properties for purposes of resideinial credit applications. The definition of residential properties and non - residential pioperties entitled to submit re! idenual redit applications and any such other modifications shall be included in the policies, procedures, or manuals adopted by the city manager pursuant to this section 11.5 -7. (b) Credit amounts. (1) The maximum credit allowed is fifty (50) percent of the total annual stormwater utility fee, except as provided in subsection (6) below. (2) For an on -site s-tormwater management facility, the credit amount is based on the amount of impervious surface located on the parcel draining to the facility, and not the total amount of impervious surface cover on the parcel. (3) Credits for on -site stormwater management facilities or other best managemcq[ practices are as follows if the facility or any other best management practice was required under the provisions of Chapter 11.6, Stonnwater Management, of the City Code: (i) A ten (10) percent credit is allowed if the facility, rn-faeilitics or other best manaeement practices, provide water quality benefits in accordance with 9VAC25- 870 -96, Virginia Administrative Code, as amended. (it) A ten (10) percent credit is allowed if the facility, orfacilitics or other best manaeement - practices, provide both stream channel erosion control benefits in accordance with 9VAC25- 870 -97, Virginia Administrative Code, as amended, and flood control benefits in accordance with 9VAC25- 870 -98, Virginia Administrative Code, as amended. (4) At the city manager's discretion, a credit of up to five percent in addition to that provided in subsection (3) above may be granted for a facility or anYpther best manaeement practice that achieves benefits above those required by the City Code. (5) If an on -site storrnwater management facility is part of a voluntary retrofit, the amount of credit the facility is eligible to receive in accordance with subsections (3) and (4) above shall be doubled. (6) The owner of an eligible facility that heats off -site impervious surface located within the city may take a credit for treating the off -site impervious surface. The off -site credit amount shall be calculated in the same manner as if the facility was located on the off -site parcel. However, in no case shall the total credit exceed the total amount of the annual stormwater utility fee charged to the parcel owner. (7) On -site stream restoration credits arc available to non - residential parcels that contain non - ephemeral streams that haac been identified in (i) it city watershed Master plan; or (it) it city total maximum daily load Action plan. as being in need of restoration duc to existing erosion potential erosion water qualtt impairtnent_s, or other ecossucm health issues. The annual credit shall he based on an amount A.ual to the lesser of (x) 01e- seventhAli7) of the costs paid by the owner of the parcel upon completion and-accclionicc of the work in the proposed project, or (v) fifty percent (50'io) of the annual stonnwater utility fee determined before application of am- credit. Prior to receiving a credit under this subsection (7). the parcel owner shall .have executed and recorded a best mmancmcnt practices or facilities maintenance agrccntent. The city manager shall include additional criteria re turements and Procedures for implementing the credit set froth in this subsection (71. (c) Application and maintenance verification. (1) There is no fee for a credit application. (2) To apply for the initial credit for an on -site stormwater management facility or any other best manaeement practice, the parcel owner must submit, at his or her own expense, a credit application form to be provided by the city manager. The credit application form shall require the following information: (i) A description of the type of facility or any other best management practic , the stonnwater control standard met by the facility, and the year the facility was built or the other best management practice implemented; (ii) A drainage area map, drawn to scale, for the facility or other best management practice showing the drainage boundaries and the impervious area treated by the facility or other best management practice in square feet; (iii) As -built or other acceptable engineering plans for the facility or oilier best nlan LhenlCln jjYgchcc; (iv) A narrative of the known maintenance history of the facility_ or other best management practices, including routine maintenance and significant structural maintenance and repair; (v) A copy of the city's standard maintenance agreement that has been executed by the city and property recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. If there is no existing facility maintenance agreement, then one (l) must be completed and properly recorded; (vi) Information on any public funds used to construct, repair, upgrade, or retrofit the facility or other best management practice, including the amount and the date(s); (vii) Calculations to determine the monetary amount of the claimed credit; and (viii)A completed inspection checklist certifying that the facility or other best management practice is functioning as originally designed. "Functioning as originally designed" means that the facility or other best management practice is operating in accordance with the original design specifications, regardless of the standard in effect at the time of the installation. The checklist must be signed and sealed by a professional engineer. The inspection checklist shall be no more than one (l ) year old at the time of application. (3) Once approved, the parcel owner will continue to receive the credit as long as the facility or other best management practice continues to function as originally designed, and subject to reporting requirements established by the city manager. The city manager may revoke the credit if an inspection by the city manager or a designated representative determines that the facility or other best management practice is no longer being properly maintained or functioning as designed. Such revocation will be effective thirty (30) days after the city manager has notified the parcel owner in writing of the deficiency(s) and if the problems are not resolved. The revocation may be delayed for an additional period, at the discretion of the city manager, provided that the parcel owner is diligently pursuing work to eliminate deficiencies. (4) Any maintenance or functional deficiencies must be remedied at the owner's expense before a facility or other best management practice may qualify, or re- qualify (after revocation), for a credit. (5) The city manager shall have the discretion to modify the application and maintenance verification criteria and the credit application form for F- ,id,.ui I credit applications, including the definition of re idc denn u r °P,° properties qualified to submit residential--credit applications and any such other modifications shall be included in the policies, procedures, or manuals adopted by the city manager pursuant to this section 11.5 -7. (d) Public improvements to private facilities. A privately owned and operated facility or anv other best management practice that was constructed or upgraded using city provided funds shall be treated in the following manner: (1) Newl , constructed facility or am other be,vi manacrmrat practice. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the facility or any other best management practice was constructed using private funds equals or exceeds the city's investment. (2) Existing, non- (mctioning facility or am other best manaQ view practice upgraded to function properly. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the upgrade or retrofit was constructed using private funds equals or exceeds the city's investment. (3) Existing, fimctioning facility or am other best nm oa'Oneat practice upgraded and eligible for higher credit. The parcel owner shall be eligible for the original credit. At such time that the cumulative difference between the original credit and the higher credit equals or exceeds the city's investment, the parcel owner shall also be eligible for the higher credit. for purposes of this section J S -7(d) on]), a privately owned and operated tacihty or am other best management practice implemented by it parcel owner does not include parcels owned and managed by the city or a governmental entity, anencN, institution, or instrumentality. (c) Credit for industrial stormwater permits. Subject to the maximum credit in subsection (b)(1) above, a ten percent credit is allowed for any parcel, or portion of a parcel, that is subject to, and in compliance with, an individual or general Virginia pollutant discharge elimination system industrial stormwatcr permit issued in accordance with 9VAC25 -31- 120, Virginia Administrative Code, as amended. To apply for the initial credit, the parcel owner must provide the city manager with proof of permit coverage, the date of permit expiration, and a cover letter affirming that the parcel is in full compliance with the permit requirements. The credit will expire on permit expiration unless the parcel owner provides proof to the city manager that the permit has been renewed. (f) Affirmative duty and timing. It is the sole responsibility of the parcel owner to apply for a credit in accordance with policies, procedures, and manuals adopted by the city manager. A credit that is approved by January 1 of a given year thereafter will be applied in full to the upcoming billing cycle. Sec. 11.5 -10. -Definitions. Words and terms used in this chapter, and which are defined in section 11.6 -101 of the City Code and in 9VAC25- 870 -10, Virginia Administrative Code, as amended, shall have the meaning ascribed to such words and terms as set forth in section 11.6 -101 of the City Code, and in 9VAC25- 870 -10, Virginia Administrative Code, as amended, except as provided below, or the context clearly indicates otherwise. Where a definition in the Regulations differs from a definition set forth below or in section 11.6 -101 of the City Code, the definition set forth below or in section 11.6 -101 of the City Code shall supersede the definition in the Regulations. The following words and terms shall have the following meaning: to lies[ ,tlanacemew Pc(utkC means a technique, . measure or structural control that is used to manage the quantity and or improve the quality of stomiavater mnoff from a dcselopel site. A best rnanageincnt_practipc related to land - disturbing acti%�incs is also defined in Section 11.0-101 ofthe City Code. (ab) Billing unit means five hundred (500) square feet of impervious surface. (bc)Discharge means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked, or placed by any means. (ed)bnpenlous surface means any area improved, graded, and /or surfaced with impervious material or resulting in impervious conditions. An impervious material or condition is- present when the natural infiltration of water into the soil is significantly impeded or prevented. An impervious surface includes that portion of the land surface covered by an elevated structure, such as a bridge or deck, regardless of whether the land surface itself remains pervious or impervious. (dc) Improved parcel means any parcel regardless of zoning district, zoning classification, or land use that has two hundred fifty (250) or more square feet of impervious surface. (e) Inspection means an on -site review of a project's compliance with the permit, the city's stormwater management program, and any applicable design criteria, or an on -site review to obtain information or conduct surveys or investigations necessary in the enforcement of this chapter. (fp) Maintenance agreement or facility maintenance agreement means a legally recorded document that acts as a property deed restriction, and which provides for long -tern maintenance of stonnwater management practices. (gh)Owner or landowner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. (i) Regulations means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC25 -870 -10, et seq., as amended. ( +1) Strom sewer .vvstem or storm drainage system means all facilities, conveyances, structures, and other items located within the City of Roanoke and owned and /or operated by the City of Roanoke which arc designed or used for collecting, storing, or convoying stonnwater, including, but not limited to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, manmade channels, storm drains, outfalls, retention, detention, and infiltration basins, and other facilities. (tk) Unimproved parcel means any parcel regardless of zoning district, zoning classification, or land use that has less than two hundred fifty (250) square feet of impervious surface. :x* 2. This Ordinance shall be in full force and effect on and after July 1, 2018. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: / 1 City Clerk. �V �roQ&' °~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Amendments to Stormwater Utility Fee Ordinance Background Section 11.5 -7, Code of the City of Roanoke (1979), as amended, establishes the process under which the City provides credits against the stormwater utility fee for property owners who maintain on -site stormwater management facilities. Pursuant to Section 15.2 -2114 D, Code of Virginia (1.950), as amended, localities are required to create a system of credits against stormwater utility charges for "any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings or other such facility, system, or practice whereby stormwater runoff produced by the property is retained and treated on- site." In reviewing the City's system of credits with respect to projects that contemplate on -site improvements to existing systems or with respect to implementation of any other best management practices that may not constitute a stormwater management facility, City administration recommends that Council consider amendments to Section 11.5 -10 of City Code to define Best Management Practice. Further, City administration recommends that Council consider amendments to Section 11.5 -7 of City Code to allow the City Manager, on a case -by -case basis, to consider granting certain credits for projects like on -site stream restoration projects and /or any other Best Management Practices. Pursuant to Section 1 5.2 -2114 B of State Code, City Council must hold a public hearing before considering the adoption of amendments to the Stormwater Utility Ordinance following advertisement of the public hearing in a newspaper of general circulation once a week for two consecutive weeks. On May 7, 2018, City Council authorized a public hearing for June 18, 2018, at 7:00 p.m., or as soon as the matter may be reached, or at such later date and time as the City Manager may determine. Notice of the public hearing to be held on Monday, June 18, 2018, at 7:00 p.m. at City Council Chamber was advertised in The Roanoke Times on Monday, June 4, 2018, and Monday, June 11, 2018. Recommended Action: Open the public hearing to receive comments regarding the proposed amendments to the City's Stormwater Utility Ordinance as described in this Report. Following receipt of comments from the public hearing and, after consideration of the comments received from the public, adopt the ordinance, to amend Sections 11.5 -7 and 11.5 -10, Code of the City of Roanoke (1979), as amended, to implement the recommended amendments to the City's Stormwater Utility code, with an effective date of July 1, 2018. l Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman S. Stovall, Assistant City Manager for Operations Robert Bengtson, Director of Public Works Amelia C. Merchant, Director of Finance Dwayne D'Ardenne, Manager, Stormwater Utility Division Laura M. Carini, Assistant City Attorney The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - STORMWATER DIVISION Ann Dwayne DAScrrd STEPHANIE M. MOON REYNOLDS, MMC CITY CLERK ROOM 456, NOEL G TAYLOR MUNICIPAL BUILDING 215 CHURCH AVENUE, S.W. Account Number 6026342 Date June 11, 2018 Date Category Description Ad Size Total Cost 0611712018 Legal Notices NOTICE OF PUBLIC HEARING The Council of the City of R 1 x 66 L 6]1.92 NOTICE OF PUBLIC NEARING saono ed —d . mc< °9 coe° tra City at li 'a III re<i yts�� i W', "�,,;;kl th_ m, so.... -at,, �'nrty All o ... r .... t�d 1i , cuu- (Sao)me � cl` 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: )VOI 06 1112018 The First insertion being given ... 06/0412018 Newspaper reference: 0000763842 011ti Bil;iln4 Representative Sworn to and subscribed before me this Monday, June 11, 2018 State of Virginia City /County of Roanoke My Commission expires V _ 18 UN -13Im 4:16 THIS IS NOT A Bit 1 PI FASF PAY FROM INVOICF TNAIIJW Vii P. td`, Ffv F'O r ' PUoL:C A, ; LEG. {.'332564 MY COMM SSi0N �J v NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, June 18, 2018, 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 a proposed ordinance amending Section 11.5 -7, Stormwater utility fee credits, and Section 11.5-10, Definitions, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended. The proposed amendments to the Stormwater utility code would establish the process under which the City would provide credits against the stormwater fee for property owners who maintain on -site storntwater management facilities and add a definition for "Best management practice ". A copy of the proposed ordinance, which would amend Section 11.5 -7, Stormwater utilitv fee credits, and Section 11.5 -10, Definitions, of Chapter 1 L_5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended, is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A copy of the above ordinance as well as other information on the Stormwater utility may be viewed at the City's website at www.roanokeva.uov (see the link on the left side for stormwater utility information). 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 the Thursday before the date of the hearing listed above. GIVEN under my hand this 4th day of June 2018. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish twice in The Roanoke'Pimes, Legal Notices, once on Monday, June 4, 2018, and once on Monday, June 11, 2018. Send Certification/Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke. VA 24011 Phone: (540) 853-2541 Send Invoice to: Dwayne D'Ardenne Stormwater Utility Manager City of Roanoke— Department of Public Works 1802 Courtland Road, N.E. Roanoke, VA 24012 Phone: (540) 853-1756 (A� IN THE COUNCIL. OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41173 - 061818. AN ORDINANCE amending and reordaining Section 36.2 -205, Dimensional regulations; Section 36.2 -311. Use table for residential districts; Section 36.2 -315, Use table for multiple purpose districts; Section 36.2 -316, Dimensional regulations for multiple purpose districts; Section 36.2 -322, Use table for industrial districts; Section 36.2 -327, Use table for planned unit development districts; Section 36.2 -333, Floodolain Overlay District (F); Section 36.2 -402, Accessory apartments; Section 36.2 -405, Bed and breakfast and homestay establishments; Section 36.2 -477, Gasoline stations; Section 36.2 -423, Outdoor storage; Section 36.2 -424, Parking of motor vehicles in residential districts; Section 36.2 -432, Wireless telecommunications facilities and broadcasting towers; Section 36.2 -433, Workshops; Section 36.2 -552, Basic development plans; Section 36.2 -622, Exempt lighting; Section 36.2 -623, Definitions; Section 36.2 -642, General landscaping and screening standards:. Section 36.2 -647, Buffering and screening; Section 36.2 -661, Applicability; Section 36.2 -662, Definitions; Section 36.2 -663, Prohibited signs; Section 36.2 -667, Calculation of sign area and number of on- premises signs; Section 36.2 -669, Changeable copy signs and electronic readerboard signs; and Appendix A, Definitions; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purposes of amending and reordaining the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens and consistent with state law; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 2017 Zan iii e Amendnrents 5 .23. 18 . doe I . Chapter 36.2, Zonin , of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 36.2 -205. Dimensional regulations. * * * (f) Front yards. (3) In the residential districts, the maximum front yard requirements shall apply only to new principal structures. At least sixty -(6o)fi tly fn percent of the street facing building facade shall abut the line of the maximum front yard depth or shall lie between the lines of the minimum and maximum front yard depths. Q) Height. (2) Exemptions: (A) In all zoning districts, except for properties in the Airport Navigation Overlay District (AN), the maximum height regulations set forth in Article 3 shall not apply to any of the following parts or appurtenances of a building not intended for human occupancy: * * * (ii) Elevator penthouses, towers, solar enera:y systems, and mechanical or electrical equipment except satellite dishes, located on a roof provided that such features shall be erected only to the height necessary to accomplish the purpose they are intended to serve and the total area covered by such features shall not exceed twenty (20) percent of the horizontal area of the roof on which they are located: and * * * 2 2111 ) 1—i1_. Am, Oiiianb 1'! 1 Y do, Sec. 36.2-311. Use table for residential districts. Supplemental District RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMF Regulation Section Residential Uses Dwelling, single - family P P P P attached Dwelling, single - family p p p p P P P detached Dwelling, two - family 5 P Dwelling, multifamily P P Dwelling, townhouse or p S P P 36.2 -431 rowhouse Dwelling, manufactured home p Dwelling, mobile home P 36.2 -417 Accommodations and Group Living Uses Bed and breakfast P S 5 5 5 5 S 36.2 -405 Boarding house 5 Group care facility, congregate home, S S elderly Group care facility, congregate home, not S S otherwise listed Group care facility, group care home S 5 3 �nl' )nning 4ioanJmani.��l ISJuc Group care facility, halfway house S S Group care facility, nursing home 5 Group care facility, transitional living facility Group home P P P P P P P Commercial Uses Day care home, adult 5 S S S S S S S Day care home, child P P P P P P P P Family day home S 5 S 5 S S S S Fire, police, or S S S S S 5 5 emergency services Utility Uses and Structures Utility distribution or collection, basic P P P P P P P P Utility distribution or collection, transitional 5 S S 5 5 S 5 5 Wireless P P P P P P P P telecommunications facility, small cell on existing structure Wireless telecommunications facility, not otherwise S S S S S S S 5 listed Wireless telecommunications P P P P P P P P facility, stealth 36.2 -432 36.2 -432 36.2 -432 4 Animal and Agricultural Uses Agricultural operations P S S S S S S S Animal shelter P Botanical garden or P arboretum Community garden P P P P P P P P 36.2 -407.1 Composting facility 5 Nursery or greenhouse, P commercial Pet grooming P Kennel, no outdoor pens P orruns Kennel, with outdoor S pens or runs Stable, commercial P 36.2 -425 Wildlife rescue shelter P or refuge area Accessory Uses Accessory uses, not otherwise listed in this P P P P P P P P 36.2 -403 table Accessory apartment 5 S S S S S P 36.2 -402 Home occupation, excluding personal P P P P P P P P 36.2 -413 service Home occupation, P P P P P P P P 36.2 -413 5 personal service Homestay S S S S 5 S S S 36.2 -405 Outdoor storage P 36.2 -423 Stable, private P P 36.2 -403 Temporary health care P P P P P P P P 36.2 -403 structure Wind turbine, commercial 5 36.2 -403 Wind turbine, small S 5 5 5 5 5 5 S 36.2 -403 "P" indicates a use permitted as of right. "5" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. r < + Sec. 36.2 -315. Use table for multiple purpose districts. Supplemental District M% CN CG CLS D IN ROS OF Regulation Section Residentiol Uses Dwelling, single - family attached P P Dwelling, single - family P detached Dwelling, two - family P 6 2 �z, „_. nI",I,dI,I.m,sn. i I,h Dwelling, multifamily P P P P Dwelling, townhouse or P P P P 36.2 -431 rowhouse Accommodations and Group Living Bed and breakfast S S 36.2 -405 Campground 5 5 5 5 Dormitory P Group care facility, congregate home, elderly S Group care facility, nursing home S Group home P P P P Hotel or motel 5 P P P P Short -term rental S P P P P P Commercial Uses: Office and Related Uses Blood bank or plasma center P P Business service establishment, not otherwise listed S P P P P P Employment or temporary labor service P Financial institution P P P P P Laboratory, dental, medical, or optical P P P P P Laboratory, testing and research P P P P 7 Medical clinic P P P P P P Office, general or professional P P P P P P Office, general or professional, P P P P P P large scale Outpatient mental health and S substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or runs P P P P P Animal hospital or veterinary clinic, outdoor pens or runs S S S 5 5 Caterer, commercial P P P P Community market P P P P P P P Drive - through facility 5 P P S 36.2 -409 Drive - through kiosk 5 P P S 36.2 -409 Flea market, indoor P P P Flea market, outdoor S S Funeral home P P P Kennel, no outdoor pens or P P P runs Kennel, outdoor pens or runs 5 S S Live -work unit P P P P P P 36.2 -416 Mixed -use building P P P P P P 36.2 -416 Outdoor advertising sign P P 36.2 -675 8 �n li L�niu� s�nwd�na�iag.IN Jo: Studio /multimedia production P P P P P facility Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail P P P P P Body piercing establishment P P P P P Building supplies and materials, retail P P P Car wash, not abutting a residential district P P 36.2 -406 Car wash, abutting a residential district S S 36.2 -406 Contractor or tradesman's S P P S P shop, general or special trade Dry cleaning and laundry pick- P P P P P up station Dry cleaning plant or commercial laundry P Gasoline station S P P S 36.2 -411 General service establishment, P P P P p not otherwise listed Internat sales establishment P P P P P Janitorial services establishment P P Laundromat p P P P P Manufactured or mobile home sales P 9 Motor vehicle rental establishment, without P P P P inventory on -site Motor vehicle rental establishment, with inventory P P 5 on -site Motor vehicle repair or service establishment P P 5 S 36.2 -419 Motor vehicle sales and service establishment, new P P 36.2 -420 Motorvehicle sales and service establishment, used P P 36.2 -421 Nursery or greenhouse, commercial P P 5 Personal service establishment, not otherwise listed in this P P P P P P table Pet grooming P P P P P Retail sales establishment, not otherwise listed P P P P P Storage building sales 5 P Tattoo parlor P P P P P Industrial Uses Bakery, confectionary, or similar food production, P wholesale Commercial printing P P establishment Electrical component assembly, P 10 '01 Lon Am.ndmaim c» ]x do. wholesale distribution Fueling station, commercial or P P wholesale Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing Manufacturing: General, not otherwise listed in this table Manufacturing: Steel or metal production, fabrication, or processing Motor vehicle or trailer S S painting and body repair Workshop S P P P Warehousing and Distribution Uses Distribution center, not otherwise listed Self- storage building S S Warehouse Assembly and Entertainment Uses Adult uses S Amphitheater Amusement, commercial, indoor Amusement, commercial, outdoor '017 L'I , 1 .ise P S S 36.2 -418 P 36.2 -433 S P P 36.2 -404 P P S P P P P P P S S 36.2 -418 P 36.2 -433 S P P 36.2 -404 P Botanical garden orarboretum P P P Club, lodge, civic, or social F P F V P F P organization Community center P P P P P P P P Eating establishment S P P P P P Eating and drinking establishment, not abutting a 5 P P P P P residential district Eating and drinking establishment, abutting a S S S S S S residential district Entertainment establishment, abutting a residential district S S S S S Entertainment establishment, not abutting a residential S P P P P district Exhibition, convention, or conference center F F Gaming establishment S S Golf course P Health and fitness center P P P P P G Meeting hall, abutting a residential district S - S S 5 5 P P S Meeting hall, not abutting a residential district S P P P P P V P Microbrewery or microdistillery not abutting a residential P 7 P P P district 12 '0 R Ion- IAni.-p.Im,",? ,} IS J.., Microbrewery or microdistillery S S 5 5 5 abutting a residential district Park or playground P P P P P P P P Place of worship P P P P P P Recreation, indoor P P P P P Recreation, outdoor P P P P Sports stadium, arena, or P coliseum Theater, movie or performing P arts P P P P Zoo P Public, Institutional, and Community Facilities Aquarium or planetarium P Artist studio P P P P P P Cemetery P Community food operation P Community garden P P P P P P P P 36.2 -407.1 Day care center, adult P P P P P P P Day care center, child 5 P P P P P P 36.2 -408 Day care home, adult 5 S 5 5 Day care home, Child P P P P Educational facilities, business school or nonindustrial trade 5 P P P P P P school 13 'nl / /�•m rc! dnn�nJnmiu. s'11R ��. Educational facilities, college /university P P P Educational facilities, P P 5 P P P elementary /middle /secondary P P P P P Educational facilities, industrial trade school P P Educational facilities, school for the arts S P P P P P Fire, police, or emergency P P P P P P services Government offices or other government facility, not P P P P P P otherwise listed Hospital P Library P P P P P P Museum P P P P P P Post office P P P P P Supply pantry P P P P P Training facility for police, fire, P 5 or emergency services Transportation Uses Bus passenger terminal or P S station Limousine service P P Parking lot facility S P S Parking, off -site P P P P P P P P P P 36.2 -652 14 yJnn „ „k, m „��ain.•m >,z ixd... P S P P 5 P P P 36.2 -652 14 yJnn „ „k, m „��ain.•m >,z ixd... Parking structure facility P 5 36.2 -426 Railroad passenger terminal or P station Utility Uses Broadcasting studio or station P P P P P Broadcasting tower S 5 S 36.2 -432 Utility distribution or P P P P P P P P collection, basic Utility distribution or 5 S S S S S S 5 collection, transitional Wireless telecommunications facility, small cell on existing P P P P P P P P 36.2 -432 structure Wireless telecommunications P P P P P P P P 36.2 -432 facility, stealth Wireless telecommunications 5 S S 5 S S 5 S 36.2 -432 facility not otherwise listed R R R R R R R R �b:z432 �" f�Vh Elt Agricultural Uses Agricultural operations S S S 5 S S S S Stable, commercial P 36.2 -428 Wildlife rescue shelter or P refuge area Accessory Uses Accessory uses, not otherwise P P P P P P P P 36.2 -403 15 listed in this Table Accessory apartment S 36.2 -402 Home occupation, excluding P p P p personal service P 36.2 -413 Home occupation, personal P P P P P 36.2 -413 service Homestay S P P P P P 36.2 -405 Outdoor display area P p P P P 36.2 -422 Outdoor recreation facility lighting or sports stadium S S S 5 5 5 36.2 -403 lighting Outdoor storage 5 S P S 36.2 -423 Recycling collection point S P P 36.2 -403 Resident manager apartment P 36.2 -403 Temporary health care structure Wind turbine, commercial S S S 5 S 36.2 -403 Wind turbine, small 5 5 S 5 S S 5 S 36.2 -403 " P' indicates a use permitted as of right. "5" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in multiple purpose districts. Sec. 36.2 -316. Dimensional regulations for multiple purpose districts. MX CN CG QS D IN ROS OF 16 Minimum lot area per 2,500 3-,380 None None None None None None residential unit 1 000 (square feet) Lot Minimum 5,000 5,000 10,000 43,560 None None None None area (squa Maximu re None 87,120 130,680 None None 217,800 None 130,680 feet) m Lot Minimum 50 None 100 150 None 100 None None front age Maximu (feet) m None 200 None None None None None 200 Minimum 10 0 0 0 0 20 10 0 Front yard (feet) Maximu 30 10 30 None 10 40 None 10 m Section 36.2 -313 Front yard requirements Yes No No No No No No No for infill development applies Section 36.2 -317 Civic space yard No Yes No No Yes Yes No Yes option applies Side yard (feet) 5 0 0 0 0 0 10 0 Rear yard (feet) 15 0 0 0 0 0 10 0 Accessory structure minimum 0 0 0 0 0 0 0 0 setback from rear and side lot lines (feet) 17 /,,n i, ain ndncn, ,,.1 <eI IA ill` /urine Ainaidind nl.> '3 LY Juc I foot for 1 each foot foot for of 1foot each setba for each foot ck Property foot of of from abutting setback setba a 45 45 45 from ck 40 60 abutt residenti any from Heig al district abutting any ing ht resid resident abutt maxi iallot ing ential mum resid lot' (feet) not ential to lot exce ed 60 feet Property not abutting 45 45 None None None 40 60 60 a residenti al district Floor area ratio 1.0 5.0 5.0 5.0 15.0 None None None maximum Impervious surface area maximum 70 100 85 80 100 80 80 100 (percentage of lot area) Minimum parking Yes No Yes Yes No Yes No No requirement applies Section 36.2 -318 Pedestrian Yes Yes Yes Yes Yes Yes No Yes access IA ill` /urine Ainaidind nl.> '3 LY Juc requirement applies Maximum building footprint None 15,000 None None None None None None (square feet) Secti Ground 15 50* 50 None 50* 15 None 15 on floor 36.2- 319 Buildi ng place ment and fa Gad e trans pare ncy stand Upper 15 20 20 None 20 15 None 15 ards floors (mini mum trans pare ncy, perce nt of fa {ad e area) Minimum tree canopy (percentage of 10 0 10 10 0 10 20 0 lot area) * Except townhouses and multifamily dwellings, minimum facade transparency for these uses is 20 percent. Where a maximum lot frontage is specified, the maximum shall apply only to a primary street frontage as determined by application of section 36.2- 319(b). 19 _'ill / Ain in.. AininJmm�ts S.'iJ 3.dn: A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. + • s Sec. 36.2 -322. Use table for industrial districts. Supplemental District 1 -1 1 -2 AD Regulation Section Accommodations and Group Living Uses Hotel or motel r: Commercial Uses: Office and Related Uses Business service establishment, not otherwise listed P Employment or temporary labor service P Financial institution P P Laboratory, dental, medical, or optical P P P Laboratory, testing and research P P P Office, general or professional P Office, general or professional, large scale p P Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or P runs 20 �nl� /n•n a=im ndni — iJH Jo, Animal hospital or veterinary clinic, with outdoor pens S orruns Caterer, commercial P Drive - through facility P 36.2 -409 Kennel, no outdoor pens or runs P Kennel, outdoor pens or runs S Outdoor advertising sign P P 36.2 -675 Pet crematorium P Studio /multimedia production facility P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail P Building supplies and materials, retail P P Car wash, not abutting a residential district P 36.2 -406 Car wash, abutting a residential district S 36.2 -406 Commercial motor vehicle rental establishment P Commercial motor vehicle sales and service establishment, new P 36.2 -407 Commercial motor vehicle sales and service establishment, used p 36.2 -407 Contractor or tradesman's shop, general or special trade P P Dry cleaning and laundry pickup station P Dry cleaning plant or commercial laundry P 21 `ill1 Alain, dii - & cut. IMJ,n Gasoline station P Bakery, confectionary, or similar food production, General service establishment, not otherwise listed P P P Internet sales establishment P P P Janitorial services establishment P P P P Lumberyard P P Manufactured or mobile home sales P Motor vehicle rental establishment, without inventory P P on -site Motor vehicle rental establishment, with inventory on- P P site Motor vehicle repair or service establishment P P Nursery or greenhouse, commercial P Recreational vehicle or boat sales P Retail sales establishment, not otherwise listed P P Storage building sales P Industrial Uses Asphalt or concrete plant 5 Bakery, confectionary, or similar food production, wholesale P P Biosolids field S Building supplies and materials, wholesale P P P Commercial printing establishment P P P Composting facility 5 36.2 -411 36.2 -419 22 Contractor's shop, heavy construction P P Dairy products, processing, bottling, and wholesale P P distribution Electrical component assembly, wholesale distribution P P P Fuel oil distribution S P Fueling station, commercial or wholesale P P Junkyard S S 36.2 -414 Manufacturing: Beverage or food processing, excluding P P poultry and animal slaughtering and dressing Manufacturing: Chemical, refining or processing, including the manufacture, refining or processing of ammonia, bleach, bluing, calcimine, chlorine, corrosive S acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast Manufacturing: Chemical, refining or processing, not P P otherwise listed in this table Manufacturing: General, not otherwise listed in this t P P P able Manufacturing: Steel or metal production, fabrication, S P P or processing Manufacturing: Wood products P Meat packing and poultry processing S Milling or feed and flour mills S S Motor vehicle or trailer painting and body repair S P 36.2-418 Outdoor storage lot S S S 23 2, 1 /oinnL lmCUdi,,n, S.! 1. 4 d- Quarry S Recycling center S S 36.2 -414 Tire recapping S Towing service P P 36.2 -430 Welding or machine shop P P Workshop P P P Wrecker yard S S 36.2 -414 Warehousing and Distribution Uses Distribution center, not otherwise listed P P P Self- storage building P P P Self- storage facility P P P Storage of commercial motor vehicles P P Storage of motor vehicles for rental (no on -site rental or leasing facility) P P Tank farm, petroleum bulk station and terminal, or other aboveground storage of flammable liquids S Warehouse P P P Assembly and Entertainment Uses Amphitheatre P P Amusement, commercial, outdoor P Eating establishment p P Eating and drinking establishment, abutting a residential district P P P 24 2 n 1 ] 1.,i6m! Aincnd III cno ?._l. Y da. Eating and drinking establishment, not abutting a P P residential district Entertainment establishment, abutting a residential district P P Entertainment establishment, not abutting a residential district P P Go -cart track 5 Health and fitness center P P P Microbrewery or microdistillery P P P Paintball facility, outdoor S Park or playground P P P Recreation, indoor P Recreation, outdoor P P P Theater, movie or performing arts P P P Public, Institutional, and Community Uses Artist studio P Community garden P P P 36.2 -407.1 Educational facilities, business school or nonindustrial trade school P P Educational facilities, industrial trade school P P Educational facilities school for the arts P P P Fire, police, or emergency services P P Government offices or other government facility, not otherwise listed P P 25 'OF /nnln -, Aman.LnJn L. S] L 11 Joe Military reserve or National Guard center P P Post office P P Supply pantry P Training facility for police, fire, or emergency services P P Transportation Uses Airport or airport - related commercial and personal P service uses Bus maintenance, including repair and storage P P Limousine service P P P Motor freight terminal or truck terminal P P P Parking lot facility P Parking, off-site P P P Railroad freight yard, repair shop, and marshalling yard P Taxicab business P P P Utility Uses Broadcasting studio or station P Broadcasting tower S 5 Hazardous materials facility 5 Utility distribution or collection, basic P P P Utility distribution or collection, transitional P P 5 Utility generation or treatment P Utility maintenance and service facility P P 36.2 -652 36.2 -432 26 Wireless telecommunications faci l itv small tenon existing structure Wireless telecommunications facility, stealth Wireless telecommunications facility, not otherwise listed ��e ,... t.. I ,...,.... .. � o-.. � o-. �Y —teadh Agricultural Uses Agricultural operations Animal shelter Accessory Uses Accessory uses, not otherwise listed in this Table Outdoor recreation facility lighting or sports stadium lighting Outdoor storage Portable storage container Recycling collection point Resident manager apartment Temporary health care structure P P P 36.2 -432 P P P 36.2 -432 S P S 36.2 -432 P P P �) -403 P P P P P -403 P P P 36.2 -403 S S S 36.2 -403 P P P 36.2 -423 P P 36.2 -403 P 36.2 -403 P P 36.2 -403 Wind turbine, commercial P P 36.2 -403 Wind turbine, small P P P 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. 27 `n ]luuiuc• A m¢nb 3?t I. d... See. 36.2 -327. Use table for planned unit development districts. Supplemental MXPUD INPUD IPUD Regulation Section Residential Uses Dwelling, single - family attached P Dwelling, single - family detached P Dwelling, two - family P Dwelling, multifamily P p Dwelling, townhouse or rowhouse P Accommodations and Group Living Bed and breakfast P P Campground P P Dormitory P Group care facility, congregate home, P P elderly Group care facility, congregate home, not P otherwise listed Group care facility, group care home P Group care facility, halfway house P Group care facility, nursing home P P Group care facility, transitional living facility P 36.2 -431 36.2 -405 28 4mmdmo,C S? i.l Id", Group home P P Hotel or motel P P Commercial Uses: Office and Related Uses Blood bank or plasma center P Business service establishment, not P P otherwise listed P Financial institution P P P Laboratory, dental, medical, or optical P P P Laboratory, testing and research P P Medical clinic P P Office, general or professional P P P Office, general or professional, large scale P P P Outpatient mental health and substance 5 abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no P outdoor pens or runs Animal hospital or veterinary clinic, outdoor P pens orruns Caterer, commercial P Community market P Drive - through facility P P P 36.2 -409 Drive - through kiosk P 36.2 -409 29 Live -work unit P P 36.2 -416 Mixed -use building P P 36.2 -416 Studio /multimedia production facility P P P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food P P P production, retail Building supplies and materials, retail P P P Contractor or tradesman's shop, general or special trade P P P Dry cleaning and laundry pick -up station P P P Dry cleaning plant or commercial laundry P General service establishment, not P P P otherwise listed Laundromat P P Lumberyard P Motor vehicle rental establishment, without P inventory on -site Motor vehicle rental establishment, with P inventory on -site Nursery or greenhouse, commercial P Personal service establishment, not otherwise listed in this table P P Pet grooming P P Retail sales establishment, not otherwise listed P P P 30 Industrial Uses Bakery, confectionary, or similar food P production, wholesale Building supplies and materials, wholesale P Commercial printing establishment P Contractor's shop, heavy construction P Dairy products, processing, bottling, and P wholesale distribution Electrical component assembly, wholesale P distribution Fuel oil distribution P Fueling station, commercial or wholesale P Manufacturing: Beverage or food processing, excluding poultry and animal P slaughtering and dressing Manufacturing: Chemical, refining or P processing, not otherwise listed in this table Manufacturing: General, not otherwise P listed in this table Manufacturing: Steel or metal production, p fabrication, or processing Milling or feed and flour mills P Welding or machine shop P Warehousing and Distribution Uses Distribution center, not otherwise listed P 31 'ni n,�a�,r s��„�u��.•�,,. ,.ru. 1\ do, Self storage building Warehouse F& Assembly and Entertainment Uses Amphitheater P P Amusement, commercial, indoor P Botanical garden or arboretum P P Club, lodge, civic, or social organization P P Community center P P Eating establishment P P 0 P Eating and drinking establishment, not P P P abutting a residential district Eating and drinking establishment, abutting P P P a residential district Entertainment establishment, abutting a P P P residential district Entertainment establishment, not abutting a P P P residential district Golf course P Health and fitness center P P Meeting hall P P Park or playground P P Place of worship P P Recreation, outdoor P P 32 Sports stadium, arena, or coliseum P Public, Institutional, and Community Uses Aquarium or planetarium P Artist studio P P P Community food operation P Community garden P P P 36.2 -407.1 Day care center, adult P P Day care center, child P P 36.2 -408 Day care home, child P P Educational facilities, business school or P P P nonindustrial trade school Educational facilities, college /university P Educational facilities, P elementary/middle /secondary Educational facilities, industrial trade school P Educational facilities, school for the arts P P Fire, police, or emergency services P Government offices or other government facility, not otherwise listed P P Hospital P Library P P Military reserve or National Guard center P P Museum P P 33 _ - m, mm. s,3 Post office P P Supply pantry P Training facility for police, fire, or emergency P P services Transportation Uses Bus maintenance, including repair and P storage Motor freight terminal or truck terminal P Parking, off site P P P 36.2 -652 Taxicab business P Utility Uses Broadcasting studio or station P P Broadcasting tower S 5 36.2 -432 Hazardous materials facility S S Utility distribution or collection, basic P P P Utility distribution or collection, transitional S P P Utility maintenance and service facility P Wireless telecommunications facility, small cell on existing structure p p P 36.2 -432 Wireless telecommunications facility, stealth P P P 36.2 -432 Wireless telecommunications facility. not P P P 36.2 -432 otherwise listed "I reles5 s facil ty, stealth R P P 36.2 42 34 !I) /oi LLAm.pJlOUlb].Zi l %duc Agricultural Uses Agricultural operations P P P P P Accessory Uses Accessory uses, not otherwise listed in this P P P P P 3 36.2 -403 Table 35 Sec. 36.2 -333. Floodplain Overlay District (F). * * * (b) Definitions. Certain terms and words used in this section shall be defined as set forth below. Where any conflict exists between the definitions below and those set forth in Appendix A, the definitions of this subsection shall govern for the purposes of the regulations of this section. * * * llahimble .snare: A space in a buildine used or capable of beine used Im Iiying,. sleeping. rating or cook inc,, or used. or capable of be in,_, used. as a home occupation. Bathrooms toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces, (c) Administration. * * * (2) Ditties and Responsibilities of the Zoning Administrator. The duties and responsibilities of the Zoning Administrator shall include but are not limited to: * * * Submit to FEMA, or require applicants to submit to FEMA, lectured data and information necessary to maintain FIRMS i+xluditig byda4ogw- mid - hydratdic- sc, prepared by or hu,- the Fyty; v+iihin3 x f6l months after such data and ififinnamon beeones vailaWe it the analyses untie ' - Nalk,.;res outlinal in item (cp7)below., * * * (d) Establishment ofFloodplain Overlay District and flood zones. (2) Additional requirements in specific special flood hazard areas (A) Floodway. The floodway is the portion of an AE Zone that is delineated, for purposes of this section, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one (1) percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in Table 5 of the above - referenced FIS and shown on the accompanying FIRM. 36 '_h C L.miur Nnr n im nn £ ,,. nv ah, The following provisions shall apply within the floodway of an AE zone: (iii) Special exception uses in floodway. The following uses shall be pennitted in the floodway by special exception granted by the Board of Zoning Appeals provided such uses are permitted in the underlying base zoning district: (c) District Provisions. (7) After public notice and subject to appropriate conditions and safecuerds, the Board of Zoning Appeals may, as a special exception. permit the chan,e of a nonconforming use in the tloodwav to another use not permitted in the floudwayt provided the proposed use is pennittcd_in-the base zoning district and the proposed_ use as proposed to be conducted. shall be of a nature more in kcepinc with the character of the floodplain overlav district than the use from which the chance is proposed to be made. Failure to conduct the use in the manner appimcd by the Board shall be ,rounds for revocation of the special exception. jmrsuant to the procedures set forth in Section 30.2- 6Q(e),_ Where such a special exception has been revoked, the nonconforming statru of the use, individually or in combination. hall no longer exist and future use of thq struclurc or preriscs. indmdualy or in combination, shall thereafter conform to the regulationS of the floodplain overlav district + • r (3) Elevation and Construction Standards. In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with subsection (d)(2)C of this section, the following provisions shall apply: (B) Non - Residential Construction. 37 I'll ,Aol r�11mnJmoni.3_' }Jndo (ii) Non - residential buildings located in all A1-3Q AE, and AH zones may be flood - proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus twenty -four (24) inches of freeboard are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. Certain buildings_ and Structures including detached ;aragcs, small _pole barns storage sheds gazebos,. picnic . shelters. and similar Structures may be svet _flood proofed._ For am . dcaelopmcnt requiring a building permit. aA registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Zoning Administrator. (t) Existing Structures in Floodplain Areas. Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved, unless one (1) of the following exceptions is established before the change is made: (1) The Zoning Administrator has determined that: (D) No ncse stivarc fiiotaqk�c is being created or existing square footage aimerred for use as habitable space below the elevation of the base flood elevation plus two (2) feet of freeboard, and (9E) The change complies with this section and the Virginia Uniform Statewide Building Code. Sec. 36.2 -402. Accessory apartments. In order that the single- family character of the property be maintained and an accessory apartment remain subordinate to the principal single - family detached dwelling with which it is associated, such accessory apartments, where permitted by this chapter, shall be subject to the following standards: 38 2101 i n „,���., 1ni�iiaiii.�n, s. -�. i Id”, (c) An accessory building in which the accessory apartment is located shall not be separately metered for utilities from the principal single- family detached dwelling; and (if) llie ace ssory ap _ _ n Muill 1104 exceed `o '400) square feet ot- gross -flow area devo4ed ol tile seee., - esid°• .. (d) The floor area of the accessory apartment shall not exceed the lesser of eight hundred (800) square feet or eielm (SO) percent of the gross floor area of a principal residential use to which it is associated; and (c) Not }c ithstandine ds minimum lot area per dwclline unit specified in fable 36.2-312, Dimensional regulations for residential districts. an accessory apartment shall not be considcred as a dwcllmo unit_ fur numoscs of deIerminin L� In 1111111 II lot area pci.dwkCf imp unit. * * Sec. 36.2 -405. Bed and breakfast, and— homestay, and short -term rental establishments. (a) Applicability. The supplemental regulations set out in this section shall apply to bed and breakfast, homestay, and short-term rental establishments permitted by this chapter as of right or by special exception. (b) Standards, for bed and breakfast establishments in residential districts. (l) Such establishments shall be located - flo on a lot on which a single- family d'_,d dwelling is s tlu principal use althoU".h such establishments mav be located rsrthin other the principal structure or an accessory structure. or both. (2) No e,oeiiitu: ehange to - -+hr sirigle- family- deMeheI- dwe4lirg, Occupied fi . tile hed and lifealdiol shall "2- pernotte r�3uv'h ti,. tile Zoni A(111111115fiaku fog _ a.._.., . 's �,.;cl+tisterie value. ('hangcs made to the cv[crior of the building occupied by the bed and breakfast shall maintain the residential character of the building. (3) The owner of the single - family detached dwelling occupied by the bed and breakfast establishment shall reside in the dwelling. (4) No more than six (6) guest sleeping rooms shall be utilized for a bed and breakfast establishment and the number of guest occupants shall not exceed twelve (12). (5) Rooms shall be rented ody -on a daily or weekly basis. Stays shall not exceed fourteen (14) days. 39 (6) One (1) sign attached to the building shall be permitted. Such sign shall have a sign area not exceeding two (2) square feet and shall not be illuminated. (7) Only accessory uses or structures which are incidental and subordinate to a single- family detached dwelling shall be permitted in conjunction with a bed and breakfast establishment. —_ Standards_ titr bed Lind breakfast eslabllishments_. in the MS and CI, districts. (1) The owner or on -site manager shall reside on the premises. (21111c esteblishnlult may have up to ten_ (10) bedrooms used cxclusieely for rent including guest sleeping rooms in detached acre -slop structures _ A_Ilyine room dining room, or both shall be ]widcd. (3) ROOMS shall be rented oo it daily or weekly basis. Stays shall not exceed fourteen (14) days. (__ The establishment may include it meeting hall as an accessory use. (ed) Standards for homestav establishments. (1)__ Changes made to the exterior of the building occupied by the homestav shall maintain the residential character of the building. See. 36.2 -411. Gasoline stations. Id Anv gasoline station shall provide and maintain it landscaping . strip consisting of evergreen shrubs and deciduous trees as defined further in Section 36? -649 shall be placed alonu the sheet trontag of the lot or portion of the lot housing the gasoline station. The trees an—d shrubs shall meet the numntum planting sirc_as listed in Section 362 -041 1edStandards in the CGE and 1- f;. District. Any gasoline station located in the Commercial - General District (CG)�C(monereial Large Sint, District ((LS), or Light Industrial District (1 -1). shall be subject to the following standards: t eN ej gj een s h I ults and , .,i,] ,Feet fiz.,t, of the lot it portion of the lot housing a tlirre . g . NhmHimg �i,,e at listed tn Seefietn 3H:? -642 : 40 2g17 z,.i��L­idilicil1, s rr 1 e d- (dc) Standards in the CN and D Districts. Any gasoline station located in the Commercial- Neighborhood District (CN) or Downtown District (D), shall be subject to the following standards: * * Sec. 36.2 -423. Outdoor storage. Where permitted by this chapter, outdoor storage shall comply with the following requirements: * * * (d) Outdoor storage areas shall be situated on an improved surface as identified in Section 36.2- 654(b)(1) or on a ttravel or similar surface. The Zoning Administrator may rutuire a development plan including satisfactory specifications for a sub -base, and the size_ tamping and containment of gravel and documentation that dust will not be generated in an amount in excess of that which would be generated by a paved surface or permeable pavement system prior to approval. Outdoor storage areas associated with an agricultural operation in a Residential Agriculture. RA district, shall not be subject to the requirements of this Subsection. Sec. 36.2 -424. Parking of motor vehicles in residential districts. No tootof: Jude intend than In .a .' : ,plosive; o! otherv,ise - commercial motor vehicle or panel trmelF shall be parked or left standing in a residential district for more than two (2) hours at any time except for (a) School buses and emergency vehicles; Sec. 36.2 -432. Wireless telecommunications facilities and broadcasting towers. (a) Purpose. The purpose of this section is to promote the health, safety, and general welfare of the public by establishing standards for the location and construction of wireless telecommunications facilities and broadcasting towers. The provisions of this section are intended to: 4l JAI I ls.n 'J" * ** (77L__ Respxanl to flie policies embodied in th ,'I flecomanoneations Al of 1906 Winer as not to disei bool uto easniably between providers of fiai -,�nnafll; ecicoalens service or-to —P!of r or haNe tile 4r. .t at prohibiting pentnial wireless - ser- .iee,.r..�r'rt ':Respond to federal and state policies ret�ardit�wuity among service providers tor installation of various [)rocs of teICCOmmunleah0p facilities: (b) Applicability. (1) The regulations set forth in this section shall apply to all new and replacement wireless telecommunications facilities and broadcasting towers permitted by this chapter, including installutions on properly p) on pubhc right of svay. Exception: the installation, placement- maintenance_ or replacement of micro - wireless facilities_ that are suspended on cables or lines that arc strum: between existing utility poles in compliance . aith national safety codes shall be exempt tom a zoning permit "hick is othci 55 isc required b� Section 102-522. (3) Where permitted as of right by this ebapner —. ', , ,t.;.u+tiea+ients 4acih ies s tell -be sobjeet to the ou, of 16.2 «2... 3b 2 nvv d, _ . _ _ ct�eeilttq doe, not ou., lase tile height of tile esi! . l.,. it is eadonnifidgVd r._, than !en (40) fecet- A substantial _chance to a wireless telecommunications facility shall require a special exception unless located in a PUD or 1 -2 zoning district. L41_ A substantial change to a wireless facility in it I'l;D district shall ityu_rc ;uncndmcnl of the PCD dcvclommcnt plan. U) Fligible facility requests for exptmsion. maintenance pr Wuipnhpnt removal shall be subject to the provisions of Sections 36.2- .__ _ _. -._. ___ 432(d)(5) and 35?- 412dc). (6) Wireless teleCOmmpnlCan One facilities and broadcast lowers requiring a special exception or identification on a PCD development plan are subject to the provisions of Sections 36.2 - 432(d)(2)and 36.3- 432(c) General Standards. (4}7) The standards set forth in this section shall not apply to any antenna or tower that is less than seventy -five (75) feet in height and is owned and operated by a citizens band radio operator or 43 'id h1un nuwn, hit, it, 511 IS de. federally licensed amateur radio operator or is used exclusively for receive only antennas. (c) Definitions. The words, terms, and phrases used in this section shall be defined as set forth in this subsection. For the purposes of this section, to the extent of any inconsistency between the definitions set forth below and the definitions in Appendix A, the definitions provided in this subsection shall control. de efina. dish: A parabolic, spherical, or elliptical antenna intended to receive+ He'fess cen+muniealiens. * * * - 11tkYHk(- +ffHf' - R� {ifl"eF }tH}ii {- zrtneiini designed T.c+ -iral ffltt or receive signals in a directional pattern that is less than three Iwtxksixi -y{j ;egr eus and k no! zr lkeeh-r maed or di, h anoenn it. * * . ,aenn.l wo!ing tal.1,a.: .e deal pa oieetion, including, a antennas - ors 4ic4 , referrett 40- . ..teleeommuaicznr<+o—R'V, CF," 0 F "b! 0 ad East Me t.vwe, ' Ant '11118 i. st-ilth Ahzeless teleennuuiaueahh� lacihties bot -do that extend above the -*4 nu. Ant i, equipment. dcnPl(i i :p.rrr!{ng 41 lie hil 0" hi )Hde�nitntw- supporting etruchire, including ofals fia 4�{east radio and- te4cv ,+ .. ef, .,tFuet • e i s to as a "broadcasting -or ! UPPOFte'e' kA guy wires that are co nected to anehoFs plaued to the '_round co,oae huniding. letenea3ryryir»t»w ,„ , lo; (ez A self-supj .. tand -:i]on +re. not suppvnted lf� gu�'Nocs. 'Nhieh vonsi t! '„. OfHaal HHd4hIFI/OfItal S*pPOItS Alth MUltifle .Foss brac-i+w :f . sliNr+nrrr- snNlrer4tid,, . ) Ireeshinding .,.term, sttppr NHig ; ea fouildinion. lhis type of I'll •.,'�to supporl itsell= • the a . 'es of Other t. tit . de 43 Jll'( I 401aldln =.I Kdn. (4 hose ou: wii es- -are Ae4 flr l - as- -tttyer4- anteena supp x>H+»g on or in the I-rewnd oriln -flit f ofe4 a burWing� .- �Oof m6+++Nerk -Air umerma- suptxxting +amTexaends above the 100#1+9. Ifcn< slanon An Cxl Sting structure. such as a building or utility pole that currently supports or houses a wireless telecommunications I'acilitl..The term does not encompass a totscr as defined in this subpart or_ni equipment associated with a tower. EreN- kN+ er- Secs`, 4 +rtemra- wrype+r+i�;3lfne+etre... Collocation: A situation in which two (2) or-ak an 03+rn 4ure. or -(u° ilid tion OF lepideement ofuntmnild, oil all em, fine it PI WHded4Hey meet the ter::IS 4 tile '-a The mounting or installation of transmission equipment lent on an eligible support structure for the purpose of transmitting or rcocitutg patio fIC LlCC signals for communications purposes. 4��6wrmaekrrtions woke �See "Antenna suI)Fw!tmr Comcalnunt Method of camoullavting. enclosing or locating wireless iCICCOm1Tnnlcation5 facilities to minimize visual impact. Concealment includes elements of a stculth faciht_as defined in this section, flush mounting antennas on a tower or base station, enclosing antennas within a lower or base station. small cell equipment placed on an existing buse Station of tort et: locating antennas on a roof within ten (10) feet of the top of parapet, not prolecting beyond the. parapet- or other concealment as identified or conditional as part of a special exception, conditional rezoning or on a derclr>L)ment plan fora planned unit development. Oigihlr laailitics rcgurm:._. Anv request for modification of all cxistine toa -cr or base station that does not substantialh change the physical dimensions of Such tower or b.)se +lahon.._molcing: (I) Collocation of oar transmission equipment: (il) Rcmocal of transmission cqusmcnl: or iii Replacentcnt of transmission equipment. EkKible support slrl"Iw c: Anv . tower oi_base station as defined in this section provided that it is existing at the lime the relevant application is filed with the State or local government under this section. 44 'o I'.1Tgiigg nourai�,.uo 3_J. ntJo. * ** I msmzQ: A tower or base station is existing, if it has been appro%cd according to the rcculaiions in effect al the time of construction. toowid EImpmcm: suppgtl. cuuipmcnt including Power. suP11k, cyuipmcnt boxes, equipment enclosures, etc_ typically located rut the ground surtace as part of awireless telecommunications. facility * * * ;Hicro - iihcicss /a( ilai: A type of stealth w rcless telecommunication facility that is not larger than twenty -four t24) inches long, hlleen inches wide, and thvclve 112) inches high, and has an exterior antenna if any. not longer than eleven ( I I ) inches._ Sae: For towers other than lowers in the _public rialrt -of -way, the current boundaries of the leased or owned property surrou4dinia the tower and anv access Or utility easements related to the site and, for other eliuible support structures. further restricted to that area in proxinuly to the structure and to other transmission equipment already deploved on the ground. Small _cell jo(ilitr: A type of stealth wireless teleconnmmnicatlon facil that meets both of the following qualifjcations: (i) each antenna is located inside an enclosure of no more than six L01 cubic fact or, in the case of an antenna that has exposed clements.. the antenna and all of its exposed elements could fit within an imagin-ary enclosure of no more than six (G) cubic feet and (it) all other wireless equipment associated with the facility has a cumulative volume of no more than tvventp -eialit (23) cubic feel_ or such higher limit as is established by the Federal Communications Commission. the followinu types of associated equipment are not included in the calculation of equipment volume: electric meter. conccalmcnt, telecommunications demarcation boxes back -up Power ssstems, uroundin_ equipment, r)(kkcr trunsfe, +wrtchcs,.cut off'switches and vertical cable runs for the connection of power and other services. .Snrnll crll /acilifl on ecisting sb'ac[ure: A small cell wireless telecommunications facility,. as defined above. mounted dlreetly Oil kin existing structure with no extensions or rums to increase heiuht or projection beyond the minimum needed to attach the equipment. Means Of .. ,,,, ti. (" " tl shall mean a ,.., s painting 45 "M +n „,..,...,,.,,d ,,.,,,, sza. nrd..: Ei - ralmeit shall mean to ene ose aViFele, —,tions fiarilrty nesting, - trance of it stn;Feull e resuini ninthe siFuerure Hi elthill In' nr -nee Pint 4flu! fedttl! ..,_eudIz ch .kruetaIUS Fir- ap�prxi�......,.T .<,:.; ehurd # steeples, bell tom'm:, -ho—, 1r- spires. - uu4as, lib'' +tility tR4eIxl fagpole� d splavingfi -'s; Foftke purpose!; of the regLIa4io-ris, Hftbll section,- Sledith lkifeleSr tiCifitiCS Shaii inchKbe the -I,, I o exist "k nlienaaee. ov�ich the #eeility is ° ."Qing -Al rullenluns ' OF atioumed -, a v,Fner tank and .. xiin,.. more taro ten ; r tee ailove flie lu h,, t hatt,,ornal plane 4 theme . and a ` 2memla ana "l" �t' "mrIRMLIFicatttmti pole v" 'ctd and integuned Altbul ' 'ttic tmnsf' I .!''° l ! heightr ef,t+.e Pole a.,d alnenae. arlaN doe s not exeeed ten (0) tell oh.we tip 't U t a�m n fission iHYdel. Stealth mireles.s w1ccomnnnliealionu /acilitr: A tacility that has little or no visual impact on the SUFFOLInding area because equipment is inte{Tated or concealed milhin an cxistine or modified structure or because the equipment nacetl- defined size limitations. Ancillary_ appwtuaancrs and other oround CQU Harm must be concealed as pail. of a stealth wireless facihty. Such facilities shall include: (1) Small cell facilities and micro ageless facilities whoa: Imo_ _Mounted On a huilding root or parapet and the antenna projects loss than five (5) feet above the existing structure and the antenna does not project beyond the plane of the holding }galls. (B) Mounted on an cxistine utihty pole with a vcrti_cal extension or a replacement utility pole yvith_ the overall height of the facility not cxcccdmg, forty fiN C 145 feet. LCl__ .Mounted on a light Hole or similar structwc with the 11 cht of the antenna not exceeding free (5) feet above the current height, (2) Anv antennas concealed rithin a modified cxistine building In structure- where the modilication is consistent with the architectural composition of the buildmg relatiNcly minor in scale, and increases the structure height by no more than ten (10) fret; (3) Anv antennas mounted to a water storage tank . inhere the antennas extend no more than ten (10) feet above the highest honzontal plane of the tank: 46 '011 /onino 4mou1 �snt. 5 _P.I S doe (4) Any antennas mounted on an existing electric transmission topci where the antennas extend no more than ten (10) feet above the existimg electric transmission tower, and Construction of a new structure for such integration or concealment shall not be constmed to meet the definition of a stealth %a_rcicss teleconnn_unication (acility. Sahstmtual (hmit!r: A modification substantially changes the physical dimensions of an cltgible support structure it it meets any of the following criteria: (1) for timer, other than finers in the public right- of-wav, the modification increases the height of the tourer by more than tcn (10) percent or by the hciglri of one ( 1_ additional antenna array with separation from the nearest cxistin 4 ana not to exceed mcnty (20) fccl.whichecer is greater: fur other chgtble suppoit structures, it inercaaes the height of the structure by more than ten (10) percent or more than ten (10) feet. ohicheaer is greater; Changes in height shall be measured Gom the original support structure in cases where deployments, are or will be separated horixonlalk, such as on a building _ rooftop_ in other circumstances, changes in hei,,ht should be measured from the dmicnsions of the tower m base station unclugiyc of on giy nalh, approval apPLrte!anecs. and any modifications that were approved prior to the passage f i t he Specinun Act: (2) for tossers other than lowers in the public right -of -way the modification invokes adding an appurtenance to the bow of Ihn here that %WUld I)IOtnKde From the edge of the tower more than menh (20) f_ect, or more than the width of the tower structure at the Ievcl of the appurtenance, whichever is greater, for_.pthcr eligible support structures, it invokes adding an appurtenance to the body of the stmcture that would protrude from the edge of the structure by more than six (6) feet (3) lot any eligible support structure, the modification ineoh -es installation of more than the standard number of new equipment Cabinets for the lcehnoiegv imoked, hot not to exceed four (4) cabinets; or, hn anvers in the public right- of-ceav and base stations, it imokc,, installation of any new equipment cabinets on the ground if there are no pie- existing ground cabinets associated with the stmeture, or CISC inaolves installation of ground cabinets that arc more than ten ( 10)percent higher nr volume than any other ground cabinets associated with the stmclure� (4) the modit cation entails any excavation or deployment outside the current site 47 (5) The modification would . defeat the concealment clemmnts of the eligible support structure: or (0) _The modification does not comply with conditions associated with the siting, approval of the construction or modification of the cable support structure or base station equipment, provided li(mccer that this limitation does not apply to any modification that is non - compliant only in it manner that v, -ould not exceed the thresholds identified in items (1) (4) abocc. loircr: Any structure. freestandini, or attached to another structure, built for the sole or primary purpose of supnottine any FCC licensed or authorized antennas and their associated facilities including, structures that are constructed for wireless connlrraricutionS services including,- but not limited to pmatc. broadcast. and Tubhc_safcty services o., well as unlicensed Nireless services and fixed wireless services such as microwave backhurd. and the associated site. I- mi(_r, bioadca.st A lower. including replacements, which contains antennas that transmit sig,nals for broadcast radio and television communications. Such structure is commonly referred to as a "hroadcastina tower." /oiler. cured: A tower supported by a series of duly wires that are connected to anchors placed in the (rrOnnd or on a building. Y'ooc, lattice: A self Supporting, stand -alone lotser, not supported by guy wi�es. which consists of vertical and hmrz_onttd supports with multiple legs and cross bracing of structural steel. l oirer monopole: A lrccstanding tower that is composed of_a single shaft attached to it foundation. This type of antenna -supp oiling structure is designed to support itself without the use of _guy wires or other stabilization daiccs_ _(IIIose usinfl g,uv wires arc defined as -guyed antenna - _supporting structures. ") Monopole struclrgcs are mounted on it foundation that rests on or in the ground or on the roof of a building. (d) Application requirements. (1) All potential applicants for wireless telecommunications towers, rw broadcasting towers, or other wireless facilities requiring a special exception, shall consult with the Zoning Administrator prior to submitting an application for a proposed tower. During this consultation. the applicant shall present information to the Zoning Administrator on the system objectives, proposed coverage areas, and alternative sites considered and rejected. The Zoning Administrator shall provide the applicant with information on the 48 'u I � L term! TmcnJinau. s]..I � Ja: City's policies and standards for wireless telecommunications and broadcasting towers and shall discuss with the applicant possible alternatives to tower construction. (2) All applicants for a special exception for wireless telecommunications H -h 1g40wers facilities or to create or amend it N ID development plan for wireless tciccommunications facilities or broadcast towers shall provide the following at the time of application: (A) The location of all other wireless telecommunications fewer —sites considered fix towers and rejected by the applicant, and the specific technical, legal, or other reasons for the rejection. (B) The location of all possible collocation sites for a wireless telecommunications tewet facility considered for towers and rejected by the applicant, and the specific technical, legal, or other reasons for the rejection. (C) Description of tower— tacility design and a sample photograph showing the type of proposed tewerfacilia. (D) Elevation drawing, showing t,.,. e— facility, desicn and height. (F) A computerized terrain analysis showing the visibility of klx anv proposed wireless telecommunications or broadcasting tower and antenna at the requested height and location. If new or modified street, access, or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features. (I) Results of an on -site "balloon" or comparable test, conducted by the applicant at the applicant's expense. The purpose of such test shall be to demonstrate the potential visual impact of the proposed wireless telecommunications or broadcasting tower. The dates and periods of these tests shall be established with the applicant at the pre - application consultation as required in Section 36.2- 432(d)(1). for to" crs only. (1) An engineering report certifying that the proposed wireless telecommunications tower is compatible for collocation with, and the structural integrity of the tower will support ne (1; to fliFee (3)multiple other providers 49 z,�J I .d- of wireless telecommunications services and new equipment. (K) ASAC Obstruction Evaluation Report, or comparable evaluation opinion, ,:oaduetedssessintg potential hazards to aviation due to the wireless tacility and idcnt_fyin-, mitigation o rta ions in accordance with the Federal Aviation Regulations (FAR) Part 77 and the Federal Communications Commission (FCC) Rules Part 17. (N) A developmeot plan sltoainn the location of the tower, eCjI ipment enclosures and ancillary appurtenances in relationship to property lines and czisting structures. C44(01 A landscape plan showing the locations, species, and size at planting for the landscaping proposed for the wireless telecommunications or broadcasting tower site. (3) All applicants for stealth wireless telecommunications facilities and other wireless Iacilitics, where permitted as of right by this chapter, shall provide the following at the time of application: * * * 4)+--A . ..r4 the piopo .. r..1 ..+14 fir, 1 eq tie, ted h el - a.. n,rfed'Ircet. ..i n analysis . how the visibility - l iheie new -e.iodified features. iF.d (DZAn engineering report certifying the structural integrity of the proposed stealth wireless telecommunications facility and the structure to which it is to be attached or within which it is to be located. 0- 4(1 ) ASAC Obstruction Evaluation Report, or comparable evaluation opinion, assessing potential hazards to aviation due to the wireless facility and identifying mitigation options in accordance with the Federal Aviation Regulations (FAR) Part 77 and the Federal Communications Commission (FCC) Rules Part 17. 44)(D Documentation of filing of FAA Form 7460.1, as amended, when applicable. 50 J11] /anut? iindOJ0LL9b =.?;J4 Joe CH)(6) Documentation from medical helicopter patient transportation providers of noninterference with established routes. (II) _ A development plan showiness location of the facility. Ceuipmuit enclosures and ancillary appurtenances in relationship to propery lines and existing structures including associated concealment when part of a stealth facility. (t) A landscape plan showing the locations, species, and size at planting for the landscaping proposed for any ground - mounted equipment. (4t An admonstiatiNe f :tablished by the C- tratl �4i-- apphcatioo -44F a exeepEieu for n wir d;T Such f , shall be,—t c,l by -flf Gi' g ,tti --q*ali(ied con, uhanl to -r., . the of tile dlipli0i 0011, including including thems= ,N of ow,eiage Maps, anal5sis of the need Im, ,f._, es curl. llayfmvnt�f . all fee sh in no si ay ' cu be -:u4 :titute -4i -ar+} on -fees otherwi e this ,' established by the 6ily rr . (4) All applicants for small cell facilities mounted on c.Xistfng facilities (base station or tower,."here permitted bight in this chapter, shall provide the following at the time of application: (A) Fle%ation drawim. showing facility and antennae height. The elevation shall clearly note the size Nolume of all antennas and related equipment to show that the facility meets the standards of a small cell facility. ASA(' Obstruction Evaluation Report or comparable evalutum giiniun assessing potential haxmds to aviation due to the wireless fkility and identifying mitigation options in accordance with the federal Aviation Regulations (PAR) Part 77 and the Federal Comm uniCaliuns ( onumnsi On (FCC) Rules Part 17. (C) Documentation of filing of FAA Form 7460 -I as amended, it applicable. (D) A development plan showing the location of the small cell facility, equipment enclosures and ancillary appurtenances in relationship to property lines and existing structures. (F) A landscape plan shoati hc locations, species and size at planting for rcquiied landscaping and screening. 51 (5) All applicants for eligible facility requests for expansion. maintenance or equipment removal not a. substantial chanee), shall provide the following at the time of application: (A) Elevation drawing. showing originally apps ycd and proposcc facility Ileleht and width including location of new cquinncnt. (L3) ASAC Obstruction Evaluation Report, or comparable evaluation opinion,_ assessinLLpotnntial hazards to aviation due to the ceircless facility and identifying mitigation options in accordance with the Federal Aviation Regul:aigns (FAR) part 77 and the Federal Cotnmmnications Commission (FC( ) Rules Part 17. (C) Documentation of filing of FAA Fonn 7460 -1, as amended. if applicable. (D) Documentation front medical helicopter patient transportation providers of noninterference with established routes, when a chanac in tower height_ is proposed. (L,) A development plan showing the location of the current and existing ground�c uipmcnt cggipmcnt enclosures and ancillary appurtenances in relationship to property lines and existing structures. (F) A land calic plan shosvina the locations. species, and size at plantirgfor required landscaping and screening. A review tee set forth in the City of Ro moke's Fee Compendium. adopted by C'ily Council in accordance with Section 153 -107 of the Code of Virginia 1950), is amended, shall accompam each application for a zoning pennit or special exception fora wireless ICleCOn]mrinlcution, towci Micneect the proposed tower height exceeds eighty IN) feet. Such fee shall be used bs the City to cnaaae an engineer or other qualified consultant to rmcw the technical aspects of the application, including the review of co%crtac maps. analysis of the need for such facilities, and analysis of the location requested- _PrImull of such Special rer icw lee shall in no way be a substitute for any other application fees otherwise rcquual b� this eba t� er and established by the City Council. The zoning administrator shall establish an application review process for multiple small cell facilities consistent with Section I51-3316.4 of the Code of Virginia (1950), as anlende(l. Fecs for such applications shall be as set forth in the City of Roanokc's Fee Compendium, adopted by CO Council in accordance with Section 15. -107 of Code of Virginia ( 1950). as amended. 52 "IFLndu, kill, inanh913 Ixd.�. (e) General standards. The following standards shall apply to any wireless telecommunications or broadcasting tower permitted by this chapter as of right or by special exception: (5) Wireless telecommunications or broadcasting towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC, or is_rcoucsted by an entitv that conducts authorized Ih In operafions in the area. When lighting is proposed to conform to federal requirements, the applicant shall provide to the Zoning Administrator evidence from the federal agency that verifies the necessity of lighting and determines the minimal amount and type of lighting necessary to comply with federal guidelines. Security lighting may be installed on structures associated with a wireless telecommunications or broadcasting tower. (6) Except for stealth wireless telecommunications facilities, and except for roof - mounted or surface - mounted antennas, any wireless telecommunications tower approved shall be structurally designed to carry sufficient loading, and the site approved shall be sized to accommodate the equipment necessary, for one ( 1 ) to three (') addAwnA i wlois multiple providers of wireless telecommunications services in order to minimize the proliferation of new wireless telecommunications towers in the vicinity of the requested site. In addition, by applying and being granted a zoning permit for a wireless telecommunications tower, the applicant and the owner of the land agree to make the wireless telecommunications tower and tower site available for additional leases within the structural capacity of the wireless telecommunications tower and at reasonable costs adequate to recover the capital, operating, and maintenance costs of the wireless telecommunications tower location required for the additional capacity. (9)_ dill antennas shall he hush- mounted, unless otherwise- appFeN ed aj speeial exception, and all Enless otherwise speciticd in this section or as part of the _approsal of a spcciul exception or PUD development -RI an. wireless telecommunications and broadcasting towers and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA. * * 53 (14) Any ummrd equipment area shall be subject to the_buffeling and screcniny requirements of Scction 36.2-647 for wireless telecommunications Facility and associated mechanical equipment. Additional standards hx small_cell evjrglcss facilities. Such faelhtlCS Shall be SubStautially wnecaled from view by means of paint ngor tintinfl to match the surface ofthe building or support structure to which they are attached. (B) When attached to a huddine. electrical power battery backup and similar _ panels shall be located to not be _visible from it street and nl @y include mountinv on a roof hchind a parapet, mounted on a ssall not facing a street, instahinu undentround, gr_ othemise located and screened as accessory. mechanical equipgicnt. LPL V -hen mounted to it utility ode or similar_ structure, panels shall be located it minimum Of (10) feel above adlaccnt grade. See. 36.2-433. Workshops. * * * * * let Standards. In accordance with the general purpose set out in this section, workshops shall be subject to the following supplemental regulations: (l) The maximum gross floor area occupied by a workshop shall be limited to t„4: lOUSdo (2,,000))tai thousand f 10.000) square feet in all zoning districts. See. 36.2 -552. Basic development plans. (a) Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities: (3) Construction of any structure, parking, or other impervious surface during which less than two thousand five hundred (2mi0) ?( 500) square feet of area will be disturbed; * * * See. 36.2 -622. Exempt lighting. The following outdoor lighting shall be exempt from the requirements of this division: (ml Festoon lighting; and 54 "d n n"n, . ,,..i ry ,t,,, InJ Dcaxative neon lighting in a nmltiple purpose district limited to mo (2) linear feet of neon tube per linear foot of building facade on which the neon is placed. Decorative neon is not permitted on the side of a building facing an abutting residential district. Sec. 36.2 -623. Definitions. The words, terns, and phrases used in this division shall be defined as set forth in this section and in Appendix A. For the purposes of this division, to the extent of any inconsistency between Appendix A and this section, the definitions provided in this section shall control. Decorative nemr Ncon lighting tubes or similar lighting elements such as light emnhng d_ode, that are not puit of a sign and is intcndcd for general decoration on a building or similar structure. A string of low- intensity lights intended for accent or op tio, scallnm, arrea. outdoor dininu area, or walkway_ on abutting lots or streets, and not balgd area luting. Sec. 36.2 -642. General landscaping and screening standards. (c) Screening. Where screening is required by this division, the following standards shall apply: (1) Screening shall be visually opaque and constructed of a durable material. Where specified open space may be permitted in the screen mamials to allow for air circulation with the open spaces to be distributed throughout the screen structure (c space bct%gcen louvers or caps in mesh). (3) Acceptable screening materials shall include stockade fences, decorative masonry walls, brick walls, and earth bermsnd perIbmted_ or 10U%eied metal -panels_ The Zoning Administrator may approve alternative materials where their characteristics and design meet the intent and standards of this division. * * * Sec. 36.2 -647. Buffering and screening. (c) Where Table 647 -1 below specifies the location of buffering or screening between an activity or use and an abutting zoning district, the specified zoning district shall mean any abutting lot or any lot directly across a 55 _i I? /"Inn.. V"'r'dfi Kda. street which lies within the specified zoning district, regardless of the zoning of the property on which the activity or use is to be conducted. Table 647 -1. Buffering and Screening of Certain Uses and Activities Buffering or Activity or Use Location Screening Minimum Materials Height Wall of a principal Between the location of the Buffer: Between the wall and an abutting activity and any abutting building that contains Deciduous trees residential district, multiple residential district or MXPUD None less than 15% purpose district, or PUD district, and evergreen 8 feet district. located within 15 feet of property transparency shrubs Base of a retaining Between the wall and an abutting wall 5 or more feet in residential district, multiple Buffer: Evergreen purpose district, or PUD district, 18 inches height within 10 feet or between the wall and any shrubs of property line public right -of -way. 56 ?111 / /Fmmn pmandin rp C `iJR Jo: Between the location of the Any commercial or activity and any abutting industrial process or residential district, multiple Screen: Solid activity occurring purpose district, or PUD district, fence or wall 8 feet outside of a wholly located within 15 feet of property enclosed building line of the abutting lot or lots. Buffering or Minimum Activity or Use Location Screening Height Materials Between the loading area or Screen: Solid Loading area, bay loading dock and any abutting fence, wall, or , loading dock, or door , loadi , loadirmfinal 6 feet residential district, multiple evergreen tree truck purpose district, or PUD district. screen Perimeter of the refuse container storage area 12" above Refuse container Exception: Not required where Screen: Solid the height storage area the aggregate capacity of refuse fence or wall of tallest containers is less than 0.5 cubic container yard 56 ?111 / /Fmmn pmandin rp C `iJR Jo: Ground - mounted mechanical equipment, more than 36 inches in height Ground - mounted mechanical equipment up to 36 inches in height Perimeter of the mechanical equipment that would otherwise be visible from any street frontage or adjacent property Exception: Not required where the use is a single - family detached dwelling Perimeter of the mechanical equipment that would otherwise be visible from any street frontage or adjacent property Perimeter of the mechanical equipment that would otherwise Mechanical be visible from any street equipment on roof frontage Car wash Commercial motor vehicle sales or service, new or used, or commercial motor vehicle storage area Drive - through facilities Exception: Not required in any industrial district Between wash bay openings and any abutting residential district, multiple purpose district, or PUD district. 6" above Screen: Fence or the height wall with 60% or of the greater opacity tallest unit Option 1 Option 1 6" above Fence or wall the height with 60% a of the e:eate: -opac ty a tallest unit maximum of 40% or open area. Option 2 Option 2 16 inches at Evergreen shrubs planting vertical Screen: Fence or height Of wall with 60% 0 equipmen greater um of 40% tfrom maximum of 40% adjacent omen area. street Screen: Solid fence, solid wall, 6 feet or evergreen tree screen Between any display or service Screen: Solid areas and any abutting residential fence, solid wall, 6 feet district or evergreen tree screen Between any speaker and any abutting residential district, where the speaker is directed toward the abutting residential district Screen: Solid wall 6 feet 57 58 Screen: Solid Between the pumps and canopy fence, solid wall, Gasoline stations and any abutting residential 6 feet district or evergreen tree screen Perimeter of any area where the Screen: Solid Junkyards, wrecker storage, collection, processing or fence or solid yards, and recycling other associated activity occurs, wall, and 6 feet centers and which is not wholly enclosed evergreen tree within a building screen Screen: Solid Motor vehicle or Perimeter of any area used to fence, solid wall, trailer painting and store any visibly damaged or 6 feet body repair inoperative vehicles or evergreen tree screen Screen: Solid Motor vehicle repair Perimeter of any area used to fence, solid wall, or service store any visibly damaged or 6 feet establishment inoperative vehicles or evergreen tree screen Motor vehicle sales Screen: Solid and service Between the display area and any fence, solid wall, 6 feet establishment, new abutting residential district or evergreen tree orused screen Outdoor sports Between the facility and any Buffer: facility abutting residential district. Deciduous trees None Between the storage area and any abutting residential district, Screen Solid : multiple purpose district, or PUD Outdoor storage or fence, solid wall, self- storage facility district. Between the storage area or evergreen tree 6 feet and any residential district, multiple purpose district, or PUD screen district across a street Between the storage area and any abutting residential, multiple Screen: Solid purpose district, or PUD district fence, solid wall, Outdoor storage lot and between the storage area or evergreen tree 6 feet and any residential, multiple screen purpose, or PUD district across a Deciduous trees street 58 Along street frontage when not abutting a residential, multiple purpose, or PUD district across a street. Portable storage Between container storage area Screen: Solid and any abutting residential container as fence or solid 6feet district, multiple purpose district, accessory use or PUD district. wall Between any receptacle and any Screen: Solid Recycling collection abutting residential district, fence or solid 6 feet point multiple purpose district, or PUD wall district. Perimeter of any storage area for Screen: Solid Towing services damaged or inoperative motor fence or solid 6 feet vehicles or trailers wall Wireless Screen: Solid telecommunications PerimetereChm base fence, solid wall, facility aa-au ed 6 feet uithe facility and m °� equipment or evergreen tree " ""°'°`°" screen equipment Wireless Frontage facing a street or side telecommunications visible from a public street or Buffer: Evergreen tower, less than 100 visible from an abutting trees feet in height residential district Wireless Frontage facing a street or side telecommunications visible from a public street or Buffer: Large tower, 100 feet in visible from an abutting deciduous trees height or greater residential district See. 36.2 -661. Applicability. * * * (b) No content restriction. No sign is subject to any limitation based on the content of the message contained on such sign. This subsection supersedes any other requirement of this division to the extent of any inconsistency. 59 X d Ill «m„ ia,l,IT A. sikn_bcaiint4 a non- commeroial message shall not be restricted or otherwise rei;ulated to am greater extent than .a sign bearing a commercial message. The intent of this Dntston is to regulate similar sign types equitably. r gardless of the message. (c) Exemptions. The provisions of this division, including the requirements for a zoning permit, shall not apply to the following signs, provided that no such sign shall be placed within the public right -of -way or within any sight distance triangle. Exempted signs shall not be included in the maximum permissible number of signs or maximum permissible sign area. Any exempted sign that is to be located in the Historic Downtown Overlay District (H -1) or the Historic Neighborhood Overlay District (H -2) shall be subject to the requirements of Section 36.2 -530 if applicable. s . + (5) Signs displaying only the word `open' or "closed," or the hours of operation, illuminated neon or otherwise, provided such signs do not exceed one ( I) per lot and do not exceed four (4) square feet in sign area. (9) Address sign not exceeding - "vi 434 tour (4J square feet in sign area. (I 1) Ilolincal signs, Ten.orap signs not exceeding twelve ( 12) square feet in cumulative sign area in a residential district. (12) Temporary Rreal estate signs which advertise for sale, rent, or lease the land or building upon which such signs are located.; m..ins signs do exceed tme{li per and do ool . square finotages -tn -tile le. Such shall tie limited to onc.)1)_sign per frontage and shall not exceed six (6) square feet in am RA, R -12. R -7, R -5 R -3. RM -1, or RM -2 divtrid and shall not exceed 32 square feet in am RNIF multiple purnose district, industrial district, or planned unit development district. RPAF 16 square feet 60 rw, PIXPU 32 square feet , 6� .fee, AD, 4JF (13) 1emporary 9off --site directional real estate signs, provided such signs do not exceed five (5) square feet in sign area and written permission is obtained from the property owner on which the off - premises directional real estate sign is located. (14) Signs which di, py '"e, lotoperakue, or public , em iev an+xarmcet efu. pmk-' d SUCII sign does —not (IIS131a) an) advert ;e tt, and located ° i in a oesidentiai aning- dismet and does not exceed 32 �enr:ac feet, (1514) Memorial plaques. (4-615) Temporary safcty Ssiero placed on temporary structures, fences, and barricades placed around excavations or building projects, whether on public or private property, which are related to safety considerations with the construction. (4 -716) Construction signs erected on the wall" em;straciH o ,gin ction ShOd ,. AM the ground;- pmNidersucta signs .,.,a11 h , ks-aoed only -on the property nhi eh tehcrc construction is underway or is proposed_. shall not he by any toe, .a.a..be R�Iu. "`. f)ROF to due issuance rt.f C t. and shall -crate c s lWed in the f4licwv:, g nibble SUC11 signs shall be limited to one (I ) sien per fro ntageand shall no( exceed six (6) square Iect in anv RA R -12. R -7. R -5. R -3. RV4 -1- or RM 2 district and shall not exceed 32 squuc feet in anv RMP multiple pumose district, industrial distict. or planned unit development district. R-12, o.,;R3, R.-, AM- 6-si '_ per !at frontage 61 1e d,,. RIV1F 4&4 z- ^per^,.r !at frontage r n CN, CLS, 1 47-4-2 2 - 4-44 , 68-st z- per -.^frontage in rRarnacn (44417) Signs hlemed -closed hall- GE4d,,associatcd with an outdoor recreational facility amphitheater, stadium or similar facility, where such sicns are not leeible from the public riaht -of- way. (NIs) A single sandwich board or "A" frame sign per storefront in multiple purpose districts. (2019) Window covers placed on the inside of a window or windows of a vacant storefront to shield the interior of the building from view. Window covers shall not be subject to the maximum window coverage requirements of Section 36.2 -671 (b). See. 36.2-662. Definitions. Signs and their characteristics, as used in this division, shall be defined as set forth in this section and in Appendix A. For the purposes of this division, to the extent of any inconsistency between Appendix A and this division, the definitions provided in this division shall control. On- premises sign: A ign Aloe - direcls attem n to a husines. eommodaty, avov'ily. -: roduct, einerlamovent; 9..- athact eondae ed. "d. -H,i of fNd . ._h he sifvri- �:,�."n al A sib or sign structure that is not an qfl- demises sign. * * * Political sign: A sign pjainoung the vandidavv of_ :.ng - tijr_� g>vernmern � , zmmting -a issue -oti,. eevent,-, ,„ ,o Sig setba °. - -: I.;e —tea,- '' , _e _ne� .av —,k;t ,.a�, 62 I'd... Snipe sign: Any sign of „ material. including page_ .ardb d d eh+�wheret:igo is tacked- nailed , stapled.asted- tainn" or attached.,, -.,:r, -. iiv to any a tree, cliff, utility pole or support utility tower, radio or television tower, telecommunications tower, vehicular or pedestrian traffic control sign or structure, street name sign, fence or retaining wall, and other similar structures, ,rand which does not apply to the activity on the lot on which it is located, or .d in H public right of a„ t authoft"afoll , . a N"dy body -o1 any +Sn placed in a public right -of%sm r�hboul authorization by a koN emiucnt body. - - * * Temporary sign: A sign or odler ad',efqug ea or PHqjed speeifed ed of note as delineated in 'Seetion 3672474— 1 eloperary signs are designed tobeoeadily reloe - sprayed- +2n-tem� wry- .:�,,;t ;a � ni fi gent of seasonal or brief actiNinals. including specid4 „�;.:,.re.cial ',ale , holi „d¢ti= :ea,ruuehionsgrand opemn s. or d spee+A4�. cwt -or �rcasily_ displayed and casily removed by it person. and designed to be displayed frxfor a limited t rnepcnod by virtue of the non - durable materials used for the siRil_and the non - permanent means of support for the sien. Such signs may be pushed staked pr hammered into the ground. stand freely on the uround, or be tied or strapped to a structure. * * * Sec. 36.2 -663. Prohibited signs. The following signs and sign characteristics shall be prohibited in all zoning districts: (a) Animated signs; p " e panels of outdoof - adveF4sing sites which -. °,.' . - e. -r. e ;shall imt be eon' rmation. Sec. 36.2 -667. Calculation of sign area and number of on- premises signs. * (b) The following method shall be utilized in the calculation of sign area for on- premises signs: (3) For signs composed of individually attached letters, numerals, pictures, logos, symbols, or figures, the sign area shall be denlijoined by computing tile ertife area glomenic form that the .`ts£t�ma lettering. ; H.6) f'., . eter' . . insignias, or otlie- d - , rages, calculated using the area of Lip to three abutting or overlapping vcometr_c shapes to encompass 63 AmcnJmum 5. 1J Rdrn all lettering nunoclals, figures, designs, symbols, fixtures, locos. emblems insignias, or other drawings or images. Geometric shapes used shall be limited to square, rcctanfle triangle. circle and ellssc_, (4) For signs enclosed by a frame or border or encased by a cabinet, the sign area shall be determined by computing the entire area within a continuous perimeter, enclosing the limits of writing, representation, emblem, or any figure or similar character, together with any cabinet, frame, or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The supports uprights or struclure on which any sign is supported shall not be uidu<led in the sign aica unless such supports, uprights or structure area arc designed to form an integral background of the display and * Sec. 36.2 -669. Changeable copy signs and electronic readerboard signs. (b) Electronic readerboard signs shall be subject to these requirements: * * (4) The frequency of change of copy shall be established so that each display of copy remains static _with no animation for at least six (6) seconds before changing to new copy. (5) An electronic rcadcrboard shall be controlled so that the niuln -lime illumination Icvcl does not exceed three- tenths (0.3) footcandles o%er ambient . light measured at a specified distance from the sign face The distance of measurement shall be determined by multiplying the area of the electronic rcadcrboard sign in sgrwre feet by one hundred (100). -hhc square root of,thc resulting product is the distance in feet from which the measurement shall be taken. F.Icdronio rcadcrboard signs shall be equipped with a sensor that determines the ambient illumination and be prowanumed to clim according to ambient light conditions to eompl�ith the recl ui I means ofthis section.. * * APPENDIX A. DEFINITIONS For the purposes of this chapter, the following terms and words shall be defined as set forth below, unless otherwise provided in this chapter: * * * 64 20 I, Z.miup Nnoulmcm..I _, i IN due f. ,, ..a� 4tt�wner -ecet, ..t tick .,dam.. in provides f1. Wig_. guvst� Ins .—pensaf n, on a : s. and of fenag ne ,f.:' rueals to so oil g Bed and brcakthst a building or buildings in.�N'hich bedrooms are pro%ided for ovcmit;ht guests fbr compensation on _a dail y basis. and, which may offer b_rcakfast meals to such guests. A bat and breakfast use may include meeting hall functions as an accessory use ohcrc permitted by this Chaff Ier. * * Commercial motor vehicle: Any motor vehicle or trailer used, designed, or maintained for the transportation of persons or property for compensation or profit, and which is one (l) of the following types of vehicles: trucks, tractor cabs, farm tractors, construction equipment, passenger buses, trailers, semi - trailers, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, step vans or Aam vehicle designed or used fis the transportation of a hazardous material shall be nsider d a emooreocial toobr e. Commercial motor vehicles shall not include any passenger cars, vans, trailers, or pickup trucks that are customarily used for non - commercial purposes. * : m Solar Encrgy System: An encrev system that consists of one or more solar collection dcyices. solar energy related "balance of system" equipment, and other associated Inn frastructure with the primus intention of generatme electricity. stcning clectricily or othemise comertm; solar eneruv to a different boon of encrev. Solar energy systems shall be the primary _ source of on -site energy. but may generate ene'rg in excess of the cnerev requirements of it property. Solar panels shall not be considered mechanical equipment_ for purposes of screening and buffering. This ordinance will become effective immediately upon adoption. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: "r ( City Clerk 65 I' /unms 9m.namomn $ 21 11 do, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining, adding or deleting code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted. Summary: The Planning Commission held a public hearing on June 11, 2018. By a vote of 5 -0, the Commission recommends approval of the proposed amendments to the Zoning Ordinance. Background: Roanoke adopted the current zoning ordinance in December 2005. Since adoption, Planning staff has developed periodic amendments to ensure the ordinance remains a relevant tool for implementing the City's comprehensive plan. Significant amendments were made in 2010, 2011, 2012, 2014, 2015, and 2016. Considerations The proposed amendments will help address issues that arise with experience in applying zoning regulations to actual development scenarios and uses to ensure the ordinance produces intended outcomes in development. The amendments also: Update wireless telecommunications facility regulations to reflect the City's Wireless Telecommunications Facilities Policy, respond to changes in state enabling legislation, and respond to federal telecommunications legislation Update sign regulations for consistency with case law. The Summary of Proposed Code Amendments, enclosed as Attachment A, provides detail on each proposed change. As part of the June 11, 2018, public hearing, the Commission asked staff if a suggested change to the sign section of the ordinance related to real estate signs in the RMF zoning district was made. Mr. Chittum confirmed that the changed discussed in a work session had been made. The Commission also asked staff about any public comments to the proposed amendments. Mr. Chittum noted that he had received an email regarding the proposed amendment to increase the maximum size of an accessory apartment. He replied to the email with the basis for the change, and no additional comment was received. Mr. Chittum also noted that while the maximum size for an accessory apartment was increasing, the use still requires a special exception from the Board of Zoning Appeals. No members of the pubic were present to speak on the amendments. Conclusions and Recommendations: Planning Commission recommends approval as the proposed Zoning Ordinance amendments address changes in state code, respond to recent case law, and otherwise update the zoning ordinance to produce better development outcomes for the City of Roanoke. James E. Smith, Chair City Planning Commission Enclosure: Attachment A, Summary of Proposed Code Amendments Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney N d v W E Q 0 U rn � C N C O a ON N M O � m a m E H 'cl C a E s v 6 % v c I. c E L 3 m D E o c a `N 10 J n y m cr. 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O 0 N I C E E E U N O N O v C] N O C C D N m p p Un a o c v m mo Em ,3 .x Dma ox x m � c v - °m wE o � y ED O E U O pp �O E N (UJ LL EP ED W v N d > e m p = N b t to O E D N N N C O CN TV N mo j O N O N T N E E E _ w`n c o_d m D E N J N N V L t L ✓� i D � T J r N U p 5 v m L N J J n d E U my m ml-a c mE m N D N C d N— E v aci= ° mEN mm `mv J E m u N no pL d o E O 1 F vii w Ni D MCI C m C, A dl h N N I o� C C T U L m " 3 m U O N > m U O U N O C O E O O O N pp Up O U 'i, U Z d2 N m C C N N y 0 C B I N U O O N O N N m E o IC J C N N V C a C N d C 7 n l y n° T m m L E C N N a U V N N N N N 10 C o � X T`N d Z O C O U O N N NL. d N L O C C E n O D O Q N '- E o U m C L y F T N� D N C= D T L .N• N mm E 'Eo H wm nn3� >'n ZS cD U :iti°a xxm Ew °p °a��m >o� R :E 1 C Q W N OI i f/1 V� U N A N N � E !n U N Q� N r O L v 3 m - O 3 o c M F- ry O H A N C D U m N E l m > m m N N r U a+�� X m E� C c 4ai C a D O N N N C Ol O U O N A w O z Q m N c U N C V U sm O 0 J 'N n L o N D O V m % C7 0 N m M C N O N O d N � ER d— N a � m D � N N PD N _N O C m' C d C y E E i nG E m d c U y 0 V Q d o 0 C =T 4 L� C d9a O TN W O N Y w N N D W O C i U d m N ry E C C C E O C C= D O m m E l m m da DL m C_ v N ✓� N E o ur T= T O @ O.d O d a'.- U C 0 N E'j O 9 ry O Q N 9 O y N -DO X d w N E D E Q W I N d 9 9 Q d a 0 v N N N M N C C O C N O The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication 06/11/2018 Legal Notices Date CITY OF ROANOKE - PDV June 05, 2018 Attn Tina Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 ROANOKE, VA24011 Date Category Description Ad Size Total Cost 06/11/2018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he i x 447 L 414664 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 PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 05/29,06/05/2018 The First insertion being given ... 05/29/2018 Newspaper reference: 0000761036 v ' Iling Repr44tzdive Sworn to and subscribed before me this Tuesday, June 5, 2018 Notary Public ;'QE C••••••NC� %, O •' NOiARY':�( State of Virginia �:• PUBLIC ••; N L City/County of Roanoke p n REG. M7777581 My Commission expires / Q : ° t• 61YPIa«SION OF THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE AS,publ n gs advert set b.. nh be nmtl In he ply C, ,I chamber mono floor Rburning. Pro. ry 6. rch M moat ea 215 cuurcn nvennc sewer Rvoll b_ a, Is able Any dp01icd60ns mill be ailable for onaev, in first floor too b D C proem, due Oooc Roanoke. e.V 215 CM1UrtM1 Bvcnue, S.W.. AOanoke. Vlrglnla. The Ciy of RwnWe Manning Commission will bola a ponee bearing on June 11, 2018 at 130 p in or as exon the R s the matters y b am, to cons bet these pres reran cols to Chapter 362, Zoning, and the 're Co'npentlmm of he say. A. proposed amendments to Coale, 362.20nIng, of Inc Code come City of boards' (1979), as amended. by mending ana reerdaining . adding or deleting the fellow... rode sectmns J pe l4 ty it k uM1 Cry gal i o info make the its ring ndean,, consulter add silly rode. .m 1 r .m sinswt nmpreM1. may, rt volume or fran.e or an tlen e that 1 �nirel fired, I Istou t less ,the was nit t Se -don 3 ate_ I'm, red nati to effort the pe color of street facing bumOng fn(ade 'equlred to abut or it brnmrr.n toe and maximum fro yams m r, an m u 60 or for or to 5opercenl, and to nooder, grace cignt mgulatens, from _Canon 312 311. use any 'or unree Ref district to add small cell less -f Iry "anQu Its- turn as a pisruented us, : e readdleall di r t mor m tc"'c" cap at Ne ws d special r rnten n assonnelJst G St of 1 36 2316 Is, calls for lultpl, p poY: districts. to 1 T S of o ti fund d cIs p gall abot09 a es poultry to dill d ty" t h. ¢.g restl t d' r e . special ,¢eaten uses n the SIX district, R m Nreles masons enrry� t Ire. pe mined _ all maniple purpose acrosls 19 correct a printers ir to add iet Interferon nee lacdky. mall mg 0o existing sWaum, as a OCrmiHCd use In ell morn, purpose msmca ado m ado tefewmmunimnops raadte ire rot otioerwise listed. as a special respond ... m el multiple purpose districts. 5,,dAn 362316. Dimensional reguetmns for multiple purypso districts, to reduce the rnrnnpum nit it •A per 1 nit Squar 1 ot; rsi[ICnt "It 1111 Join I you 1 I110n11e 11 debt 1. senior mn'st r t - use I bl' Lr Wstr 1 . t anti of ro q, t: ed t Los d o led chic t. ore arts it c mlemm t ,nr or S t, Sears ce error g r and don't... I, perm t :I , 'd.. I as pennnletl uses in loo -1-z aria 4e Nslntls amt er ar)d Wireless otherwise ( Ianfirl II the 1 Ire. and as S s mC n2 ease and a special motion use in lie - laantl AD delta ts'. Section 362327. use beer for Andorra unit d 11111jandelt districts t Jb W Jas t i f r I 1 o robs r - oaai'onst a S,1, realm: a�dn aniremss Inemmr.uolrmr.n, minty. not otherwise lrst➢m as Permitted Lacs In all planned mill deeeligedm tlrstnds. Section 362 -333 "Isepiain overlay Dislr.m, to add a delInd.on of Habitable r t p t, lt t l Shortness l is EEMA to t RMS. co Atam sit a crucial I If often p Sue, far ching -,mg n, ,] way t p runt 1 den the fl d y to types talsin.3 I t m, be I flood quqfrd. "' Ad, , h that If rt protean b 31 r n og , arrested , leeddcrier, structures mft,npab dnyp a0d to specify a audit nal c ndibo'.r that no w babieme aria's treat, (I below the BEE plus Iwo I el who, or option is mow, my ne, I, cosmtred, s Cher, 36z -402. Acp Sir y apartments, to Ipcmns the m poor Dun m the les4� of BOOampa,r teen or 80'. or too gross goer area Al the manceral residential use or' t city that not subject II y lerlo r as I I'..II I: Ill 3 minimum Ili tp!MJl tip III' I sere, 11140. Rd I 1 L. 11 l and he Lots, h,11cdJi,,y 11 dd short art, Sol is is tin: title or the A Pori a d m, appllcaelp Story or It Io Ifellirs - as . d breakfast t mooments residential districts c or m a lot to which A Angle - family avelyeg is thr principle d , ig_ to exterior nit b fche ovoid by such to esmbl,hmel imam to c,ndtic ur character of Ire Wdlel, odmai r, ,ys to feu Ihi breakfast m establishment a bed and ,Rakfact to bay, in ran n site 6N manager cr have n comer premises rest up to elide dr me pmm,et, pmmt us to mn b msta for renal, establish a maximum soy m meeting trteen (I4) days, procedures List Into bap a p a and to ngecrAtem ex @riot Changes to a belong g mountain by a homrsey ,ball maimam Section 362411, 6azohnu Sorrier to apply ri g ti p 1 r t. t g 1 e t f l r r Stiff f py Ifot,tl s pp theccs and -1 1Cr ctI, Section 36.2423 Soldier t fi _ W dud rcgdmnrm for msr veIf adoor for outdoor smmge in oislrne, other tile, RA: Section 362424, parking of motor ,,hides In re,hmial district,. to eend me description or certain motor hisIn to elnmmam robe gInthe a fling ordinance. S. t n 36.2 -432, sk I: as p lecommunicationa fiadildiea And broadcasting t to l fy the purpose state _r, he chary He apple 6dry of the section to Pont ceM1aln IRStallamnson property and on public rlgms of way, but not certain micro fireless tamytie, to require a acepa0n or an amendmem ro zpdevNOOmet plan for any substantial range to certain ImIeS) telecommunications facl'les and to Subject certain orfluS requests tr certain pro'so no, Section 36.2 432m and (e) of [be sty code tC delete Jefortions no insur used -.4071 e Il hf[ for, tit. f uni ifigible fandings 'cost happy a.port Muf . existing ground equipment micro If factory. sit.Small cell tacitly . mail cod faof,y q .:st g strucWre, ooAIth fireless forcemmunkanono side, ,obsenllal on.... lover droadrdst mace gutted fewer entire mart, and monopole lower and to amend th, xcretion of collocation to mean the installation of certain equipment pr Joel Structure, for chat in....Job Pi a In upthle pubo on q tit r for uselones odudfin, A hiring I if ;torment I d need far r If tr ora n annyses . rrunning n nor all information f pal. t t I facilities SqUird, red rt Information p t p of t r pl certain lx,lftdi establishing a r vinevs 'I.f _ certain III and multook small col facilities, d sell certain g btann� a clarify exception for gt facilities Dr for amend gf at p'Ieatting a development clan for such othook and to set our me meorelaron bound at See time of application for the same III an ASIc ob,co hod E.amaten Report. lot a deremmeal plan: to Profit certain information front app nsurg for pertain ss Predicts, small cell facilities, kindless requests to expand, permitted or elglble fa0nldeveopmentepl as o1,1vor s, , lam a development a, glen, elerarons. a lanEvaape plan. an ASAC 0bsbprn0n Evaluation Report dommenta pate from transport medical It when ter parent yever brooder when a change In (ewer height Is prop f. to requirt a IS Lee P. an cation f c c' on,lr cocain prop rest .... for certain fammeA: m flIllumination it 'of SA es eemn t 1 except antler Como actioinstances and r . mg ' sXn ns designed in lesson me eiAp41 mpa of crci ,n avoid, , Section See 433, workshop,. !n men as me ha:rroum re gross floor aa ,imempal from 2.00010 40,00011rom feet; Section ad 2552, LEAD development disturbed area nfrrom ie000 squarrelo rt to 2soo"Land feet. Sec(on 362 622. Exempt lighting, or create exemptions for festoon lighting ndc l decorative Igo nq' Sect n 362629. D, reduce. to slid dmlmoons of decomave neon and feareonligled, Section 362E42. General landscaping and screening standards, to specify that open space may be permrl @d In Served circulation. materials for air circulation. and to ldenbly pntlomted or leuvemtl metal fruits as aaescent, anon. mat Is. S, cron ]61641, . ff G Lot ,cror 9 to P ly where suffering screening materials are chimed f renaming wall to specify therefore 40 percent open area for screening mechanical equipment. and to p c +p location arid materials far screening 'x buffeting certain types of wonks, telecommunications facilities and equipment. Section 161661, Applicability, to Inset statement < ...fling equRabl, treatment of signs regardless of of ssage tsigns increase the allowable situ to four (4) square feet to exempt temporary signs up to tit Una feet in a rood-pol district f m ta-magray is it estate signs and construction Sign, up to up to 6) square f, I t in o or tin or ang mal deacts Par thirty far Ill Liquids feet in cory RMr hole purpose district industrial dt or planned unit development district And certain temporary min th- t, 9 may African signs LIP Cr spooned pay, and certain signs al Ma recreational fCtyr e [tinm mrw from exemption c mfr t public igns I a muldpourprev a er lmadsri ft Section 361 -662. Definitions, to clarity the definition of on promises sign, to delete the definitions of political sign and sign set back. add amending the denmboo of snipe sign to include any act not a creased bybA qo nmpreotzrl body, and to Clarify the definition of remperaiy sign'. Section 34z663, Prohibit, signs, to or an selpp0n to the animated signs Front tmm Section By 661 CapprImAn of soon ida and number of tan- pe -eise5 sig, s. to Arai the mefbods of calculating sign area for certain sign, Section 362 669. Cheap IN, ropy signs and electronic read rbourd signs W clarity that say, display, does sit elude cednin saturation , and to establish nii Fare Illumination levels at g3 IOOlcandles. andA method for ralcnlaong net gmmIraann level, and Appendix A, definitions, W amend the definition of bed and breakfast and ,,,a,, la motor vemde and to deOne solar energy system. B. proposed annimen( to Ne Fee Cuban Idiom pf the City of Roanoke pursuant tO the authority set nedh In Section (52228606) of me cone of virginis 19501 as arm no( d_ Establish appWaticn review leis for .r,c 11 ca teleeprtmniratiuns hard, A file le Addrunces adopting for nd ,ells poor bad above shad be refund " upFn adoption by Ne City COUnch for Ne Cif_v 11leaguee. 1ne proposed mnflays mdable roc d,,,d in me Depaam no I Plane g. Printed x Development. Ruorr 170, heel C. iaylOr Muniopal dundng, and Omme at attp ) romp) of Lv' planning mmmissmn. Tina M_ Cu¢ Secmtary. eery Planning commpyon Aprap,ren by Lill cast ,, for property located at 1006 CrmpaI 0.Venue S.W., bearing OFlicial Is one N0. 110009. cored lam 1. Residential Mixed Denslly Distr¢L for a paJAl xceptiun pursuant to Section 362 31 i. ZDning. Coda of dre City of Roanoke (1919). as allendetl. to asI'J a dwelling, five amlly. Appkaz ghr by Diane Nancy an, sells I loceted It 539 Day Ayr am S.W.. bearing ORmial Tax Mae Nc. 1120319, Fred RM , Rcsidenfial Mixed Denslly District for A special roptlon pursuant to Sy Any, 361311. sinning, Code of the City of Remake (1979), as amended, [o e52bllsb a bed and breakfast. Application by Fort Knox Full Williamson, I[C, for property mcamd At 5all Wdbamspn Road, N.W.. and 5401 Williamson Road, N.E. bcnring Official Tax Map NOS. 22W2O2 and 22OO2A4. respetlwely, nod CLS. Commercial Large Site DisGtl_ for a pedal exception pursuant to Section 362211, aurora. Cost at lde Ciry of Rearoke 119791. as ngird r ,student a set' aFmge bu eddin_. Application lay Thus Ay, theta , Ll C. A property located at 3606 onsie road. $W -, brad fig China Cv Do" NF. 1100421 .Oned Cut count 'or dal exception pursuant m srcnan 362 -315. Comma. Code Oftbr City of ROancke 11979). as It. I, to establish ax , lay and J are udking estaid pl _o.. creating resdrFlal list, If airy Council will bolo a public bearing COnna M. P,, Spereary, on the aforesaid amendments on June City Boned Of pan, fig Anne it, I9, Zme. at 700 om., o Freeport as the 'natters 3av or ('61036) heard In me City enunml Cha mtier_ fourth find,, ROam u50, lost l fall" Municipal Building 215 Church Aoenue S. W.. RttanOM. Virginia . All. person WIN a reality rude Top rty special accommodation N attend paroapate m the public hearings strain contactIn' City CIeM1's idfnce at (Sap) 8&32541 at least sve days prix- [ofbn schetlulM public bean figs. Stephanie M. Mean Reynolds. MMQ GN Clerk The City of Rounole Board of Zoning Appeals all 3010 Willie hearings on June 13. 2018, It 100 pm.. or as sane thereafter s die matte rs play he heard. to mnsmer these awdcatmp, Augustine by Kristin Bunker for property located At 1211 Memorial Avedri 5 -W_ bean Og ORicial Tax no No 1330222. zoned RM -2, Residential Mixed Density District, for a special mreception pursuant to Section 362 au. nlnq. Code Of me Clty sit Roanoke (1979), As among, m esfai a 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 Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on June 11, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these proposed amendments to Chapter 36.2, Zoning, and the Fee Compendium of the City: A. Proposed amendments to Chapter 36.2, ZoninE, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: Section 36.2-205 Dimensional regulations, to reduce the percentage of street facing building facade required to abut or lie between the minimum and maximum front yards from 60 percent to 50 percent, and to exempt solar energy systems from maximum height regulations; Section 36.2 -31 I Use table for residential districts, to add small cell wireless telecommunication facility on existing structure as a permitted use in all residential districts and wireless telecommunications facility not otherwise listed as a special exception use in all residential districts; Section 36.2 -315. Use table for multiple purpose districts, to add short term rental as a special exception use, and meeting hall abutting a residential district, and meeting hall not abutting a residential district, as special exception uses in the MX district, to add wireless telecommunications facility, stealth, as a permitted use in all multiple purpose districts, to correct a printer's error, to add wireless telecommunications facility, small cell on existing structure, as a permitted use in all multiple purpose districts, and to add wireless telecommunications facility, not otherwise listed, as a special exception use in all multiple purpose districts; Section 36.2-316, Dimensional regulations for multiple purnose districts, to reduce the minimum lot area per residential unit (square feet) from 1,800 to 1,000 in the CN district; Section 36.2-322, Use table for industrial districts, to add Theater, movie or performing arts; Fdueational facilities, school for the arts; Wireless telecommunications facility, small cell on existing structure; and Wireless telecommunications facility, stealth, as permitted uses in the 1- 1,1 -2, and AD districts, and to add Wireless telecommunications facility, not otherwise listed, as a permitted use in the I -2 district and as a special exception use in the I -1 and AD districts; Section 36.2 -327, Use table for planned unit development districts, to add Wireless telecommunications facility, small cell on existing structure; Wireless telecommunications facility, stealth; and Wireless telecommunications facility, not otherwise listed; as permitted uses in all planned unit development districts; Section 36.2-333, Floodplain Overlay District, to add a definition of Habitable space, to specify data to be submitted to FEMA to maintain FIRMs, to establish a special exception process for changing a nonconforming use in a floodway to another use not permitted in the floodway, to specify certain types of non- residential structures that may be wet flood proofed, to specify that certification by an engineer or architect is needed for certain structures requiring a building permit, and to specify an additional condition that no new habitable area is created below the BFE plus two feet when an exception to requirements is considered; Section 36.2 -402 Accessory apartments, to increase the maximum floor area to the lesser of 800 square feet or 80% of the gross floor area of the principal residential use, and to specify that accessory apartments are not subject to consideration as a dwelling unit when determining minimum lot area per dwelling unit; Section 36.2 -405, Bed and breakfast and homestav establishments, to add short term rental establishments to the title of the section and the applicability statement; to require bed and breakfast establishments in residential districts to be on a lot on which a single - family dwelling is the principle use, and any changes to the exterior of the building occupied by such establishment maintain the residential character of the building, and to limit stays to fourteen (14) days; to require a bed and breakfast establishment in an MX or CN district to have an owner or on -site manager to reside on the premises, permit up to ten bedrooms for rental, establish a maximum stay of fourteen (14) days, and to permit meeting hall as an accessory use; and to clarify that exterior changes to a building occupied by a homestay shall maintain residential character; Section 36.2 -411, Gasoline stations, to apply landscaping strip requirements to gasoline stations in all districts and remove application of canopy limitations in the CLS and I -I districts; Section 36.2 -423 Outdoor storage, to add a requirement for improved surface for outdoor storage uses in districts other than RA; Section 36.2 -424, Parking of motor vehicles in residential districts, to amend the description of certain motor vehicles to eliminate redundancy in the zoning ordinance; Section 36.2 -432. Wireless telecommunications facilities and broadcastin towers, owers, to clarify the purpose statement, to clarify the applicability of the section to include certain installations on property and on public rights-of-way, but not certain micro - wireless facilities, to require a special exception or an amendment to a development plan for any substantial change to certain wireless telecommunication facilities, and to subject certain facility requests to certain provisions in new Section 36.2- 432(d) and (c) of the City Code, to delete definitions no longer used or needed and to add definitions of base station, concealment, eligible facilities request, eligible support structure, existing, ground equipment, micro - wireless facility, site, small cell facility, small cell facility on an existing structure, stealth wireless telecommunications facility, substantial change, tower, broadcast tower, guyed tower, lattice tower, and monopole tower, and to amend the definition of collocation to mean the installation of certain equipment on certain structures for communication purposes; to update application requirements for facilities, including requiring a development plan, deleting the need for certain computerized terrain analyses, requiring certain information for applications to locate small cell facilities, and requiring certain information for applications to expand, maintain or remove certain facilities; establishing a review fee for certain towers and multiple small cell facilities; and adding certain screening requirements; to clarify the process for obtaining a special exception for wireless facilities or for amending or creating a development plan for such facilities, and to set out the information needed at the time of application for the same, including an ASAC Obstruction Evaluation Report, and a development plan; to require certain information from applicants for certain wireless facilities, small cell facilities, and for requests to expand, maintain or remove eligible facilities permitted as of right, including a development plan, elevations, a landscape plan, an ASAC Obstruction Evaluation Report, documentation from a medical helicopter patient transport provider when a change in tower height is proposed; to require a review fee and an application fee under certain circumstances for certain facilities; to prohibit illumination of certain facilities, except under certain circumstances; and to require certain actions designed to lessen the visual impact of certain facilities; Section 36.2 -433, Workshops, to increase the maximum gross floor area permitted from 2,000 to 10,000 square feet; Section 36.2 -552, Basic development plans, to change the threshold of disturbed area from 2,000 square feet to 2,500 square feet; Section 36.2 -622, Exempt lighting, to create exemptions for festoon lighting and certain decorative neon lighting; Section 36.2 -623, Definitions, to add definitions of decorative neon and festoon lighting; Section 36.2 -642, General landscaping and screening standards, to specify that open space may be permitted in screen materials for air circulation, and to identify perforated or louvered metal panels as acceptable screening materials; Section 36.2 -647, Buffering and screening, to specify where buffering or screening materials are required for a retaining wall, to specify maximum 40 percent open area for screening of mechanical equipment, and to specify location and materials for screening or buffering certain types of wireless telecommunications facilities and equipment; Section 36.2 -661. Applicability, to insert a statement concerning equitable treatment of signs regardless of message; to increase the allowable size of address signs to four (4) square feet; to exempt temporary signs up to twelve (12) square feet in a residential district; to exempt temporary real estate signs and construction signs up to up to six (6) square feet in certain residential districts and thirty -two (32) square feet in any RMF, multiple purpose district, industrial district or planned unit development district, and certain temporary safety signs, and certain construction signs up to specified sizes, and certain signs associated with an outdoor recreational facility or similar facility; and to remove from exemption certain informational or public service signs in a multi purpose or industrial district; Section 36.2 -662. Definitions, to clarify the definition of on- premises sign, to delete the definitions of political sign and sign set -back, and amending the definition of snipe sign to include any sign placed in the public right -of -way and not authorized by a governmental body, and to clarify the definition of temporary sign; Section 36.2 -663, Prohibited signs, to delete an exception to the animated signs prohibition; Section 36.2-667, Calculation of sign area and number of on- premises signs, to amend the methods of calculating sign area for certain signs; Section 36.2-669, Changeable copy signs and electronic readerboard signs, to clarify that static display does not include certain animation, and to establish maximum night -time illumination levels of 0.3 footcandles, and a method for calculating such illumination level; and Appendix A. Definitions, to amend the definition of bed and breakfast and commercial motor vehicle, and to define solar energy system. B. Proposed amendment to the Fee Compendium of the City of Roanoke pursuant to the authority set forth in Section 15.2- 2286(6) of the Code of Virginia 1950), as amended: Establish application review fees for wireless telecommunications facilities. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http://roanokeva.gov/planningwmmission. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid amendments on June 18, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on June 13, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Kristin Dunker for property located at 1717 Memorial Avenue, S.W., bearing Official Tax Map No. 1330222, zoned RM -2, 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 Lila Kadariya for property located at 1006 Campbell Avenue, S.W., bearing Official Tax Map No. 1113008, 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 dwelling, two - family. Application by Diane Hailey for property located at 539 Day Avenue, S.W., bearing Official Tax Map No. 1120319, 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 bed and breakfast. Application by Fort Knox 5411 Williamson, LLC, for property located at 5411 Williamson Road, N.W., and 5401 Williamson Road, N.E., bearing Official Tax Map Nos. 2200202 and 2200244, respectively, zoned CLS, Commercial -Large Site District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a self - storage building. Application by Tony Avellino's, LLC, for property located at 3606 Franklin Road, S.W., bearing Official Tax Map No. 1100421, zoned CG, Commercial- General, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish an eating and drinking establishment, abutting a residential district. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, May 29, 2018, and Tuesday, June 5, 2018 Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission 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 alroanokeva.aov Donna M. Payne 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 donna.oavnek�.roanokeva. aov 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41174 - 061818. AN ORDINANCE establishing the fees for application review of wireless telecommunications facilities pursuant to Section 36.2 -432, Wireless telecommunications facilities and broadcastin k ti owers, of Chapter 36.2, Zoning 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, City Council has adopted amendments to Section 36.2 -432, Wireless telecommunications facilities and broadcastin¢ towers, of Chapter 36.2, Zonine, of the Code of the City of Roanoke (1979), as amended, to allow for the assessment of fees for application review of wireless telecommunications facilities. BE IT ORDAINED by the Council of the City of Roanoke as follows: L The fees for application review of wireless telecommunications facilities shall be as follows: (a) New facilities approved by administrative review or eligible facility requests that increase the height or width of a facility subject to administrative review shall pay a fee of $500. Other eligible facility requests shall pay a fee of $200. (b) Small cell facilities subject to administrative approval submitted in a single application shall pay a fee of 5100 per facility for first six (6) facilities, plus $50 per facility for facilities seven (7) through thirty (30). The maximum number of facilities permitted in an application is thirty (30). (c) Third party review of wireless telecommunications facilities when a tower facility is greater than eighty (80) feet in height shall pay the City's actual cost for consultant not to exceed $6,000. 2. The fees established by this Ordinance will become effective immediately upon its passage, and shall remain in effect until amended by this Council. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AtFEST: 'U Cityy Clerk. 0 Amrnd Fee C.m,, ndlnm f , 2018) d,,, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41175- 061818. A RESOLUTION directing amendment of the Fee Compendium; and establishing an effective date. WHEREAS, Council of the City ofRoanoke adopted by Ordinance on June 18, 2018, fees for application review of wireless telecommunications facilities pursuant to Section 36.2 -432, Wireless telecommunications facilities and broadcasting towers, of Chapter 36.2, Zoninz, of the Code of the City of Roanoke (1979), as amended; and WHEREAS, the Ordinance established an effective date of such amendments as of the passage of that Ordinance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the addition to the Fee Compendium of the following fees: New facilities approved by administrative review or eligible facility requests that increase the height or width of a facility subject to administrative review. Other eligible facility requests Small cell facilities subject to administrative approval submitted in a single application. The maximum number of facilities permitted in an application is 30. Third party review of wireless telecommunications facilities when a tower facility is greater than 80 feet in height. $500 5200 5100 per facility for first 6 facilities, plus $50 per facility for facilities 7 through 30. City's actual cost for consultant, not to exceed $6,000 Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. The above mentioned new fees will be effective immediately upon its passage, and shall remain in effect until amended by this Council. ATTE T: _ City Clerk. a- A,��,d rw r, 2C 18) 6, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Proposed amendments to the Fee Compendium of the City of Roanoke pursuant to the authority set forth in Section 15.2-2286(6) of the Code of Virginia (1950), as amended. Summary The Planning Commission held a public hearing on June 11, 2018. By a vote of 5 -0, the Commission recommended approval of the proposed amendments to the Fee Compendium. Background: Planning Building and Development charges a flat fee for zoning reviews for all building permits including permits for wireless telecommunications facilities ($25.00). Recent state code changes set caps for the permitting fees for wireless facilities that are substantially higher than the city's current fees. Considerations: The proposed amendments will increase fees for zoning reviews associates with wireless telecommunications facilities to align with thresholds set in state code and reflect the technical review that is required by these applications. The proposed fees that are proposed for applications for wireless telecommunications facilities are as listed below: New facilities approved by administrative review or $500 eligible facility requests that increase the height or width of a facility subject to administrative review. Other eligible facility requests $200 Small cell facilities subject to administrative, $100 per facility approval submitted in a single application. The for first 6' maximum number of facilities permitted in an facilities, plus application is 30. $50 per facility for facilities 7 through 30. Third party review of wireless telecommunications City's actual cost facilities when a tower facility is greater than 80 for consultant, feet in height. not to exceed $6,000 There were no questions of staff or public comment as part of the June 11, 2018, public hearing. Conclusions and Recommendations: Planning Commission recommends approval as the proposed Fee Compendium amendments will better match the level of effort involved with reviewing wireless facility applications and are consistent with thresholds established by state code. James E. Smith, Chair City Planning Commission Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV Ann Tina Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW. SUITE 456 ROANOKE, VA24011 Account Number 6011439 Oate June 05, 2018 Date Category Description AtlS t IC Cast Sworn to and subscribed before me this Tuesday, Legal Notices PUBLIC PUBLIC HEARING NOTICE Any public hearings advertised he 1 x447 L - 4,14664 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 PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 05/29,06/05/2018 The First insertion being given ... 05/29/2018 Newspaper reference: 0000761036 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU (ling Rep s tative Sworn to and subscribed before me this Tuesday, June 5, 2018 �fl�/ 1111 r Notary Public Q� ./.v ` • State of Virginia NOTAR %•:O "T • PUBLIC •�N- City/County of Roanoke ?AEG. #7777581 j My Commission expires Q ° 1 MY COP MISSION : C* ES 02 'Qc; %,lyFALTH 3F THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE n rlrll I' I„11' ell ni b I I I I I I 11 I I )1'. I I I o I I I l I nh, I 1r II 1 I 1 N 1n IhN Lryl M n I I I't Brl . >I. ChurrM1 v ;.W_ Ruaunkq V r ra II 11 um II l l�l 1 n 16 Be 1 nl P I rap I. it rp n R.n i2u,n rnI nvrn son, N l"IAf V I in I r, The eiry Of Roamke Planning Commission will Trial a "ob", M1eal.gl in Inns I. 2019. at l 30 pm_ n Prn Ibelyd b,. a, m. nl.ruery m,, is ep In [ sitln Nvzv nn"ad —I t lrn L: 1 C IL 1V.7 I. not tot c.tp "1 r Ile. A . Poo I nor editor In I pairs I se 2. 7orvny, of the Cost':," l IOr d" of p look (I ll, "191 of fly ruul,4 J. all u Ph inn "life Illnn rarle zrebunv lu Plate. l Iy kr n bly° foothill ..h J hilil make IM1e Sits ", ,',tong Imparter a act'nl wM ,lair indq r 1 rns01 1 n rrM1 ,rtl J 1 fit 11', u.l :ton ho rnrlird fly Ind L L tnh,, shl I Il t wb.1 a 11 Pill 16 1 .li [It o. g,nl 1 Patti it,, nil,., poor, ' stm Solis, ,, .ling heoun cond ruguimd to .that ,r lie ';;i* IM1e hlrrn 60m aph masrhtuln hoot yards 110 ra, In er Oert rnt and to enlpl z01'd 1 Sol ryslnn, hn,n mximmn heighllegulalionS at 362411, dso dhle for PI d n I a t 1 n t 1 all to II II Isstl f fill, at, Try. err P LL1 111 silt 1 1a qs toil r x rN.II mmumeab our hu6ry 71 I; xi a et" 1 rnvo.t p,r m uu r.5hlem,al nisbin,: I'Llann 361.311, use fable ill mmnpro puryuro dismdA 10 add seen "i'm .oral a ill ex l' I aprt eePOm and cerin9 Lall ahutrin9 a ""poster 11 .I. how d.. Ball nor netvmv ide t l d r I. n pt Mvd[ t t ltl wir (I : I I sr Ilk 'Llso Ild Purpose Topics, I reel a pr ter, error, to last So to'ammunia de lmfar" (anode ' elan I'll . n r tun, gern nee n Ifpl P p dso-rrs 1 to add telPaOmmu C (W5 foutd,, pot ameise li9ted, a a.I.eat exception ,nn, Zu ede purpose S5Mds1 S1111an 36.2 -316. nranaidend Toil Ill S,to mduaminepmm,u purpose In, 4nnr,. 1, :du it m 1.1:01 ,,. h,. r, ,a�e,r t l.oe o l"' PAo „rN d�;n, n.idnl r.n4n L I i) I . I , I I,Pa ,nnI lot I fill 111 1.1 If, , Te 1111 1 ll II „Ill alt I Ilia 1 I Ile, I I k I II ul 11 Still ro� I consta Iq n nuoull, ', lrrc I,rllt rleuld. or II 1 no I n 11,, 1, ) Itl tl I I as J I u o n 'Partial I Sell lot - I1`n11111 it z in Il I r I -2 1 1 1 1 a 1 III Istri[115: 11 = 1 1 I on of Srcban Ie x. In. use 4161„ ln. plamlyd un1l tlraemp1l 1t In,b lels.or ado WLrlasc 4a o¢rnrnllSoII sot IanL(v. I n I Y W 'tars sal tlfh: l,0 Wi,I•as l eletttrnn(u I oibmn lair LlY- rml nnuvwne florid' as penmm�l o,os m all Planned in if development dulrielc: SrcnOn 362IA1 flundplur all ifis n lnrI, n if dain to NH l r of 'Ine.t 1 n It B.,. nl,l 1 11Idn Inn I RM,, Ior"""..I All replmn pr11,, pla rhana Irr.la IolllIi non, of 1 ",m , Lhl r 1 tl' n i it Il ' 4 1'VSOI 1 Il rl II M1r ,111 11 11.1 I dal rrrtl ! bv- 1np M1l•r "Itl Por 1 , l ItoI 91 Id gO' L d ill sp -111 thin 0 I ta ill II ' bhh '1 ,led Below IM1r BGt Plus Iwo teal wll„n t Shortfall if, dr rr Poo u'mnI I I .. 5,tlrin 362111. q¢'essorr apddmenl , n In t (Itr far a h. Om Irsaer nl P00asV�arr in,I ur .11e of Nr gross f ar area al ILL p ¢p I 1 t d nor ill tl 1 Y I rt 1 dollaIL I IosdII0n r amt when .retentanmg nlinimaan Im,Ir,1a pr. JI, 11, am: Se ection '11405. Bell 1111J for, aklaol and h0mesh, .aabnshmpm, to ted 'd•tdto" folloo exactions,nmLn.� apPliatobtr slalemeot�b. mpnrte fret antl brraklasl esblbli`pm np 1 t l tl l l[ I b[ b ii gal 1 ly 1 II g d p :pal tl y M1 yst m t ar .f tM1. b 'If g up bW y rvN e4 bl hoe 1 Yn1a1 etato mit scars io�lrnl neii'Il llaevs: t bl IlidenuL an M%nr Gar dsGCl 1 d hall an Owner pr on - stnmana to re tit on the preen sus, permt up 1. Pan bedrooms for rental, establish lse o mallm.m stay di ud”, Qd) ddys, anessmr arse all lrto daslirr may eMttim changes to a bu11111n11omp It BY a houreslay step mama., I, I fiarl 11, . 1 111 la cien.. I pplY t inp r I' I u,rn 1 ,, rr III.. noun of Pul ulal II I I I I 'IS Ill p 4npull II If 121 too l,loin arlonal lu Itl I for p 1 tlar II ,Ina l' I111 Id, un I In RA S'.2' S'.2'al 362414 lorlouch of ditiol h11 fixtues, 1 nd PIL or sfi Lear iIousn, ,,It adid, a In nl'rmuck, to ILL anryinIM1r romp" mhard', ,urinal 362 -432, wimlrgs piecarriampurandris Iacilllips and a notilnslin4 fall to to elanly and u mace mt:mnl to I rar Ify or Strip op,Pipe of Nr seehan In IneluM p1finn instaPdlio 1, oo pmpertyarid nn al. blr[ n0msor -way, bon .,,1( 1, Iraln ad al 1 I't in e l. r atlnvrlov p a ,nndm vrtl ylr a plan 10 ,Iry subeslanl,I, ', Mato t to u hat on tariff t t� ,T i ace,I IviIDn marbly rerm,Slt It 11 fair Pranerone it I So I..w.. 362 4PLO Pull 1, Itte fit, Lou, -.. Iltu If 1 I„gr 1 Irif und 1 II 11, lot To o of, , f,n. 1 ,, ilmdrof tfter,hif M1elt, aefa,, t Jbe delfralt stnehr' warpli Ss ld[Ity, 911' 11 11¢al fandly, all cell 1111 tY Spot, xst ,g l mwre z11 h wr ka trleCO ad . carbons dy. sO Talent ialntllange tower, b InJ arCil '�l town', onvetl lowrp ratlio, Into, and ton to,ole tower, and to end O. detinhan of mcea0nn Ip man tbn uutallation of certain fpuipment n certain slmnWms Ipr eo malmn purposes to update anaPPliwdon m ( I It Itl 9 thll o't�d h —non PI f I toot rr it,, "I ila�n ,�PPltee�asyer cllrzm" man oral Iacddiez and regulrin0 c,oli into, taboo IOr appnraLnnS e. riPin��s as�feh�ar ,mar cnda,�I rnna,n rowers and muwrPlr� smailtttr�u Iacrl rei and edtliny pvtain sveening reeniremrn 11 toelanly meolishs fit t Sip p I pf r ,, I'1 g t 0 1 TOP t PI ( 1 I 11 s It [ IIM1e f na10 ed0d a( (he :toil 01 appllc Ire or me come incmmng an "sac aeMOpmemfpl oalde l�OaZ sn" I t f ',pool his rr w less flippant ' an cud I lion and for rep e$5 t0 expand andurcen or refined d 9 b1e laolilles 0 inland as oigM, Iadlutling a tledoIOpmentplan olevafi0ns, a Iandeff plan, 11 it truclon, La nert Ion e".an n eddin" entrance patient t,,i provider when a change m tower hPi,ht !s .Ignraln a.t1o:, o lit,' to ,, rrdnd Ia�da.. into 11 rouncial t1. Llull ant, nt ,it I lnl �tls 11 I 1 x 11 �1, J rr L I n If1elpl, atII I I it Sa1A W I ay l 1, So I ), ind LI if PI r, , tt`I I , za0a 1n tarpon llIIIIr I¢`I Sit I I se 311312 Aire Neva In t PM1nI 1ht 11 pe the lhn',hoad of tlmurbrd men front a 000 nu n, It In pod 5111ntr Ieet So Litho 36.2622 IS(nice 6ghrup In ',mill " ' X( upfulp for didell fief ,d lellaul I'Llulfirle dolt I: 51 , LIP. 36.2 -en. Delfn ms to rill deductions of dreospoS, mop and frsto.an arlit to Srcl 362642 Ith M1nIMCP 9 loll S t 9 stalndi its. L, Cp c IY mar l . n,, l to 1. 11 r ill ld It P.fpe t d��or fr v ,rd 11"oh D,Inas as as ( frobn• ., t L, on, mptirrals. 1 "t )61 sal. do or an, Lot a I 1 i y. IY offirrIL Podia Sig u flLar' r Imr rr 1 gn y Will to sports m 40 P5 I.P.n tr ilr. .rd tl necbanoil .Pon So,h and•In call n il 9„ drifern, ,rial Nees in e Ie, klec u cations IaciliUCS and enupmwbnr Section 362661, fropi—biLly, 1) mart statement onto earn .....table Treatment nl signs reganllnss nl of `1111,11 tol",111, me allowable s.zr 9 1 can (4) sgwn 1 1', 1 PI 1. P Y zg o to reserve fi n l I t old, ,lal dsmrc to colonel tlmP l,, cal stain signs unit tslnrdmt IIgn5.P I m P oP Io sx (6) sa.a e Peel m to lain nsm,ratial NStlgs and mmAlwo n2, sp.am rem any if m.dbP1. Purptm district, mdamal district Ppanel pull drveiopment relief ant m c m rtafn temPlcnim,alesg and LIP I' s Per i.Led s �e ttrtm and u 9gns [land as ouldser can don,i P ltd l I'ay; to anyone IcrM 1 P If Pt ,,n a Ifu pstardaoso-al Secret�w sold On 362 -662 Detroit on, t. clar,ty Nil f S T f D mdse gn, la a lete the r 0 'f f what 1 sign d 19 1 -b k d e d' g the demo tilt of fl pe S gn to ndris any ,-got Placed do Ibe Du lo, right of ,, and not authorized by a 9 ..rnmental hotly. and to clarity the definition of temporary sigh Sprint 362663, Prohibited sden5,l0 octal, on exception in Ibe ammaNd .r all NlnLnu, 11 1 Is, I liclunlil l ndn . I I rnlI ul rn. pry �agn �i l -nit Ihr nu.l llutl, aluc.11r ulna ny .min neat lur amt am ripna. Sernun 11,2 4,11 Clmogrvator Ir, qn, Intl rlrrbnnir rra let ;vrlm lo elands Ihal olal¢ display rlury nut rit lutlo rrrlanI i I I I nrnhurI Intl Is reTII,II m01 1T IlaI I.,��I If o.3 IT o I c a I I dly s. mnlra mama r mabnp nlunrlrratron lrvl:amlr W m such apnnnu a. Ur'llla bmn, In 'ntl Ill y de gliniliun ulbrtl amlltrn. and Intl Clad mulnr .t. s and In Inno rlrlinr cular enrryV sVgrrn. R VmNrsed neirt to rho For ComprnNum ul the qly ul Roo nnkn nnrsuaI ro lhr oulhonry sel IUrlb In 5a in III I5.D2186(G) of I'll If's ul Virglma 19501. as arnrntlnf. Frinbllt ll appal alma rrvuw rero fm wrI � n,:lrmn,ln�nonrrabnm. lard nIf s Ihr nr(hrr,mr rt aarryb nn Ike P'rby G iI.a lnrtl abo,. 1hrbl br drrliu 110(1 ndupbel by n I It ..annul lol lhn cnvalair k.. vandal, Inr rrvnwlm "br Trrpnd nl�nl al pinn170 tludtlmp. h Urvrinpmcnl. Rnnm ISO. i", C Taylor Munrcip,J Rudrhng. am anlnir al hltPe manokera400 /plan mo cmnnnsslon. I I, M.fCart. Sec until, GIy planning [Ity DOpn[11 wdl hold o pebbc brormq on the almcsald amendmrnls on luny 14 10IR, al I:O0 p M. nr IN rI 1 me marl a may rb hrar4 in the Gty C,I.Ts, Chin, , be fluor. Rppm asa NoaI C. favler Maruupal Ducain9."I chplrn a,,r 5is ROansio air. mia Any ITrsun wnn a disability rerwrnlg ally sue vial a mndadan In anend r pameipam I�md RIbec heanngz stupid for act the City Clerk's offairat U`am "''so1 at lead fiYe days pdnr In he sCherwled public heanngS SITphanie no MOIL Reynpld, . MIT Ciry Clerk The City or "1"1 Baas 8f Zoning Appeals will hold public Nsrings ae luxe 13, 2018, 11 101 p,1 or as sop, Iherrat" d1 tire manor, may be hIIrdto wosidPr the,, applicable., amputation by ensue Dunker for popery located at 1717 Memedal Aubi 5 W., areas, C pfial Tar Map No- 133022 3, zoned RM -2, Residential Murd DIns ty DaWynt. for a special eyeful pursuant to 5ecfion 36.2 -311. learn,, Codr of the City of Roanoke (19)97, a arlial to establish es a hom " a Ali IT LlI kntlau ya i,I prnprpy lucak11 IT I'll elmyhII All nge. S.W.. b,'ar mil Cut al lee Map Nrr III'bbP ilnPrl RM I. "T 1' M rtxl pepoly "enisI, lur 1 rp, cI pbnn pru gnnl to IT l an 1L, I. 't 1"' Coal c of nlu GIs nl Roacto (1979) . a ndal, bi rq abinb a III b+lanndy. aupbeanen by Dwrn. raaev its art I I memr.rl at 539 Tray W -, 5.W., bit no I)II lax Map on IIID311), zpned RM -L FIT scha ml Mised Depsiy D.Iryb for per al e pu epd n tt anlln 5cellon� 163311. 2uninp, Code of the City at Roanuke (1919).11 Inleptlee.m ...L fult, a bad and brvakfat applleabon dy Fod Rnuv 5011 barlou snq LLC far property loctr(I 11 5411 Wdliamsun Anatl. N.W.. Ind 5401 Williamson Ranh N.6, brann9 (shoal Tar Map Noc 22102111 and 220024ar I ousty,1,, k CIS. Con am -Large Srle 1b,tu, tot I cpeaai re ,tenon pgr alrl to Si, f6zaI zonnux doll�r�al Na e nry n Rwnokr (19191, T11, 1, ^ s(abl"ll isrlf ;l prapp bu5dng appinalun II dolt melhmi„ Ile, nn pmnedr wr.den at 36or Franklin Read. SW, brvarb, Coital LT, Map NI I10(1a21. and CG Cnanneroal far spec t, I, an prrrIDdlll to S(t)un 361311, Rick ing, Catle oflfir Cily of Rnanoke(19 /9y a, ended, fo ortablisb an eating and Ii asttrict menL nbutllnp a residential tl6tntl. pound M. bays, Serrelu, City Board of Onino are, yi6 1151.01 z THE ROANOKE I M6. Tuesday, May, 29, zola 6s � 6!Hit p till 5 s x 11111,1 � k �0.a Y� rill U n a44 A m it "gic � g si x$a q IQ�`S Al �R x €#�a aas s & %�.6x all' #g8�g�fis 63 i5 s �, ayg s s fi §ax.s° a gA e"p3 a� a a� l a$s �as 3�g g a Ss R 9. � „ MIT aBg s 1R°; a a s §a H3g a s S " s s n i " l€s I a s a M s 10 141 ;.Man 310 in axa5 y§ g im PH 3 si S S oil WNINRRI a� gsaa aka asaR %'', #dsyy .€ 2'R 3s a� -3n 3im -? 4aF 633 inn a_ � maw ae __.r.�a¢ X6..8 " ^33,a�v e_ °.-. 3aa VI 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 Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on June 11, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these proposed amendments to Chapter 36.2, Zonine, and the Fee Compendium of the City: A. Proposed amendments to Chapter 36.2, ZoninE, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: Section 36.2 -205, Dimensional regulations, to reduce the percentage of street facing building facade required to abut or lie between the minimum and maximum front yards from 60 percent to 50 percent, and to exempt solar energy systems from maximum height regulations; Section 36.2 -311. Use table for residential districts, to add small cell wireless telecommunication facility on existing structure as a permitted use in all residential districts and wireless telecommunications facility not otherwise listed as a special exception use in all residential districts; Section 36.2 -315. Use table for multiple purpose districts, to add short term rental as a special exception use, and meeting hall abutting a residential district, and meeting hall not abutting a residential district, as special exception uses in the MX district, to add wireless telecommunications facility, stealth, as a permitted use in all multiple purpose districts, to correct a printer's error, to add wireless telecommunications facihiv, small cell on existing structure, as a permitted use in all multiple purpose districts, and to add wireless telecommunications facility, not otherwise listed, as a special exception use in all multiple purpose districts; Section 36.2 -316 Dimensional reeulations for multiple purpose districts, to reduce the minimum lot area per residential unit (square feet) from 1,800 to 1,000 in the CN district; Section 36.2 -322, Use table for industrial districts, to add Theater, movie or performing arts; F,ducational,facilities, schoolfor the arts; Wireless telecommunications facility, small cell on existing structure; and Wireless telecommunications facility, stealth, as permitted uses in the 1- 1, I -2, and AD districts, and to add Wireless telecommunications facility, not otherwise listed, as a permitted use in the 1 -2 district and as a special exception use in the 1 -1 and AD districts; Section 36.2 -327, Use table for planned unit development districts, to add Wireless telecommunications facility, small cell on existing structure; Wireless telecommunications facility, stealth; and Wireless telecommunications facility, not otherwise listed; as permitted uses in all planned unit development districts; Section 36.2 -333, Floodplain Overlay District, to add a definition of Habitable space, to specify data to be submitted to FEMA to maintain FIRMS, to establish a special exception process for changing a nonconforming use in a floodway to another use not permitted in the floodway, to specify certain types of non - residential structures that may be wet flood proofed, to specify that certification by an engineer or architect is needed for certain structures requiring a building permit, and to specify an additional condition that no new habitable area is created below the BFE plus two feet when an exception to requirements is considered; Section 36.2 -402, Accessory apartments, to increase the maximum floor area to the lesser of 800 square feet or 80% of the gross floor area of the principal residential use, and to specify that accessory apartments are not subject to consideration as a dwelling unit when determining minimum lot area per dwelling unit; Section 36.2 -405 Bed and breakfast and homestay establishments, to add short term rental establishments to the title of the section and the applicability statement; to require bed and breakfast establishments in residential districts to be on a lot on which a single - family dwelling is the principle use, and any changes to the exterior of the building occupied by such establishment maintain the residential character of the building, and to limit stays to fourteen (14) days; to require a bed and breakfast establishment in an MX or CN district to have an owner or on -site manager to reside on the premises, permit up to ten bedrooms for rental, establish a maximum stay of fourteen (14) days, and to permit meeting hall as an accessory use; and to clarify that exterior changes to a building occupied by a homestay shall maintain residential character; Section 36.2 -411. Gasoline stations, to apply landscaping strip requirements to gasoline stations in all districts and remove application of canopy limitations in the CLS and I -I districts; Section 36.2 -423, Outdoor storage, to add a requirement for improved surface for outdoor storage uses in districts other than RA; Section 36.2 -424. Parking of motor vehicles in residential districts, to amend the description of certain motor vehicles to eliminate redundancy in the zoning ordinance; Section 36.2-432, Wireless telecommunications facilities and broadcasting towers, to clarify the purpose statement, to clarify the applicability of the section to include certain installations on property and on public rights -of -way, but not certain micro- wireless facilities, to require a special exception or an amendment to a development plan for any substantial change to certain wireless telecommunication facilities, and to subject certain facility requests to certain provisions in new Section 36.2- 432(d) and (e) of the City Code, to delete definitions no longer used or needed and to add definitions of base station, concealment, eligible facilities request, eligible support structure, existing, ground equipment, micro - wireless facility, site, small cell facility, small cell facility on an existing structure, stealth wireless telecommunications facility, substantial change, tower, broadcast tower, guyed tower, lattice tower, and monopole tower, and to amend the definition of collocation to mean the installation of certain equipment on certain structures for communication purposes; to update application requirements for facilities, including requiring a development plan, deleting the need for certain computerized terrain analyses, requiring certain information for applications to locate small cell facilities, and requiring certain information for applications to expand, maintain or remove certain facilities; establishing a review fee for certain towers and multiple small cell facilities; and adding certain screening requirements; to clarify the process for obtaining a special exception for wireless facilities or for amending or creating a development plan for such facilities, and to set out the information needed at the time of application for the same, including an ASAC Obstruction Evaluation Report, and a development plan; to require certain information from applicants for certain wireless facilities, small cell facilities, and for requests to expand, maintain or remove eligible facilities permitted as of right, including a development plan, elevations, a landscape plan, an ASAC Obstruction Evaluation Report, documentation from a medical helicopter patient transport provider when a change in tower height is proposed; to require a review fee and an application fee under certain circumstances for certain facilities; to prohibit illumination of certain facilities, except under certain circumstances; and to require certain actions designed to lessen the visual impact of certain facilities; Section 36.2 -433, Workshops, to increase the maximum gross floor area permitted from 2,000 to 10,000 square feet; Section 36.2 -552, Basic development plans, to change the threshold of disturbed area from 2,000 square feet to 2,500 square feet; Section 36.2 -622, Exempt liehtine, to create exemptions for festoon lighting and certain decorative neon lighting; Section 36.2 -623, Definitions, to add definitions of decorative neon and festoon lighting; Section 36.2 -642, General landscaping and sereenina standards, to specify that open space may be permitted in screen materials for air circulation, and to identify perforated or louvered metal panels as acceptable screening materials; Section 36.2 -647, Bufferine and screenine, to specify where buffering or screening materials are required for a retaining wall, to specify maximum 40 percent open area for screening of mechanical equipment, and to specify location and materials for screening or buffering certain types of wireless telecommunications facilities and equipment; Section 36.2 -661, Applicability, to insert a statement concerning equitable treatment of signs regardless of message; to increase the allowable size of address signs to four (4) square feet; to exempt temporary signs up to twelve (12) square feet in a residential district; to exempt temporary real estate signs and construction signs up to up to six (6) square feet in certain residential districts and thirty -two (32) square feet in any RMF, multiple purpose district, industrial district or planned unit development district, and certain temporary safety signs, and certain construction signs up to specified sizes, and certain signs associated with an outdoor recreational facility or similar facility; and to remove from exemption certain informational or public service signs in a multi purpose or industrial district; Section 36.2 -662. Definitions, to clarify the definition of on- premises sign, to delete the definitions of political sign and sign set -back, and amending the definition of snipe sign to include any sign placed in the public right -of -way and not authorized by a governmental body, and to clarify the definition of temporary sign; Section 36.2 -663, Prohibited signs, to delete an exception to the animated signs prohibition; Section 36.2 -667, Calculation of sign area and number of on- premises signs, to amend the methods of calculating sign area for certain signs; Section 36.2 -669 Changeable copy signs and electronic readerboand signs, to clarify that static display does not include certain animation, and to establish maximum night -time illumination levels of 0.3 footcandles, and a method for calculating such illumination level; and Appendix A. Definitions, to amend the definition of bed and breakfast and commercial motor vehicle, and to define solar energy system. B. Proposed amendment to the Fee Compendium of the City of Roanoke pursuant to the authority set forth in Section 15.2- 2286(6) of the Code of Virginia 1950), as amended: Establish application review fees for wireless telecommunications facilities. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http://roanokeva.gov/planningcommission. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid amendments on June 18, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on June 13, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Kristin Dunker for property located at 1717 Memorial Avenue, S.W., bearing Official Tax Map No. 1330222, zoned RM -2, 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 Lila Kadariya for property located at 1006 Campbell Avenue, S.W., bearing Official Tax Map No. 1113008, 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 dwelling, two - family. Application by Diane Hailey for property located at 539 Day Avenue, S.W., bearing Official Tax Map No. 1120319, 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 bed and breakfast. Application by Fort Knox 5411 Williamson, LLC, for property located at 5411 Williamson Road, N.W., and 5401 Williamson Road, N.E., bearing Official Tax Map Nos. 2200202 and 2200244, respectively, zoned CLS, Commercial -Large Site District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a self - storage building. Application by Tony Avellino's, LLC, for property located at 3606 Franklin Road, S.W., bearing Official Tax Map No. 1100421, zoned CG, Commercial - General, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish an eating and drinking establishment, abutting a residential district. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, May 29, 2018, and Tuesday, June 5, 2018. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission 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 ahoanokeva.gov Donna M. Payne 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 donna.oavne(iroanokeva.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 rJ � IN THE COUNCIL Ot' THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41176- 061818. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ("Contract ") between the City of Roanoke, Virginia ( "City"), and Old School Partners II, LLC ("Buyer "), to sell to Buyer a portion of approximately 0.2307 acres of a City -owned property, together with the Building situated thereon, known as Historic Fire Station One, located at 13 Church Avenue, S.E., Roanoke, Virginia, designated as Official "fax Map No. 4011706, but excluding approximately 0.027 acres, more or less on which the City's trash compactor is presently situated, and the trash compactor situated thereon, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on June 18, 2018, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE ff ORDAINED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to execute a sales Contract, substantially similar to the Contract attached to the City Council Agenda Report dated June 18, 2018, to sell to Buyer a portion of approximately 0.2307 acres of City -owned property, together with the Fire Station One building situated thereon , the real property known as Historic Fire Station One, located at 13 Church Avenue, S.H., Roanoke, Virginia, designated as Official Tax Map No. 4011706 ( "Premises "), but excluding from the Premises approximately 0.027 O- Au,honvc comacl between Crzy end Old School Partners II, LLC (13 Church Ave SF) ((, IS IS, acres, more or less, on which the City's trash compactor is presently situated, and the trash compactor situated thereon (collectively, the "Compactor Parcel ") for the purchase price of $100.00, upon certain terms and conditions, as more particularly set forth in the above - mentioned Agenda Report. The portion of the Premises, excluding the Compactor Parcel, is hereinafter referred to as the Property. 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract, and complete the sale and transfer of the Property to the Buyer. 3. The City Manager is hereby authorized on behalf of the City to negotiate, finalize, execute and accept a Guaranty Agreement, substantially similar to the Guaranty Agreement attached to the Contract, as required by the terms of the Contract, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release the Guaranty Agreement in accordance with the terms of the Guaranty Agreement. 4. the City Manager is hereby authorized on behalf of the City to negotiate, finalize, execute and accept a Historic Preservation Easement, substantially similar to the form of Historic Preservation Easement attached to the Contract, as required by the terms of the Contract, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be O- AUlhovi>e comma ncmecn cry and Old S,h I N,m, IL 1A C (13 Churtl, A,, s6) (6.1x.18) 2 necessary to implement, administer, enforce, and release the Historic Preservation Easement in accordance with the terms of the I listoric Preservation Easement, 5. The City Manager is hereby authorized on behalf of the City to execute and accept a Letter of Credit, if applicable, substantially similar to the Letter of Credit attached to the Contract, to secure payment and performance of the Contract by the Buyer, as required by the terms of the Contract, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release the Letter of Credit in accordance with the terns of the Letter of Credit. 6. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Buyer pursuant to the Contract. 7. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST A; ,, City Clerk. o- AUlhorive eentrad beMecit car and Old School rertners It LLC (I3 chomh Are, SE) (6.18.18) 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: ,June 18, 2018 Subject: Purchase and Sale of Real Property located at 13 Church Avenue, S.E., Roanoke, Virginia 24011 Background: Old School Partners II, LLC (Purchaser), a Virginia Limited Liability Company, has submitted a proposal to acquire an approximately 0.2307 acre portion (Property) of a City -owned parcel located at 13 Church Avenue, S.E., Roanoke, Virginia 24011 (Tax Map No. 4011706) (Premises) from the City of Roanoke (City) for $100.00, and other consideration and performance obligations of Purchaser. The 13,396 square foot building, known as Historic Fire Station One (Building) located on the Property, has been vacant since 2007. As set forth in its proposal titled "Development Proposal for Repurposing Historic Fire Station #1," dated February 1, 2017, Purchaser intends to renovate the Building to include a combination of retail, light manufacturing (limited to workshop, maker space, etc.), hospitality, and certain types of live entertainment. The remaining portion of the Premises, approximately 0.027 acres on which the City maintains a compactor for use within the Downtown Compactor zone, will be subdivided from the Premises and will be owned by the City. Purchaser has agreed to several contractual provisions in exchange for the nominal purchase price. These provisions include: (])a restrictive performance covenant requiring Purchaser to invest a minimum of $2,000,000.00 (including soft costs, building construction, and equipment) in renovation of the Building; (2) a performance guarantee of $250,000.00 in the form of a Letter of Credit in favor of the City by a bank qualified to conduct business in the Commonwealth of Virginia; (3) unconditional personal guaranties from members of Purchaser to personally reimburse City up to $250,000.00 should actual investment be less than $2 million; (4) that Purchaser can make no substantive changes to the mix of uses for five (5) years after Substantial Completion without City's consent, in City's sole discretion; (5) placement of a Historic Preservation Easement by Purchaser on Property to run in perpetuity and that will have first priority over all liens, encumbrances, and restrictions. This Easement will be completed and finalized between Buyer, City, and the Virginia Department of Historical Resources during Buyer's Due Diligence Period; and (6) a provision granting the City a Right of First Refusal to repurchase should Purchaser seek to sell the Property. Under State Code, City Council is required to hold a public hearing to consider the sale of City -owned property. City Council has authorized the City Manager to set a public hearing for June 18, 2018 at 7:00 p.m. Notice of the public hearing was advertised in The Roanoke Times on Monday, June 11 , 2018. Recommended Action: Open the public hearing to receive comments regarding the proposed Contract for Purchase and Sale. Following receipt of comments from the public hearing and, after consideration of the comments received from the public, adopt the attached ordinance authorizing the City Manager to execute a Contract for Purchase and Sale between Old School Partners II, LLC and the City of Roanoke, substantially similar to the Contract attached to this Report and authorizing the City Manager to execute such further documents, take such further actions as may be necessary to accomplish the above matters and perform in accordance with the he Contract. All documents are subject to approval as to for th rtorney. - - -----'—' ' - -- ---/----------- -------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Rob Ledger, Acting Director of Economic Development Amelia C. Merchant, Director of Finance DRAFT: June 11, 2018 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract for Purchase and Sale of Real Property ( "Contract ") is dated June 2018, by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City "), and Old School Partners 11, LLC, a Virginia limited liability company ("Buyer"). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 13 Church Avenue, S.E., Roanoke, Virginia 24011, Official Tax Map No. 4011706, containing approximately 0.2307 acres, together with all improvements thereon, as shown and described more particularly in the attached Exhibit 1 ( °Premises "); WHEREAS, Seller is desirous of selling a portion of the Premises more particularly described in Exhibit I -A attached hereto and made a part hereof ( "Property "), including the building located thereon ( "Building "), but excluding approximately 0.027 acres, more or less on which the City's trash compactor is presently situated, and the trash compactor situated thereon ( °Compactor Parcel "), to Buyer and Buyer is desirous of acquiring such Property including the Building in accordance with Buyer's Proposal, as hereinafter defined, and Buyer is desirous of purchasing the Property and developing the Property in accordance with Buyers Proposal; WHEREAS, Buyer represents to Seller that Buyer shall renovate the Building to provide an adaptive reuse that is of economic development value to the downtown, surrounding community, and City of Roanoke as a whole, encourages local entrepreneurship and is subject to City Real Estate Taxation in accordance with the terms of this Contract; WHEREAS, Buyer anticipates that the Building will be renovated to include some combination of retail, light manufacturing (workshop, maker space, studio), and hospitality uses; and WHEREAS, Seller will sell the Property to Buyer for a reduced price provided Buyer fully complies- with certain terms and conditions as set forth in this Contract and if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for the amount set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the panics hereto, Seller and Buyer hereby agree the above recitals are hereby incorporated into this Contract and that they farther 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: Droll 0404'018 DRAFT: June 11, 2018 Building: An approximately 13,396 square foot facility currently located on the Property, in its current condition. Buyer: Old School Partners 11, LLC, a Virginia Limited Liability Company, 450 South Church Street, Fincastle, VA 24090. Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned renovation of the Building to include some combination of retail, light manufacturing (workshop, maker space, studio), and hospitality uses, as set forth in a document entitled "Development Proposal for Repurposing Fire Station #1;' dated February 1, 2017, prepared by Old School Partners, a copy of which is made a part hereof and marked as Exhibit 2, together with such supplements, additions, and amendments thereto, as are approved by Seller, that Buyer shall provide additional details with respect to the Project. Project will be built in substantial conformity to the proposal, as modified though the Due Diligence Period. A revised proposal, as reviewed and accepted by Seller, shall be incorporated herein at that time. 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 the Buyer. Closing Date: The date provided for in Section 11 hereof for the Closing. 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 60 days after the Closing Date. Compactor Parcel: The portion of the Premises depicted on Exhibit 3 attached hereto and made a part hereof, on which the City currently operates and maintains its trash compactor for use by the businesses and residents situated within the applicable downtown compactor district. Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by Buyer. Contemplated Use: The development of the Progeny and Building by Buyer to include some combination of retail, light manufacturing (workshop, maker space, studio), and hospitality uses limited to hotel rooms, a tasting room, and Live Entertainment, or as adjusted during the Due Diligence Period with the approval by Seller in accordance with this Contract, to be Substantially Completed not later than 24 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 Restricted 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. Drell 04 04 X018 DRAFT: June 11, 2018 Due Dilieenee Period: A period of time commencing upon the full execution of this Contract by all parties and expiring 180 Days thereafter, or any extensions as herein allowed, during which time Buyer shall evaluate the Property. Governmental Authority: Governmental Authority means the United States of America, the Commonwealth of Virginia, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the construction, development, occupancy, use, and operation of the Building as contemplated in the Project. Guaranty: The unconditional guaranty of all obligations, agreements, and promises of Buyer under this Contract from the Members, in the form of Exhibit 4 attached hereto and made a part hereof. Historic Preservation Easement: The historic preservation easement to be granted by Buyer to the Virginia Department of Historic Resources ( "VDHR "), as the agency chosen by Buyer to manage and implement the Historic Preservation Easement, at the Closing, and in the form of Exhibit 5 attached hereto and made a part hereof, subject to such other terms, conditions, and provisions acceptable. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Live Entertainment: Musical or theatrical performances presented by persons in a live setting and in compliance within the Building at the Property with all applicable laws, rules, and regulations. Mana -ers: The persons who are designated by Buyer's operating agreement or by other organizational documents of Buyer to manage the operations of Buyer. As of the date of this Contract, the Managing Member is: David P. Hill. Members: The persons who own an interest in Buyer. As of the date of this Contract the Members are: David P. Hill, Dale Wilkinson, and Greg Rhodes. Permits and Approvals: All perils, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the Building as contemplated in the Project, including, without limitation, all permits, approvals, consents, and authorizations by all federal, state, and local agencies, boards, or commissions having jurisdiction over buildings and properties of historic significance, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Performance Security: Performance Security shall be a letter of credit that shall be substantially in the form of Exhibit 6 attached hereto and made a part hereof, in the principal amount of $250,000.00, issued in favor of Seller by a bank or credit union qualified to conduct business in the Commonwealth of Virginia and with an office in the City of Roanoke, Virginia, which is to be delivered at Closing and shall serve as security for the performance of Buyer's IlrvB W 04 20 18 DRAFT: June 11, 2018 Post- Closing obligations to Commence Construction Activity and to Substantially Complete the Project in accordance with Buyer's Proposal identified in Exhibit 2.. The terms and conditions of the Performance Security are more specifically set forth in Section 12 of this Contract. Plan or Plans: These terms mean the design plans and/or drawings and /or other documents as approved by the City of Roanoke's Department of Planning, Building, and Development. Premises: The real property, including the Building, located at 13 Church Avenue, S.E., Roanoke, Virginia 24011 and designated as Official Tax Map No. 4011706, and containing approximately 0.2307 acres, more or less, which is shown on and made a part hereof as Exhibit 1. Protect: This term shall mean and include renovation work Buyer will do on the Building as well as any related and /or connected work that may be required and/or done on any part of the Property, in addition to the Building which will result in a mixed use development containing approximately 13,396 sq. ft. of space for the Contemplated Use, the specific composition, allocation, and arrangement of which will be determined by Buyer, and approved by the Seller, all in accordance with the terms and provisions of this Contract. Any use, other than as identified as a part of the Contemplated Use during the five years following Substantial Completion will be reviewed and approved by Seller, such approval to be in the sole discretion of Seller.. Propertv: The real property, including the Building, located at 13 Church Avenue, S.E., Roanoke, Virginia 24011, being a part of Official Tax Map No. 4011706, and containing approximately 02037 acres, more or less, which is shown on and made a part hereof as Exhibit 1 -A. Purchase Price: The sum of $100 in U.S. Dollars to be paid by Buyer for the acquisition of the Property from Seller. Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to (i) commence Construction Activity on or before the Commencement Date; (ii) invest a minimum of $2,000,000 in soft costs, developer's fee, building construction, and furniture, fixtures, and equipment; and (iii) achieve Substantial Completion of Construction by 24 months after the Commencement Date, Restrictive Use and Development Covenant: The restrictions in the Deed that are set forth in Section 4.B.7 of this Contract. Seller: The City of Roanoke, Virginia, a Virginia municipal corporation. Substantial Completion Substantially Complete or Completed or Substantial 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 from the City of Roanoke Department of Planning Building and Development for the Building, as set forth in the Plans. uiap 0494.1019 DRAFT: June 11, 2018 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 Hundred and no /100 Dollars ($100.00) payable in cash or certified check from Buyer to Seller as well as the Performance Security due at Closing, together with the other obligations of Buyer as set forth in this Contract. If payment is by certified check, the check shall be payable to the City of Roanoke. C. The Performance Security shall expire 120 Days after confirmation of compliance with all provisions of this Contract following Substantial Completion or be exercised by Seller upon a declaration of bankruptcy pursuant to any chapter of the United States Bankruptcy Code (11 U.S.C. §§ 101 et seq.), or any such proceeding is filed against Buyer, by Buyer or in the event that Buyer fails to begin or is unable to complete the Project as more fully described in Section 12 of this Contract. SECTION 2A. RIGHT OF FIRST REFUSAL TO PURCHASE COMPACTOR PARCEL A. (1) Seller hereby grants to Buyer a right of first refusal to purchase the Compactor Parcel from Seller in the event that Seller determines, in its sole discretion, to sell the Compactor Parcel. Seller shall provide Buyer with written notice of Seller's decision to sell the Compactor Parcel. Such written notice shall include a proposed agreement that will specify the purchase price at which Seller is willing to sell the Compactor Parcel. Buyer shall have thirty (30) Days after receipt of the proposed agreement to accept or reject such proposal. Failure to accept such proposal within said 30 Day period shall be deemed rejection of such proposal and Seller may sell the Compactor Parcel to any other party at the same or higher purchase price that Seller proposed to Buyer, free of any further rights of Buyer. (it) In the event that Seller proposes to sell the Compactor Parcel at a price Less than originally proposed to Buyer pursuant to Section 2A. Ali) above, Seller shall provide Buyer with written notice of Seller's decision to sell the Compactor Parcel at such lower price Such written notice shall include a proposed agreement that will specify the lower purchase price at which Seller is willing to sell the Compactor Parcel. Buyer shall have thirty (30) Days after receipt of the proposed agreement to accept or reject such proposal. Failure to accept such revised proposal within said 30 Day period shall be deemed rejection of such revised proposal and Seller may sell the Compactor Parcel to any other Droll 0404301N DRAFT: June 11. 2018 party at any price and any other terms and conditions that Seller may propose, free of any further rights of Buyer. B. In the event that Buyer accepts such proposed agreement, Seller shall present such proposal to City Council for approval in accordance with all applicable laws. Such proposed agreement shall be subject to approval of City Council. C. The right of first refusal to purchase the Compactor Parcel granted hereunder to Buyer is not assignable or transferable by Buyer. The right granted hereunder shall automatically terminate and be of no further force or effect in the event Buyers transfers the Property, whether by decd or by sale and transfer of any membership interests in Buyer by any of the Members. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 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 Seller's representations and warranties in Section 10 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 11, 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 18. B. As a condition precedent to Seller's obligation to sell the Property or otherwise 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. C. 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 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. D. In the event Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, at its sole election, by written notice given to Buyer, may terminate this Contract. Seller, at its sole option, may also by written notice to Buyer give Buyer an additional amount of time 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, 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. E. If the Contract is terminated as provided herein and upon the request of Seller, Buyer shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports, deliver copies of same to Seller, if requested by Seller in writing within 10 calendar Days of termination. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or Dorn 04 04 318 1 DRAFT: June 11, 2018 analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer nor the provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. The Buyer, at its sole cost and expense, shall conduct a survey of the Premises and develop a subdivision plat and submit it for review and approval through the City of Roanoke subdivision approval process to create and establish the Property as Roanoke City Tax Parcel No. 4011706, as adjusted, and to create and establish the remaining portion of the Premises as the Compactor Parcel within sixty (60) Days after the completion of the Due Diligence Period and shall diligently pursue approval of a subdivision plat in good faith. Prior to submitting the proposed subdivision plat to the City of Roanoke Planning, Building and Development Department, Buyer shall provide a copy of the proposed plat to Seller for review and approval. Following approval of the subdivision plat by Seller, Buyer shall present the proposed subdivision plat to the City of Roanoke Panning, Building and Development Department for review and approval. If the subdivision is not approved by the City of Roanoke Planning, Building and Development Department within one hundred eighty (180) Days after the completion of the Due Diligence Period, either party may terminate the Agreement by written notice of termination to the other party. The boundary line between the Property and the Compactor Parcel is generally depicted on Exhibit 3. The parties acknowledge that the exact location of the boundary line shall be determined during the Due Diligence Period and agree to cooperate in the final determination of the exact location of same. Buyer shall submit its proposal for the final, exact location of the boundary line to Seller for its review and approval by the City Manager, or his designee, prior to presentation to the City's Planning, Building and Development Department. SECTION 3A. CHANGES IN BUYER'S PROPOSAL OR CONTEMPLATED USES During the Due Diligence Period, Buyer may propose to Seller changes in Buyer's Proposal or the Contemplated Uses. Such proposals shall be in writing, accompanied by plans as applicable for review and approval by Seller's City Manager or designee. Seller shall review such proposals and provide its approval or rejection within 30 Days after receipt of a proposal. Seller shall approve or reject such proposal in its sole discretion. In the absence of a decision within such period, such proposal shall be deemed rejected. In the event that a proposal is approved by Seller, Seller and Buyer shall execute an amendment to this Contract to incorporate such proposal into this Contract. SECTION 3B. COMPLETION OF HISTORIC PRESERVATION EASEMENT. During the Due Diligence Period, Buyer, VHDR, and Seller shall complete and finalize the terms, conditions and other provisions of the Historic Preservation Easement to the satisfaction of Seller, as determined by Seller's City Manager or designee, in the sole discretion of such person so acting. In the event that the terms, conditions, and other provisions are not finalized to the satisfaction of Seller's City Manager or designee, in its sole discretion of such person so acting, this Contract shall terminate and neither party shall have any further rights or obligations hereunder, other than Buyer's indemnity obligations. In the event that the final terms, conditions, DRAFT: June 11, 2018 and other provisions are acceptable to Seller, Buyer shall obtain the written acceptance of the form of Historic Preservation Easement and Buyer and Seller shall execute an amendment to this Contract to incorporate such final form of Historic Preservation Easement and the acceptance by VDHR into this Contract. SECTION 4. 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 Decd to Buyer in accordance with the terms of this Contract. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at Closing: a. Buyer will purchase the Property from Seller for the Purchase Price of One Hundred Dollars ($100.00) and will make payment in accordance with the terms of this Contract. b. 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, including the Building and Improvements, without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building, and that Buyer shall comply with all environmental and other laws in developing the Property. C. 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 the City, as the City may direct. d. 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 assign. e. Buyer shall grant the Historic Preservation Easement and Buyer shall record the Historic Preservation Easement in the Clerk's Office of the Drsa 04 04 1018 DRAFT: June 11, 2018 Circuit Court for the City of Roanoke, Virginia. The Historic Preservation Easement shall be prior to, and shall have priority over, all deeds of trust, liens, or encumbrances granted or suffered by Buyer, and its successors and assigns. Buyer agrees to provide Seller with the Performance Security as required by Section 12. Buyer shall cause the Members to execute and deliver the Guaranty to Seller. 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 agrees to develop the Property and renovate the Building in order to provide an adaptive reuse that is of economic development value to the City and enhances the community and in accordance with Buyer's Proposal. The size and the placement of any retail, light manufacturing (workshop, maker space, studio), or the permitted hospitality uses within the Building must be within the limits allowed by and be subject to all applicable laws, local codes, and ordinances, including without limitation, all federal, state, and local laws, ordinances, rules, and regulations affecting or applicable to the renovation, restoration, repair, use, and operation of properties of historic significance. 2. Buyer shall be solely responsible for the proper and timely development and completion of the Project in accordance with this Contract. Buyer agrees that Buyer (a) will Commence Construction Activity for the Project on the Property on or before the Commencement Date, and (b) Substantially Complete all work for the Project within 24 months after such work is initiated, and with any approved extensions in these deadlines, as granted by the City Manager, as substantiated by evidence of good faith efforts on the part of the Buyer. If Buycr fails to meet either of the above time requirements Buyer shall be deemed to have breached this Contract and Seller may seek the remedy set forth in Section 12 of this Contract. Buyer acknowledges that, to the extent applicable, Buyer may seek and apply for Enterprise Zone One A incentives, as shown in the Economic Development Department webpage at www.roanokeva eovt85256ASD0062AF37t CurrentBaseLink /N254JOUW813LBASEN, as well as applicable tax benefits, exemptions, or abatement, the same as other entities within Enterprise Zone One A. Doan 04 0410 [ 8 DRAFT: June 11, 2018 5. Buyer shall comply with all environmental and other laws in renovating the Building, including the proper removal of any asbestos and lead paint on the Property. 6. Buyer has expressed a desire to memorialize the history of the Building. To this end, Buyer shall engage the Roanoke Fire Fighters Association (RFFA) during the Due Diligence Period to help propose an interpretive design that is satisfactory to the Buyer. Z Buyer agrees that the Deed will include a restriction that the Building shall not be, razed, demolished or removed, in whole or in part, without the prior approval of Seller and the grantee of the Historic Preservation Easement. The Seller may seek injunctive relief in the event Buyer or its successors and /or assigns endeavors to demolish the Building. 8. Buyer, its successors, and assigns acknowledge and agree that the Property shall be subject to real estate taxation, provided the Buyer may seek real estate tax abatement as may be available in connection with renovations to the Property. Buyer, its successors, and assigns, shall file all appropriate real estate tax and other tax forms or notices in a timely manner and pay all such taxes due in a timely manner. In the event that Buyer, or any successor or assign, at any time during the fifteen (15) fiscal years (each Fiscal Year being the period of July 1 through June 30) following the fiscal year in which issuance of a permanent certificate of occupancy by the City's Department of Planning, Building & Development transfers the Property to an entity not required to pay real estate taxes, Buyer agrees to require any tax- exempt entity acquiring the Property to be responsible for paying to the City of Roanoke an annual fee equal to the real estate taxes that would otherwise be owed if the Property was not owned by a tax exempt entity. Such fee shall be due and payable at the same time that real estate taxes are due and payable to the City. Seller shall be entitled to exercise all remedies available to it if such fee is not paid in full within 30 Days of becoming due including recovery payment of the amount of real estate taxes payable to the City, absent such tax exemption from Buyer, or seeking recovery of such amount from the Member under the Guaranty. Buyer shall be eligible to apply for the Rehabilitation Tax Credit Program available through the City's Office of Real Estate Valuation, as shown on that office's webpage at httu:i/roanokeva.eov /16"79 /Tax - Relief - and- Incentive- Programs. 10. Buyer will develop the Property in accordance with Buyer's Proposal and Plans and invest a minimum of 8 2,000,000 in soft costs, developer's fee, building construction, furniture, fixtures, and equipment at the Property in connection with the renovation of the Building ( "Minimum Investment'). The Minimum Investment shall not include the amount of the Purchase Price. Completion of this DWI 04.04 '01s 10 DRAFT: June 11, 2018 Project 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 29 of this Contract. 11. Within one hundred twenty (120) Days after the issuance of the final certificate of occupancy by the City of Roanoke Planning, Building and Development Department for the use, occupancy and operation of the building, Buyer shall certify, in writing, to the City the amount invested by Buyer in soft costs, developer's fee, building construction, and furniture, fixtures, and equipment in connection with the Project. This certification shall include a detailed itemization of these costs, certified by the Buyer. (the "Actual Investment"). In the event that the Actual Investment is less than the Minimum Investment, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to the remedy set forth in Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. The amount due to Seller from Buyer in the event that the Actual Investment is less than the Minimum Investment (the `Investment Shortfall ") shall be equal to the difference between (i) the Minimum Investment, and (it) Actual Investment; provided, however if the Actual Investment is Tess than $1,500,000, then then the Investment Shortfall shall be set at $500,000 and the Buyer's obligation shall be limited to $500,000. C. Obligations Survive Closing. Buyer agrees that the conditions and obligations of Buyer under Section 4.13 of 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, Seller shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, Seller shall execute and deliver to Buyer a document in which Seller 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 form 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 Seller in writing) remain in full force and effect. If requested by Buyer, Seller 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. 2. Seller's obligations set forth in Section 43 shall survive the Closing, subject to strict compliance by Buyer with respect to the conditions of Section 4.B. Dmll 04.0410IS DRAFT: June 11, 2018 SECTION 5. 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 1986. SECTION 6. 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 from any of Buyer's obligations under this Contract, provided that Buyer may close the acquisition of the Property through, or transfer the Property to, a wholly owned Subsidiary, without Seller's consent, provided, further, Buyer shall provide Seller notice of such assignment to a permitted assignee ten (10) Days before such assignment is effective. Buyer and the permitted assignee shall be jointly and severally liable as Buyer. The Buyer and entity acquiring title at Closing shall be jointly and severally responsible for all obligations which survive Closing. SECTION 6A. GUARANTY. The Members agree, jointly and severally, to guaranty all obligations of Buyer under the terms of this Contract and shall execute the Guaranty at Closing. SECTION 7. 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 growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject to the provisions of Section 18(13)(3) of this Contract. SECTION 8. 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. Dnft o4 04 roi x 12 DRAFT: June 11, 2018 SECTION 9. EASEMENTS Buyer promises and agrees to grant and dedicate to Seller and/or the Western 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 10. 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. B. Seller further represents and warrants with respect to the Property that 1. 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. The Project is located in the City's Downtown Service District and is subject to the special taxes of that District. However, Seller has no other knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property 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. The Property is a former fire and emergency services station and currently functions as a storage facility for surplus Roanoke Fire and EMS equipment. The Property will be conveyed free from any foregoing use by Roanoke Fire and EMS. 6. Access. Ingress to and egress from the Property is available and provided by (i) public streets dedicated to the City of Roanoke; and (ii) Church Avenue, S.E. and Luck Avenue, S.E., which bound the Property and are public roads dedicated to the City of Roanoke. SECTION 11. TITLE AND CLOSING. A. Title to the Property shall be conveyed by Seller to Buyer by Special Warranty Deed in an AS IS condition (the "Deed ") subject to the following: o,mt 04 (1410 Is 13 DRAFT: June 11, 2018 L Ad valorem real property taxes for the current year, not yet due and payable. 1 Stormwater utility fees and solid waste collection fees for the current year, not yet due and payable. 3 Those other matters of title to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third panics). 4. Those matters reflected on the Survey, if prepared by Buyer, to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties), 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. 5. Easements, encumbrances, and other restrictions of record as of the date of execution of this Contract by Seller. 6. Liens and objections shown on the Title Commitment. 7. The Restrictive Performance Covenant. 8. The Restrictive Use and Development Covenant. 9. The Historic Preservation Easement. 10. The limitations on sale of the Property set forth in Section 13 of this Contract. 11. Other standard exceptions contained in a Title Policy as defined in Section I l(B) below. 12. 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 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 Date 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 the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction no sooner than thirty (30) Days but no later than ninety (90) Days after satisfaction of all conditions Dma W 04'013 14 DRAFT: June 11. 2018 set forth in Section 3 (the "Closing Date "), Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) Days prior to the Closing Date. Under no circumstance shall the Closing occur later than January 25, 2019, unless Seller grants further extension periods. D. The Closing shall be at 10:00 A.M. on the Closing Date in the Off-ice 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. Seller's duly executed and acknowledged Special Warranty 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 Tide 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 person(s) 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 e. Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. E. At Closing, real property taxes (if any), solid waste collection fees, and stomiwater utility fees shall be prorated with Buyer being responsible for all periods thereafter. Buyer shall pay for (a) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (b) all attorney's fees and expenses incurred by legal counsel to Buyer; and (c) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. Droll o4.04 .'01s 15 DRAFT: June 11, 2018 G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. I3. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 12. PERFORMANCE SECURITY FOR BENEFIT OF SELLER. A. As security for Buyer's compliance with the post - Closing terms and conditions of this Contract, including without limitation, completion of the Project in accordance with the Plans and for the Contemplated Use, Buyer shall deliver to Seller at the Closing, the Performance Security. The Performance Security provided shall be valid until 120 Days after Substantial Completion in accordance with the terms of this Contract. If the Performance Security is not renewed annually or is threatened to be canceled and Buyer does not provide a replacement Performance Security approved by Seller at least sixty (60) Days before any portion of the existing Performance Security is to be cancelled, such event shall be a breach of this Contract and Seller shall be entitled to exercise Seller's rights to immediately call the Performance Security. B. Buyer shall provide to Seller a copy of Buyer's proposed Performance Security in a form to be approved by Seller, in Seller's sole discretion, and in sufficient time to allow Seller to approve or disapprove such document at least ten (10) business days prior to the Closing Date. If Buyer (l) declares bankruptcy pursuant to any chapter of the United States Bankruptcy Code (11 U.S.C. §§ 101 et seq., or any such proceeding is filed against Buyer; (2) fails to complete the Project in accordance with the Plans and for the Contemplated Use; (3) fails to Commence Construction Activity by the Commencement Date; (4) fails to Substantially Complete such work within 24 months after the Commencement Date; or (5) sustains an Investment Shortfall, Seller may exercise its rights on the Performance Security, no later than 15 days after Buyer's declaration or missed deadline to Buyer . The parties recognize that Seller will suffer damages if Buyer fails to comply with the post- Closing terms of this Contract. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages Seller will suffer if Buyer tails to comply with this Contract. Therefore, Buyer hereby agrees to provide the Performance Security as liquidated damages for loss and damages to Seller for Buyer's failure to comply with any of the terms of this Contract, but not as a penalty, and Seller shall have no other remedies against Buyer. The basis of the amount of the Performance Security is the approximate value of the Property if it had been sold without conditions or obligations, as agreed to by the Buyer and Seller. Buyer further waives any defense as to the validity of any liquidated damages stated in this Section on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages Seller may be entitled to recover. D. Notwithstanding the foregoing, the Seller (a) shall be entitled to seek injunctive relief and all other remedies available in law or in equity if Buyer or its successors and assigns D,an 04_(1411) 18 16 DRAFT: June 11, 2018 begins to demolish the Building; and (b) shall have all remedies available to it at law or in equity to recover any amounts due from Buyer under Section 4(B)(8) of this Contract, including collecting amounts due from Buyer or the Guaranty. E. In the event that fire or other casualty causes damage or destruction to the building during the construction period prior to substantial completion of the work for the Project, Buyer may either (a) complete the Project; or (b) pay to Seller the sum of $250,000 without any further obligation to construct the Project. In the event that Buyer elects to complete the Project, the time periods set forth in Section 4(B)(3) shall be extended pursuant to Section 29 (Force Majeure). SECTION 13. RESTRICTION ON TRANSFER OF PROPERTY; RIGHT OF FIRST REFUSAL. A. 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 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 B. Buyer agrees that the Property herein conveyed, shall not be offered to be sold or sold to a third party by Buyer from the date of Substantial Completion without having first been offered to Seller. In the event that Buyer desires to sell the Property to a bona fide third party purchaser for value, Buyer shall notify Seller of same and provide Seller with a copy of the bona fide, arms - length offer from the prospective third party purchaser. Seller shall have sixty (60) Days following the effective date of such notice to notify Buyer if Seller desires to purchase the Property on the same terms and conditions set forth in the bona fide offer and shall thereafter close within forty -five (45) Days. If Seller does not exercise its right of first refusal, Buyer may sell the Property to the bona fide third party purchaser on the identical terms and conditions of the bona fide offer presented to Seller. In the event that the sale to such bona fide third patty purchaser closes, Seller shall have no further right of first refusal hereunder. If the bona fide offer does not close, irrespective of the reason, then Seller's right of first refusal hereunder shall remain in full force and effect. C, For purposes of Section 13 B, the sale or transfer of all membership interests in Buyer to a bona fide third party purchaser shall constitute a transaction subject to the right of first refusal provided in Section 13 B. [Nh 04 04 17 DRAFT: June 11, 2018 SECTION 14. 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 or Seller may by written notice to the other party 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, except that any deposit paid by Buyer shall be promptly refunded to Buyer and thereupon this Contract shall be deemed terminated and of no further force and effect (except for Buyer's indemnity obligations under this Contract). If no such election is made by either Buyer or Seller 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 15. 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 the 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 this Contract shall automatically terminate and neither party will have any further obligation to the other (except for Buyer's indemnity obligations set forth in this Contract), and Seller will not be liable to Buyer for any failure to deliver the Property to Buyer and Buyer shall not be liable to Seller for any failure to consummate this transaction. SECTION 16. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property 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 Buyer agrees to indemnify the Seller 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 such contacts or understandings with Buyer. SECTION 17. 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 Dail 0404'01N l8 DRAFT: June 11, 2018 accordance with the terms 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. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, after written notice of such default is provided by Seller, 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, demand payment of the Performance Security pursuant to Section 12 of this Contract and all such remedies as may be allowed by law or in equity, if post - Closing. Buyer shall be liable for all costs and expenses, including attorney's fees, incurred by Seller in collecting the Performance Security. Notwithstanding the foregoing, in the event the non- compliance or default arises from Buyer's violation of Section 4(B)(7) or Section 4(B)(8) hereinabove, Seller, in addition to all other remedies set forth in this Contract, may seek to enjoin such violation by Buyer of Section 4(B)(7) and may exercise all remedies available to Seller for failure to make payments due under Section 4(B)(8). SECTION 18. RIGHT OF ENTRY AND DUE DILIGENCE PERIOD. A. Buyer shall have the Due Diligence Period to complete Buyer's due diligence review of the Property to determine if there are any issues that would prevent the Buyer's use of the Property and to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project. By written notice, Buyer may extend the Due Diligence Period for two additional periods of 60 Days provided Buyer is diligently presenting applications and diligently and timely making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project, or to satisfy itself that such Permits and Approvals will be available. Should Buyer determine during such Due Diligence 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 Due Diligence Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no farther 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 prior to Closing. Seller will provide a key to Buyer, on an as needed basis, and, when assigned the key, the Buyer will be responsible for keeping the property locked when not being explored by the Buyer or its agents. In addition: I. Except to conduct specific studies or assessments, the Buyer will not store any equipment or materials on the property during the Due Diligence Period. 2. The Buyer will not inhabit the property during the Due Diligence Period Dm110.1 04 2O IS 19 DRAFT: June l 1. 2018 If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 18, 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, and employees 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 growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to, 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 18. 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 orjointly 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; (it) 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. In the event that the transactions contemplated by the Contract do not close, Buyer will deliver or cause to be delivered any preliminary or final test results or conclusory reports and opinion statements related to the physical condition of the Property, to Seller within 30 Days after (i) the date on which this Contract Umrl 04 M'_0IS 20 DRAFT: June 11. 2018 terminates, or (ii) the Closing Date; whichever event first occurs. 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, including any and all permits. 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 18 of this Contract The following policies and coverages are required: (1) 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, contractors' or representatives' acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence, and S2,000,000 general aggregate. (it) Contractual Liabilitv. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation, Workers' Compensation insurance covering Buyer's, contractors' or representatives' statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 18. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; S500,000 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 18 of this Contract and shall be written on an occurrence basis. D,00 ox.w.ans 21 DRAFT: June 11, 2018 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 stating 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 dales, and date of expiration of politics; 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 19. 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, Virginia 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 Telephone No. 540 -853 -2715 Fax No. 540-853-1213 If to Buyer: David P. Hill Old School Partners II, LLC 450 South Church Street Fincastle, VA 24090 D.�n 0.04'0 IS 22 IlllaliwrmmlIf " With a Copy to: Stephen W. Lemon, Esq. Martin, Hopkins and Lemon, PC P. O. Box 13366 Roanoke, Virginia 24033 Suite 1000 10 S. Jefferson Street Roanoke, Virginia 24011 Notice shall be deemed delivered upon the date of personal service, two Days alter deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 20. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 21. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Any successor or assign of Buyer or subsequent owner of the Property shall be subject to the terms and conditions of this Contract. SECTION 22. 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 23 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 24. 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 deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. Dtia 11404 '01 s 23 DRAFT: June 11, 2018 SECTION 25. COOPERATION Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 26. 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 27. 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 other 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 terns 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 28. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343. 1 be advised that the City does not discriminate against faith -based oreanizations. SECTION 29. FORCE MAJEURE A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, subcontractors and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than 6 months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of 12 months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within 30 Days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of 12 months of delays or failure of performance of any type have been owt 0404'018 24 DRAFT: June 11. 2018 claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and /or being an excusable delay. SECTION 30. 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 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. A revised proposal will be supplied by the Buyer at the conclusion of the Due Diligence Period. This revised proposal will be more up -to -date than the Contract and will be incorporated into the Contract once approved by the Seller, not to be unreasonably withheld. SECTION 31. NONDISCRIMINATION. During the performance of this Contract and through Substantial Completion of the Project. 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 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 setting 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 32. 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 -Gee 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. Dra a 61.04 1013 25 DRAFT: June I I. 2018 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 33. 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- 43112, 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 Commonwealth, if so required under Tide 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 34. APPROPRIATION OF FUNDS. All obligations or fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract. Seller shall provide Buyer with written notice of such unavailability of funding. SECTION 35. 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. SIGNATURES APPEAR ON FOLLOWING PAGES D,eO 04 04 11) 1 S 26 DRAFT: June 11. 2018 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA Robert S. Cowell, Jr., City Manager The foregoing instrument was acknowledged before me this _day of , 2018, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL Din 04 ()Is 27 DRAFT: June I L 2018 WITNESS /ATTEST: OLD SCHOOL PARTNERS 11, LLC z Name COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: David P. Hill, Managing Member The foregoing instrument was acknowledged before me this day of , 2018, by David P. Hill, Managing Member for and on behalf of Old School Partners II, LLC. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. Drnn 04 04'0] 8 28 DRAFT: June 11, 2018 EXHIBIT I DESCRIPTION OF PREMISES Roanoke Official Tax Mao No. 4011706 BEGINNING AT A POINT ON THE SOUTH SIDE OF ROBERTSON STREET 125 feet east of Jefferson Street; thence South 87° 45' East 50 feet; thence South 2° 15' West 200 feet; thence North 87° 45' West 50 feet: thence North 2° 15' E. 200 feet to the BEGINNING, and known as Lots 219 and 220, Ward 5, Map of Roanoke Land & Improvement Company; and BEING the same property conveyed to The City of Roanoke, Virginia by deed dated June 23, 1905 from Yost Huff Company, a corporation, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Deed Book 166, Page 244. DIM, 04 .04 'wx �9 DRAFT: June 1 I. 2018 EXHIBIT 1 -A DESCRIPTION OF PROPERTY A portion of the Premises consisting of 0.2037 acres, more or less, together with the building thereon, and depicted, in part, in the attached plat. oanww201s 30 E %aEOED AREA UNE TA1Wf —TAX PARCEL 4011705- EXCLUDED AREA FOR �I u TAN TRASH COMPACTOR I E1 N 41 W 50.00 1,418 E2 N 0171918 E 23.73 o EJ B 88 41 E 50.00 _ _ _ E3 E4 5 011N 16 W 23.IJ k4I C JFFFFRSON ST, 5 C V3- CHURCH ST., SE. TA( PARCEL DFIRE' 6PoCR GDR' 4011703 .� FIRE STATOR N0. 1' RET, WALL _ +125 TO JE+F3ON E F.F. LUCK AVE., S.E. ( 2 5 ' R / W ( RALPH D.CLEMENTS 06101118 PLAT FROM RECORDS SHOWING RESERVATION OF EXCLUDED AREA FOR TRASH COMPACTOR ON A PORTION OF TAX PARCEL 4011706 CITY OF ROANOKE, VIRGINIA �5 GAY AND NEEL, INC. 1260 Radford Street Chrot,ansborg, Virginia 24073 Phane:(540)381 -6011 an � W� V J EX SIOPV GTAIN ESM`. AS SHOWN ON PLAT In 0.0 1692 PC. 1420 ZC'0 JC"PERSON S -., >[. TAX PARG -L 4015002 d h CURCH AVE, 4F. TAX PARCEL 40150'4 0 20 o' GNAPwc scAu NOTES: I. THIS PLAT WAS PREPARED FOR: CITY OF ROANO(E ENGINEERING DEPARTMENT 2. CURRENT OYMER: CITY OF ROANO(E LEGAL REFERENCE:OB. 166 PG. 244 TAX PARCEL NO. 4011706 ADDITIONAL REFERENCES D.B. 1692 PG. 1420; Y.B. 1 PG 231; M.B. 1 PG. 66$ Y.B. 1 PG. 3297 3. THIS PLAT WAS PREPARED WITHDUT THE BENEPT OF A 1111E REPORT AND THEREFORE MAY NOT INDICATE All ENCUMBRANCES AND EASEMENTS THAT MAY AFFECT THE SUBJECT PROPERTY. 4. THIS PAT IS BASED ON RECORD INFORMATION AND A FELD SURVEY OF A PORTION OF THE SUBJECT PROPERTY CONDUCTED ON 06/23/15. 5. THE SUBJECT PROPERTY DOES NOT LE WITHIN A F.EM.A DESIGNATED ICU -YEAR ROOD HAZARD ZONE. THE SUBJECT PROPERTY UES WITHIN 'UNSHADED ZONE X - OTHER AREAS', AS DEFINED BY F.E.M.A A AS 9400 ON F.I.R.M. YAP NO. 51161CO164C, EFFECTIVE DATE OF SEPTEMBER 26, 2DIT7. THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS ONLY. NO ELEVATION STUDY HAS BEEN PERFORMED AS A PMT OF THIS PROJECT. 6. NO KNOW IDENTIPCATONS OF GRAVES OGECTS, OR STRUCTURES MARKING A PACE OF HUMAN BURIAL WERE OBSERVED ON THE SUBJECT PROPERTY DIMING THE COURSE OF THIS SURVEY. Email: info @gayandneel com PM ROC TECH MILKS E 6 —TAX PARCEL 4011705- EXCLUDED AREA FOR �I > TRASH COMPACTOR I AREA =0.027 AC (1,186 SQ. ET 1,418 (WITHIN HEAVY DASHED LINES) JEF�FPSON o TAR PARCEL ,ti _ _ _ E3 4011,04 RET, WALL _ +125 TO JE+F3ON E F.F. LUCK AVE., S.E. ( 2 5 ' R / W ( RALPH D.CLEMENTS 06101118 PLAT FROM RECORDS SHOWING RESERVATION OF EXCLUDED AREA FOR TRASH COMPACTOR ON A PORTION OF TAX PARCEL 4011706 CITY OF ROANOKE, VIRGINIA �5 GAY AND NEEL, INC. 1260 Radford Street Chrot,ansborg, Virginia 24073 Phane:(540)381 -6011 an � W� V J EX SIOPV GTAIN ESM`. AS SHOWN ON PLAT In 0.0 1692 PC. 1420 ZC'0 JC"PERSON S -., >[. TAX PARG -L 4015002 d h CURCH AVE, 4F. TAX PARCEL 40150'4 0 20 o' GNAPwc scAu NOTES: I. THIS PLAT WAS PREPARED FOR: CITY OF ROANO(E ENGINEERING DEPARTMENT 2. CURRENT OYMER: CITY OF ROANO(E LEGAL REFERENCE:OB. 166 PG. 244 TAX PARCEL NO. 4011706 ADDITIONAL REFERENCES D.B. 1692 PG. 1420; Y.B. 1 PG 231; M.B. 1 PG. 66$ Y.B. 1 PG. 3297 3. THIS PLAT WAS PREPARED WITHDUT THE BENEPT OF A 1111E REPORT AND THEREFORE MAY NOT INDICATE All ENCUMBRANCES AND EASEMENTS THAT MAY AFFECT THE SUBJECT PROPERTY. 4. THIS PAT IS BASED ON RECORD INFORMATION AND A FELD SURVEY OF A PORTION OF THE SUBJECT PROPERTY CONDUCTED ON 06/23/15. 5. THE SUBJECT PROPERTY DOES NOT LE WITHIN A F.EM.A DESIGNATED ICU -YEAR ROOD HAZARD ZONE. THE SUBJECT PROPERTY UES WITHIN 'UNSHADED ZONE X - OTHER AREAS', AS DEFINED BY F.E.M.A A AS 9400 ON F.I.R.M. YAP NO. 51161CO164C, EFFECTIVE DATE OF SEPTEMBER 26, 2DIT7. THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS ONLY. NO ELEVATION STUDY HAS BEEN PERFORMED AS A PMT OF THIS PROJECT. 6. NO KNOW IDENTIPCATONS OF GRAVES OGECTS, OR STRUCTURES MARKING A PACE OF HUMAN BURIAL WERE OBSERVED ON THE SUBJECT PROPERTY DIMING THE COURSE OF THIS SURVEY. Email: info @gayandneel com PM ROC TECH MILKS DRAFT: June 11. 2018 EXHIBIT 2 BUYER'S PROPOSAL D.ori 04 04 .zw x 31 Development Proposal for Repurposing Fire Station #1 Old School Partners 120 WEST CAMPBELL AVE, ROANOKENIRGINIA 540- 342 -5263 I chruary 1. 2017 H I L L Marc Nelson, Special Projects Coordinator STUDIO Roanoke CiIv - Department of Economic Development 117 Church Ave, SW Roanoke, VA 24011 Email '. marcnulsonrn mmllokavu -nut Re: Roanoke Pare Station it 1 Redevelopment Proposal Dear Mr. Nelson, Please find enclosed a proposal for the redevelopment and reuse of historic fire t , IT Station NI in the City of Roanoke. Included in the proposal are a number of details for this exciting idea that we believe will be well received by the public and an admirable use of a historic building. This venture will also generate significant revenue for the City of Roanoke and further some of the positive vibe that attracts young talented protessionals to om' -City. The development team, Old School Partners. has a track record of rcpositionine historic assets including the Roland E. Cook lofts in Vinton. Our members have placed back into service vacant Roanoke City historic assets including the now cherished buildings along Campbell Avcnuc. We look forward to the opportunity to present our proposal for Fire Station HI. Sincerely, For Old School Partners David hill, President Hill Studio, P.('. R...mnka_ wug�nw .'Lit I nd 4u.U' -"ni .n :4b :4� lkI,,I I Il UnII,, Ron T-`\ ROANOKE CITY OF ROANOKE ECONOMIC DEVELOPMENT DEPARTMENT SURPLUS PROPERTY SALE PROPOSAL PROPERTY ADDRESS: 13 Church Ave SE TAX PARCEL NO.: 4013796 DATE: 1/31/17 APPLICANT /CONTACT PERSON: David Hill or Dale Wilkinson FULL NAME (As to be stated on Deed): Old Partners LLC or assignee HOME ADDRESS (or) PRINCIPAL OFFICE: 450 S. church street (Physical addresses only. No Post Office Boxes) CITY. Fincastle STATE: VA ZIP: 24090 DAYTIME PHONE: (540)342 -5263 or (540)293 -0875 D CORPORATION D INDIVIDUAL(S) D LIMITED PARTNERSHIP D JOINT TENANTS I LIMITED LIABILITY COMPANY D TENANTS IN COMMON D PARTNERSHIP D SOLE PROPRIETORSHIP PROPOSED PURCHASE AMOUNT: $100.00 and other valuable consideration (Must be expressed in whole dollar amounts) or PROPOSED LEASE AMOUNT: (Must be expressed in whole dollar amounts) PROPOSED USE (please include additional pages, if necessary): Please see attached porposal I hereby certify that I have been furnished and have read the announcement of the business opportunity for the above - referenced property and submit this proposal in accordance with all the provisions of said announcement. 4 n eA� ature - -_.- Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 TABLE OF CONTENTS CONCI[PI PI AN....... ___. ____ __..... ......... ..... ..........2 HISTORIC PRESERVATION EFFORTS ._ -_._ -_ ____. _ -___ ____7 DOWNTOWN ROANOKEADVANTAGES ....._ ____ ____. ___.. _.___8 ADJACENT PROPERTIES ....._. ... _ .... ___ ____. ....... _.......9 F1 FOR TS TO CONNECT W 11116CII DING HISTORY _____ ____. _____ ___.9 PUBLIC ILEDBACK PROC LSS.__... ___.. ......... ........ _. ___..9 MEET OLD SCHOOL PARTNERS.... __.... ..... _..._. ____ _.__.. 11 SIMILAR PROJECT — VINTON'S ROLAND E COOK SCHOOLHOUSE .... ...... 13 REFERENCES _.__. _....... __._. _. _.__. ___.. 15 BUSINESS AGREEMENT AND FINANCIAL PLAN .............. .......... ..._.... ....._.. 16 APPENDIX Attachment 1 Hill SLudiu Historic Design Examples Attachment 2 1979 Fire SuLm. #1 Study Places That Matter Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 Throughout the history of the ( itti of Roanoke, Fire Station #1 has been a conununit) jewel. Originally built and used as infrastructure, the station has become storied during its century of 1x3tence, and is an important landmark, not only as an architectural treasure, but to the spirit of public service embodied in every element of the building_ Old School Partners proposes to rejuvenate and repurpose the building, through a publically- engaging design process, and restore the building for a public use, allowing full access as pan of a commercial venture. The pages that follow describe our proposed project and process, and show how we intend to make this cherished landmark an active component of city life_ Urban Design Goals: L Interpret and celebrate the century of use and community spirit embodied in this heroic American place. 2. Make the building more of a destination, containing new uses much more accessible to the public than it has ever been 3. Use the building activities to enhance and further invigorate City Market activities. 4_ Use the building to showcase some of Roanoke's emerging vibe as a 'hip" place to visit and to live_ 5- Use this project and its location to make the markeCs most "lonely" place into sometimes its most "lively" place_ b. Use this project as a national example of pubbc- private entrepreneurial enterprise, for similar facilities located in other similar cities. Intended Use: Fire Station 41 will incorporate several value -added compatible uses, which launch from popular trends that work very well with the open format historic space Lower Level Use The lower level will maintain the large open formal garage -style exhibition hall space to boost the retail mix of downtown Roanoke. It is proposed to host three special uses, which will anchor the southern end of the Cit} Market. Places That Matter Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 the project will provide a destination and "The Firehouse on the City Market will experimental lower level retail facility. This will allow us to expand out retail product host the Black Dog Salvage General Store. This line, enrich the authentic and facility will showcase some of the smaller celebratory spirit of the Market area, and better introduce us and Roanoke as treasures made available from Roanoke's hottest ambassadors of repurposing." television reality' show celebrities, the sa /vsge - Mike Wh[teside, salvage Dawgs Uatvgs_ Featuring Black Dog Salvage provides a unique opportunity to leverage their national television presence to market this experiential destination in the heart of downtown Roanoke. The general store model provides a spare to market their new paint line, their new furniture line, prints, found furniture, and a variety of smaller items that are not yet fully featured. (The large architectural salvage items will remain at their present location_) A unique transporation arrangement is planned to shuttle guests back and forth to the salvage yard from the Firehouse The project will provide a tap house. We are currently in discussions with a company that would allow this tap house to feature the beers of one of Roanoke Valley's largest and newest brewing facilities_ This home tap house for their east coast operations will also feature unique transportation for tours to their brewing facility, located in a nearby business park. The cap house will bring an anchor for vitality to the southern end of the City Market, and also be a great complement to the new Hampton Inn atop the adjacent garage, and better tie the Market restaurants to Elmwood Park. The third space, located at the southern end of the building, is proposed as either a Makerspace or a Temporary Pop -up Vender Area. By employing the talents and perhaps even the supplies of the Black Dog Salvage warehouse, the Makerspace concept would engage the public in trades, by providing a tool center with qualified operators This may be a potential incubator space to gauge the interest level of the trades program desired to be brought back to some of our schools. The Makerspace will feature a number of trade tools and teaching lab that could incubate new interest in the trades. An alternative use for this space is a pop - up retail incubator. Not your grandfather's retail incubator, but instead a pop -up retail incubator which can feature mohtle unit participation. The large doors allow for easy move - in and out of pop -up events, such as food trucks and experimental retail facilities. Bp hinging frequent change to the venue, multiple retailers will be invited to experience Roanoke. This is an opportunity to recruit retailers and restaurateurs to fill vacant storefronts- This retail incubator will allow vendors to build a market in the downtown area, potentially leading them to transition to a more permanent brick and mortar presence in the area_ This "remover' of innovative retail providers will encourage repeat visits by the general public to the firehouse. Places That Matter Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 Upper Level Use The second floor will feature a compatible anchor tenant, in the form of a specialty- themed guest house. The 7 -room bed and breakfast- oriented IaLdnq will feature the enormous old bunkrnnm as its tubby and reception space, and use the front two rooms, and rear space, as guestroom spare_ I ike the Country Store downstairs, the space is planned to be furnished by Roanoke's most visible ambassadors, the Salvage Dawgs- The guesthouse Lan be rented as individual rooms, banks of rooms (most easily 2 and 5 room suites), and can be rented in ii� entirety, SVe intend to set a new standard for shorter term stays in Roanoke, and will fully comply with all requirements of hotel and occupancy tax requirements. Floorplans for Levels 1 and 2 are included on the following pages, Places That Matter Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February 1, 2017 Lower Level Concept 4Ci 6fl flb• Places That Matter 5 Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 Upper Level Concept n F, sos twf Places That Matter Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 HISTORIC PRESERVATION EFFORTS The building is proposed to be transferred to a private developer for this transfornanvc project so that full advantage of the historic tax credits can be utilized. As discussed later in greater detail the historic rehabilitation of the structure will follow the Virginia DHR process, use wiretap of the Interiors standards and will result in a respectable rehabilitation that buys down file development cost which allows the proposed uses_ In addition to the National Register process, it appears the fire station may be in the 11-1 Downtown local Historic District. We will work through this process as well. An additional measure may be considered. several of the contributing elements, such as the outdoor form and materials, decorative ceilings, and horseshoe -grip floors, the staircase, and potentially other element,, may be under the influence of caring officials during this transaction, but over the long -tern would through normal course, slip from influence through the private - sector ownership. To prevent this event on a most-cherished building, an easement is proposed on these historic elements before transferring the structure_ This easement could he modeled on the historic Lagniappe buildings, at 120 West Campbell_ It has worked very well to preserve the structure and provide a public interest for decades into per The Design for the space is historically - sensitive_ The concept addresses these features • The existing flourplan can be generally utilized, allowing the large central rooms to be open and visited by the public. Ihis occurs throughout the first floor, to the top of the spiral staircase, and throughout the second door Lobby and Event space_ • lakes advantage of the large open bays and horseshoe grip floors, fireman's poles and grand stair, decorative ceilings, as featured components of the renovation. • Only minor changes to outdoor Corns, to meet current fire codes (one window becomes a door) Glass storefront breezeways are proposed behind existing large wooden firehouse doors, to meet ADA_ Large doors open out when open for business. • Most significantly, the new uses in the space will he more conducive to visitors, who can benefit from seeing the entirety of the first floor and the most significant room of the upper floor_ The grand stair remains open, and the verger's mezzanine office potentially could be open for public interpretation and enjoyment if it is deemed original and is structurally sound. Places That Matter Development Proposal for Fire Station #1 Roanoke, Virginia DOWNTOWN ROANOKE ADVANTAGES Old School Partners February I. 2017 Realizing that we should only try to bench( and enhance the offerings of Downtown Roanoke, the proposal considered ways to enhance the cxis(ing mix and programming. • The Makerspace Pop -up Vendor Area inhabitants will change frequently, bringing renewed interest to the Downtown. The changing formal will bejus( the kind of place that the 2000 new downtown residents are looking for Millenntals like experiences. Millennials enjoy upcycling, and Black Dog General Store, pop -ups as well as the Guesthouse is clearly itemop- making experiences and examples of upcycling. • By bringing frequent change to (he: Pop -up Vendor Area, multiple retailers will be invited to experience the Roanoke retail market. The large second -floor central room can be used for a number of special functions, such as receptions, corporate off -sites and reunions. This is a distinct size and shape from the Markel Building hall, so as no( (o compete- This space can also he helpful to programming with the Ilampton Inn next door. • The Black Dog Salvage furniture will be readily marketed in both central lobby and guestrooms. Nearly all furnishings are for sale. • The Salvage Dawgs attract many tourists to Roanoke. Unique lodging for their visitors further extends their brand, and locates their visitors in the heart of the City Markel, bringing this special clientele to this vibrant part of downtown. Under the title, "What to do while in Roanoke," and "trendsetter ", a trip to Black Dog Salvage rates right behind the Mill Mountain Star. - Trip advisor • The guesthouse is also ideal for Hokie or other local college alumni, fans of opposing trams, families, and work teams to gather for celebrations - perfectly positioned to enjoy all that downtown has m offer while creating an experience in one of Roanoke's most beloved buildiogs- Places That Matter Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February 1, 2017 ADJACENT PROPERTIES To the north, Church Street and femur, Square are appropriate uses and act as the front lawn to the proposed project To the South, the mall turnaround and circulation space are appropriate, and need to remain. The convenient location of the city compactor is a recognized neighbor for lower Moor use. The upper floor user can accept the current situation, so long as the City can request and enforce dumpster pickup and placement after 9 aan The purpose of the time limitation is to limit disturbance of guesthouse visitors. Ilampton Inn is likely to concur with this request. To the west, the adjacent properties, including Davidson's, Davidson apartment, and the new Bexley Building renovations are compatible and may benefit by the proposed uses. To the east, the alley and adjacent parking garage and hotel are compatible and will benefit from the proposed uses. Efforts will be made to fit the pedestrian door and potential ramp space with -in the alley or in the rear of the slruclure EFFORTS TO CONNECT WITH BUILDING HISTORY Efforts to connect with firefighting history Lan be made through the public availability of the building, and by not changing significantly the open format and the express features of the building. In addition, large format black and white photos of former fire - fighting teams and equipment can be curated [or both downstairs and upstairs wall decorating. An interpretive plaque may be considered in the front ramp area of the firehouse. In addition to firefighting history, this building played an important role in American electoral politics. It was the backdrop to the famous and oft debated President Bannk Obama "You Didn't Build That" speech. An interpretive plaque as well as a recording of the speech, or some other symbol representing the historic visit by the 44th President of the United States to Roanoke, may be considered in the front ramp area or across the street in Century Square, PUBLIC FEEDBACK PROCESS Old Schuol Partners involves stakeholders in R community planning projects early in the planning process to ensure successlul implementation while it helps to build effective community partnerships_ For -� cherished building renovations, we have found that the planning process is as important as the actual plan in that it builds consensus and ultimately, results in _ success in the long -term_ Participants involved early in u the process continue their support throughout the �- - -- project, often considering parmering roles. Our overall approach to projects reflects our commitment to finding creative solutions through close interactions with the City, citizens, and affected interests, lVe engage the public through stakeholder meetings and will hold a design workshop in the firehouse, which provides opportunities for stakeholder evaluation of proposed planning/development alternatives_ This ensures an effective, comprehensive approach to finding realistic solutions for addressing important community issues. Places That Matter Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 \tic propose public engagement opportunities as follows: Firehouse Design V.rorkshop, for a full day in -house event, including building tours Create Interpretive Design and Review Panel involving Firehouse Alums and interested parties, meeting 2 -3 Limes .' Create Downtown Roanoke Commiucc to advise proposal, meeting 2 -3 times Launch Roanoke Firehouse #1 Facebook Page for blogs and progress reports ➢ Public meeting with Roanoke Historic ARB Potential process to change zoning of the property, if required Public Meeting with City Council for transfer of property Places That Matter 10 Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 MEET OLD SCHOOL PARTNERS Old School Partners is a three - member Linuted Liabilay conpan), formed specifically to develop and renovate historic properties. The name was coined to coincide with our first project - Vinton's Roland E Cook School — but the brand statement behind the name continues because of our methods of business. The members of Old School Partners are_ i Dale Wilkinson, an experienced developer Even Urban Dictionary is kind to Old School, defined as, i David P. Hill, ASLA, presdent of an "Anything that is from an earlier era and architecture and preservation design firm looked upon with high regard or respect ". > Greg Rhodes, a Class A contractor and experienced builder Dale Wilkinson has been involved in all aspects of real estate development since 1983_ His expertise has been demonstrated both locally and nationally_ His projects include musing homes, assisted living centers, retail, office, residential and warehouse development. His projects include housing subdivisions, carriage house development, commercial and retail projects, and warehousing development. He is also involved in the repurposing of historical structures and owns numerous buildings and properties throughout the Roanoke Valley. Dale is President of The Wilkinson Group, Inc_ He is also a partner in Prosperity Development LLC, Stonegate Properties LLC, The Shoppes at Hunting Hills, LI_C, Summers Properties, The Village at Stonegate, LLC, Eastgate Properties, LLC, Sandstone farms, LLC, 132 Campbell, LLC, RiverPark Ll_C and Old School Partners, LLC Dale's primary residence is in B0LctnurL County. Roanoke Valley native David P. Hill obtained degrees in landscape architecture from Virginia Tech and Harvard University, where he was Eliot Fellow of landscape Architecture. He formed hill Studio in 1988, as a multi - disciplinary firm of landscape architecture and city planning, architecture and historic preservation. (fill Studio combines research with practice, and in its 25 years, Hill Studio has been commissioned on 2000 projects, ranging from historic American landscapes to Chinese new towns. The hill Studio design team has become renowned for their ability to identify place -based resources and through a disciplined team approach, transform them back into vibrant community assets. A few recent as well as the cherished landscapes of colleges, presidents homes and battlefields. The firm has won awards from professional societies, historic preservation societies Places That Matter 11 Development Proposal for Fire Station 41 Old School Partners Roanoke, Virginia February I, 2017 and international developpmuit agencies. David has served as an adjunct faculty meutber at Roanoke College and Virginia tech. Davids publications and collegiate teaching is focused to the Cultural licolutimi of the American Landscape, and the Professional Practice of Design. Greg Rhodes is President and Owner of Construction Unlimited of Roanoke, Inc has been in business over 28 years and is a full sect ice construction firm. Greg's company provides a wide range of services including general mntmcting, design build, Competitive bid and consulting. We have provided construction services on man) ' types of projects, around Roanoke. Lynchburg and the New River Valley; including general office space, medical office space, multi family living, financial institutions, retail space, restaurant space and all types of residential projects_ President and owner Greg Rhodes has over 30 years of construction experience_ He started the business while attending Virginia Tech where he received a B.S in Building Construction. His business philosophy emphasizes providing personalized service and design ideas for each project, giving his clients maximum value for each dollar invested. For 30 years, the Construction Unlimited, Inc. approach to doing business is to provide quality work, on schedule while paying special attention to meet each client's individual needs. Places That Matter 12 Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 SIMILAR PROJECT — VINTON'S ROLAND E. COOK SCHOOLHOUSE Old School Partners' first project together was the renovation and repurposing of the Roland L. Cook Lofts in Vinton, Virginia. This S3 million transformation of Vinton's oldest existing schoolhouse included editing and complying to a new zoning ordinance, listing it on the National Register of Historic Places, working through a public workshop process with Town and County personnel and Vinton residents, and together creating a huilding program that is right for Vinion's growth curve while celebrating history. RESERVE NOW FOR OPENING SPRING, 2017 ROLAND E. COOK LOFTS COMPLETE RENOVATION ON THE NATIONAL REGISTER OF HIS I'URIC PLACES $ 1 NEW E .. AT3AC TA, � bj A* TOP FLOOR Z11111Oas In -A PAHTMENT LAONORIES [,I F HPTHROO1,11 .111 R11 1I11 DOOrzs O¢i6 iAAL HAROVIOOO AmO TERRNZO F1 ,1111A OPTPAII, WIYOOwS AGUNDAVT FwTURAL US GR(JNI) FLOOH UNi I S FEATURE COUEIYARD GARDENS 8 DIFFIERENT FLOOERL ANS I, uol, S ._- A Tii LOFT S This has been a highly - public, win -win development project that repurposes a cherished landmark. Our biggest and most contributing audience has been so many of the school's former students, who want to see this done properly. The Vinton Messenger updated our progress on January 26, 2017: Places That Matter 13 Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February 1, 2017 V INTON MESSENGER - January 3G, 201 Renovations to the former Roland E. Cook Elementary School in Vinton are progressing. Tire developers, Old School Partners, LLC are hoping that construction will be complete in May. Old School Partners is a local team which formed just for this project and includes architect David Hill of Hill Studio, developer Dale Wilkinson, builder Greg Rhodes, and attorney David Spigle. "Now Leasing" signs went up on the property just last week. Although the new entrance to the building will be on Jefferson Avenue, tenants will have a Poplar Street address. Despite recent inclement weather, construction crews continue to work on for the cons unction of loft apartments. Apartments are being framed up with lofts being built in the third -floor apartments where the ceilings have also been raised significantly. The second floor has standard apartments; the basement floor has patio apartments. Each unit has its own laundry, bathroom, and dining and living area. Most bathrooms are equipped with tubs. Each apartment has its own HVAC unit located in the ceiling. The building is also equipped with a sprinkler system. New windows are being installed throughout the building. The windows were replaced in the 1970s and the 14 foot ceilings lowered— a process which is now being reversed. The National Park Service has officially listed the Roland E. Cook building on the National Register of Historic Places following a lengthy review and approval process. That designation allows the developers to utilize tax credits to redevelop the property. Original arches have been preserved in the doorways of the classrooms along with preservation of the original chalkboards, which will be mounted on some of the interior walls. Original hardwood floors are being maintained as well. The auditorium/gymnasium is being preserved to meet historic standards with apartments behind the stage and will become a multipurpose room; a portion of the stage will be used for the elevator, which is now being installed. Needless to say, the views of Vinton and the valley are spectacular. The cornerstone indicates the building is over 100 years old, built in 1915. It served the town as a high school until 1933 and then as an elementary school until 1999. The building, originally owned by Roanoke County Schools, was returned to county ownership in 2013. The building occupies around 17, 642 square feet and sits on about an acre of land. The contact number for those interested in leasing one of the apartments is 540- 293 -0875 or online at www.rolandscliool.net. Visit The Vinton Messenger Facebook page for more renovation photos. Places That Matter 14 Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February I, 2017 REFERENCES We have included references for the Roland E_ Cook Loft, Commo.tLy Building project. We would encourage the evaluation committee to check these references and evaluate this project from the citizens perspective_ Roland E. Cook I -offs — Economic Development Process Contact'. Jill Loope, Director of Economic Development Roanoke County Address: 5204 Bernard Drive. SW - ROOM 421 Roanoke, VA 24018 Phone: (540) 772 -2124 Roland E. Cook Lofts —Board and Council Process Contact Ilon. Brad Grose, Mayor Town of Vinton Address. 311 S. Pollard Street, Vinton, VA 24179 Phone (540) 982 -0379 Roland E. Cook Lofts — Community Engagement Process Contact Anita J. McMillan, Director of Planning Town of Vinton Address: 311 S. Pollard Strcet, Vinton, VA 24179 Phone- (540) 983 -0601 Roland E. Cook Lofts— Citizen Perspectives Contact Debbie Adonis, Writer Vinton Messenger email c n Contact Doug m Mattie Forbes Vinton Historical Society Phone: (540) 342 -8634 Places That Matter 15 Development Proposal for Fire Station #1 Old School Partners Roanoke, Virginia February 1, 2017 BUSINESS AGREEMENT AND FINANCIAL PLAN old School Partners, or assignee as described below, proposes that the City of Roanoke subscribe to a written agreement between the parties that allows for a thorough due diligence period, as well as a public comment process. This due diligence period will be incorporated in a document consisting of an initial 120 -day study period, and (3) 60 -day extensions of the original study period_ During that time, Old School Partners will study, at its sole expense and discretion, all the variables associated with the development of the proposed plan, including but not limited to environmental issues, emnotmic viability and financing opportunities, structural integrity, negotiation with proposed tenants, acceptable title, and public support. During this study period the City of Roanoke will support the good -will effort of Old School Partners to bring this project to a successful completion. Ultimately that would result in a transfer of fee simple ownership of the property to Old School Partners_ Old School Partners agree to conduct the public input process described earlier and to introduce the project and intended use to the community and to request feedback from the stakeholders. Old School Partners will prepare a report of feedback and prmide it to the City of Roanoke within 45 days of the last public meeting_ Other provisions to be included within the written agreement, or if appropriate, a to -be- formed performance agreement shall include: • A provision which declares that covenants and restrictions will be developed to protect the h3tonc integrity of the property in perpetulty- • Old School Partners will comply with all requirements put forth by the Secretary of the Interior and/or the National Parks Service in applying for and utilizing historic tax credits. • Old School Partners will post a Letter of Credit or bond in the amount of $250,000 should they exercise their right to proceed to closing and transfer of the title allowed in the agreement. • Old School Partners will agree to provide a first right of refusal for the City of Roanoke to repurchase the improved property at a In -be- negotiated purchase price should Old School Partners sell the improved property after a negotiated period of ownership. • the City of Roanoke will agree to transfer fee simple title to Old School Partners upon a real estate closing at a cost of $100. • the City of Roanoke will agree to waive all building and permit fees, connection fees and project review fees for this project. • The City of Roanoke will waive the first 10 years of real estate taxes. • The legal entity representing the buyer shall be Old School Partners or a to -be formed new entity solely comprised of all or some members of Old School Partners. Assignment of the agreement shall be allowed for this purpose but to no other entity. Places That Matter 16 �N "ii 1. 111. Coll I I'll III, I Io I I I A d, dd, m I Ill I.o 1. 11 C- lol I olooll 111 Col. loo—do, I do—, Id—dillool Coll, ,'I 1. 111. Coll I I'll III, "I � 11 1 �l 1, 1 — , , � I .. .... . .... I- t 1, k, I .......... . . ...... 1414 N I 111d�, �l, 1, I'd A qt,, ]r t I I I �, .111 "t I It It I'll Ni 1,1— oF t, It c I ol, I'll 1 Rtc 1 lo, I 'It I 'l, I I I'll 11 In .11 ... 11 1. ......... "t. I It. rT 'it 1 1, d bI,I,,IIL I'll 1, Attachment 1 Historic Design Examples 126 -128 WEST CAMPBELL AVENUE STUDIGs ON THE S©LJARF - ANGELL BUILDING Rcnno.E, ViRCNr, 61 The Angell Building at 126128 Campbell Ace, SIN; was c instructed in 1902 by entrepreneur Robert H. Angell (a founder of Shenandoah life Insurance Co -) in the early days of Boanokds development as a city - the 2rroom Home I lotel once located there had running water in all rooms and they were priced from 75 cents to S2 a day. It later became the Raleigh Hotel and the Karkennp tamiiv once operated a restaurant there- After ..coral years of decline, the Angell Building stood vacant nn Campbell Avenue in downtown Roanoke and was threatened b}' demolition in the 1980s- Taking advantage of the location of the building in butte National Register and local historic districts, the de vet opers Great i ve l v co m'e rid the bu ild ing i nto a To ts'slud i os and ga l le ry s'pace. The renova true, designed by dill Studio, retuned the interior floor plan, with windows in rooms opening into the central hall and light court to provide Indic ideal, yet Well lit and venhlated spaces for the artists. The commensal space on the 1" floor is used as a gallery and a restaurant. An exterior space at the rear of the building (which had been connected to another building with a hyphen) ryas designed to provide a stairwell While retaining the exterior qualities of the bindings and space All 20 studios mere leased immediately and construction is undervav for phase Lino of the project in an adjoining building to the rear. The project has been a tremendous success — rei ill in both the arts and preservation communities. .. .... CITY MARKET BUILDING HISTORIC TAX CREDIT PROJECT ROANOKE, VIIdGINA As the preservati on consul tanton the renovation of the Roanoke City Market Building, HilIS tudio prepared the state and federal historic tax credit applications and provided historical research and technical assstance to the project. The 1922 Georgian - Revival style market building„ designed by Frye and Chesterman, stands as the centerpiece to Roanoke'-, City Market Historic District. The $105 million project included the restoration of the historic canopy, the replacement of non - historic windows with more appropriate replacement windows, the removal of the 1980s neon signage, improved ADA accessibility, and the upgrade of systems to be more energy efficient. The redesign of the market interior was based on historic photographs, featuring tiled counters with stainless countertops and exposed brick walls. The auditorium on the upper Floor was also renovated as Charter Hall it ith theaddihun of restronms and food service facilities. Completed in 2011, the Roanoke Cih Market continues to serve as a hub for activity in downtown Roanoke and has spurred many other improvements in the area. The project received an award in 2012 (Torn the regional chapter of the Public Works Association. H I i. I. .1 1, D I C HILL STUDIO OFFICE RENOVATION AND DOWNTOWN LIVING EXPO Roa,o +r, VI,GWN kii- In 1996, the City of Roanoke, the Arts Council of the Blue Ridge and Hill Studio sponsored the Artist and Designer Open House Hill Studio hosted the artist and designer showcase for one month. Artists, interior designers and furniture retailers joined as teams to design specitic spaces in the unfinished office spaces of HIII Shadio. The project was a great success for the participants, bringing visitors from the region to view the designs, generating interest in the art, professional inteuordesign services, and buyers for the furniture featured in the crafted spaces. This became Roanoke', first "Dorcntown I.ivin'' expo, which continues as an annual tradition, highlighting the opportunity to create unique and usable living spaces in dmvntown Roanoke. FRANKLIN DEPOT AND MAIN STREET IMPROVEMENTS FRANKLIN, VIRGINIA Bill Studio has worked with the City of Franklin since 1999 providing community development and architectural services. Engaged to assist the community in rebuilding following the flood trom Hurricane Floyd, Hill Studio and citizens worked to initiate S23 million in recovery grants to iebuild the devastated downtown. The effort included streetscape improvements to downtown Main Street, followed b}' restoration of the historic CSX Depot to accommodate a new visitor center, office space, and a museum. The adjacent property was developed for parking and a park. C C Q; �t `_ rit°� f a 6 re Ir L HOTEL ROANOKE MASTER PLAN ROANOK6, VIRGINIA The 1991 Hotel Roanoke master plan was developed by the Classic Properties /Perez Associates design team to find the most so i table sites for the proposed Roanoke City Conference Center, Exhibition Hall, and sitework renovation of Virginia Tech's Hotel Roanoke. This plan was proposed as part of the $32 million project. As project landscape architects, HIII Studio provided the master site development plan. Capital project proposals included a new Jefferson lloulcvard, railroad terrace, memorial greenway and an S -curved pedestrian bridge over the railroad tracks linking the Hotel to a parking garage, keeping the hotel facade clearly visible from the Roanoke City Farmers' Market. Hill Studio continued as project landscape architects with the Faison/I BA2 team and detailed the hotel grounds in accordance with the concept of the 1890s plan for the grounds. It I I I > -I U D1U . FIRE STATION #1 BELL TOWER R =_stoannou Roanoke, Virginia Hill Studio worked with the Cal of Roanoke, and Mark Clark of Southwest Restoration to restore the bell for +,er of Fire Station dl in downtown Roanoke. There are many unique aspects of this job, in particular, the fire station continued to operate and remain to I I functional during its renovation phase. The master craftsman contractor became a temporary employee of the Citv during the process, and let a series of small contracts to minorities, and then coached them during construction, building the Citv of Roanoke a new generation of master craftsmen. With this experience, the craftsmen will be able to pursue significant restoration work, benefiting the community and the CCOT1Umv. this project was the recent recipient of the 2004 Public Works Project of the Year Award from the American Public Works Association, as well as the APVA Preservation Virn nia Gabriella Page Historic Preservation Award. MILLER'S HILL ROANOKE, VIRGINIA The Millers Hill Project on Day Avenue was a successful demonstration housing revitalization project that implemented the long -range planning initiative set forth in the Roanoke 2020 Comprehensive flan to diversify housing in inner -city neighborhoods. Today, it serves as an exemplary case studv for collaborative neighborhood revitalization and community development. Project Overview and Partners In partnership with the City, of Roanoke, the Roanoke Redevelopment and Housing Authority purchased seventeen of the twentV properties in the 400 block of Day Avenue SW in 2005 for $,344,000. Located on the edge of the national and local historic district these seventeen properties housed seventh -seven substandard apartment units. The deteriorated condition of these properties posed a threat to the integrity of the historic district boundary and the sun'ounding properties with their steady decline. h Ui, aa � T' r 9 t E, Diverse partners were necessary for the project, as it required the rehabilitation of an entire block of deteriorated properties for middle to upper- income housing. These partners included the City of Roanoke, the Housing Authority, and Old Southwest, Inc. (the local neighborhood association). Other members of the project team included Hill Studio (architecture, landscape architecture, and preservation consulting services), 6reakell Inc. (general connector), and MKB Realtors. Project Approach and Challenges .a....ve'i+�...,. - Beginning in2005,the project planned to convert the seventeen properties onto S,venty-seven rental units to single - family, owner- occupied houses. , The strategy to accomplish this goal included the use of state historic tax credits, low interest loans, and local tax abatement programs. The - homes were rehabilitated in accordance with the "Secretary of Interior's Standards for Rehabilitation" and EarthCraft energy standards. Infrastructure improvements made by the City in support of the project included the relocation of utilities, sidewalk and alley improvements as n 7 7 well as meet plan tangs and ncxv peiiod- ap pro priate lights. The renovated ._.,.. Y l g D 1 0 4nnvumu? YlonN g 1 —d ",", trdnvnnrc nRM1la iwc 1'n .... 't houses combined traditional architectural features with modern amenities in kitchens, family room areas, and master bedroom suites for toda}'•s living preferences. Market price for the renovated homes ranged from $250,000 to $300,000. A Miller's Hill Project website was developed to promote the project and market the houses nationally. After successfully completing eight of the seventeen houses, the Miller's Hill project stalled due to the collapse of the housing market in 2008. By 2009, however, the demonstrated success of the project attracted private developers and individuals to purchase the remaining nine houses and complete the revitalization of the block. Deed restrictions placed by the Housing Authority required that renovations be undertaken in a manner similar to those already completed -- including all new electrical wiring, plumbing and HVAC systems to meet Energy Star standards. The $3.65 million investment made by the Roanoke Redevelopmentand f Iousing Authority successfully sparked the transformation of this once deteriorated block of substandard housing to a revitalized neighborhood of market -rate, single - family homes. "Phis investment also served to spur additional private investment in the surrounding blocks of the Old Southwest neighborhood. Successful Project Outcomes As of 2015, the Roanoke Redevelopment and Housing Authority successfully renovated and sold eight houses, and private developers or individuals P urchased and renovated nine additonaI houses. Thrce of the houses on the block have always been in private ownership and were not part of the concentrated rehabilitation effort, however, those owners also have been making improvements. The project has influenced investment and improvements to other houses on adjacent blocks and streets. iin a •R !u s i •fir T t' D 1 U c y vly�iin �,,,d..:��, a. 1 nia i.d.o. i n. ...bi��,� PRESERVATION CONSULTING MOUNTAIN LAKE LODGE MOUNTNN LACE, VRGINIA The Mountain Lake Lodge is positioned on a 2555-acre property in Giles County, Virginia. Owned by the Mary Moody 1Northen Endowment, the expanse of largely undeveloped land is protected under a conservation easement. The lodge overlooks Mountain Lake, one of two natural lakes in Virginia. The ca. 1936 Main Lodge teatures one hundred rooms, eight of which are luxury suites. The building is clad in native limestone gathered from Salt Pond Mountain. The style of the hotel is Craftsman, with Adirondack influences. West of the Main Lodge, along Golf Links Lane, are eight historic log cabins, built 1900 - 1931. Farther up Golf Links Lane are the modern Blueberry Ridge Cottages. She nine guest cottages surround a conference center. Golf Links Lane continues north and west to the former golf course and the golf clubhouse. At the north end of the lake, on the west side, is the Newport House, constructed in the location of the former boathouse The property also includes three additional historic log cabins, it former filling station, and a historic barn. Modern guest cottages and recreational amenities— including a gazebo, amphitheater, tennis courts and a pool —also exist on the property. Hill Studio was contracted to serve as the preservation consultant for the rehabilitation of the Main Lodge, the historic log cabins, the former Hlling station, the golf clubhouse, and elements of the historic hardscape. Our team provided guidance on appropriate replacement materials and repair techniques- Hill Studio completed the state tax historic tax credit applications for the Main Lodge and filling station and will continue to partner with Mountain Lake Lodge on future phases of the rehabilitation. SI t D f U PONCE DE LEON HOTEL PRESERVATION CONSULTING ROAtiOKE, VeGINN In 2012, Hill Studio consulted with developer and contractor Faisal Kahn to renovate the former Ponce de Leon Hotel as a mixed -use development. Originally built in 1890 as the Trout House, the hotel was rebuilt after a fire in 1931 and renamed the Ponce de Leon. The Art Deco hotel with its Mediterranean -style interior was Iater remodeled in the 1970s as the Crystal Tower office bui Iding with many of its original features being covered by modern materials. As the state and federal historic tax credits were critical to the success of the project, Hill Studio worked with the project Learn to take a sensitive, Net functional, approach to the careful preservation of historic elements while implementing necessary upgrades that resulted in a highly functional, and modern mixed - use development. The project team relied heavily on photographic documentation, physical evidence and original architectural drawings to faithfully restore thePonce de Leon to its 1930s appearance with its unique combination of Art Deco exterior and exotic Mediterranean and Deco interior. On the exterior, portions of the original recessed entrance with its projecting marquee, free standing columns with terra -cotta star capitals, and terrazzo Floor Inlaid with a compass rose were uncovered. The marquee and store. front cornice were reconstructed based on historic photographs and drawings. On the interior, the arched openings and the travertine marble wainscot of the vestibule and lobby were uncovered and the decorative railing of the mezzanine was reconstructed- The large ballroom overlooking the lobby was also reopened based on phvsical evidence and historic postcards. I he $14 million project completely converted the historic Ponce de Leon into 90 residential rental apartments and 8,800 square teet of commercial space . -I'lie retention of histon cal Iy significant spaces and architectural features, combined with the adaptive reuse of the 81 347square-foot building as a mixed -use development greatly increased the value of this striking building in Downtown Roanoke and con itnocs to contribute to the growth and development of the area. Loa — moms ,r N101a,I Co, P onmmph 9 .0 111y� � "n THE AUCTION HOUSE ROANOKE, VIRGI.NO Built in 1930, this commercial warehouse is located on Campbell Avenue in downtown Roanoke. The 12,739- square -toot brick industrial building once served as the Industrial Arts Building for Jefferson I hgh School. After sitting vacant for a number of years, the building was rehabilitated into 19 market -rate loft apartments. The living units contain much of the original interior features in their design, including exposed steel beams, concrete floors, and industrial steel -sash windows. One unit even incorporates the original freight elevator cage into its design. The storefront of the building, which had previously been infilled, was reconstructed, based on physical evidence. Kill Studio completed the federal and state historic tax credit applications, which played an important role in financing the project. THE PATRICK HENRY HOTEL HISTORIC TAX CREDITS ROANOKE, VIRbAN /i B., Il in1925,the Pa trick Henry Hotel is a landmark indowntown Roanoke Rich with architectural detail, the grand 133,166 -square -foot building is listed individually on the National Register of Historic places. After the Roanoke Valley preservation Foundation placed the hotel on its Endangered Sites list m2009, it was pw'chased by 611 Jefferson, LLC, and transformed into a mixed - use development that includes 133 market -rate apartments, a restaurant, and other commercial uses on the ground floor. Hill Studio completed the federal and state tax historic tax credit applications, which played an important role in financing the prujec[, The project a Iso utilized New Market Tax Credits, enterprise zone incentives, and VHDA financing to complete the S25 million dollar building rehabilitation. I f i l l . L S T U D I O HARVESTER PERFORMANCE HALL ADAPTIVE REUSE OF LYNCH HARDWARE BUILDING Rccs MOUNT, VIRGINIA Hill Studio architects worked with a collaborative team of engineers and performance and stage specialists to develop design and construction documents forthe Harvester Performance Hall. In addition, Hill Studio provided historic tax credit assistance and grant writing for the facility. The Lei formance venue serves as the welcoming start of Virginia's Crooked Road Heritage Music Trail. The downtown building originally was the International Harvester Dealership, a franchise designed by the famous industrial designer, Raymond Loewv. ROLAND E. COOK ELEMENTARY SCHOOL VINTON, VIRGINIA hill Studio worked with Roanoke County and Old School Partners in 2015 -2016 to renovate the former Roland E. Cook Elementary School in the town of Vinton for adaptive rouse as market -rate apartments. Hill Studio prepared the nomination to Iiistthe 1915 Classical Revival -style school on the Virginia Landmarks Register and the National Register of Historic Places After successfully rezoning the property to comply with the Town's new Mixed Use District, the lfill Studio team worked closely with the owners to develop a plan to seesi lively adapt the three -story school building anditsone -acre site to accommodate the new use. Design challenges included creating ADA access with nesv entrances at the rear and the installation of an elevator; creatively adapting the former classrooms into attractive living spaces while retaining historic features such as dial kboards and cloak rooms; the adaptive reuse of the auditorium aS a community Space; the creation of exterior patios; and, designing the site to manage storm water runoffand accommodate parking. Historic photographs were studied to replace the 1966 metal windows with appropriate, new, wood -sash windows. The $3 million project complies with The Secretary of the Interior's Standards to qualify for state and tederal historic tas credits as it sensitively adapts the 1915 -1924 school building for residential use while retaining its historic character as an early 20th - century school that stands as a centerpiece of the axmnunih' I I I I . L . I 1 T I O THE GREENBRIER HOTEL WHITE 5ULPHJ1 SPRINGS, WEST VIRGINIA Hill Studio has provided historic tax credit consuIfing services to The Greenbrier to support the resort in completing their multi- phased application for federal historic tax credits. Hill Studio's role in this ongoing project has been to assist in identifving the scope of work associated with each phase of the project and providing additional information to the National Park Service for their review of the project. The multi- phased project includes the reconstruction of the front portico, general exterior maintenance, and the refurbishment of the interior of the hotel- Future phases will include the repair and upgrade of the West Virginia Wing and the historic guest cottages. Attachment 2 1979 Fire Station #1 Study RENOVATION STUDY FIRE STATION #1 ROANOKE, VIRGINIA FEBRUARY, 1979 PREPARED BY SMITHEY AND BOYNTON ARCHITECTS AND ENGINEERS ROANOKE, VIRGINIA GRIGG, WOOD, BROWNE, EICHMAN AND DALGLIESH HISTORICAL CONSULTANTS CHARLOTTESVILLE, VIRGINIA CONTENTS Pages 1. Authority and Purpose 1 2. Historical Analysis 2 _ 4 3. Outline Uescription of Existing Exterior and 5 _ 13 Interior Building Fabric 4. Analysis of Existing Conditions and 11 _ 14 Recommendations for Preservation of Building's Fabric 5. Evaluation of Structural, Mechanical and 15 - 19 Electrical Systems 6. Evaluation of Interior Space Utilization 20 - 39 ]. Compliance with Statewide Building Code 40 _ 41 B. Cost Estimates 42 - 43 9. secomme ndauons 44 AUTHORITY & PURPOSE 1. AUTHORITY AND PURPOSE This Renovation Study of Fire Station 51 was authorized by Ordinance No. 20245 adapted by the Council of the City of Roanoke at its meeting on July 10, 1978. The terms and conditions for the study are detailed in the City's "Request for Proposals ", issued in April, 1978, the Architect /Engineer's proposal submitted in May, 1978, and the "Goner and Architect Agreement" dated July 10, 1978. The purpose of this study is to examrne, in a preliminary way, means to preserve and restore the historical character of the building; the con- dition and usefulness of existing structural, mechanical and electrical features of the building; and, possible future uses of the building interior. The study addresses this purpose by means of text, illustrations and preliminary cost estimates. The cost estimates should be construed only as general guides for comparative and long -range planning purposes. Defin- itive cost estimates for budget purposes are beyond the scope of the present study. The building is located at 13 East Church Avenue in downtown Roanoke, Virginia, was constructed in 1906 and is now listed on the National Register of Historic Places. HISTORICAL ANALYSIS 2. HISTORICAL ANALYSIS Prior to 1884, Roanoke, then an unincorporated town, was called "Big Lick ". At that time, fire protection was provided by volunteer fire fight- ing companies organized by early business interests of the town. These early companies were both fire fighters' and gentlemen's social clubs. They housed themselves in their own quarters and provided their own equipment. In 1884, the growing "Big Lick" became incorporated and was renamed "Roanoke ". Concurrent with the chartering of the town of Roanoke, the Vigilant Fire Company was organized. This early company was made up of volunteers who held bazaars and dances to raise funds for uniforms and equipment. By 1888, they housed themselves and their equipment (which was sometimes borrowed by townsmen to assist apple harvesting) in Rorer Hall (see Illustration 1). 1 2. As the City grew and prospered, concerned City Fathers saw an urgent need for modern facil- ities and professional fire fighters. In July of 1904, the old Rorer Hall was sold to C. H. and J. L. Vaughn for $15,000.00. A new Firehouse was pro- jected at to cast over $13,000.00. It was planned to employ three full -time firemen at salaries of $750.00 per year. By December 1905, H. H. Huggins, a popular Roanoke architect, presented plans for a new fire station to be executed in adaptation of the Georgian Style (see Illustration 2). The estimated cost was 2 $25,000.00, but would be "one of the handsomest in the State ". Little is known about Huggins' architectural practice. His advertisements give testimony to an effective aggressiveness which was manifested in the City's acceptance of the design and passage of a public bond sale to finance the construction at a sum nearly double the projected cost. By February, 1906, bids were received and the successful contractor, John F. Sarbour, was breaking ground. The contract price was $24,000.00, but did not include "wiring of the building and other items of expense ", which would eventually raise the final cost to $30,000.00 (see detailed description in Section 3). The new quarters were occupied on February 6, 1907. Several colorful stories are repeated concerning the building and its history. Even before it was completed, it was used as temporary dormitory housing for veterans attending a Confederate soldiers' reunion. Damage from tobacco juice, which missed the cuspidors, was extensive and contractor Barbour was said to view his uncompleted job with great dismay. Reverence for the veterans, however, was such that no protest was raised and the damage was quietly cleaned up. The original equipment was horse drawn and the facilities reflected all of the amenities for precisely maintained stabling. The animals were fully trained for their unique role. Old- timers recall that the faithful fire horses were trained to position themselves beneath the suspended harness at the pumper and ladder wagons when the fire alarm sounded and stand there until harnessed and hitched. In later years when the animals were released into private ownership, they were known to haul their new owner and his wagon wildly through the streets to the fire station in response to fire alarms. The horse drawn equipment was replaced by motorized units in 1911. Happily, the design of the building permitted full adaptation to the housing of the "rubber wheeled demons ". 3 The structure faced demolition in 1969 to make way for downtown rehabilitation programs. The Roanoke Historical Society and several other concerned agencies and individuals moved quickly to have the structure placed on the National Register of Historic Places, thus averting loss. In view of the City's plans to build a new fire station, it was proposed that the structure serve as a museum. Plans for the new fire station were delayed, however, and old Number One continues even to the present to serve its original design function. Illustration 3 shows Fire Station 41 as it appears today. 3. 4 DESCRIPTION existing building fabric 3. OUTLINE DESCRIPTIDN OF EXISTING EXTERIOR AND INTERIOR BUILDING FABRIC EXTERIOR: Overall Dimensions 48' -2" wide x 135' -11" deep, 2 stories above grade. Foundation Front - rough -hewn limestone ashlar, approximately three feet above ground level in front. Rear and side - concrete and spread brick footings. Wall Construction Brick, unpainted except rear wall. Brick on facade smooth, pressed brick veneer with rusticated ground floor. Rear and side - hand moulded oversize and in five course American bond. Trim Pressed metal Corinthian cornice at roof with modillions and dentils; terra cotta Corinthian pilaster capitals on facade; pedimented cupola with areaded belfry capped with small done - all painted white. These now require extensive repairs or replacement. Come of cupola is sheet metal. Base of cupola is flanked by ornamented brick volutes. All capitals on front facade of plaster. Keystones of granite. Chimneys One small chimney for furnace on rear southeast side. Large hose and practice tower on rear southwest side. Opening. In front, two large wood double doors ioriginal) in both bays for fire engines. Small wooden door in center for pedestrian entrance. Two large overhead doors (modern) in back of building with small door in center. The windows are large, painted wood frames and sashes and concrete sills. Unique iron supports are evidence of horizontal slide shutters once used an the outside. Second floor facade windows are set in arched panels and have stone keystones. 4 Bell Tower Roof Gently sloping standing seam metal roof, painted, later treated with tar. Roof is concealed on facade and sides by a brick parapet (illustration 4). On the front, a bell tower (cupola) rises above the flat roof. Bell can be seen through arched openings. Dome on top. Remotely similar to the tower on Independence Hall, Philadelphia ( illustration 5). 6 INTERIOR: Basement Entered by a spiral metal staircase, originally contained a coal furnace and coal bins. The basement only occurs under the rear part of the building. Beams and the concrete floor moulded over metal arches are visible in the coal bin area. Metal covered coal chute openings in rear of building. Large metal covered openinq in rear of building (machine area) used for removal of ashes. First Floor Height, 16 -1/2 feet - floor to ceiling. The floor is concrete, grooved to allow for better traction, and sloped for ease of cleaning. galls, solid brick, now painted but probably not originally. In rear, south side, metal spiral stairway. In front, a handsome wooden free flying staircase. The ceiling on the first floor (illustration 6) is elaborate embossed metal, painted silver, with some of the original flower -like lighting fixtures, some replaced with fluorescent lights. Large original sets of double wooden 4 .T OAK doors in front contain original brass and iron hardware. Doors now painted brown. Six original steel columns support a large steel beam running the length of the building under the second floor. Six brass slide poles come through openings of second floor doom to first floor. Heating - steam from boiler to large pipes on ceiling of first floor, then down to radiators elevated off the first floor, and up to radiators on second floor. Original pipe from steam heating system still on ceiling of first floor, also used to fill steam pump engines, enabling more rapid steam pressure. (For details of heating system see Section 5.) Windows are of simple wood framing with some original glass remaining. Second Floor Eight rooms with unfinished maple floors. Original poplar wainscotting halfway up walls of Chief's office. Now wood grained (original paint finish). All trim and doors finished same. In other rooms, woodwork, chair rail and picture rail are all painted same. All metal ceilings and plaster walls are painted beige. In the large sleeping room, the original built -in wooden lockers are still in use (illustration 7). The bathroom, off this area, 7. has some original plumbing fixtures and wooden dividers. Two haylofts, one used for storage, the other as a kitchen- dining room. Large doors on rear of these rooms visible where hay was lifted in for storage. Also visible, both inside and out on south side of building, are hoists and runners used to lift the hay. Two large skylights remain in the sleeping roam. Steel columns support a beam running the length of the building on the second floor ceiling. Ceiling of the second floor embossed tin now painted beige. some of the original lighting fixtures remain. There is an attic space above second floor. Roof structure is wood frame. The cupola is reached by ladders Eram second floor. Hose tower on southwest corner has original wood covered window -like areas which permitted use of the structure as a personnel training tower. Inside original iron climbing bars are visible and still used to dry hoses. Original wood top of tower removed about 1920. In summary, the original structure, trim, equipment and finishes are extant to a degree that permits a quite accurate preservation and reconstruction project. -The above information has been adapted from the VIRGINLa HISTORIC LANDMARKS COMMISSION evaluation report supplemented by recent field observations. b ! LQJK� J N NG MSP�MOIJT jJ '� I,� iauazt � I tt BATH � .OVN3E cewMNS� �'' YfMDRO�'iG. ��• r L �Nrn; X GO:UMN h ti �i��2rtTLiS 2CCM F J e III �"I�M IT�Y III -unme 1f1�f d ij q I pIRST p_OOR flLAN =_XI57ING S'iL.[JD °10FL FLT -N Q{U(Z l A\�=NUE _.._ ANALYSIS & RECOMMENDATIONS preservation of building's fabric 4. ANALYSIS OF EXISTING CONDITIONS AND RECOMMENDATIONS FOR PRESERVATION OF BUILDING'S FABRIC Fire Station Number One is at present an operating firehouse and is main- tained in a generally good state of repair. The building is an above average example of early 20th Century firehouse architecture, having a richly embell- ished facade in the English Renaissance style of Sir Christopher Wren, and handsome interior appointments. Its lack of any major modification is a testament to the success of its design. The following guidelines should be observed in order that the building suffer no loss to its historic or architectural integrity. EXTERIOR 1. The building's facade should be preserved as is, with no major modifi- cation to its design or architectural detail. Some of the brickwork is in need of repointing and such repainting should follow the shape and color of the original thin tinted joints exactly. The soffits of the fire engine doors have been crudely repointed with improper mortar in spots, and such reprinting should be corrected. 2. The trim, doors, the top moulding of the main cornice, the cornice above the parapet, and the cornice above the first Level of the cupola should be replaced in portions and stabilized, and he painted the original color determined by careful paint color research. The curved brick parapets at the base of the cupo La have disintegrated and require meticulous restoration. 3. Under no circonstances should the facade's brickwork or stone be painted. (The Corinthian pilaster capitals should remain white, however.) It is not necessary to steam -clean the brickwork or stone and, under no circum- stances, should the brickwork or stone ever be sandblasted, neither should 11 any part of the building ever be subjected to any form of this destructive cleaning process. it is not necessary to remove the paint from the rear wall, nor is it necessary to maintain the present color of the rear wall. 4. The pediments, cornices and pilaster capitals around the top of the cupola are deteriorated and require restoration. Should any of this detail have to be replaced, the new element should match the original exactly. 5. The present sash and doors of the main facade (including the great fire engine doors) should be retained. Any necessary grilles, bars, screen or storm windows, screen or storm doors, or any other secondary doors should be placed behind the present sash and doors and not in front of them. 6. The present grooved concrete paving in front of the firehouse should be retained, if pcssible. ]. The maintenance of the building's present rear elevation is not essential to the preservation of the building's architectural integrity and may be altered or structurally modified with taste and restraint to suit the needs of new uses. It would be desirable to retain the present hose tower, however. 8. Under no circumstances should additional stories be placed on top of the building. 9. Additional space for expansion may be provided to the south of the present structure. Such an addition should be done with appropriate 12 respectful restraint observing the historical content of the old firehouse. I h'I ERIOR Like the exterior, the building's interior survives in a generally good state of preservation and retains most of its original elements. whatever use is selected, it is essential that the present character of a major portion of the first floor area be preserved. This would require the preservation of the following first floor features: (a) The stamped sheet metal ceiling. (b) As many of the mechanical fixtures as possible such as steam pipes, radiators and original type light fixtures. (c) The present grooved concrete floor. (d) All the brass sliding poles and their base pads. (e) The metal circular staircase. (f) Restored paint colors should replace the present modern paints. (g) The horse -gnawn brickwork in the side walls. (h) The wooden -curved stair at the front, including its wood grained Paint. (i) As much of the original furniture, notice boards, hose racks, cabinets and other fittings as can be obtained. The following further criteria should be observed: 1. The elevated dispatcher's office behind the free- Elying wood stair is not an original feature and should be removed. The missing stair railing which was removed for the dispatcher's office is located in the attic, making possible the complete restoration of this stairway. 2. The maintenance of the present appearance of the repair shop between the brick arches and the rear wall is not essential to preservation of the building's architectural intearity. This space may be altered and modernized to suit the needs of a new tenant. A new wall could be located approximately sixteen feet to the north of the existing interior wall, incorporating an existing supporting column. 13 3. On the second floor, the general present character should be preserved. Commensurate to the new uses, this would include the retention of the following features: A. The hardware, especially original doorknobs and plates. R. The stamped sheet metal ceilings and skylights. C. The original light fixtures. O. The maple flooring. E. The window trim and sash. F. The brass sliding poles and their hinged covers. G. Painted wood graining on the woodwork. H. The existing doors and their trim should be reused. Should it become necessary to alter spaces, especially the large bed- room area, by the erection of additional partitions, for ductwork and /or fireproofing, none of the aforesaid features should be removed or irremediably altered. 4. The rooms and other spaces to the south of the large bedroom area are not considered essential to the architectural integrity of the building and may he altered or modernized with taste and restraint to suit the needs of a new tenant. This summary of minimal remedial work reflects the results of recent evaluation and the initial general recommendations of VIRGINIA HISTORIC LANOMARM CONNISSION. 14 EVALUATION structural /mechanical /electrical 5. EVALUATION OF STRUCTURAL, MECHANICAL AND ELECTRICAL SYSTEMS A. EXISTING STRVCTURAL SYSTEM The roof construction is supported by wood trusses spanning from side wall to beam and wall at the center of the building. The second floor is n, ple flooring and sub - flooring nailed to 2 -3/4" x 15" Pit- joists spaced at 14" on center. The joists span from side wall to a beam in the center of the bull ding that parallels the side walls. The second floor beam is 2 -15I 42.9 side by side and supported by round steel columns spaced at various distances. It appears that the second floor will support a Live load of 90 pounds per square foot and a dead load of 22 pounds per square foot. The first floor is a slab on grade except for the rear portion that spans over the basement area. The slab over the basement appears to be able to support 100 pounds per square foot. The exterior walls are constructed of solid brick approximately 18 inches thick. The structural integrity of the building appears to be in quite good condition. B. EXISTING MECHANICAL SYSTEMS The original boiler for the heating system was a coal fired low pressure steam boiler. A coal bin was provided in the basement adjacent to the boiler. This boiler was later converted for gas firing, and was then removed, during the summer of 1978, to be replaced with a new gas fired low pressure steam boiler. Cast iron radiators are provided throughout the building for heating in each space. Generally, the low pressure steam main supplying the radiators is exposed at the first floor ceiling, and all runouts to radiators on both the first and second floor are exposed. The condensate return pipe is exposed along the side walls just above the first floor. The present cast iron radiators are of several different designs, indi- cating that additional radiators have probably been added to provide greater heating capacity and that some original radiators have required replace- ment due to failure or breakage. The locations and arrangement of some of the odd radiators would probably indicate their addition was to satisfy a need for additional heat. Apparently steam connections were originally provided in the apparatus room for preheating the steam generators on the early fire engines which had steam - driven fire pumps. This may be an interesting feature to retain, especially in a museum type facility. There were no provisions for mechanical ventilation in the original building. The opening of doors and windows apparently provided natural ventilation. The skylights on the second floor had operable sections which could be opened to provide additional ventilation. 16 A large ceiling exhaust fan and some window air conditioning units have been added on the second floor. These should be removed if the building is to be returned to its original character. The condition of the existing radiators and steam piping is questionable. Should they continue to be used for any length of time they would probably require major repairs or replacement. Replacement of the radiators with matching units would require special castings and would be very expensive. It would appear that retention of the radiators and piping should he for appearance only, and that a new heating system of a type suitable for the new building usage should be provided. Perhaps, a combination heating and cooling system would be desirable. Plumbing fixtures are generally in poor condition and in need of repair or replacement. A.few old style plumbing fixtures that may be original equipment do remain. Most original fixtures have been replaced. A new plumbing system to suit the needs of the new building usage will likely be required. C. EXISTING ELECTRICAL SYSTEMS There is little of the existing electrical system that appears worthy of preservation or restoration except for the incandescent ceiling lighting fixtures located in the Apparatus Room and on the second floor. Some of these fixtures have missing or broken glasswork and some have apparently been modified since the original installation. In the Apparatus Room, four of the incandescent fixtures have been replaced with pendent fluorescent fixtures, and in the first floor shop area all the incandescent fixtures have been replaced with fluorescent fixtures. An old fused switch type panelboard with exposed buswork is still in use at the point of electric service at the front of the Apparatus Room. If protected behind a locked glass door, it may be worthy or preservation as an historical item but not as a working panelboard. M old signal wiring terminal board in the small room at the northeast corner of the Apparatus Room may be of some historical interest. The alarm bells and some old pushbutton light switches could also be retained for historical purposes. The remainder of the electrical system appears to have no historical value, most exposed portions having been installed in relatively recent years with more or less conventional equipment and wiring methods. Most of this exposed work should be removed. There remains some knob and tube wiring in the attic and concealed between the floors, but it would not be visible to the general public and, for safety reasons, should be replaced with concealed modern conductors in metal raceways. At present there are two points of electrical service to the building, one at the northwest corner of the Apparatus Room, and one at the second floor is kitchen area. Both services appear to be 120/208 volts, 3- phase, 4 -w1re from an underground network. However, in both cases, one phase wire is disconnected and service is received at 120/208 volts, single phase. With proper distri- bution equipment, it appears that future 3 -phase loads (air conditioning for example) could be accommodated with relative ease and ainimum expense. There appear to be no blatant code violations, but the general nature of the wiring is messy and disorganized, and for maximum safety in any major remodeling or renovation project all existing wiring should be removed and replaced. 1a EVALUATION n interior space utilization (� 6. EVALUATION OF INTERIOR SPACE UTILIZATION This analysis addresses itself to an examination of the most feasible future uses of Fire Station #1 including those suggested by the City of Roanoke in its original Request for Pr000sals. Additional ideas for the use of the building, informally proposed in meetings with Historical Consultants, City Officials and representatives of Moore /Graver /Harper (who recently completed the Comprehensive Downtown Roanoke plan) were also evaluated and analyzed. Many of these ideas had reference to the housing of certain elements of a downtown "cultural center ", particularly those having to do with fine arts and the Roanoke Historical Society. The study by Moore /Grover /Harper recommended that these diverse elements be centralized in a single building near the City Market. From that point on, no further consid- eration was given to their location in the fire station building. Of the potential uses of the building under analysis, the restaurant - tavern and the firehouse museum usages appear to possess the greatest potentials. Its use for a vintage theater appears inappropriate to the nature of the structure, and its continuance as an operating fire station in a modern downtown area has little more to recommend it than a considerable measure of sentiment. A more detailed analysis of the various potential uses follows: I use as Vintage Theater The major deterrent to use of the building as a theater is Che location of columns in the present structure. The bearing condition for second floor and roof along the center N -S axis completely prohibits development Of the total width of the building for use for any type of visual presenta- tion. A center row of columns for such a use is intolerable; their elimina- tion cannot be considered without gutting the entire building, including the roof structure. This drastic measure would be prohibitive in cost and could not be justified for such limited use. This Study shows a possible way to obtain a small theater, based upon leaving the structure intact. The building can be divided along the N -S center line; as such, a theater of a maximum 180 seats can be fashioned. The opposite half of the building, approximately 1120 sq. ft., comprises a space suitable for use as a small specialty shop or a similar retail outlet. This divided (non - similar) use does not express the singleness of purpose depicted by the facade of the building - it appears that only one activity goes on behind the dual set of large double doors. The idea of a theater is actually incompatible with the preservation concept in this case: 1. A patron isn't aware of his surroundings, however well preserved, when the emphasis is totally on darkness. 2. The partitioning required to enclose the theater destroys the uniqueness of the large open space. 3. The necessity to slope the floor opposite to the present slope negates the present floor. 4. The retention of the fire poles would be more of a hazard than a feature. 21 A small theater of this type has value only on one floor, leaving the entire second floor unrequired and unnecessary. A major aspect of this feasibility study is the search for and the development of an effective use for the second floor. In pursuing the vintage theater idea, it is apparent that a dissimilar usage has to be investigated for the upper level. A suggestion is the creation of office space for Nose City Departments that can function remotely from the Municipal Center or for possible office rental space. The second floor can furnish 4700 sq. ft. of usable office space, with 1400 sq. ft. for corridors, exit stairs and toilets. In accomplishing this idea, the existing handsome open stair to the second floor may be retained, but little else relating to the original building other than windows could be preserved. The necessity for partitioning would ruin the large dormitory space and the fire poles would be far more effective by their elimination. The following summary denotes whether the significant historical features of the building could be preserved under this proposed new use. Preservation Summary (Retention of original features) First Floor Second Floor Theater Shop Offices Floors No Possible, dep. on type No Walls One side only One side only No Ceilings Possible Passible No Interior Doors No No No Hardware No No No Front Stairway -- -- Yes Fire Poles No No No Furnishings No No No Radiators Possible Possible No Lighting Fixtures No Yes No 22 I At HA 9)�1 S Tnl-K W T 5HOPAi..TY J ' Ilu SF J 1 Q .l i VEN� L E Mov �, A czp�u -iBo 1 1 — L _ =M1i iTi t��nirt ' �s ico�y 1 Q3iGE5. 5MG? — 'ti2/.`?R Gil.*iG+ T��:u =_ == =_v. 23 II Retention as Active Fire Station The Roanoke Fire Department has continuously occupied this building for 72 years, spanning from the horse -drawn era to the Ear more complex technology of today. The present occupancy is limited to one ladder company. Since the early 60's, the City Planning Department has recommended the con- s truction of a modern, centrally - located fire station in the Central Business District, combining Fire Station 91 with Fire Station U. From the Community Facilities Plan, dated August 1972 - "The 1963 Fire Stations Report proposed that Stations N1 and 03 be consolidated and a Central Eire station be built to serve the CBD. This proposal is still in the formative stages, but seems certain to be carried out. (See Plan, next sheet.) Although the recommendations of this report have not been implemented, the need is as urgent as ever. There are many reasons for abandoning the present location on Church Avenue: 1. Church Avenue has been a one -way street for many years making quick access to points east of the station very difficult. Meant studies by Moore /Grover /Harper indicate that this street is proposed to remain one way, but in reverse direction. The route would be further complicated by having to negotiate the congested City Market area to reach points in both easterly and westerly directions. 2. 30' setback is required Eor a modern facility to allow for maneuvering space. This distance is not available at the present station. 24 FIRE STATION PLAN � z Cone {ract New Staflon ,' In Noilhwest . C nsogaeta �8tet1 18 A � t Construct New Sta4lon In Soot whet - - -- THE COMMUNITY FACILITIES PLAN Roanoker Virginia August 1972 General Location of Proposed Fire Stations Prepared The Depo,t r'ment ni City Planning 25 3. There is little room for expansion within the present confines of the building and no means to add additional width to the structure because of property limitations. 4. There is insufficient room to add an engine company, for the reasons above, as required to comprise an efficient downtown facility. 5. Fire Department Administration has been moved from this facility to a more modern station in the recent past. 6. Personnel toilets and shower areas need modernization. On the positive side, the station has ample space on the second floor for housing and feeding of personnel. The kitchen is large and there is also space for recreation. Storage facilities are adequate. If the build- ing is retained as a functional fire station, all mechanical and electrical work requires complete up- grading, including air conditioning for the dormitory. Renovation of this building for reuse as a fire station presents no complication for hisotric preservation. Most equipment, fixtures, furnish- ings, doors and hardware would be retained. The major areas requiring renovation would be those toward the rear of the building which would not be critical spaces for preservation. Preservation Summary (Retention of original features) (ALL FEATURES RETAINED) 25 III Use as Firehouse Museun Of all the various uses to which the building could be put, its con- version into a museum for exhibition of equipment related to fire fighting would come nearest to maintaining the character and atmosphere of the original building. For purposes of historic preservation, very few modifi- cations, that than the provision of new exit stairs, need to be undertaken. Moreover, the static nature of this particular use is conducive to the sensitive care and maintenance for those historical aspects of the building that are of concern to preservationists. The original floors at both levels may be left as is without modifi- cation; walls and ceilings likewise would require no change, except where they intercept new exit stairways. There would be no need to remove any of the present doors or hardware; the present stairway to the second floor also can be left intact and can be utilized. New entrance doors would be required. Ideally, their position would be just inside one of the pairs of large exterior wood doors. These large doors would be left open during the hours of operation; after hours they would revert to the closed position. The main problem is again to find a logical use for the second floor. If the museum were fortunate enough to obtain two large fire trucks for display on the lower level, then there is justification for continuation of the exhibit area at the upper level due to lack of space on the first floor. Care should be exercised to carefully relate any second floor display to that below since it is difficult to attract persons to another level unless there is something that could be seen from either level to entice one to a different floor. To enhance the relationship between the two floors, it is suggested that a substantial opening be cut into the second floor to permit viewers to see conveniently from the lower level what can be expected on the second floor ( "luring "). The positioning of a fire truck directly under this opening would allow persons to acquire an unusual viewpoint by looking down at the truck mechanisms below. In addition, if a ladder truck, the ladder might he extended on an angle or vertically (if possible) through the opening, creating an excellent focal point for both levels and forming an exciting transition between the two floors. The two large front rooms on the second floor may be readily converted into use for the curator - one for an office; the other for a workshop. Toilets for the museum may be conveniently located to the rear of the building on the main floor - there is no requirement for second floor toilets. The total amount of space available for museum use is generous - 2930 sq. ft. on the second floor, 3500 sq. ft. on the first floor. If expansion is ever necessary, there is an additional 1000 sq. ft. available an the upper floor which would be currently labeled "storage ". To review: The museum would fit very gracefully into those portions of the building designated as preservation spaces, its expansion possibil- ities are good and with the possibility of visual connection between floors, its usefulness could be enhanced to an even greater degree. 28 Floors Walls Ceilings Interior Doors Hardware Front Stairway Fire Poles Furnishings Radiators Lighting Fixtures Preservation Summary -- (Retention of original features) First Floor Yes Second Floor Yes Yes (modified by opening) Yes (modified by Yes (modified by exit stair) exit stair) Yes (modified by Yes opening) Yes -- All retained -- All retained Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes P wcng5Hov T I. III °'FM '� tIR =HOUSE 1 � ,tiI JSEUM I. 11Lt00Y1 ?nyI RJ7lA f V �. A LK4EL I NtXet1M �`Lt � � --V. tau, S T =.L $ ACi. // Zm �cac Gn'�_t.erzY' r CXH I �.y 4I h_JI I 30 fa..COR =i2 Cr-iGU QUSEE� MUS7--UN IV Use as Restaurant - Tavern The use of Fire Station 41 for a restaurant appears to offer the most attractive possibilities thus far for two reasons: (1) The opportunity to create an exciting and lively atmosphere for downtown dining and (2) the probability that such an operation will result in a good source of revenue for the City. The requirements for a successful operation would combine the talents of a smart entrepreneur with a setting that has a certain "uniqueness" about it. This latter would be available in abundance. A restaurant would fit into the size and shape of the present building quite readily and with this particular usage, there is no problem created by trying to find a compatible use for the second floor. Here, the second floor quite naturally becomes part of the overflow space for dining and, indeed, it provides some unique alternatives of its own for private dining and /or club rooms. The main lobby, just behind the present large exterior doors, is designed to serve all facilities - -- by going directly ahead, one enters the ground floor restaurant by turning right, the bar is immediately accessible and in turning left, the elevator to the second floor is available. A total of 350 -360 persons can he accommodated for dining without crowding on both floors at one time. The front portion of the second floor is fortunately arranged so that private rooms at the front are of adequate size for 12 - 27 persons each without any alteration. The second floor dining areas will feature natural sunlight from the skylights in the present dormitory. M The interior width of the building (46') is of such a generous size that a number of different and interesting seating arrangements are feasible with- out crowding, including booths. The kitchen, serving and pantry areas can be logically placed at the rear of the building. An area of 1600 sq. ft. is required for a kitchen serving this number of persons. This area, when combined with servicing and storage spaces, will intrude approximately 24 feet into the main large first floor space. This leaves an area of 2400 sq. ft. on the main floor for dining purposes. New exit stairs and toilets for both floors are necessary. The present circular stair will be featured pr eminently and may be offered to patrons for direct access between the upper floor and the street as an alternate route. New entrance doors will be required. Ideally, their position would be just inside one of the pairs of large exterior doors. These large doors would be left in an open position during the hours of operation; during mornings and after closing in the evenings they would revert to the closed position. The opposite pair of large doors would remain closed at all times, giving inter- ested persons an opportunity to admire the intricate hardware and metal work on the face of the doors. A small bar would work well behind the closed pair of doors and opposite the main entrance to the restaurant, providing some degree of privacy. It may he entered from either the street by means of the small central door or from the restaurant. With the exception of the present wardrobe units, all other fire static. apparatus and equipment would stay in place. The firepoles would remain as curiosities and their openings would se eve no other function than means to see persons above and below and to serve as reminders of fire fighter's everyday 3 _` activities of decades past. The metal rolling. would be retained, as well as all existing wall finishes. Additional turn -of- the - century atmosphere may be achieved by the retention of all radiators and electric fixtures insofar as possible. New lighting would supplant these fixtures as compatibly as can he designed to carry out the Edwardian theme. The retention of the main floor slope without some alteration causes concern. The present slope of 4" in 10 feet is noticeable and unless some accommodation is made to it by adjustment in lengths of table and chair legs, the act of eating on a slanted surface may become almost as unnerving as on a pitching ship. Even with these adjustments, the encountering of every table at a different level may be psychologically undesirable to patrons. It is recommended that a new level floor be installed to prevent these complications. This would necessitate the placing of at least 4 steps at the main entry point to the dining room. There would be no revision to the grooved exterior concrete ramp in front of the two main doors. To sum up, the building is well- suited to the demands of a dining facility. Some modifications will be required, plus a complete upgrading of all mechanical and electrical work. These latter requirements would be necessary for all proposed uses, however, including the retention of the building as an active fire station. with careful design, the atmos- phere of the Edwardian period can be salvaged and even emphasized by sensitive use of fixtures, color and decorative elements. An old "Fire Station" theme would offer unique possibilities for a potential restaurant operator. Its attractiveness as a drawing card for lunch for downtown workers and as a supplement to the new proposed downtown revitalization as an evening di nine facility is undeniable. 33 34 Preservation Summary (Retention of original features) First Floor Second Floor Floors No Yes Walls Yes (modified by Yes (modified by exit stair) exit stair) Ceilings Yes Yes Interior Doors -- Yes Hardware __ Yes Front Stairway Yes Yes Fire Poles Yes Yes Furnishings Yes Yes (except ward- robe units) Radiators Possible Yes Lighting Fixtures Yes Yes 34 j STD¢NE c^zvlcE. I r � �m h'E'N 6s' :C a -E M� !N EWO- ROi M;QI. cQy1rP � k .Y1i n I I I aS-c 0 o Lti v d <> zE�Ei 1544 =Ai; L i.. r z I MAIN s��, Y M;QI. cQy1rP � k .Y1i n I I I 3J, r - CIO CT 2. c C q D DN 4c 167 Sbp T: G400Q G it T GG 0099 Dry � 12 r' SV SATT �jrN.NL j PR�hTE DININI 2 $ 2751'5 '. 35_ S= G'L*.`J t�YL1?�S.h U2ANT IV aS-c 3J, r - CIO CT 2. c C q D DN 4c 167 Sbp T: G400Q G it T GG 0099 Dry � 12 r' SV SATT �jrN.NL j PR�hTE DININI 2 $ 2751'5 '. 35_ S= G'L*.`J t�YL1?�S.h U2ANT IV v Combined Use as Firehouse Museum, Bar and Restaurant A possible combination of the uses heretofore examined offers an alterna- tive that is worthy of consideration. By limiting the firehouse museum to the main floor, the necessity for leveling the floor is alleviated and by confining the space to one floor, the exhibit material becomes more unified and easier control by the staff is possible. And why not place the restaurant on the second floor? There would be advantages over the previously considered two - floor restaurant: (1) Easier managerial control (2) Use of the existing skylights as a feature (3) An opportunity to use the front wood stair for entering and leaving (fire exit stairs for emergencies only) (4) No necessity for split kitchens (5) The unaltered use of existing facility without requirment to make extensive floor or wall alterations. This scheme provides 3,000 square feet of dining space which will seat 170 in the main room and 38 in the front dining rooms. An added feature would be the inclusion of a small sidewalk cafe, serviced from the bar area. There would be room for approximately 30 persons in the space indicated. One common entry with elevator will serve the museum, the restaurant and the bar. A waiting space for the restaurant would be created just off the entry, next to the bar. while waiting, the restaurant or bar patron is able to peer into the museum. At night, spotlights highlighting the old fire trucks would add an extra dramatic feature, providing a measure of curiosity for those who might find waiting for a table an undeniably dull and trying waste of time. During the day, the presence of the museum offers an attractive addition to what might be merely "having lunch ". Ka A service area will be required at the first floor level, primarily Eat the kitchen above. The present hose drying tower may be readily converted into an elevator for service between floors. The remaining space at the rear of the building will be used as an office for the museum curator, a workshop for the museum and toilets for the public. 3500 sq. ft. of space is available for use as a museum. There would be very little expansion space available as contrasted with the generous areas listed under III. To summarize, the combined use of the building as a museum- restaurant -bar would solve the sloping floor problem and the second floor usage drlemra at one stroke. It would also offer the public a chance to not only eat but to browse in addition; and on each floor to over the old building in con- trasting moads at its fullest. Floors Walls Ceilings Interior Doors Hardware Front Stairway Fire Poles Furnishings Radiators Lighting Fixtures Preservation Summary (Retention of original features) First Floor(museum) Second Floor(restaura t you Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Partial Yes Possible Yes Yes i 319 PERSPECTIVE SKETCH OF F'.. REHOUSE MUSEUM ��wG*LK!4oP ' II.+ T MEn rdl uv dm LU¢ATO w•NE GURJOS � y UD D 7,ot-5 E GLAS� WAIL f Y 4 I WA'TIEl 0 c- -h ,M V1 Z 2N fill_AIN TEi r.4 AY NoSL � IaEIJ�. �TOR✓,Ct< I iLITG+:l� ewv, P.QL1�' I EXIT T^ A ij�lu I� � RETAII W['M LV MEN �✓ _H' SfAIM1 C� 7770 0 O J .ice O Ali o! LE El TA.�Rrk\ T 0 ��� [ l� rah" -'✓�. W I� �T 1 r I 1 o� c� y cr MIA-! p"ING PQ ATS 12 fE,AT$ 1T i2 ?TS 39 L_ sa, NJ F --O 0. / = �rI1Jr'V.N "t COMPLIANCE WITH CODE 1 7. COMPLIANCE WITH STATEWIDE BUILDING CODE Section 316.0 - SPECIAL HISTORIC BUILDINGS AND DISTRICTS - of the Statewide Building Code (The BOCA Basic Building Code /1978) states that "The provisions of this code relating to construction, repair, alteration, enlargement, restor- ation and moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state a.d /or local government authority as historic buildings, subject to the approval of the Board of Appeals when such buildings are judged by the building official to be safe and in the public's interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, relocation and location within the fire limits . . . . . . . . . . A. Technically, since this building is now listed on the National Register of Historic Places, the provisions of the Section quoted above would apply, subject to approval of the Board of Appeals. It's our opinion and recom- mendation, supported by the City Building Inspector, that since the proposed uses would all involve public usage (with the exception of Use II), complete compliance with the Code's provisions for non - historical buildings is absolutely mandatory. For this reason, all uses indicate two sets of new fire exit stairs as remotely located as possible. These stairs provide means of exit for the second floor (and, in some cases the first floor in addition) which discharge into the alley on the east side of the building. B. Public usage also necessitates the placing of new toilets on all levels, except as noted. Employee facilities are also included. 4 C. In Use III, the recommendation for opening a space between floors requires that automatic sprinkler protection be utilized in accordance with provisions of Article 616.10 of the Code. D. For second floor restaurant usage (Uses IV and V) which has 100 pounds per square foot dead load Code requirement, additional structural support for the upper floor will be necessary. This may be accomplished without complication to the lower floor plan or severe modification to the character of the room. 41 COST ESTIMATES V B. COST ESTIMATES The following cost estimates are aporoxima to in nature, are based on 1979 costs and should he used for general guidance only, not for budgeting or construction purposes. It should be further noted that the cost of interior alterations in certain cases may be borne by a lessee rather than the build- ing owner. A. EXTERIOR RESTORATION AND STABILIZATION COSTS 1. Brickwork: Repointing 55 of gross surface ., 1,500.00 Stain removal and patching 1,000.00 Removal of abandoned non - original 11500.00 hardware, pipes, etc. 2. Cornice repairs and replacement 6,000.00 3. Cupola repairs and replacements 12,000.00 4. Repairs to frames, casings and hardware 5,500.00 5. Miscellaneous replacement and repairs 2,000.00 6. Roofing (flashing patches) 2,200.00 7. Clearing and painting presently painted work 9,000.00 e. Contingencies 4,300.00 TOTAL $ 45,000.00 B. INTERIOR RENOVATION COSTS I. Use as Vintage Theater General Construction $125,000.00 Mechanical 96,000.00 Electrical 44,000.00 TOTAL $265,000.00 II. Retention as Active Fire Station General Construction $ 30,000.00 Mechanical 43,000.00 Electrical 10,000.00 TOTAL 5 83,000.00 III. Use as Firehouse Museum General Construction $ 70,000.00 Mechanical 79,000.00 Electrical 46,000.00 TOTAL $195,000.00 N. Use as Restaurant /Tavern General Construction $130,000.00 Mechanical 110,000.00 Electrical 65,000.00 TOTAL $305,000.00 V. Combined Use as Firehouse Museum, Ear and Restaurant General Construction $100,000.00 Mechanical 104,000.00 Electrical 56,000.00 TOTAL 41 $260,000.00 RECOMMENDATIONS V C} Roanoke Fire Station 41 should be restored, preserved and put to active use. Its historic character and key location in the revitalized Downtown - Market area of the City combine to make the Station a prime focal point for citizen interest and utilization. Its active use in a constructive manner will enhance the probability of maintaining the structure in good repair for many years to come. Any of the potential uses evaluated in Section 6 are realistic possibilities that will not adversely affect the primary goal of retaining the historic character of the building. The ultimate actual use to which the building is put may depend as much on the character of the surrounding neighborhood and upon the commercial value of the building to prospective tenants as it does on the evaluated physical characteristics. Based upon present conditions and anticipated amolementatron of the Comprehensive Downtown Roanoke plan, the evaluated potential uses are ranked as follows, in descending order of preference: Rank Description Use No. 1. Combination Firehouse Museum /Restaurant V 2. Firehouse Museum, both floors III 3. Restaurant, both floors IV 4. Vintage Theater - Offices 1 5. Operating Firehouse II 4A DRAFT: June 11, 2018 EXHIBIT 3 DESCRIPTION OF COMPACTOR PARCEL Dtin 04 04 2018 32 Ex0.1AED AREA UNE TAIWf uN 6 20 TAN E1 N 665041 W 50. r 'Z E2 N 01991 E 23]3 TAh ARC EJ 2685041 E 50.00 O6,T01118 ¢ E4 5 019918 W 2J.73 SURV dal ` #51C JEFFERSON ST, SE TAY PARCEL <U 'S002 1.TH OF 6 20 .kN -RSON 9., SI. r 'Z I 013 CHURCH ST., S.E. RALPH O.CLEMENTS TAh ARC NOTES: P-III 'STY. BRICK BLDG O6,T01118 ¢ 1. TINS PLAT WAS PREPARED FOR: CITY OF ROANOKE ENGINEERING DEPARTMENT q y� O 2. CURL ENT 01 CITY OF ROANOKE SURV ARE STATION NO. I' TAX PARCEL NOR 4011706 ADDITIONAL REFERENCES, D.B. 1692 PG. 1420 M.B. I PG 234; M.B. 1 PC. I AAFA= 0.2037 PLAT FROM RECORDS a THEREFORE MAY NOT INDICATE All ENCUMBRANCES AND EASEMENTS THAT SHOWING MAY AFFECT THE SUBJECT PROPERTY. RESERVATION Of 3 THE PR�OPERTTY CONDUCTED � — TA %PARCEL 4Ot1]C6— H TRASH COMPACTOR UAP DATE O'UNSHADED .I. NO.51161OD164G, EFFECTIVE OF SEPTEMBER 28, 2007. ON A PORTION Of THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS ONLY. NO ELEVATION STUDY HAS BEN PERFORMED AS A PART OF THIS PROJECT. TAX PARCEL 4011706 EXCLUDEDAREAFOR� _ CITY OF ROANOKE, VIRGINIA t3 DURING THE COURSE OF THIS SURVEY, g I PROVE CT TEAM PM ROC . w.. ♦,..o.....w.�......, TRASH COMPACTOR 1260 Radford Street 0 ❑i CREW SAY - Christiansburg, Virginia 24073 AREA =0.027 AC. (1,186 SQ. FT.) Email. info @gay @adneel com DATE GNI N SHEET 611118 12599.0011 OF 1 aPhone. Fa +. (540) 381 -2]73 #416 (WITHIN HEAVY DASHED LINES) JEFFERSON ST, SE. 1 TAY PA4L E3 46 "764 & I WOE w 1 CONC. NET. WAIL El, P /W —N 665041 W =UU -125 TO �JCTERSCN _ SC LUCK X. AVE., S.E. SAS STORM DRAW ESMT. SHOWN ON P AT IN ( 2 5 R ) W ) C.R. 1692 PO. 1420 h OZ CHURCH AVE, SE TAX PARCEL 401500 #51C JEFFERSON ST, SE TAY PARCEL <U 'S002 1.TH OF 6 20 r 'Z a c GRAPw�?CAL RALPH O.CLEMENTS NOTES: P-III O6,T01118 ¢ 1. TINS PLAT WAS PREPARED FOR: CITY OF ROANOKE ENGINEERING DEPARTMENT q y� O 2. CURL ENT 01 CITY OF ROANOKE SURV LEGAL FEFERENa:OB. 166 PG. 244 TAX PARCEL NOR 4011706 ADDITIONAL REFERENCES, D.B. 1692 PG. 1420 M.B. I PG 234; M.B. 1 PC. 660 Y.B. 1 PG. 3297 PLAT FROM RECORDS 3 THIS PLAT WAS PREPARED MTHOUT THE BGEFN CE A TITLE REPORT AND THEREFORE MAY NOT INDICATE All ENCUMBRANCES AND EASEMENTS THAT SHOWING MAY AFFECT THE SUBJECT PROPERTY. RESERVATION Of 4 PORTION OF ON /23/15 a A THE PR�OPERTTY CONDUCTED v EXCLUDED AREA FOR 5 THE SUBJECT A 10-R FLOOD HAZARD THE SUBJECT PROPERTY LIES ES TRASH COMPACTOR UAP DATE O'UNSHADED .I. NO.51161OD164G, EFFECTIVE OF SEPTEMBER 28, 2007. ON A PORTION Of THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS ONLY. NO ELEVATION STUDY HAS BEN PERFORMED AS A PART OF THIS PROJECT. TAX PARCEL 4011706 6. NO MOWN IDENTIFICATIONS OF GRAVES, OBJECTS, OR STRUCTURES MARKING _ CITY OF ROANOKE, VIRGINIA A PLACE OF HUMAN BURIAL WERE OBSERVED ON THE SUBJECT PROPERTY DURING THE COURSE OF THIS SURVEY, GAYAND NEEL, INC. PROVE CT TEAM PM ROC . w.. ♦,..o.....w.�......, TECH MET 1260 Radford Street 0 ❑i CREW SAY - Christiansburg, Virginia 24073 (540) 381 -6011 Email. info @gay @adneel com DATE GNI N SHEET 611118 12599.0011 OF 1 aPhone. Fa +. (540) 381 -2]73 Web '. www.gayandneel com ❑ DRAFT: June 11, 2018 EXHIBIT 4 GUARANTY Di an 04 01 zO 19 33 GUARANTY AGREEMENT This Guaranty Agreement is made this day of , 20 , by David P. Hill, Dale Wilkinson, and Gregory Rhodes, jointly and severally (each, a "Guarantor" and collectively, the "Guarantors ") for the benefit of the City of Roanoke, Virginia, a municipal corporation established and existing under the laws of the Commonwealth of Virginia (the "city "). RECITALS A. The City and Old School Partners II, LLC, a limited liability company organized and existing under the laws of the Commonwealth of Virginia (the "Buyer'), have entered into a Contract for the Purchase and Sale of Real Property dated , 2018 (the "Contract ") under which Contract, the Buyer has agreed to purchase, and the City has agreed to sell, a portion of City-owned property situated at 13 Church Avenue, S.E., Roanoke, Virginia, bearing Official Tax Map No. 4011706, said portion of City-owned property is more particular described in Exhibit l -A to the Contract (the "Property "). B. Under the terms of the Contract, the Buyer has made certain promises and agreed to perform certain obligations with respect to the acquisition of the Property. A condition of the acquisition of the Property by the Buyer is that the members of the Buyer provide their unconditional guaranty of all obligations, promises, and agreements of the Buyer to the City. C. The Guarantors are all of the members of the Buyer. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, including the sale of the Property to the Buyer in accordance with the terms of the Contract, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, the Guarantors hereby agree, jointly and severally, the above recitals are hereby incorporated into this Guaranty Agreement and that they further agree as follows: L Unconditional Guaranty. Each of the Guarantors unconditionally guarantees to the City, jointly and severally, the full, prompt, and complete performance of all obligations, promises, and agreements of the Buyer owed to the City pursuant to the terms and conditions of the Contract, including, without limitation, the full and prompt payment of any amounts that may become due to the City under Sections 4 B., 7, 12, 13, 17, and 18 of the Contract (the "Obligations "). Upon the failure of the Buyer to perform any of the Buyer's Obligations under the Contract, each of the Guarantors, jointly and severally, shall, upon demand of the City, promptly and with due diligence pay and perform such Obligations. The liability of each of the Guarantors shall be unconditional. The City may release collateral securing any of the Obligations or release a Guarantor from liability hereunder and any such release shall not release any Guarantor not expressly released by the City. 2. Joint and Several Liability. The liability of each of the Guarantors shall be joint and several, with full recourse by the City to each of the Guarantors. The City shall have the right to proceed against any of the Guarantors or the Buyer without any requirement, responsibility or duty to proceed to recover the Obligations from the Buyer before proceeding with any of the Guarantors. 3. Jurisdiction and Applicable Law. Each of the Guarantors, jointly and severally, agrees and submits himself 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 Guaranty Agreement 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. The Guarantors, jointly and severally, further waive and agree not to assert in any such action, suit or proceeding, that he 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. 4. 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): David P. Hill Dale Wilkinson Gregory Rhodes 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 SIGNATURES APPEAR ON FOLLOWING PAGE IN WITNESS WHEREOF, each of the Guarantors have executed this Guaranty Agreement as of the date first above written Witness David P. Hill (Seal) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 20, by David P. Hill. My commission expires: Witness (Seal) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: Notary Public Dale Wilkinson SEAL The foregoing instrument was acknowledged before me this _day of , 20, by Dale Wilkinson. My commission expires: Notary Public SEAL 3 Witness Gregory Rhodes (Seal) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Gregory Rhodes. My commission expires: Approved and accepted: ATTEST: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit Notary SEAL CITY OF ROANOKE, VIRGINIA S. Cowell, Jr., City Manager The foregoing instrument was acknowledged before me this day of , 20 , by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL DRAFT: June 11, 2018 EXHIBIT 5 FORM OF HISTORIC PRESERVATION EASEMENT ) Wn 04.04'0 IS 34 Draft Date: .lane 11, 2018 ARCHITECTURAL EASEMENT TEMPLATE This sample deed is provided to assist landowners and their attorneys in preparing deeds of easement to be conveyed to the Virginia Board of Historic Resources (VBHR). As each property contains unique Preservation and Consenation Values, the easement language ,rill be tailored to each individual property and the resent ces to be protected. The Virginia Department of Historic Resources (VDHR) staff may recommend additional provisions appropriate to the individual property and its resources. Landowners should discuss present and future land management practices with staff before preparation of the deed of Easement. If any federal and /or state grant fiords have been at will be awarded or transferred to the Grantor for the fall at- partial purchase of the property in fee simple or of this conservation easement, additional restrictions and legal obligations may apply. Please contact the relevant federal anaUor slate agency responsible for the applicable grant fund for more information. Neither the VBHR nor the VDHR can provide legal or tax advice; grantors arc strongly advised to obtain the counsel of independent attorneys and /or tax advisors. This template is designed for nonprofit grantors and does alp( meet federal or state requirements for a federal deduction or state tax credits as a charitable contribution of an interest in real property. Regardless of the nature of transaction, this deed of casement is perpetal and runs with the land in perpeoner [July 2017] NOTE TO TITLE EXAMINERS: This perpetual conservation easement contains restrictions on permitted uses and activities on the property described below, which run with the land and are applicable to the property in perpetuity. Prepared under the supervision of The Office of the Attorney General of Virginia When recorded, please return to Virginia Department of Historic Resources 2801 Kensington Avenue Richmond, VA 23221 Title Insurance: (Name of insurer or None] Tax Map /GPIN /Parcel Number: City of Roanoke Official Tax Map No. 4011706 Exempted from recordation taxes under the Code of Virginia (1950), as amended, §§ 58.1- 811(A)(3) and 58.1- 811(D) and from Circuit Court Clerk's Fees under § 17.1 -266 Draft Date: .June 11, 2018 IIfJI CU.7 [M YI171Y;'Y YSV Y(IL`4G�1 Also referred to Fire Station No. One (hereinafter, Fire Station No. One) 13 Church Avenue, S.E. Roanoke, Virginia VDHR EASEMENT FILE NO. ep THIS DEED OF GIFT OF CONSERVATION EASEMENT made this _day of , 2019, by Old School Partners II, LLC whose address is 8166 Roanoke Road Fincastle, VA 24090 ("Grantor"), and the COMMONWEALTH OF VIRGINIA, BOARD OF HISTORIC RESOURCES ( "VBHR "),whose address is: Virginia Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA, 23221 ( "Grantee') (the designations "Grantor' and "Grantee" refer to Grantor and Grantee and their respective successors or assigns). [f applicable] [Name of Bank] ( "Grantor" for indexing purposes only) and [Names of Trustees] ( "Trustees') to be indexed as additional grantors, for the purpose of consenting to and subordinating to the Easement described herein and to effect subordination of its interests in the Property, as described below, to this Easement. R -1 Grantor is the owner in fee simple of real property (the "Property') comprising in the aggregate acres, more or less, and containing, among other improvements, an historic Fire Station No. One which collectively are commonly known as Historic Fire Station No.l_ situated in City of Roanoke, Virginia, and located at 13 Church Avenue, S.E., Roanoke, Virginia, 24011], as [more particularly described below] Official Tax Map No. 4011706, containing approximately 0.2037 acres, more or less, together with certain improvements thereon [and /or] [shown on ("name of plat, ",vurve w and date including final revision date, if applicable)] attached hereto and referenced herein as Exhibit A]. Said Property contains, as of the Effective Date of this Deed of Conservation Easement (the "Effective Date" is hereinafter defined in Section V, Paragraph 5.21 (Effective Date) below), the improvements described in Section 11, Paragraph 2.3 (Existing Buildings, Structures, Amenities and Features) below. Grantor and Grantee desire to protect in perpetuity the historic, architectural, cultural and landscape values on the Property (the "Preservation and Conservation Values') as described in Section I, Paragraph 1.2 (Purposes) below and to ensure the preservation of the historic, architectural, archaeological, cultural resources for which the Property is listed on the Virginia Landmarks Register and National Register of Historic Places. Grantor and Grantee intend to accomplish such protection and preservation by limiting changes and alterations to those resources and restricting the use of the Property and, to that end, Grantor desires to Draft Date: .lime 11, 2018 [give,] grant and convey to Grantee, and Grantee is willing to accept, a perpetual conservation easement over the Property, all as more particularly set forth herein (the "Easement "). R -2 Grantee is an agency of the Commonwealth of Virginia and a "qualified organization" under 26 U.S.C. § 170(h)(3) (2016) of the Internal Revenue Code) (references to the Internal Revenue Code in this Easement shall be to the United States Internal Revenue Code of 1986, as amended, and the applicable regulations and rulings issued thereunder, or the corresponding provisions of any subsequent Federal tax laws and regulations (hereinafter "Section 170(h) ") and Treasury Regulation Section 1.170A- 14(c)(1). R -3 Article XI of the 1971 Constitution of the Commonwealth of Virginia declares the preservation of historic property and sites to be a goal of state government, and Section I of that article provides that `9t shall be the policy of the Commonwealth to conserve, develop, and utilize its natural resources, its public lands and its historic sites and buildings. R -4 Chapter 22, Title 10.1 of the Code of Virginia, entitled "Historic Resources," was enacted to support the preservation and protection of the Commonwealth of Virginia's significant historic, architectural, archaeological, and cultural resources and charges Grantee to designate as historic landmarks to be listed in the Virginia Landmarks Register such buildings, structures, districts, and sites which it determines to have local, statewide, or national significance. R -5 Pursuant to Section 10.1- 2204(A)(4) of the Code of Virginia, Grantee is authorized to acquire casements in "battlefield properties and designated landmarks" for the purposes of the preservation and protection of historic resources in Virginia. Grantee is willing to accept this perpetual historic preservation and conservation easement over the Property as herein set forth. R -6 The Virginia Department of Historic Resources ( "VDHR "), an agency of the Commonwealth of Virginia, represents that its mission is "to foster, encourage, and support the stewardship of Virginia's significant historic, architectural, archaeological, and cultural resources." Under the leadership of its Director, the VDHR administers such easements on behalf of Grantee, and Grantee has the resources to manage and enforce the restrictions in this Easement and the commitment to do so. R -7 Description of the Property: The two - story, three -bay Fire Station No. One is rectangular in form with a Flat roof with a central cupola and bell tower, a pressed - metal Corinthian cornice with modillions and dentils accent the roof parapet. The pediment cupola features brick volutes and an arcaded belfry surmounted by a metal dome. The building sits on a solid foundation of rough -hewn, ashlar limestone and is constructed of brick laid in stretcher bond on the facade and five - course American bond on the side and rear elevations. Rusticated brick and pilasters surmounted by tetra -cotta Corinthian pilasters accent the facade. Two Draft Date:.lune 11, 2018 large, double -leaf, wood doors access the equipment bays and flank a central, single -leaf, half- light, personnel door. Arched, multi -light transoms surmount each opening. The three entrances retain their original wood doors and hardware. Set within arched openings with a stone keystone and concrete sill, double -hung, one - over -one, wood -sash windows fenestrate the building. The rear elevation, which has been painted, features a large hose tower, hoists for lifting hay, and non- historic doors. On the interior, the ground floor serves as the equipment bays with an open plan. Finishes include a sloped concrete floor with ridges (to provide footing for the horses), painted brick walls, and a decorative, pressed -metal ceiling. A "floating" wood staircase accesses the second floor at the front of the building while a metal, spiral stair provides access at the rear. Five brass fireman's poles also connect the two levels-. The second floor consists of two rooms (chiefs office and quarters) flanking the stair hall at the front with the large, open sleeping room for the crew immediately to the south. Beyond this large room are the toilet/shower room, locker room, kitchen and other support spaces. Two of these rooms at the rear originally served as hay storage for the horses. Interior finishes on the second floor include oak floors, plaster walls and a decorative metal ceiling. The officers' rooms located at the front feature a wood wainscot that has been painted with faux graining. Build -in wood lockers surround the large sleeping room for the crew. The toilets /showers, kitchen and other support spaces at the rear have been altered over the years. R -8 This Easement is granted "exclusively for conservation purposes" under 26 U.S.C. § 170(h)(1)(C) because it effects "the preservation of a certified historic structure" under 26 U.S.C. § 170(h)(4)(A)(iv).] Specifically, the Property is individually listed and also has been designated as a contributing resource to the Roanoke City Market Historic District, both of which are listed on the Virginia Landmarks Register and the National Register of Historic Places under Criterion A for its association "with events that have made a significant contribution to the broad patterns of our history" and Criterion C as it embodies "the distinctive characteristics of a type, period or method of construction" because it is "an excellent example of Edwardian em firehouse architecture, having a richly embellished fagade in the English Renaissance style of Sir Christopher Wren. Designed ea. 1906 -1908 by the Lynchburg firm of Huggins and Bates, the Georgian- Revival style fire station features handsome and well - preserved appointments on the interior as well as the exterior. The building survives almost completely unaltered and provides a rare insight into the life of an early-twentieth- century fireman." The fire station also serves as an anchor to the Roanoke City Market Historic District as "an important monument to the civic pride of early Roanoke," (NRHP nomination, 1972, 1982). The Property retains integrity ofetting location, felling and /or association as a well- preserved example of an early twentieth century brick, tare station designed in the Georgina - Revival style. Significant exterior components and materials include: limestone foundation; solid brick walls accented with rustication and Corinthian pilasters; pressed -metal cornice, pedimented cupola with arcaded belfry; and, arched windows and door openings with original wood sash and doors. Character - defining elements of the interior that remain Draft Date:.lune 11, 2018 intact include; the open plan of the first -floor equipment bays with concrete floors (sloped and ridged), painted brick walls, and decorative metal ceiling; the second - floor plan with the offices, quarters and support spaces for the chief and his crew; and, second -floor finishes of oak floors, plaster walls with painted, faux - grained wainscot in the offices, built -in lockers in the crew quarters, and decorative metal ceiling; and the floating staircase and brass fireman's poles. R -9 Fire Station No. One is significant under Criterion A as an excellent example of Edwardian- period civic architecture that represents the high standards of the period and stands as an important monument to the civic pride of early Roanoke. As a structure built to protect the buildings and citizens of Roanoke from fire, Fire Station No. One gives testimony to the growing development of the city and provides a rare insight into the life and work of an early- twentieth century fire fighter. Fire Station No. One, designed ca. 1906 -1908 by the Lynchburg fine of Huggins and Bates, is also significant under Criterion C as an excellent example of a Georgian - Revival style fire station constructed in the early twentieth century. The fire station retains a high level of integrity with character - defining elements of its original design — including its masonry construction accented with rustication and pilasters, Corinthian pressed -metal comice, central cupola with bell tower, and equipment -bay doors, as well as interior plan and finishes — remaining intact and relatively unaltered. R -10 The historic building is a rare, and exceptional example of Edwardian -era, Georgian - Revival style_ architecture consisting of solid brick construction articulated with rustication and pilasters: a central cupola with an areaded belfry capped by a metal dome; pressed -metal Corinthian cornice; double -leaf doors accessing the equipment bays; and hose tower on the rear. The interior plan including the open equipment bays on the ground level and the offices and quarters for the chief and his crew on the upper level — as well as interior finishes consisting of concrete and oak floors, painted brick walls, painted trim and doors with faux graining, built -in lockers /cabinets, fireman's poles, staircases, and decorative metal ceilings remain intact and in relatively good condition. These historic components, features and materials clearly reflect the architectural style of the Edwardian era as well as the work and life of a fire fighter in an early - twentieth century fire station. Having continuously served as the central fire station for the City of Roanoke from 1908 to 2007, Fire Station No. One retains a high level of integrity of location, setting, form, massing, plan, craftsmanship, materials feeling, and association. This high level of physical integrity enables Fire Station No. One to convey its significance as an early- twentieth century fire station. R -11 The Property, which is located within the Roanoke City Market Historic District, is visible from Church Avenue S.E., which is a public transportation corridor, and Century Plaza, a public park located directly across the street from the fire station. The Property represents publicly significant historic streetscape in this corridor, and the Draft Date: June 11, 2018 Property's historic and architectural resources contribute to the historic features that define the existing urban character along this street/roadway, R -12 The Property, as of the Effective Date, is located within the City of Roanoke H -1 Historic Overlay District, which was established in accordance with City of Roanoke Zoning Ordinance and inclusion in such district requires prior review and approval by The Architectural Review Board of all changes and alterations to the entire exterior of any building or structure located within the H -1 Historic Overlay District boundary. . R -13 This Easement constitutes a restriction granted in perpetuity on the use which may be made of the Property and is in furtherance of and pursuant to clearly delineated governmental policies and documents set forth below: Land conservation policies and documents of the United States of America as set forth in The National Historic Preservation Act of 1966 (54 U.S.C. §§ 300101 — 307108 (2015, as amended), which authorizes the Secretary of the Interior to expand and maintain the National Register of Historic Places as a national inventory of districts sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering and culture. a Federal regulations issued by the Secretary of the Interior pursuant to the National Historic Preservation Act (54 U.S.C. § 302103) establishing the criteria for eligibility for listing in the National Register of Historic Places (36 C.F.R. Part 60.4). b. Federal regulations issued by the Secretary of the Interior pursuant to the National Historic Preservation Act (54 U.S.C. § 306131) establishing standards and guidelines for the appropriate treatment of properties listed on the National Register of Historic Places (36 C.F.R. Part 68). The National Historic Preservation Act of 1966 (54 U.S.C. §§ 302104(a) and 302301, 302303) and federal regulations (36 C.F.R. Parts 61, 63 and 65) authorizing the State Historic Preservation Officer of the Commonwealth of Virginia to nominate properties to the Keeper for listing on the National Register of Historic Places. The National Historic Preservation Act of 1966 (54 U.S.C. §§ 302104(a) and 302301, 302303) and federal regulations (36 C.F.R. Parts 61, 63 and 65) authorizing the State Historic Preservation Officer of the Commonwealth of Virginia to nominate properties to the Keeper for listing on the National Register of Historic Places [or designation as a National Historic landmark]. Review and a formal recommendation by the State Review Board of the Commonwealth of Virginia, on behalf of the State Historic Preservation Officer, pursuant to the National Historic Preservation Act, of eligibility Draft Date: June 11, 2018 for listing on the [National Register of Historic Places and /or designation as a National Historic Landmark], which recommendation was made on [date]. Formal determination by the Keeper of the National Register of Historic Places that the Property meets the [Criteria for Evaluation and /or National Historic Landmark Criteria] and subsequent [listing of the Property on the National Register of Historic Places and /or designation as a National Historic Landmark] on [date of listing]. Land conservation policies and documents of the Commonwealth of Virginia as set forth in a. Section 1 of Article XI of the Constitution of Virginia. b. Chapter 22 of Title 10.1, Sections 10.1 -2200 through 10.1 -2214 of the Code of Virginia establishing the Virginia Landmarks Register and authorizing Grantee to determine eligibility for listing and to list properties on such Register. C. State regulations codified in Chapter 30, Agency 5, Title 17 of the Virginia Administrative Cade establishing the criteria and procedures for listing on the Virginia Landmarks Register. if State regulations codified in Chapter 20, Agency 10, Title 17 of the Virginia Administrative Code adopting the criteria and procedures for nomination of properties to the National Register of Historic Places [m for listing as a National Historic Landmark]. e. Grantee's formal determination at a public meeting on [date] that the Property meets the criteria for listing on the Virginia Landmarks Register and Grantee's formal approval for listing which resulted in its being so listed as of that date. L Chapter 22 of Title 10.1, Section 2204 of the Code of Virginia specifically authorizing Grantee to hold easements over "landmarked" properties. g. The Open -Space Land Act, Chapter 17 of Title 10.1, Sections 10.1 -1700 through 10.1 -1705 of the Code of Virginia. It. [if applicable] The Virginia Land Conservation Incentives Act, Chapter of Title 58. 1, Sections 58.1 -510 through 58.1 -513 of the Code of Virginia. i. The Virginia Outdoors Plan (2013), prepared by the Virginia Department of Conservation and Recreation. j. Grantee's practices in reviewing and accepting this Easement, which include review by VDHR's Easement Program staff, review by a committee comprised of VDHR staff from different divisions and review and acceptance by Grantee at a public meeting, as set forth in Grantee's written adopted policies. k. Draft Date: June 11,201% Land use policies of the City of Roanoke as delineated in Vision 2001 - 2020 adopted by the City Council [date, also reference any amendments or attachments] to which plan the restrictions set forth in this deed conform as follows: (it [Historic 2erouraer, page 45.]. 2. Downtown Plan 2017: Build on Strengths, pages 13, 14. R -14 Grantee has engaged in the review described above, considered and evaluated the benefits provided by this Easement to the general public as set forth in these recitals, and concluded that the protection afforded the historic and open -space values of the Property by this Easement will yield a significant public benefit and further the conservation objectives ofGrantee and the Commonwealth of Virginia. R -15 [if applicable] Grantor and Grantee are satisfied that the public policies described in these recitals constitute clearly delineated governmental conservation policies within the meaning of Section 170(h)(4)(A)(iii), and that review and acceptance of this Easement by Grantee demonstrates that the protection of the Preservation and Conservation Values (as set forth in Recital R -2 above) provided by this Easement is pursuant to such clearly delineated policies. R -16 Grantee has determined that the restrictions and covenants set forth in this Easement will preserve and protect in perpetuity the Preservation and Conservation Values of the Property, which values are reflected herein and in Grantee's evaluation of the Property. The documentation of the condition of the Property is contained in the Grantee's files and records as further described below in Section IV, Paragraph 4.1 (Baseline Documentation Report). In addition, Grantee has determined that the restrictions and covenants will limit the uses of the Property to those uses consistent with, and not adversely affecting, the Preservation and Conservation Values- of the Property and the other governmental conservation policies furthered by this Easement. NOW THEREFORE, in recognition of the foregoing recitals and in consideration of the mutual covenants herein and their acceptance by Grantee, Grantor does hereby GRANT, and CONVEY to Grantee a preservation and conservation easement in gross over, and the right in perpetuity to restrict the use of the Property, which is described below and which Property consists of 0.2037 acres, more or less, located at 13 Church Avenue, S.E., Roanoke, Virginia. [If no plat afsmvey, add: , to -wit:] [insert legal property description here] Draft Date June 11. 2018 The Property is shown as a portion of City of Roanoke Official Tax Map No. 4011706 among the land records of the City of Roanoke, Virginia. Even if the Property consists of more than one parcel for real estate tax or any other purpose or has been acquired previously as separate parcels, the restrictions, covenants and enforcement rights pursuant to this Easement shall apply to all parcels as if they were one and shall bind all successors in interest of such Property in perpetuity. RECITALS AND EXHIBITS: All recitals set forth above and exhibits attached hereto are hereby incorporated into and made a part of this Easement. PURPOSES: In accordance with the Open -Space Land Act and Section 10.1-2204 of the Code of Virginia, the purposes of this Easement are to preserve and protect the Preservation and Conservation Values of the Property in perpetuity by imposing restrictions on the development, alteration, and use of the Property and providing for their enforcement. The Preservation and Conservation Values of the Property are described in the above recitals and documented in the Baseline Documentation Report as further identified in Section IV, Paragraph 4.1 (Baseline Documentation Report) below. F.7 K" I(wo Ina V91YNSfYY[Q� 2.1 RESTRICTIONS: The restrictions and covenants hereby imposed on the use of the Property are in accord with the policies of the Commonwealth of Virginia, as set forth in Title 10.1, Chapter 22 of the Code of Virginia and the Open -Space land Act to preserve the Commonwealth's designated historic landmarks, and to preserve historic and open -space lands in the Commonwealth. The acts which Grantor covenants to do and not to do upon the Property, and the restrictions and covenants, which Grantee is hereby entitled to enforce, shall be as set forth in this Easement. Draft Date: June 11, 2018 22 DIVISION: (a) As of the Effective Date, the Property consists of one (1) tax parcel (Roanoke City Tax Map/Parcel No. 4011706) as depicted on Exhibit A attached hereto, and described as follows: [Add legal description here] (a) The Property may be divided/resubdivided as follows: The property may be subdivided into a maximum of six (6) properties as condominium units within the existing historic building. In such event, the condominium, each condominium unit, common element, and limited common element will be subject to all conditions, restrictions, and provisions of this Easement. (b) [if applicable] Boundary line adjustments with adjoining parcels of land not covered by this Easement shall not be permitted unless: I. The entire adjacent parcel is subject to a recorded perpetual conservation easement held by Grantee or another agency of the Commonwealth pursuant to the Open -Space Land Act and all of the Property subject to this Easement remains subject to the same restrictions contained herein after the boundary line adjustment; and 2. The proposed boundary line adjustment shall have been reviewed and approved in writing in advance by Grantee and Grantee shall be made a party to any deed creating such boundary line adjustment. Boundary line adjustments meeting the criteria above shall not be considered a division of the Property. 23 EXISTING BUILDINGS, STRUCTURES, AMENITIES AND FEATURES (a) The following historic buildings, structures, amenities and features exist on the Property as of the Effective Date: 1. Fire Station No. One. Fire Station No. One, and its amenities, features, and details are described in Recitals R-7 through R -10 and in the Baseline Documentation Report set forth in Section IV of this - Easement. 2.4 PERMITTED NEW BUILDINGS, STRUCTURES, AMENITIES AND FEATURES: Subject to the requirements imposed by Section 11, Paragraphs 2.6 (Alterations and New Construction), 2.7 (Standards for Review), 2.8 (Destructionk(Archaeology), 2.14 (Ground Disturbing Activities), 2.15 (Roads and Utilities), and 2.16 (Signs) below, and consistent with the purposes of this Easement as set forth above in Section 1, Paragraph 1.2 (Purposes), no new building, structure, amenity or feature shall be built or maintained on the Property after the Effective Date, other than the following: 10 Draft Date: June 11, 2018 (a) Intentionally deleted (b) Intentionally deleted (c) Reconstructions of historic buildings or structures which are documented through professional historical or archaeological investigation to have been located on the Property, which reconstructions shall be consistent with and evaluated according to the Secretary's Standards as set forth in Section B, Paragraph 2.7 (Standards for Review) below. (d) Amenities, such as trails, footpaths and parking facilities, pursuant to Section II, Paragraph 2.15 (Roads and Utilities) below; and signs and markers, pursuant to Paragraph 2.16 (Signs) below, appropriate for the preservation, maintenance, exhibition, and interpretation of the Property as a [historic site, house muscum, archaeological park, etc]_ (e) New outbuildings and structures such as a shed, kiosk, or other buildings or structures ancillary to the Property's use as a [historic site, house museum, archaeological park, etc.], provided that the aggregate footprint for such outbuildings and structures shall not collectively exceed one hundred (100) square feel in ground area and shall be consistent with the limitation on impervious surface coverage set forth below in Section 11, Paragraph 2.6(b) (Alterations and New Construction)_ Temporary buildings and structures not requiring trenching, Looters, a pad or other Ground Disturbing Activities (defined below) and erected for no more than sixteen (16) consecutive calendar days for use by Grantor or Grantor's designees, not to exceed a maximum of forty -eight days (48) days per calendar year. Any extension of the sixteen (16) day duration must be reviewed and approved in advance in writing by Grantee. [if applicable] Temporary agricultural buildings and structures may be constructed, erected or maintained for one hundred twenty (120) consecutive calendar days but shall not exceed one hundred eighty (180) days per calendar year with Grantee's prior written approval. Up to three minor, secondary structures, up to 8 interpretive sculptures, signs or kiosks, may be allowed, as long as they are in compliance with the remainder of the easement. Other than these, nothing permanent shall be constructed, erected, maintained or allowed to grow above four (4) feet measured from ground level that would obstruct the views of the Property, from [visual access points, e.g. public road identified in R -39] from [prior A to Point B, e.g. from corner of two public roads 1,000 linearleer nest]. [if applicable] except as exists as of the Effective Date and as documented in the BDR. [if applicable] Temporary agricultural buildings, and structures, features, fixtures or plants, including seasonal crops, that will obstruct views of the Property from [list visual access points (e.g. public road identified in R -39)] may be constructed, erected, maintained or allowed to grow above four (4) feet measured from ground level provided such duration does not exceed one hundred twenty (120) consecutive calendar days or one hundred eighty (180) days total within any calendar year Mail Dale: June 11, 2018 2.5 GRANTOR'S MAINTENANCE OBLIGATION: (a) Grantor agrees at all times to maintain the [identify historic buildings, structures, amenities and/or features] identified in Section 11, Paragraphs 2.3(a)[(X)] (Existing Buildings, Structures, Amenities and Features) above in the same or better condition and state of repair as that existing on the Effective Date and according to any changes or modifications that have been approved in writing by Grantee after the Effective Date. Grantor's obligation to maintain shall require replacement, repair, construction and/or reconstruction by Grantor whenever necessary to preserve the historic building, structures, amenities and/or features identified in Section B, Paragraphs 2.3(a)(X) (Existing Buildings, Structures, Amenities and Features) above in substantially the same condition and state of repair as that existing on the Effective Date and including any changes or modifications for which the prior written approval of Grantee is required and that have been approved in writing by Grantee after the Effective Date. (b) The repair, replacement, construction and /or reconstruction necessary to comply with this Paragraph 2.5 (Grantor's Maintenance Obligation) shall be done in a manner consistent with the Secretary's Standards as set forth in Section 11, Paragraph 2.7 (Standards for Review) below. (c) For the purposes of this Paragraph 2.5 (Grantor's Maintenance Obligation), the obligation to maintain and repair shall mean the use by Grantor of like materials applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the historic buildings, structures, amenities and /or features listed in Section 11, Paragraph 23(a)(X) (Existing Buildings, Structures, Amenities and Features) above. In fulfilling its maintenance obligation under this Paragraph 2.5 (Grantor's Maintenance Obligation), Grantor shall not make changes in appearance, materials, and workmanship from that existing on the Effective Date or as thereafter uttered or changed with the written approval of Grantee without the prior written approval of Grantee. 2.6 ALTERATIONS AND NEW CONSTRUCTION: (a) No building, structure, amenity or feature existing as of the Effective Date as identified in Section 11, Paragraphs 2.3 (Existing Buildings, Structures, Amenities and Features) or permitted pursuant to Paragraph 2.4 (Permitted New Buildings, Structures, Amenities and Features) above, including roads, trails and utilities permitted in Paragraph 2.15 (Roads and Utilities) below, shall be constructed, altered, restored, renovated, replaced, extended, increased or decreased in height, mass, or footprint, or demolished or removed, in whole or in part, except in a way that would, in the opinion of Grantee, be consistent with the historic character of the Property, the Sccretary'.c Standards as set forth in Section 11, Paragraph 2.7 (Standards 12 Draft Date: June 11, 2018 for Review) below, and the Preservation and Conservation Values identified in and protected by this Easement, and provided the prior written approval of Grantee to any and all such actions shall have been obtained. The location, size, and design, inclusive of but not limited to massing, scale, and materials, of any permitted new building, structure, amenity, feature, road, or utility specified in Section II, Paragraphs 2.4 (Permitted New Buildings, Structures, Amenities and Features) and 2.15 (Roads and Utilities) are subject to the prior written approval ofGrantee. (b) The height of any permitted new building, structure, or amenity under Section 11, Paragraph 2.4 (Permitted New Buildings, Structures, Amenities and Features) shall not exceed thirty (30) feet measured from ground level to the highest point. (e) The historic character - defining interior architectural elements of the Historic Fire Station described in Section If, Paragraph 2.3(a) (Existing Buildings, Structures, Amenities and Features) above, including significant floor plan components (open equipment bay on first floor; offices and quarters for chief and crew on second floor); floating wood staircase , fireman's poles, sloped and ridged concrete floor (1" painted brick walls H` 11") decorative metal ceilings (I" and 2 "a floors), oak floors (2ne floor), faux -grain painted trim and doors (2 "c floor), and built -in locker /cabinets (2 "d floor), which are existing on the Effective Date or as thereafter altered or changed with the written approval of Grantee, shall not be altered or removed after the Effective Date without the prior written approval of Grantee. (d) No cleaning, repointing, or painting, including the application or use of any water repellant, sealant or waterproofing treatment, of the [exterior and /or interior] [brick or stone] masonry of the historic [buildings, structures, amenities and /w- features] described in Section II, Paragraphs 23(a) (Existing Buildings, Structures, Amenities and Features) shall be undertaken without the prior written approval of Grantee. (e) Painted, stained or whitewashed [wood and /or masonry] surfaces [on the interior and /or exterior] shall not be physically or chemically stripped, scoured, sandblasted or otherwise altered and unpainted [wood and /or masonry] surfaces [on the interior and /or exterior] shall not be painted, stained, washed, or impregnated with any chemical without the prior written approval of Grantee. (� Grantor shall assume full responsibility for conformance with all applicable federal, state and local laws and regulations concerning any land or land use including those applying to any zoning, overlay, design or historic district in which the Property is located for any new construction, reconstruction, alteration, restoration or rehabilitation of any building, structure, amenity, or feature, as set forth in Section 11, Paragraphs 2.3 (Existing Buildings, Structures, Amenities and Features) and 2.4 (Permitted New Buildings, Structures, Amenities and Features) above, or utility, road, trail or parking facility as set forth in Paragraph 13 Draft Date: June IL 2018 2.15 (Roads and Utilities) below, undertaken on the Property 2.7 STANDARDS FOR REVIEW: In exercising any authority created by this Easement to inspect the Property pursuant to Section III, Paragraph 3.1 (Right of Inspection) below, to review any construction, reconstruction, alteration, repair, or maintenance activity pursuant to Section II, Paragraphs 2.4 (Permitted New Buildings, Structures, Amenities and Features), 2.5 (Grantor's Maintenance Obligation) and 2.6 (Alterations and New Construction) above, or any destruction pursuant to Section 11, Paragraph 2.8 (Destruction) below, Grantee shall apply the following documents (hereinafter collectively referred to as "the Secretary's Standards "), as appropriate in the sole determination of Grantee: (a) Secreto'v of the Interior's Standards and Guidelines for Archeology and Historic Preservation (48 F.R. 44716 (1983); National Park Service, as amended). (b) Secretary of the Interior's Porofessional Qualifications Standards (48 F.R. 44716 (Sept. 1983, as amended)). (c) Secretary of the Interior's Standards for Rehabilitation (36 C.F.R. § 67.7, as amended). (at) Secretary of the Interior's Standards for the Treatment of Historic Properties (36 C.F.R. Part 68, as amended). (e) Secretary of the hnerior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (National Park Service, as amended). (f) Secretary of the Interior's Slanalards for the Treatment of Historic Properties uith Guidelines for the Treatment of Culurral Landscapes (National Park Service, as amended). 2.8 DESTRUCTION: (a) In the event that any historic building, structure, amenity and/or feature identified in Section II, Paragraph 2.3(a) (Existing Buildings, Structures, Amenities and Features) above is destroyed or damaged by causes beyond Grantor's reasonable control, including but not limited to fire, flood, storm, earth movement, or other acts of God, to such an extent that in the reasonable opinion of Grantee, applying the National Register Criteria for Evaluation (36 C.F.R. Parts 60.3 and 60.4, as amended; see also 36 C.F.R. Part 63, as amended) and the Secretary's Standards, the historic building, structure, amenity and/or feature would no longer qualify for listing in the Virginia Landmarks Register or the National Register of Historic Places, Grantor shall have no obligation under this Easement to rehabilitate or reconstruct the historic building, structure, amenity and /or feature or return it to its condition as existed on the Effective Date or as thereafter altered or changed with the written approval of Grantee. 14 Uraft Ww:.lmne 11, 2018 (b) If any historic building, structure, amenity and/or feature identified in Section II, Paragraphs 2.3(a) or 2.3(b) (Existing Buildings, Structures, Amenities and Features) above is damaged but, in the reasonable opinion of Grantee applying the Virginia Rehabilitation Code (Part II of the Virginia Uniform Statewide Building Code (2011, as amended)), the National Register Criteria for Evaluation and the Secretary's Standards, is capable of being rehabilitated and retains sufficient integrity as to continue to qualify for listing in the Virginia Landmarks Register or the National Register of Historic Places, such building, structure, amenity and/or feature shall be rehabilitated or reconstructed to its condition as existed on the Effective Date or as thereafter altered or changed with the written approval of Grantee. Any such rehabilitation or reconstruction shall be undertaken according to the provisions of this Easement and the Secretary's Standards. (c) In the event that any non- historic building, structure, amenity and/or feature identified in Section 11, Paragraphs 2.3(b) (Existing Buildings, Structures, Amenities and Features) or 2.4 (Permitted New Buildings, Structures, Amenities and Features) of this Easement is destroyed or damaged by causes beyond Grantors' reasonable control, including fire, flood, storm, earth movement, or other acts of God, Grantor shall have no obligation under this Easement to rehabilitate or reconstruct such building, structure, amenity and/or feature to its condition as existed on the Effective Date or as thereafter altered or changed with the written approval ofGrantee. 2.9 ACTIVITIES AND USES: (a) No activities on or uses of the Property shall be commenced or undertaken after the Effective Date that are inconsistent or incompatible with the Preservation and Conservation Values protected by this Easement. (b) In determining whether such activity or use is inconsistent or incompatible with the Preservation and Conservation Values, Grantee may consider the extent to which the activity or use is incompatible or conflicts with the express terms of this Easement and the purposes of this Easement as herein stated, including, but not limited to, whether such activity or use 1. Requires alterations or changes to the interior and/or exterior of historic buildings, structures, amenities and /or features identified in Section II, Paragraph 2.3(a) (Existing Buildings, Structures, Amenities and Features) that would be inconsistent with the Secretary's Standards as set forth in Section 11, Paragraph 2.7 (Standards for Review) above; 2. Cannot be conducted from within existing buildings, structures or amenities identified in Section 1I, Paragraph 2.3 (Existing Buildings, Structures, Amenities and Features); 3. Cannot be conducted from within permitted new buildings, structures or amenities pursuant to Section II, Paragraph 2.4 (Permitted New Buildings, Structures, Amenities and Features); or 15 Draft Date:.lunc 11, 2018 4. Would utilize the entirety of the 1% limit on impervious surface coverage set forth in Section II, Paragraph 2.6(b) (Alterations and New Construction). (c) Grantor agrees to notify Grantee in writing of any significant change in use of the Property or the commencement of any new activity on the Property not being undertaken or maintained on the Property as of the Effective Date. 2.10 GRANTOR'S RESERVED RIGHTS: (a) Consistent with the Preservation and Conservation Values and the provisions comained herein, Grantor reserves the right to continue all manner of use and enjoyment of the Property, including but not limited to the right to maintain and repair existing fences; the right to maintain and repair the existing and permitted buildings, structures, amenities and features identified or pursuant to Section II, Paragraphs 2.3 (Existing Buildings, Structures, Amenities and Features) and 2.4 (Permitted New Buildings, Structures, Amenities and Features) above; to maintain existing driveways, roads, and paths with the use of same or similar surface materials; the right to use and maintain existing utilities or utility lines; the right to cut, remove, and clear grass or other vegetation; and to perform routine maintenance, landscaping, and horticultural activities, and upkeep of the Property. (b) Grantor reserves the right to continue all activities being conducted on and uses being made of the Property as of the Effective Date. (c) Grantor reserves the right to conduct activities within any existing or permitted new buildings, structures. amenities or features identified in or pursuant to Section 11, Paragraphs 2.3 (Existing Buildings, Structures, Amenities and Features) and 2.4 (Permitted New Buildings, Structures, Amenities and Features) above, respectively; 2.11 SIGNS: (a) No new signs, whether permanent or temporary, shall be erected, constructed or maintained on the Property after the Effective Date without the prior written approval of Grantee. In reviewing new signage, Grantee shall consider, but is not limited to, any or all ofthe following factors: 1. Duration, 2. Location, 3. Size, 4. Design, 5. Impact on historic fabric, 6. Historic uses of the Property, 7. Impact on the Preservation and Conservation Values protected by this Easement, 8. Total number of signs existing on the Property at the time of the 16 Draft Date: June 11. 2018 request, and 9. Total number of signs proposed or requested byGrantor. (b) Signage for businesses, activities or events that are not located on the Property or do not occur on the Property shall not be erected, constructed, located or maintained on the Property. (c) A sign to provide notice that public funds from [name of grant header] were expended for the perpetual preservation of the Property may be erected with the prior written approval of Grantee. (d) Notwithstanding the foregoing, signage existing on the Property as of the Effective Date may be operated and maintained in the same manner as prior to the Effective Date. However, no sign existing as of the Effective Date may be altered, reconstructed or replaced after the Effective Date without the prior written approval of Grantee. 2.12 EASEMENT MARKER: Grantee, in its discretion, and upon reasonable notice to Grantor, may erect at a location mutually acceptable to Grantor and Grantee, a single marker or sign, not exceeding two (2) feet by two (2) feet, which states the name of Grantee and advises that Grantee owns the Easement grantedherein. 2.13 PUBLIC ACCESS: (a) Grantor and Grantee hereby acknowledge that the Property is visible from Church Avenue, a public right- of -way, and that members of the general public may view the Property from said right -of -way. (b) At a minimum, Grantor shall make the Property accessible to the public for six (6) consecutive hours on at least two (2) days per calendar year. This requirement may be fulfilled through a tour, open house or similar event that is open to the general public. Grantor may have a representative present during such public access, and access may be subject to reasonable restrictions to ensure security of the Property and safely of the visitors. (c) At other reasonable times, upon request of Grantee made with reasonable notice to Grantor, persons whose professions are related to the Property's Preservation and Conservation Values and persons affiliated with educational organizations, professional associations, and historical societies or other organizations related to the Property's Preservation and Conservation Values, including but not limited to the fields of historic preservation, history, architecture, archaeology, and landscape architecture and shall be admitted to study the Property at a date and time convenient to Grantor. (d) Grantee may take photographs, drawings, or other representations documenting the historic, architectural, archaeological, cultural and landscape character and features of the Property and may use or publish them or authorize others to do so with the prior written consent of Grantor to fulfill its charitable or educational purposes. 17 Draft hate June 11, 2018 (e) The access granted hereunder or any permission to enter the Property by Grantor or Grantee shall not be construed as an invitation or license, and Grantor and Grantee do not assume any liability to the general public for accidents, injuries, acts, or omissions beyond that defined by the standard of care owed by landowners under Virginia Recreational Use Statutes (VA Code § 29.1 -509) and any other applicable law. (t) Nothing in this Easement shall be construed as dedicating the Property for public use. Grantor shall retain exclusive right to such access and use, subject only to the terms and conditions of this Easement. SECTION III: INSPECTION AND ENFORCEMENT 3.1 RIGHT OF INSPECTION: (a) Grantee and its representatives may enter the Property from time to time, upon reasonable notice to Grantor, to inspect the Property, to document the condition of the Property, and to enforce the terms of this Easement. (b) No notice to Grantor shall be required if, in the reasonable opinion of Grantee, emergency access is necessary to prevent irreversible damage to the Preservation and Conservation Values. In the event of such emergency access, Grantee shall provide Grantor with a written explanation of the reason for such emergency access and the actions taken by Grantee on the Property during such emergency access. Grantee shall limit its actions during such emergency access to those necessary to prevent irreversible damage to the Preservation and Conservation Values. 3.2 APPROVALS: (a) Whenever a written request for Grantee's approval is submitted pursuant to the requirements imposed by this Easement and Grantee fails to respond in writing within thirty (30) business days of receipt of such request, then Grantee shall be deemed to have denied the request, and Grantor may proceed with any appeal or request for reconsideration regarding the action for which the approval was requested pursuant to Grantee's written policies. (b) Nothing herein shall be construed, however, to require Grantee to issue a final decision on such request within such thirty (30) business day period, provided that such final decisions are issued as timely as is practicable under the circumstances. Such circumstances may include, but are not limited to, the complexity of the request or proposed project, the adequacy of the information submitted with the request, the degree to which the request or project complies with the Easement, whether the request or project is consistent with the Slandar'ds for Rewen as set forth in Section 11, Paragraph 2.7 (Standards for Review) above, the need for archaeological investigation pursuant to Section 11, Paragraph 2.11 (Archaeology) above, and the need for on -site inspections or consultations. (c) No approval required hereunder shall be unreasonably withheld or delayed by Grantee. 18 Draft Date:.lune 11.2018 (d) Grantee is not liable to Grantor or any third party for any damage, injury, liability or consequence arising out of or resulting from Grantor's failure to obtain Grantee's prior written approval as required under this Easement. 3.3 ENFORCEMENT: Grantee, in accepting this Easement, commits to protecting the Preservation and Conservation Values identified herein and has the resources necessary to enforce the restrictions and covenants set forth herein. (a) Grantee has the right to bring an action at law or in equity in any court of competent jurisdiction within the Commonwealth of Virginia to enforce the restrictions contained herein, including without limitation, the right to 1. Require restoration of the Property to a condition of compliance with the terms of this Easement as existed on the Effective Date, except to the extent such condition thereafter changed in a manner consistent with the restrictions; 2 Recover any damages arising from non - compliance, including but not limited to disgorgement of any monies received by Grantor connected with the non - compliance; and 3. Enjoin non - compliance by ex parse temporary or permanent injunction. (a) If a court determines that Grantor failed to comply with this Easement, Grantor shall reimburse to Grantee any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys' fees, in addition to any other payments ordered by such court. (b) Grantee does not waive or forfeit the right to take action as may be necessary to ensure compliance with this Easement by any delay or prior failure to act and Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any delay or failure to act by Grantee. (c) Any challenge to the validity or enforceability of this Easement must be brought in a court of competent jurisdiction within the Commonwealth of Virginia. No such challenge or action may originate in, be transferred or removed to any court outside of the Commonwealth of Virginia except for federal courts of appeal. (d) Nothing in this Easement shall create any right in the public or any third party to maintain any judicial proceeding against Grantor or Grantee or to enforce this Easement through any means including, but not limited to, judicialaction. R&WRIJawoulau"a \ 4.1 BASELINE DOCUMENTATION REPORT: (a) Grantor and Grantee agree that the Baseline Documentation Report (the °BDR" ), which contains among other items a written report describing the Property, aerial, topographic, and photopoint maps, a site plan, and 19 Di aft Date: Jun, 11, 2018 photographs of the Property taken by the Easement Program—of the VDHR on [date] accurately documents the appearance and condition of the Property as of the Effective Date. The BDR shall be stored permanently in the archives of the VDHR, which is located at 2801 Kensington Avenue, Richmond, Virginia, or such other location as Grantee may determine. (b) Hereafter, the Property shall be maintained, preserved, and protected in its - condition as of the Effective Date as nearly as practicable, except for changes that are expressly permitted hereunder. The BDR may be used to determine compliance with and enforcement of the terms of this Easement; however, the parties are not precluded from using other relevant evidence or information to assist in that determination. (c) Grantor and Grantee hereby acknowledge receipt and acceptance of the BDR prior to the Effective Date. (d) The BDR is hereby incorporated by reference into this Easement. 51 GRANTEE'S PROPERTY INTEREST: Grantor agrees that the conveyance of this Easement gives rise to a property interest, immediately vested in Grantee, with a fair market value that is equal to the proportionate value that the perpetual conservation restriction at the time of the conveyance bears to the fair market value of the Property as a whole at thattime. 52 INSURANCE: (a) Grantor shall keep the Properly insured by an insurance company licensed to issue policies in the Commonwealth of Virginia and rated "Secure" by A.M. Best Company or other qualified insurance rating company for comprehensive general liability insurance against claims for personal injury, death, and property damage. The Commonwealth, Grantee, and VDHR shall be named as additional insured parties in such policy. Grantor acknowledges that Grantee has not agreed to provide any indemnification or save harmless agreements to Grantor. No provision of this Easement shall be deemed, in any manner, to be a waiver of the sovereign immunity of the Commonwealth, Grantee, or VDHR from tort or other liability. (b) Grantor shall keep the historic buildings, structures, amenities and /or features identified in Section 11, Paragraph 2.3(a) (Existing Buildings, Structures, Amenities and Features) above insured by an insurance company licensed to issue policies in the Commonwealth of Virginia and rated "Secure" by A.M. Best Company or other qualified insurance rating company for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies. (c) In the event of damage to a historic building, structure, amenity and/or feature identified in Section II, Paragraph 2.3(a) (Existing Buildings, 20 Draft Date: .tune I L 2018 Structures, Amenities and Features) above, which building, structure, amenity or feature Grantee determines, pursuant to Section II, Paragraph 2.8(c) (Destruction) above, cannot be rehabilitated or reconstructed, Grantee shall be entitled to a share of any resulting payment from such insurance, equal to the value of Grantee's property right as determined in Section V, Paragraph 5.1 (Grantee's Property Interest) below. (d) If Grantee determines, pursuant to Section II, Paragraph 2.8(a) (Destruction) above, that the damaged historic building, structure, amenity or feature identified in Section II, Paragraph 2.3(a) (Existing Buildings, Structures, Amenities and Features) can be rehabilitated or reconstructed, all insurance proceeds shall be used exclusively for the rehabilitation or reconstruction of such damaged building or structure, and related expenses (including the cost of temporary housing for occupants of a damaged building or structure if provided for in the policy of insurance). (e) In the event of damage to or destruction of a non - historic building, structure, amenity or feature identified in Section 11, Paragraph 23(b) (Existing Buildings, Structures, Amenities and Features) or Paragraph 2.4 (Permitted New Buildings, Structures, Amenities and Features), Grantor shall not be obligated to rehabilitate or reconstruct the building, structure, amenity or feature as set forth in Section II, Paragraph 2.8(c) (Destruction) and Grantor shall be entitled to all of the insurance proceeds for that building, structure amenity or feature. 53 EXTINGUISHMENT: (a) Should an attempt be made to extinguish this Easement, such extinguishment can be tamed out only by judicial proceedings and only if in compliance with Section 10.1 -1704 of the Open -Space Land Act, [if ntoulicahlc] Section 170(h) and applicable Treasury Regulations. (b) In any sale, exchange or involuntary conversion of the Property or portion of the Property subsequent to such extinguishment, Grantee shall be entitled to a potion of the proceeds at least equal to the proportionate value of the perpetual conservation restriction computed as set forth in Section V, Paragraph 5.1 (Grantee's Property Interest) above, but not to be less than the proportionate value that the perpetual conservation restriction at the time of the extinguishment bears to the then value of the Property as a whole. Grantee shall use all its share of the proceeds from the sale of the Propery in a manner consistent with the conservation purposes of this Easement, Sections 10.1 -2200 through 10.1 -2214 of the Code of Virginia and the Open -Space Land Act. (c) No part of the Property may be converted or diverted from preservation or open space uses as herein defined except in accordance with Section 10.1- 1704 of the Open -Space Land Act. 54 SEVERABILITY: The invalidity or unenforceability of any provision of this Easement shall not affect the validity or enforceability of any other provision of this 21 Draft Date .ln o, 11.2018 Easement. 5.5 AMENDMENT: Grantee and Grantor may amend this Easement to enhance the Property's Preservation and Conservation Values or add to the restricted property, provided that no amendment shall: (a) Affect this Easement's perpetual duration; (b) Conflict with or be contrary to or inconsistent with the purposes of this Easement as set forth in Section I, Paragraph 1.2 (Purposes); (c) Reduce the protection of the Preservation and Conservation Values identified in Paragraph 1.2 (Purposes); (d) Affect the status of Grantee as a [if applicable] "qualified organization" or "public body." No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, Sfi DURATION; SUCCESSORS IN INTEREST: This Easement is perpetual. It is an easement in gross that rns with the land as an incorporeal interest in the Property. The covenants, terms, conditions, and restrictions contained in the Easement are binding upon, and inure to the benefit of, the parties hereto and their successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor's rights and affirmative obligations under this Easement terminate upon proper transfer of Grantor's entire interest in the Property, except that liability for acts or omissions occurring prior to transfer shall survivetransfer. S7 GRANTOR'S REPRESENTATIONS AND WARRANTIES: Grantor hereby represents, covenants and warrants that (a) Grantor has good, fee simple title to the Property; (b) The Property is free and clear of all encumbrances, other than restrictions, covenants, conditions, and utility and access easements recorded in the land records of the City of Roanoke, Virginia, prior to the Effective Date including, but not limited to, any mortgages, liens, leases or option contracts not subordinated to this Easement; (c) Grantor has all requisite power and authority to enter into this Easement and to grant and convey this Easement; (d) No consents of any lender or any third party are required for Grantor to enter into this Easement that have not already been obtained and made known to Grantee; (e) Grantor is and shall be duly organized and legally existing under the laws of the Commonwealth of Virginia; and (f) Each person and /or entity signing on behalf of Grantor is authorized to do so. 22 Draft Date: June IL 2018 M TRANSFER OF TITLE: Whenever feasible, within at least thirty (30) calendar days prior to any inter vivos transfer of title to the Property, excluding deeds of trust given for the purpose of securing loans, Grantor shall notify Grantee in writing. After the Effective Date, this Easement shall be referenced by deed book and page number, instrument number, or other appropriate reference in any deed conveying an interest in the Property. I,Y [X91"eld I BielA (a) This Easement may be assigned, transferred or conveyed to another public body at the discretion of Grantee and in consultation with Grantor only if: L The assignment, transfer or conveyance is consistent with the Open - Space Land Act and 2. All restrictions and covenants and preservation and conservation purposes set forth in this Easement are to be continued in perpetuity; and (b) [if applicable] The transferee then qualifies as a "qualified organization" under Section 170(h)(3) and the applicable Treasury Regulations. Such assignment, transfer, or conveyance shall be in writing with all signatures notarized and shall be recorded in the Clerk's Office of the Circuit City of Roanoke, Virginia. 510 NO MERGER: Grantor and Grantee agree that in the event that Grantee, or any agency or entity of the Commonwealth of Virginia, acquires a fee interest in the Property, this Easement shall not merge into the fee interest, but shall survive the deed and continue to encumber the Property. 511 JOINT OWNERSHIP: If Grantor at any time owns the Property, any portion of the Property or any interest therein in joint tenancy, tenancy by the entireties, or tenancy in common, all such tenants shall be jointly and severally liable for all obligations of Grantor set forth herein. 512 CONTROLLINGLAW: (a) This Easement shall be construed according to the laws of the Commonwealth of Virginia, and any legal action with respect to this Easement shall be instituted and maintained only in state courts of the Commonwealth of Virginia sitting in the City of Richmond. Nevertheless, any general rule of construction notwithstanding, Grantor and Grantee agree that this Easement shall be liberally construed in favor of the conveyance to Grantee to protect the Preservation and Conservation Values of the Property and to effect the purposes of this Easement, Chapter 22 of Title 10.1 of the Code of Virginia and the Open -Space Land Act. (b) If any provision of this Easement is found to be ambiguous, the parties hereto expressly agree that such provision shall be given an interpretation 23 Draft Date June I I, 201M consistent with advancing this Easement's purpose of protecting the Preservation and Conservation Values of the Property, pursuant to this Easement, Chapter 22 of Title 10.1 of the Code of Virginia, and the Open -Space Land Act. 513 INTERACTION WITH OTHER LAWS: (a) This Easement does not permit any use of the Property that is otherwise prohibited by federal, state, or local law or regulation. (b) Compliance with this Easement in no way obviates, negates, supersedes, waives or satisfies applicable federal, state or local laws or regulations. In the event of any conflict between applicable federal, state or local laws or regulations and the provisions of this Easement, that standard which more effectively protects and promotes the Preservation and Conservation Values shall prevail. 514 EXTINGUISHMENT OF DEVELOPMENT RIGHTS: (a) Grantor warrants and covenants that neither the Property, nor any portion of it, has been or shall be dedicated as open space within, or as part of, a residential subdivision or any other type of real estate development plan or dedicated for the purpose of fulfilling density requirements to obtain approvals for zoning, subdivision, site plan, or building permits. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other real property pursuant to a transfer of development rights or purchase of development rights program, cluster development plan, planned unit development or other type of land use program or regulation intended to restrict the future development of the Property. (b) Any and all development rights, subdivision rights and other rights affecting the future development (generally referred to as "development rights ") of the Property, [if applicahle] except for those rights expressly reserved in Section 11, Paragraph(s) 2.2 (Division) and 2.4 (Permitted New Buildings, Structures, Amenities and Features) herein, are hereby extinguished and terminated in perpetuity. Grantor unconditionally and irrevocably relinquishes the right to transfer such development rights to any other property or to use them for purposes of calculating lot yield, density allowances, increases or decreases, and /or development potential of the Property or any other property. 515 ENVIRONMENTAL LIABILITY: Grantee is in no way liable for any condition existing on or in the Property, whether known or unknown, as of the Effective Date under the Clean Water Act (33 U.S.C. §§ 1251 -1387 (2016, as amended)), the Clean Air Act (42 U.S.C. §§ 7401 -7671q (2016, as amended)), the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 -6922k (2016, as amended)), the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601 -9675 (2016, as amended)), or any comparable state or local law concerning the storage, disposal, remediation or release of any toxic or hazardous waste, material or substance. 24 Draft Date:.lune I L 2018 516 [if applicable — fProperty suhiect to mortgage or lien] (a) (°Lender') is the noteholder under a certain Deed of Trust dated and recorded in the Clerk's Office of the Circuit Court of County, Virginia, as [Book , Page or Instrument ], which subjects the Property to the Lender's lien. As evidenced by the signature hereto of its duly authorized representative, the Lender consents to the terms, conditions, and restrictions of the Easement as set forth herein, and agrees that the lien represented by the Lender's Decd of Trust shall be held subject to this Easement and joins in this Deed of Easement to reflects its direction to the Trustee(s) to execute this Decd Easement to give effect to the subordination of such Deed of Trust to this Easement. Note: 4 the Deed of Trust lists one or more trustees, the trustees and the appropriate bank/mortgage company official must sign. [if applicable - if Property subject to lease or license] (b) [Name(s) of Lessee(s)] are lessees (hereinafter "Lessees ") under a written residential lease agreement dated , 201 for the full use and occupancy of the [Property or portion of the Property] including the [name of building] identified in Section II, Paragraph 2,3(a)(x) (Existing Buildings, Structures, Features, and Amenities) above and further described in the BDR for a tern of (X) months /year(s) [if applicable] [with a right to renew or extend such lease for a period of (xx) months /years]. As us idenced by the signature(s) of [Name(s) at Lessee(a)] hereto, Lessees consent to the terms, conditions and restrictions of the Easement, as set forth herein, and agree that any rights created by the written lease agreement [if applicable] [or any extension or renewal thereof or any new lease agreement] affecting or concerning the Property and any and all rights granted to the Lessees as [residential] tenants by state law pertaining to the Property shall be subject to this Easement and join in this Deed of Easement to give effect to the subordination of such lease agreement to this Easement. [if applicable] [Furthermore, Lessees acknowledge that, pursuant to [cite to relevant section of lease] of the [Residential /Agriculmrall Lease, the [Residential /Agricultural] Lease is subordinate to this Easement] [if applicable] [Grantor shall provide Grantee with written notice and a copy of any written extension, renewal or new tease pertaining to the Property, including any building, structure or improvement thereon and permitted hereunder to Grantee within thirty (30) calendar days of execution of such written extension, renewal or new lease.] 517 TAX MATTERS: (a) By its execution hereof, Grantee acknowledges and confirms receipt of the Easement and further acknowledges that Grantee has not provided any goods or services to Grantor in consideration of the grant of the Easement. 518 RECORDING: This Easement shall be recorded in the land records in the 25 Draft Date: .tune 11, 2018 Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and Grantee may re- record it at any time to preserve its rights under this Easement. 519 COUNTERPARTS: This Easement may be executed in one or more counterpart copies, each of which, when executed and delivered shall be an original, but all of which shall constitute one and the same Easement. Execution of this Easement at different times and in different places by the parties hereto shall not affect the validity of the Easement. 591 EFFECTIVE DATE: The date upon which this Easement is recorded in the land records of the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, shall be the effective date ( "Effective Date ") hereof. 521 DEFINITIONS: In this Easement " Grantee' shall include Grantor and its successors and assigns; and "Grantee" shall include Grantee and its successors and assigns and ("Lessees ") shall include Lessees and their successors and assigns. 522 NOTICE: All notices and communications under this Easement shall be directed as follows: Grantor: Old School Partners 11, LLC c/o David Spigle, Registered Agent 8166 Roanoke Road Fineastle, VA 24090 Grantee: Easement Program Virginia Department of Historic Resources 2801 Kensington Avenue Richmond, VA 23221 [if applicable] Subordinated Parties: [mailing address] 5.23 ENTIRE AGREEMENT: This instrument sets forth the entire agreement of the parties hereto with respect to this Easement and supersedes all prior discussions, negotiations, understandings, documents, drafts or agreements relating to the conveyance of this Deed of Conservation Easement. 574 ACCEPTANCE AUTHORITY: Acceptance by the Commonwealth of Virginia, Board of Historic Resources of this conveyance is authorized by Sections 10.1- 2204 and 10.1 -1701 of the Code of Virginia. 525 PRESUMPTIONS: No presumption shall be created in favor of or against any of 26 Matt Date June 11. 2018 the parties to this Easement with respect to the interpretation of any term or provision of this Easement due to the fact that this Easement, or any part hereof, was prepared by or on behalf of one of the parties hereto; and, no provision in this Easement, including any attachments or amendments hereto, shall be construed against the Grantee because this Easement, or any part hereof, was prepared directly by Grantee or by the Office of the Attorney General of the Commonwealth on behalf of Grantee, as may be evidenced by the disclosure on the face of this Easement made pursuant to Va. Code §17.1-223. Witness the following signatures and seal: [COUNTERPART SIGNATURE PAGES TO FOLLOW] {Remainder of page intentionally left blank} 27 Draft Date. June 11, 2018 {Counterpart Signature Page I of 31 Gramm: OLD SCHOOL PARTNERS II, LLC Name: COMMONWEALTH OF VIRGMA ), to -wit: CITY /COUNTY OF The foregoing Deed of Gift of Conservation Easement was acknowledged before me this day of , 2019, by , the duly authorized of Old School Partners II, LLC, a Virginia limited liability company, for and on behalf of Old School Partners 11, LLC the Grantor therein. My Commission expires: Notary Public 4alI 28 Draft Date: Junc 11, 2018 {Counterpart Signature Page 2 of 31 Accepted: Grantee: COMMONWEALTH OF VIRGINIA, BOARD of HISTORIC RESOURCES Julie V. Langan, Director Commonwealth of Virginia, Department of Historic Resources COMMONWEALTH of VIRGINIA ) CITY of RICHMOND ), to -wit: The foregoing Deed of Gift of Conservation Easement was acknowledged before me this day of , 2019, by Julie V. Langan, acting in her capacity as Director, Commonwealth of Virginia, Department of Historic Resources, on behalf of the Commonwealth of Virginia, Board of Historic Resources, Granteetherein. My Commission expires: Notary SEAL 29 Draft Date .lane 11, 2018 {Counterpart Signature Page 3 of 31 [L/ applicable Lender and /m Lessee], and Grantor for indexing purposes [SUBORDINATED PARTY'S NAME] Title: STATE /DISTRICT OF CITY /COUNTY OF The foregoing Deed of Gift of Conservation Easement was acknowledged before me this day of , 2019, by [signatory's name], acting in his/her capacity as [Lttle] on behalf of the [Grantor /Lender /Lessee's name], Grantor therein. My Commission expires: Notary Public SEAL 30 Draft Date: Anne 11, 2018 Exhibit A [Recorded Plat] DRAFT: June 11. 2018 EXHIBIT 6 FORM OF IRREVOCABLE LETTER OF CREDIT [Bank Letterhead] , 2018 Irrevocable Standby Letter of Credit Letter of Credit No. Issue Date: , 2018 Expiry Date, Amount: $250,000 (USD Two Hundred Fifty Thousand and 00 /100) CITY OF ROANOKE, VIRGINIA ROBERT S. COWELL, JR., CITY MANAGER MUNICIPAL BUILDING ROOM 364 215 CHURCH AVENUE, S.W. ROANOKE, VIRGINIA 24011 Dear Mr. Cowell: We hereby issue this irrevocable standby letter of credit for the above amount in the favor of the City of Roanoke, Virginia, beneficiary, which is available for payment of the beneficiary's sight drafts drawn on Bank bearing the clause, "Drawn under Bank Letter of Credit Number 11, accompanied by the following documents This Letter of Credit and a certified statement signed by the City Manager or other designated City Official of the City of Roanoke, Virginia, stating that Old School Partners, LLC, has not complied with the terms and conditions of a Contract for Purchase and Sale of Real Property, by and between as "Payor ", and the City as "City" or "Holder', in the original principal amount of 5250,000 and dated , 2018, ( "Contract "), and that the amount of funds requested are due to the City of Roanoke, Virginia, for 's failure to comply with the terms of the Contract. This irrevocable letter of credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein. This irrevocable letter of credit shall remain in full force until and including 5 years after the date of execution of the Contract, and shall automatically renew itself from year to year thereafter unless and until Bank shall give ninety (90) days prior notice to the City of Roanoke, Virginia, by certified mail, return receipt requested, of its Drop 04 .0120 18 35 DRAFT: June 11. 2018 intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the letter of credit is in full force and effect, the City may draw up to the full amount available under the letter of credit with a draft accompanied by a document stating , or its agent has not compiled with the Contract or _ has not provided an acceptable substitute irrevocable letter of credit. We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of this letter of credit shall be duly honored if presented together with document(s) as specified and the original of this credit, at our office located at Roanoke, Virginia on or before 12:00 noon on the above stated expiry date or any renewal thereof. Except as otherwise expressly stated herein, this letter of credit is subject to the Uniform Customs and Practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on the date of issuance of this credit. Sincerely, Bank Signed Droll 04 0J.'_018 36 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR CIO. R. Brian Townsentl, Assistant City Manager for Community Development 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE. VA 24011 Account Number 601]304 Dale June 11, 2018 Date Category Description A6 Size Total Cosl 0611712018 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 74 L 407.44 Pr „ue �'°vtln it 81, iS he nr000 :r i .... ..`a` L, na ora °„« w me ca oaf- FAIA,�4456.'filer CT.yio'. aiming. III Cbumn Arenue . mor—A onmo.1 innn",-, ia:i. T3isia)`a11114,_ At ml ree A- r m _A v it-, to be heaN o I the abovc matter_ A rllmb11in, h-r-”" a with tine city c hi, iini a z oa If 1.— IldC.... my ham this Iltb A,,, rlt, nie M. Mnnn Feynolb,.MMc mtr IerM (7Gna3) 06/11/2018 The First insertion being given ... 0611112018 Newspaper reference: D000767193 y Billing ftepresentative Sworn to and subscribed before me this Monday, June 11, 2018 lz�• IS-4 --Y74Z�Z.14 / Nary Publi P' F� v � P'r1OT.RV "•. State of Virginia /��� PU6L'C:C-�3 City/County of Roanoke I / j * REG. X3.320,,64 '. . My Commission expires - : kly COMM;SSION �' ,,,w - n-, ^ rICMJC ,, rrtvm I. v UgU,C. I nNnn T Vu Publisher of the NOTICE OF PUBLIC HEARING Roanoke Times co`nteIf V l (1950), sues. : he eny 9 that i men `e Aty I, (the undersigned) an authorized representative of the If n1 a01114e win IS after at„eom AS Roanoke Times, a daily newspaper published in Roanoke, in the . r tA, o uooil S. State of Virginia, do certify that the annexed notice NOTICE OF III chu,O,A viola A`�A PUBLIC HEARING was published in said newspapers on the o ua(�Cmlraa ealr' Pita o9 following dales: Iofd (City) anJ arA.., PaMCrs IL uC, A Pr „ue �'°vtln it 81, iS he nr000 :r i .... ..`a` L, na ora °„« w me ca oaf- FAIA,�4456.'filer CT.yio'. aiming. III Cbumn Arenue . mor—A onmo.1 innn",-, ia:i. T3isia)`a11114,_ At ml ree A- r m _A v it-, to be heaN o I the abovc matter_ A rllmb11in, h-r-”" a with tine city c hi, iini a z oa If 1.— IldC.... my ham this Iltb A,,, rlt, nie M. Mnnn Feynolb,.MMc mtr IerM (7Gna3) 06/11/2018 The First insertion being given ... 0611112018 Newspaper reference: D000767193 y Billing ftepresentative Sworn to and subscribed before me this Monday, June 11, 2018 lz�• IS-4 --Y74Z�Z.14 / Nary Publi P' F� v � P'r1OT.RV "•. State of Virginia /��� PU6L'C:C-�3 City/County of Roanoke I / j * REG. X3.320,,64 '. . My Commission expires - : kly COMM;SSION �' ,,,w - n-, ^ rICMJC ,, rrtvm I. v UgU,C. I nNnn T Vu l NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.13 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on June 18, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4ti Floor, Room 450, Noel C. 'Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke, Virginia (City) and Old School Partners 11, LLC, a Virginia limited liability company, (Buyer) wherein the City proposes to sell to Buyer a portion of certain real property known as Historic Fire Station One, located at 13 Church Avenue, S.E., Roanoke, Virginia, consisting of approximately 0.2307 acres of City -owned property, together with the Fire Station One building situated thereon (Premises), the Premises being designated as Official 'I ax Map No. 4011706, but excluding from the Premises approximately 0.027 acres, more or less on which the City's trash compactor is presently situated, and the trash compactor situated thereon, for the sum of $100.00, together with other consideration and performance of other obligations by Buyer. The portion of the Premises, including the Fire Station One building, proposed to be sold to Buyer is referred to the Property in the proposed Contract. A copy of the proposed Contract and Ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, June I L 2018. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Cterk's Office at (540) 853 -2541, before 12:00 noon on Thursday, June 14, 2018. Given under my hand this I I" day of June, 2018. Stephanie M. Moon Reynolds, MMC. City Clerk Note to Publisher: Please publish once in The Roanoke Times, legal notices, on Monday, June 11, 2018 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC City Clerk 4 "' Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853-2541 Send Invoice to: R. Brian Townsend, Assistant City Manager 3d Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853-2333 e IN THE COUNCIL OF THE CITY OI' ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41177- 061818. A RESOLUTION approving, solely for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), and as required by Section 66.0304(1 I)(a) of the Wisconsin Statutes and Section 4 of the Amended and Restated Joint Exercise Power Agreement Relating to the Public Finance Authority ( "Authority") dated as of September 28, 2010 (collectively, "Authority Requirements "), the issuance by the Public Finance Authority of its Multifamily Housing Revenue Bonds in one or more series (the "Bonds"). a portion of which Bonds in a principal amount not to exceed $1,346.000 shall be issued for the purpose of financing the costs of the acquisition by AHF -Afton Gardens, LLC of a multi - family affordable housing development located in the City of Roanoke (the "City") known as Afton Gardens Apartments; and repealing Resolution No. 41109- 050718. WHERF.A.S, the Authority is a State of Wisconsin bond issuing commission, authorized and empowered under and pursuant to the provisions of Sections 66.0301, 66.0302 and 66.0304 of the Wisconsin Statutes, as amended ( "Act"). to issue bonds and enter into agreements with public or private entities for the purpose of financing capital improvements located within or without the Slate of Wisconsin and owned, sponsored or controlled by a participant, as defined in the Act; WHEREAS, AIIF -Afton Gardens, LLC a Delaware limited liability company, of which Atlantic Housing Foundation, Inc., a South Carolina nonprofit corporation and organization described in Section 501(e)(3) of the Code (collectively, `Borrower ") has applied to the Authority to issue the Bonds in one or more series in an aggregate principal amount of $124,000,000, of which not more than $1,346,000 of the proceeds of the Bonds will be loaned to the Borrower to (i) finance the acquisition an 108 -unit, multi- family affordable housing development, known as Afton Gardens Apartments, located at 701, 703, 705, 707, 709, 711 and 713 Hunt Avenue N.W., Roanoke, Virginia 24012 ( "Project'), and (ii) pay certain fees and costs associated with the issuance of the Bonds: WHEREAS, the Project will be initially owned and operated by the Borrower, WHEREAS, City Council of the City ( "Council ") has heretofore approved, by adoption of Resolution No. 4 1109-050718 ( "Resolution 41 109'0, the issuance of bonds by the Authority in a principal amount not to exceed $22,000,000 and application of a portion of the bonds in an amount not to exceed $340,000 for use by the Borrower in financing the acquisition of the Project and paying certain fees and costs associated with the issuance of such bonds; WHEREAS, subsequent to the Council's adoption of Resolution 41109, the principal amount of Bonds to be issued by the Authority and to be loaned to the Borrower for the aforesaid purposes have increased, WHEREAS, pursuant to the Authority Requirements and Section 1470 of the Code and the Treasury Regulations promulgated thereunder (the "Federal Tax Requirements "), prior to the issuance of the Bonds by the Authority, and after a public hearing held following reasonable public notice, the Borrower has requested Council, as the highest elected representatives of the City, the governmental unit having jurisdiction over the area in which the Project is located, to approve the issuance of the Bonds to be applied to finance the costs of the Project; WHEREAS, on this date, prior to any deliberations regarding this Resolution, at the request of the Borrower, the Council held a public hearing at which all interested persons have been given a reasonable opportunitV to express their views on the location of the Project, the issuance of the Bonds to finance the ITAR 4272933,1 Project and other related matters. The public hearing was duly noticed by publication in The Roanoke Times, a newspaper having general circulation in the City, on June 4, 2018, a date that is not less than 14 days prior to the date hereof, and WHEREAS, the Borrower has requested that Council approve the issuance of the Bonds as described above by the Authority for the purpose of financing the Project in order to satisfy the Authority Requirements and the Federal Tax Requirements. NOW, TIIEREFORB, BE 11 RESOLVED by the Council of the City of Roanoke as follows: Section 1. As required by, and solely for the purposes of compliance with, the Authority Requirements and the Federal Tax Requirements, Council, as the applicable elected representatives of the governmental unit having j urisdiction over the area in which the Project is located, approves the Authority's issuance of the Bonds in an amount notto exceed $124,000,000 and application of a portion of the proceeds of the Bonds in an amount not to exceed $1,346,000 to finance the costs of the Project. The approval by the Council of the issuance of the Bonds does not constitute an endorsement of the Bonds, the Borrower, the creditworthiness of the Borrower or anv other matter relating to the Bonds. Section 2. The Bonds shall not constitute a debt, liability or obligation whatsoever ofthe City and are special limited obligations of the Authority payable solely from the loan repayment to be made by the Borrower to the Authority and certain funds and accounts established by the Trust Indenture for the Bonds. Section 3. This resolution supersedes and replaces in its entirety Resolution 41109-050718, which is and shall be, from and after the time at which this resolution becomes effective, repealed, revoked and rescinded. Section 4. This resolution shall take effect and be in full force and effect from and after its adoption. ATTEST:- - W ,k. City Clerk. PPAt3 4272933, 1 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Public hearing and consideration of a resolution approving, solely for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), and as required by Section 66.0304(11)(a) of the Wisconsin Statutes and Section 4 of the Amended and Restated joint Exercise Power Agreement Relating to the Public Finance Authority ( "Authority "), the issuance by the Authority of its Multifamily Housing Revenue Bonds in one or more series (the "Bonds "), a portion of which Bonds in a principal amount not to exceed $1,346,000 shall be issued for the purpose of financing the costs of the acquisition by AHF -Afton Gardens, LLC of a multi - family affordable housing development located in the City known as Afton Gardens Apartments. Background: The Authority is a State of Wisconsin bond issuing commission, authorized and empowered under and pursuant to the provisions of Sections 66.0301, 66.0302 and 66.0304 of the Wisconsin Statutes, as amended ( "Act "), to issue bonds and enter into agreements with public or private entities for the purpose of financing capital improvements located within or without the State of Wisconsin and owned, sponsored or controlled by a participant, as defined in the Act. AHF -Afton Gardens, LLC, a Delaware limited liability company, of which Atlantic Housing Foundation, Inc., a South Carolina nonprofit corporation and organization described in Section 501(c)(3) of the Code is the sole member (collectively, "Borrower") initially applied to the Authority to issue the Bonds in one or more series in an aggregate principal amount of $22,000,000, of which not more than $340,000 of the proceeds of the Bonds was to be loaned to the Borrower to (i) finance the acquisition of an 108-unit, multi - family affordable housing development, known as Afton Gardens Apartments, located at 701, 703, 705, 707, 709, 711 and 713 Hunt Avenue N.W., Roanoke, Virginia, 24012 ( "Project "), and (ii) pay certain fees and costs associated with the issuance of the Bonds. The Project will be initially owned and operated by the Borrower. After a public hearing on May 7, 2018, City Council adopted Resolution No. 41109- 050718 to approve the issuance of the financing. Following adoption of Resolution No. 41109-050718, the Borrower was able to apply to the Authority to issue the Bonds in one or more series in an aggregate principal amount of $124,000,000, of which not more than $1,346,000 of the proceeds of the Bonds will be loaned to the Borrower for the Project and to pay certain fees and costs associated with the issuance of the Bonds. Pursuant to the requirements of the Authority and Section 147(f) of the Code and the Treasury Regulations promulgated thereunder (the "Federal Tax Requirements "), prior to the issuance of the Bonds by the Authority, the Borrower has requested the City Council, after a public hearing held following reasonable public notice, as the highest elected representatives of the governmental unit having jurisdiction over the area in which the Project is located, to approve the issuance of the Bonds to be applied to finance the costs of the Project. In addition, City Council needs to repeal and revoke Resolution No. 41109-050718 based on this increase in the proposed principal amount of the financing. Notice of this public hearing was published in The Roanoke Times on Monday, June 4, 2018. The Bonds shall not constitute a debt, liability or obligation whatsoever of the City and are special limited obligations of the Authority payable solely from the loan repayment to be made by the Borrower to the Authority and certain funds and accounts established by the Trust Indenture for the Bonds. The approval by the City Council of the issuance of the Bonds does not constitute an endorsement of the Bonds, the Borrower, the creditworthiness of the Borrower or any other matter relating to the Bonds. Recommended Action: Hold a public hearing at which all interested persons have been given a reasonable opportunity to express their views on the location of the Project, the issuance of the Bonds to finance the Project and other related matters. Following the public hearing, adopt the attached resolution to (i) approve the issuance of the Bonds by the Authority for the purpose of financing the Project in order to satisfy the requirements of the Authority and the Federal Tax Requirements, as described in this Report; and (ii) repeal, revoke, and rescind -RR- esboelrt u ti0 - w 050718 in its entirety. � - J-- - - - - -- oS { City Manager Distribution: Council Appointed Officers Amelia C- Merchant, Director of Finance Kristine Flynn, Hawkins Delafield & Wood LLP The Roanoke Times Roanoke, Virginia Affidavit of Publlte Pon CITYL Y.OANOdE- CIT(ATi DRNEv Pn OrNTLJCAL"r. AN 2'S CHURCHAVENUF 5Al ?iDOr,l 465 e.pANb{E VA_aoii Atcounr Number E0515>5 June 04, 2018 O e Ceteuvy _ Ovtcnntion Y AA Sit. Total C= (6'102J1E Legal N.i¢e5 NOTICE OF A nu9l IC HEARING R F CwrRDIr, G NOT TO E% 1.192L 54552 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 Or A PUBLIC HEAMN was published in said newspapers on the following dales: Cu:LE120'A The First insertion being given ... uG�da 2018 Newspaper reference: 4C410763591 (ling Reprejellkative Sworn to and subscribed before mains Monday. June 4, 2016 /mil `Pl/ /l ��_ P1 RFFN rr iii Public" CO /Notary NOTARY "'•, l�� State of Virginia _ *; R4G.;I%n�Sa1 ? * = CitylCounty of Roanoke �: LfY LgNS15550N ; z My Commission expires A(TH an1/II11 ttt \\ THIS IS NOT A BILL, PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF A PUBLIC HEARING REGARDING el till, NOT TO EXCEED$124,DDD,000 PUBLIC FINANCE AUTHORITY .r-�a�ll 1` MULTIFAMILY HOUSING�_�'��'- ' ^,G Y b . q uvll ' REVENUE BONDS ln.. (AHFSOUTHEAST fM1: tha ,. r� �" PORTFOLIO ACQUISITION) ,a ne u, iof4 +�?o3pm ' U C ,1 ClY[Lm, P.00m 1 W, on Je W Ma al Ge noel C hyb ' Muaicg W Ids3 LS C`x[M1 ivm'a V "� SW. Nlnn!!. Riinie ]bll. _' It ♦ Sh ! I H 'tl'J I' ti 11 E KSn}\+ s FIT q .I '1 r. em 1 .In ,.e. �l:�� a, nr 1121 T -e , "' d5 CEiffi 6II IT It �o'vp erymld rnLen coil uA 11 1 vYFS, A .'are ipV(a : y •tL Ay 1'. Y L I mp i - i6,igj, `Q tepd) 'l] XUnI lM.IC yi0 S bl 1 AdFnU1q YsV nd I +OQ. s In L•a iM1M^ • [ir v:9 P P,Yn �e m e: N:Y a " +Llltr Ic �M1• mW.'vl:uy .en iM n- xv YI:Y� .Ndmrm num<.e,ry r4 a,aH<M; ,italv:•.:.. ^•v :n -sn cob :vyv.lnq „r VW'it - .e,e;al ar 0Y Burc+n . e e. me so x. m. aeeo� se . rcLttu Mure[ol rM1:� 6,[TV, ••: 9amh aml iT imytl }: r. +W tvs fl^:utl Vn u r , +YbmJbG 're .v y,:Y ' mn.o-rta D, - "••ccb ur cn t :w V:a CggN Y �h bhp <n Yn'� 11'dn 5 AG AI v'n rnv "Wey. luml+l! i im, 291A el Eli Jm, nn..:n,. cg,yoo„ ��J w NOTICE OF A PUBLIC HEARING REGARDING NOT TO EXCEED $124,000,000 PUBLIC FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS (AHF SOUTHEAST PORTFOLIO ACQUISITION) NOTICE IS HEREBY GIVEN that, as required by Section 1470 of the Internal Revenue Code of 1986, as amended (the "Code "), the City Council (the "Council ") of the City of Roanoke, Virginia (the "City "), will hold a public hearing at its regularly scheduled meeting on June 18, 2018, at 7:00 p.m. in the Council S.W., Roanoke, Virginia 24011, or as soon as practicable thereafter, concerning the proposed issuance by the Public Finance Authority (the "Authority "), a commission organized under and pursuant to the provisions of Sections 66.0301, 66.0303 and 66.0304 of the Wisconsin Statutes, of the Authority's Multifamily Housing Revenue Bonds, in one or more series (the-`Bonds "). The Bonds are expected to be issued by the Authority pursuant to Section 66.0304 of the Wisconsin Statutes, as amended, in a maximum principal amount of $124,000,000, of which, proceeds from the sale of the Bonds in an amount not to exceed $1,346,000 will be loaned to AHF -Afton Gardens, LLC, a Delaware limited liability company, of which Atlantic Housing Foundation, Inc., a South Carolina nonprofit corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, is the sole member (collectively, the "Borrower "), and used to (i) finance the acquisition by the Borrower of an 108 -unit, multi- family affordable housing development, known as Afton Gardens Apartments (the "Proiec "), located at 701, 703, 705, 707, 709, 711 and 713 Hunt Avenue N.W., Roanoke, Virginia 24012, and (ii) pay certain fees and costs associated with the issuance of the Bonds. The Project will initially be owned and operated by the Borrower. The Bonds and the Project described above were previously considered by the Council at its meeting on May 7, 2018, in which the Council granted its approval for the issuance of up to $22,000,000 of revenue bonds by the Authority, up to $340,000 of which was to be allocated to assist the Borrower in financing the acquisition of the Project. Subsequent to the Council's approval of these matters on May 7, 2018, the maximum principal amount of the Bonds to be issued by the Authority and the maximum amount of proceeds of such Bonds to be allocated to the Borrower's acquisition of the Project were increased. 'Thus, the public hearing described herein will supersede the public hearing held by the Council on May 7, 2018, and the resolution to be considered by the Council after the public hearing described herein will, if adopted, supersede and replace the resolution previously adopted by the Council with respect to the Project. The Bonds will be special limited obligations of the Authority payable solely Tom the loan repayments to be made by the Borrower to the Authority, and certain funds and accounts established by the trust indenture for the Bonds. Additional information concerning the Project, the Borrower or the Bonds may be obtained from Ray E. Jones, Esq., 1221 Main Street, Suite 1100, Columbia, South Carolina 29201; Phone (803) 255 -8000; Email Address: ravionesnparkerpoexonl. THE BONDS WILL NOT CONS"HIV I E. A DEBT OR OBLIGATION OF THE CITY, I HE COMMONWEALTH OF VIRGINIA, OR OF ANY POLITICAL SUBDIVISION THEREOF. SOLELY FORT HE PURPOSE OF COMPLYING WITH THE REQUIREMENTS OF SECTION 147(1) OF THE CODE, THE CITY WILL CONDUCT A PUBLIC HEARING AS TO THE ISSUANCE AND APPLICAI ION OF A PORTION OF THE BONDS IN'I "HE AMOUNT NOT TO EXCEED $1,346,000 TO BE APPLIED TO THE PAY COSTS OF THE ACQUISITION OF THE PROJECT AS DESCRIBED PPAB 41-931, 1 HEREIN. THE CITY HAS NOT REVIEWED OR ENDORSED THE PROJECTOR THE BONDS AND HAS NOT ASSESSED THE CREDITWORTHINESS OF IFIE BORROWER. At the time and place fixed for the public hearing, all persons who appear will be given a reasonable opportunity to express their views, both orally and in writing, for or against the proposed issuance of the Bonds, the location and nature of the Project and other related matters. Should written comments be presented, three copies should be made available to the undersigned at or before the public hearing. Any person wishing to submit written comments regarding the proposed issuance of the Bonds, the location and nature of the Project and other related matters should do so by submitting comments to the City Clerk no later than 5 :00 PM on Thursday, June 14, 2018, at 215 Church Avenue S.W., Room 456, Noel C. Taylor Municipal Building, Roanoke, Virginia 24011. Solely for the purposes of satisfying Section 147(1) of the Code and Section 66.0304(11)(a) of the W isconsin Statutes, the Council also intends to consider a resolution regarding the issuance of the Bonds by the Authority and the financing of the Project at the June 18, 2018 Council meeting following the public hearing described herein. As noted above, such resolution, if adopted, will supersede and replace the resolution previously adopted by the Council with respect to the Project. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853 -2541, by Thursday, June 14, 2018, Dated: June 4, 2018 Stephanie M. Moon Reynolds, MMC City Clerk City of Roanoke, Virginia PTO BE PUBLISHED ON MONDAY, June 4, 20181 legal notices/public notices section of the paper. Please send publisher's affidavit to: Stephanie M. Moon Reynolds, MMC City Clerk City of Roanoke 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Please send invoice to: Daniel J. Callaghan City Attorney City of Roanoke 215 Church Avenue, S.W., Room 464 Roanoke, Virginia 24011 (540) 853 -2431 �u IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2018. No. 41178 - 061818. AN ORDINANCE authorizing the City Manager to execute a First Amended and Restated Contract for Purchase and Sale of Real Property, (the "Amended Contract') between the City of Roanoke, Virginia (the "City "), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia (the "Parent'), and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the "Buyer'), to sell to Buyer certain real property more particularly described as (i) the real property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7230101, and containing approximately 48.2592 acres, together with all improvements thereon; (ii) the real property located at 2410 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170509, and containing approximately 0.9917 acres, together with all improvements thereon; (iii) the real property located at 2402 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170505, and containing approximately 1.0616 acres, together with all improvements thereon; and (iv) the real property located at 2320 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official 'Fax Map No. 7170504, and containing approximately 1.2395 acres, together with all improvements thereon (collectively, the "Property "), for the construction and operation of a brewery and warehouse facility (the "Facility "), and to amend certain terms of the Original Contract to (i) amend the description of the parcel described in the Original Contract to exclude portions of the parcel dedicated to public right of way ( "Amended Original Parcel'-); (ii) include certain acquired Adjacent Parcels into the Amended Contract as part of the Property to be sold to Buyer, (iii) increase the Purchase Price, and (iv) make adjustments to Buyer's timeline for performance; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40485 - 041816, adopted on April 18, 2016, in which Council approved the terms of a contract between the City and Buyer ( "Original Contract "), pursuant to which contract the City agreed to sell City -owned property located at 2002 Blue Hills Drive, N.N., Roanoke, Virginia 24012, consisting of approximately 49.4173 acres, more or less, together with all improvements thereon, designated as Official Tax Map No. 7230101 ( "Original Parcel'); WHEREAS, the City and Buyer executed the Original Contract which was dated April 20, 2016; WHEREAS; the City and Buyer propose to amend and restate the Original Contract by executing the Amended Contract to address several matters that have arisen since the City and Buyer executed the Original Contract; WHEREAS, the description of the Original Parcel has been amended to exclude approximately 1.1582 acres, more or less, that has been dedicated as public right of way at the request of Buyer; WHEREAS, the City proposes to include certain acquired Adjacent Parcels into the Amended Contract more particularly described as (i) the real property located at 2410 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170509, and containing approximately 0.9917 acres, together with all improvements thereon; (ii) the real 2 property located at 2402 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official "I ax Map No. 7170505, and containing approximately 1.0616 acres, together with all improvements thereon; and (iii) the real property located at 0 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170504, and containing approximately 1.2395 acres, together with all improvements thereon (together such parcels are the "Adjacent Parcels "); WHEREAS, the City proposes to sell to Buyer the Adjacent Parcels, together with the Amended Original Parcel (collectively, the "Property "), for the aggregate Contract Purchase Price of $3,205,000, together with other consideration and performance of other obligations by Buyer, for the construction and operation of a brewery and warehouse facility; W1 IEREAS, upon the sale of the Property, Buyer will grant a first priority Deed of Trust on the Property to the City as Security for Reimbursement Amount (as defined and described in the Amended Contract) by Buyer, as required by the terms of the Amended Contract and more particularly described in the City Council Agenda Report dated June 18, 2018; WHEREAS, the proposed Deed of Trust provides the City with the power to sell the Property at foreclosure sale in the event of a material default as defined in the Deed of Trust; and provides that, upon satisfaction in full of all obligations of Buyer under the Amended Contract and Deed of Trust with respect to payment of the Reimbursement Amount, the City will release and discharge the Deed of Trust; WI IEREAS, Buyer has the option, in place of the Deed of Trust, to provide or grant to the City as Security for Reimbursement Amount (as defined and described in the Amended Contract) an unconditional letter of credit, in the form of the better of Credit attached to the Amended Contract (the "Letter of Credit ") in the amount of $1,082,140, issued in favor of City 3 by a bank qualified to conduct business in the Commonwealth of Virginia and with an office in Roanoke, Virginia; WHEREAS, a public hearing was held on June 18, 2018, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance; and WHEREAS, after closing the public hearing, Council believes that authorizing the City Manager to execute the First Amended and Restated Contract for Purchase and Sale of Real Property between the City and Buyer in accordance with the terms of the proposed Amended Contract, Deed of Trust, and Letter of Credit, will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. City Council hereby approves the terms of the Amended Contract as set forth in the City Council Agenda Report dated June 18, 2018, which Amended Contract amends and restates the Original Contract approved by City Council by Ordinance No. 40485 - 041816, adopted on April 18, 2016, and provides for certain undertakings and obligations by Buyer and the City. 2. The City Manager is hereby authorized on behalf of the City to execute the Amended Contract, to amend certain terms of the Original Contract to (i) amend the description of the parcel described in the Original Contract to the Amended Original Parcel; (ii) include certain acquired Adjacent Parcels into the Amended Contract as a part of the Property to be sold to Buyer, (iii) increase the Purchase Price, and (iv) make adjustments to Buyer's timeline for performance, as set forth in the aforementioned City Council Agenda Report. The Amended Contract is to be substantially similar to the Amended Contract attached to the Agenda Report, to sell to Buyer the Property for the purchase price of $3,205,000, together with other consideration 4 and performance of other obligations by Buyer, for the construction and operation of the Facility, upon such terms and conditions as more particularly set forth in the above- mentioned Agenda Report, and such Amended Contract is to be in a form approved by the City Attorney. 3. The City Manager is hereby authorized on behalf of the City to execute and accept a Deed of Trust, substantially similar to the Deed of Trust attached to the Amended Contract, in which Buyer will grant a first priority lien on the Property to the City as Security for Reimbursement Amount (as defined and described in the Amended Contract), as required by the terms of the Amended Contract, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release the Deed of Trust in accordance with the terms of the Deed of Trust. 4. The City Manager is hereby authorized on behalf of the City to execute and accept a Letter of Credit, if applicable, substantially similar to the Letter of Credit attached to the Amended Contract, as Security for Reimbursement Amount (as defined and described in the Amended Contract), as required by the terms of the Amended Contract, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release the Letter of Credit in accordance with the terms of the Letter of Credit. 5. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to Buyer in accordance with the terms of the Amended Contract, and take such further actions as may be 5 necessary to implement, administer, and enforce the Amended Contract, Deed of Trust, and the Letter of Credit, and complete the sale and transfer of the Property to Buyer. 6. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Buyer pursuant to the Amended Contract, Decd of'I rust, and the Letter of Credit. 7. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. R. 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 Clerkl o\ w 'M�Td�� 6 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 18, 2018 Subject: Amendment and Restatement of Contract for Purchase and Sale of Real Property between the City of Roanoke and Deschutes Brewery, Inc. Background: Deschutes Brewery, Inc. (Deschutes) executed a Contract for Purchase and Sale of Real Property (Original Contract) with the City of Roanoke (City) effective April 20, 2016, whereby the City agreed to sell approximately 49.4173 acres, located at 2002 Blue Hills Drive, N.E., (Official Tax Map #7230101 ) to Deschutes for the construction and operation of a brewery and warehouse facility (Facility). The terms of this Contract provided for a closing date of May 1, 2018. Deschutes notified the City that it anticipates some changes in the scope and timing of the originally proposed project and those expected changes may require adjustments in the original timeline. As a result, the City and Deschutes plan to present an amended and restated contract ( "Amended Contract ") to Council for consideration at the June 18, 2018 session of Council that address several matters that have arisen since the City and Deschutes executed the Original Contract, including: (1 ) amend the description of the property to be sold to Deschutes to 0) amend the description of the Original Parcel to exclude approximately 1.1582 acres, more or less, ( "Amended Original Parcel ") that has been dedicated as public right of way at the request of Deschutes; and (ii) include the three parcels acquired by the City adjacent to the Original Parcel: (a) Roanoke City Tax Map No. 7170509, 2410 Mason Mill Road, N.E., Roanoke, Virginia; (b) Roanoke City Tax Map No. 7170505, 2402 Mason Mill Road, N.E., Roanoke, Virginia; and (c) Roanoke City Tax Map No. 71 70504, 2320 Mason Mill Road, N.E., Roanoke, Virginia (together such parcels are the "Adjacent Parcels "); (2) sell the Amended Original Parcel and the Adjacent Parcels to Deschutes for $3,205,000 in cash on or before June 30, 2018. The sale of the property will be subject to: (i) a restrictive covenant limiting the use of the property to manufacturing; (ii) a restrictive covenant preventing the sale or transfer of the property, or any portion during the 36 -month period immediately following the closing date without prior approval of the City; (iii) a right, but not the obligation, for the City to repurchase the Property at the sale price, at certain deadlines, (iv) the agreement of Deschutes to provide to the City a first priority Deed of Trust (or an unconditional Letter of Credit issued in favor of the City by a bank qualified to conduct business in the Commonwealth of Virginia) on the Property to reimburse the City for any obligation for the federal or state grants for road improvements incurred by the City under Section 20 of the Original Contract, not to exceed $1,082,140.00; and (v) such other agreements and terms as the parties may mutually accept; and (3) (i) establish a revised development proposal based on Deschutes' evaluation of market conditions with such revised performance schedule to be established and accepted by the City on or before March 31, 2019; (ii) eliminate the incentives set forth in the current agreement (other than the public road improvements described in Section 20 of the Original Agreement) and permit Deschutes to submit a request for incentives on or before March 31, 2019; and (iii) establish a revised approval period schedule based on the Deschutes' revised and approved development and construction schedule, with proposed plans to be submitted by August 31, 2020, and construction begin no later than June 30, 2021. Under State Code, City Council is required to hold a public hearing to consider the sale of City -owned property. City Council has authorized the City Manager to set a public hearing for June 18, 2018 at 7:00 p.m. Notice of the public hearing was advertised in The Roanoke Times on Monday, June 11, 2018. Recommended Action: Open the public hearing to receive comments regarding the proposed Amended Contract. Following receipt of comments from the public hearing and, after consideration of the comments received from the public, adopt the attached ordinance authorizing the City Manager to execute an Amended Contract between Deschutes Brewery, Inc. and the City of Roanoke, substantially similar to the Amended Contract attached to this Report and authorizing the City Manager to execute such further documents, take such further actions as may be necessary to accomplish the above matters and perform in accordance with the terms of the Amended Contract. All documents are subject to approval as to form by the City Attorn y. - ---- --GY. '=- . -- - Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Rob Ledger, Acting Director of Economic Development Amelia C. Merchant, Director of Finance DRAFT DATE June 11, 2018 FIRST AMENDED AND RESTATED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This First Amended and Restated Contract for Purchase and Sale of Real Property ( "Contract' or "Agreement') is entered into effective June , 2018 ( "Effective Date "), by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City "), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia ( "Parent'), and its subsidiaries or affiliates that may be created to own and /or operate the Facility 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 and Buyer entered into a Contract for Purchase and Sale of Real Property dated April 20, 2010, and as amended by two (2) amendments that extended the Closing Date to a date prior to June 30, 2018 ( "Original Contract ") under which Original Contract Seller agreed to sell, and Buyer agreed to purchase, certain real property, with improvements thereon, simated at 2002 Blue Hills Drive, N.E., Roanoke, Virginia, designated at Official Tax Map No. 7230101 ( "Original Property ") for the sum of $2,750,000, together with other considerations; to include the Property as the property to be acquired by Buyer; WHEREAS, pursuant to Section 12 of the Original Contract, Seller agreed to use its best efforts to acquire certain parcels adjacent to the Original Property and Buyer agree to purchase such additional parcels, and as of the date hereof, the City has acquired three (3) such parcels, as described herein; WHEREAS, Seller is the owner in fee simple of the Property (as that term is defined in Section 1 of this Agreement); WHEREAS, Buyer notified the City that due to significant changes in its industry, it would like to amend the Original Contract in order to account for potential changes in the scope and timing of the Project; WHEREAS, Buyer proposes to make substantial improvements to the Property for the construction, equipping, and operation of a brewery and warehouse facility ( "Facility") in accordance with the Revised Project; WHEREAS, Buyer requires time to develop and finalize its plans for the Facility and, based upon those plans, request economic assistance from Seller and the Economic Development Authority of the City of Roanoke, Virginia ( "EDA ") to assist with the development and operation of the Facility as permitted by Applicable Law and as Seller and EDA may determine that such Facility will promote economic development within the City of Roanoke and the Roanoke Region; and DRAFT DATE June 11, 2018 WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring such Property for the proposed construction and operation of a brewery, and Seller and Buyer desire to amend, restate, and replace the Original Contract with the terms and conditions of this Contract. THEREFORE, for and in consideration of the mutual covenants and conditions 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 consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree to amend, restate, and replace the Original Contract, with the terms and conditions of this Contract, 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: "Buyer Post Closing Covenants" has the same meaning set forth in Section 16 below. "Closing" means the consummation of the transaction set forth in this Contract by Seller's conveyance of the Property to Buyer pursuant to the Deed. "Closing Date" is defined in Section 8 below. "Days" means, unless otherwise stated, consecutive calendar days. "Deed" means a special warranty decd conveying title to the Property in a form and substance reasonably acceptable to Buyer. "Deed of Restriction" means the Deed of Restriction to the Roanoke Centre for Industry and Technology, as amended, dated February 15, 2012, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. "Earnest Money" means the deposit of $10,000 previously made by Buyer in accordance with the LOI. "Governmental Authority" means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the construction, development, occupancy, use, and operation of the Facility. "Incentive Approval Date" means June 30, 2019. "Incentive Execution Date" means August 31, 2019 DRAFT DATE June 11, 2018 "Incentive Submission Date" means March 31, 2019 "LOP" means the Letter of Intent executed by Buyer and Seller dated as of December 31, 2015, with respect to the proposed purchase and sale of the Property. "Permits and Approvals" mean all permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the Facility or otherwise in connection with the Revised Project, all such permits, approvals, consents, and authorizations having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. "Plans" or "Plan' mean the design plans and drawings and other documents as approved by the City of Roanoke Department of Planning, Building and Development. "Property" means (i) the real property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7230101, and containing approximately 48.2592 acres, together with all improvements thereon; (ii) the real property located at 2410 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170509, and containing approximately 0.9917 acres, together with all improvements thereon; (iii) the real property located at 2402 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170505, and containing approximately 1.0616 acres, together with all improvements thereon; and (iv) the real property located at 2320 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170504, and containing approximately 1.2395 acres, together with all improvements thereon. The Property is more particularly described in Exhibit 1 attached hereto and made a part hereof. The Property will be subject to the conditions set forth in Sections 4,13 B. and 16 of this Contract including the dedication of a portion of the Original Property as a public right of way, together with the dedication of certain easements, all as depicted in Exhibit 1 -A attached hereto and made a part hereof ( "Right of Way and Easement Dedication Plat ") and the reservation of an easement for the extension of Tinker Creek Greenway, as depicted in Exhibit 1 -B attached hereto and made a part hereof (" Greenway Easement Reservation'). "Proposal" means the Proposal submitted by Buyer and attached as Exhibit 2 to the Original Contract. "Purchase Price" means the sum of $3,205,000 to be paid by Buyer for the acquisition of the Property from Seller. Buyer shall pay the Purchase Price in immediately available funds of the United States of America at Closing. "Restrictive Covenants" means- the obligations of Buyer under Section 16.B. below. "Revised Project" means and includes the design, engineering, and construction of the Facility by Buyer in accordance with the Proposal, as revised, as well as any related or connected work that may be required or done on any part of the Property. DRAFT DATE June 11, 2018 "Title Company" means any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller, on and subject to all the terms, covenants, and conditions set forth in this Contract. SECTION 3. PAYMENT OF PURCHASE PRICE. Buyer has completed Buyer's due diligence review of the Property and, subject to the other conditions of this Contract, the Purchase Price shall be payable in immediately available funds of the Unites States of America from Buyer to Seller at Closing. At Closing Seller shall apply the Earnest Money to the Purchase Price. Buyer further agrees to promptly reimburse Seller for the actual, reasonable costs for any advertisement of required public hearing(s) related to the sale of the Property under this Contract. Pursuant to the laws of the Commonwealth of Virginia, Seller must advertise notice of a public hearing before Roanoke City Council once in a newspaper of general circulation within Roanoke City. SECTION 4. TITLE. Buyer's obligation to purchase the Property is conditioned on the Property being conveyed by Seller to Buyer, with special warranty covenants, and free of encumbrances created or suffered by Seller except for such encumbrances that constitute Permitted Encumbrances. "Permitted Encumbrances" means and includes only the following: A. Ad valorem real property taxes and storrnwater utility fees for the current year, not yet due and payable; B. The Deed of Restriction; C. Special exceptions 2 through 16 in the preliminary title report of Fidelity National Title Insurance Company dated January 12, 2016 ( "Title Report "), and special exception 17 in the Title Report for all matters identified in special exception 17, other than matters created, granted, or suffered by Seller during the period when Seller had title to the Property; D. The conditions on the Plat; E. The Restrictive Covenants; F. The limitation on transfers of the Property set forth in Section 16.13 of this Contract; G. The Lease Agreement between the City of Roanoke, Virginia and Richard E. Beverly and Cassie M. Beverly dated December 28, 2016 for 2410 Mason Mill Road, N.E., Roanoke, Virginia, and as amended; H The Life Estate reserved by Cindy S. Minnick on 2402 Mason Mill Road, N.E., DRAFT DATE June It, 2018 Roanoke, Virginia, Official Tax Map No. 7170505 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 170013206; Life Estate reserved by Cindy S. Minnick 2320 Mason Mill Road, N.E., Roanoke, Virginia, Official Tax Map No. 7170504 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 170013206; and J. The Right of Way and Easement Dedication Plat and the Greenway Easement Reservation. SECTION 5. INCENTIVES A. Buyer and Seller agree to discuss Buyer's requests for incentives from the Commonwealth of Virginia or the City in amounts not to exceed the previous amounts of Incentives set forth in the Original Contract. Buyer shall submit its requests for incentives from each applicable Governmental Authority to such Governmental Authority, in writing no later than the Incentive Submission Date. Such requests shall include all revisions to the Proposal for the Revised Project, along with such other terms and conditions required by the Governmental Authority. Each applicable Governmental Authority shall approve or reject such request by the Incentive Approval Date. Any incentives approved by each applicable Governmental Authority shall be finalized in a written agreement executed by Buyer and each applicable Governmental Authority by the Incentive Execution Date. B. Seller, Buyer and EDA acknowledge and agree that the incentives provided to Buyer pursuant to (i) a grant from the Commonwealth's Opportunity Fund pursuant to a Performance Agreement among Seller, Buyer, and EDA dated as of April 20, 2016 ("COT Grant "); and (it) a grant from the EDA pursuant to a Performance Agreement Regarding Operation Period Economic Development Grant among Buyer, Seller, and EDA dated as of April 20, 2016 ( "EDA Grant "); are hereby suspended pending submission of a revised proposal by Buyer, acceptance of such revised proposal by the Commonwealth of Virginia Economic Development Partnership ( "VEDP" ), the City, and EDA, and execution of appropriate documents to amend and restore the COF Grant and the EDA Grant on terns and conditions acceptable to VEDP, the City, and EDA by the Incentive Approval Date. The notice of suspension from VEDP is dated May 7, 2018, and a copy of this notice is attached hereto and made a part hereof as Exhibit 2. In the event that such proposed amendments to the COF Grant or the EDA Grant are not accepted, finalized and executed by the Incentive Execution Date, the COF Grant or the EDA Grant, as applicable, shall automatically terminate and be of no further force or effect. DRAFT DATE June 11, 2018 C. Seller, Buyer, and EDA acknowledge and agree that all incentives set forth in Section 7 of the Original Contract, other than the COF Grant described in Section 7.A.1 of the Original Contract and the EDA Grant described in Section TB.1 of the Original Contract, are hereby terminated and of no further force or effect. SECTION 6. CONDITIONS TO BUYER'S OBLIGATION TO CLOSE. A. The following are conditions precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract- L The fulfillment to Buyer's reasonable satisfaction of Seller's obligation to convey title to the Property on the Closing Date to Buyer pursuant to the terns and conditions of this Agreement. 2. Buyer must be satisfied in its sole discretion with the results of its due diligence and inspections of the Property. 1 Seller must not be in default of Seller's obligations under this Contract, and Seller's representations and warranties in this Contract must remain true and correct as of the Closing. 4. The Title Company's commitment to issue, on 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 the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Permitted Encumbrances. B. All of the foregoing conditions are for the benefit of Buyer, and Buyer may choose, in Buyer's sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. SECTION 7. CONDITIONS TO SELLER'S OBLIGATION TO CLOSE. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, Buyer must not be in material default of its obligations under this Contract, and Buyer's representations and warranties in this Contract must remain true and correct as of the Closing. The foregoing conditions are for the benefit of Seller, and Seller may choose, in Seller's sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. SECTION 8. CLOSING DATE. The Closing of this transaction shall occur prior to June 30, 2018, on a date selected by Buyer ( "Closing Date "). The Closing shall occur at a mutually acceptable time (anticipated to be approximately 10:00 AM) on the Closing Date in the Office of the City Attorney, or at such other location and time as shall be approved by Buyer and Seller. DRAFT DATE June 11, 2018 SECTION 9. CLOSING DELIVERABLES & MECHANICS. A. Seller's Obligations at Closing. On the Closing Date, Seller shall sell and convey the Property to Buyer by delivering or causing to be delivered to Buyer the following: L The duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; 2. 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; 3. 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; 4. A written certification that Seller's representations and warranties in this Agreement remain true and correct as of the Closing; 5. A duly executed counterpart of a Closing Statement; and 6. Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. B. Buyer's Obligations at Closing. At the Closing, Buyer shall Purchase the Property from Seller for the Purchase Price by payment in immediately available funds of the United States of America to Seller. C. Prorated Expenses. At Closing, real property taxes (if any), and storon water utility fces shall be prorated with Seller responsible for all periods prior to Closing and Buyer being responsible for all periods thereafter. The settlement of any such amounts between Buyer and Seller shall occur at Closing or as soon as reasonably possible thereafter. D. Title Policy. Buyer shall cause the Title Company to issue and deliver the Title Policy to Buyer after the Closing Date. E. Buyer's Expenses. Buyer shall pay for (i) the cost of all Buyer's investigations of the Property including but not limited to Buyer's examination of title; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed; and (iv) the title insurance premiums for issuance of the Title Policy. DRAFT DATE.Iune 11, 2018 F. Seller's Expenses. Seller shall pay (i) the Grantor's tax, if any; and (ii) all attorney's fees and expenses incurred by legal counsel to Seller, if any. G. Possession. Seller shall deliver exclusive possession of the Property to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 10. 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, Seller shall promptly notify Buyer thereof in writing and within thirty (30) 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 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 on 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 11. RISK OF LOSS. Risk of Loss by fire or other casualty shall be on Seller until Closing is completed, subject only to Buyer's obligations under this Agreement. If the Property is substantially damaged or destroyed before Closing by such casualty, then Buyer may cancel this Contract by giving Seller written notice of such cancellation, and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. In the event that this Contract is cancelled pursuant to this Section 11, the Earnest Money shall be returned to Buyer. SECTION 12. NO BROKERS OR FINDERS. Buyer has not incurred any liability or obligation — whether contingent or otherwise — for a brokerage commission, a finder's fee, or any other similar payment in connection with this Agreement or the transaction contemplated herein. Seller has not incurred any liability or obligation — whether contingent or otherwise — for a brokerage commission, a finder's fee, or any other similar payment in connection with this Agreement or the transaction contemplated herein. SECTION 13. SELLER'S REPRESENTATIONS AND WARRANTIES. A. Subject only to the representations and warranties set forth in Section 13.B. below, Seller's other representations and warranties in this Agreement, and Seller's representations and warranties in any instruments delivered by Seller to Buyer at Closing, including, without limitation, the Decd, Buyer's purchase of the Property will be "AS IS ". DRAFT DATE June 11, 2018 B. Seller represents and warrants to Buyer with respect to the Property that Title. Seller is the legal and beneficial fee simple titleholder of the Property and has good, marketable title to the Property, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, casements, rights of way, options, judgments, or other matters, created by Seller, subject to all matters disclosed by the Title Report and the Plat. Seller will convey title to the Property to Buyer subject to the special warranty covenants and free of encumbrances created or suffered by Seller except for such encumbrances that constitute Permitted Encumbrances. 1 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. Buyer acknowledges that this Contract is subject to the Right of Way and Easement Dedication Plat and the Greenway Easement Reservation. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representatives of any type regarding hazardous materials of any type. 5. Leases. There is a Lease Agreement between the City of Roanoke, Virginia and Richard E. Beverly and Cassie M. Beverly dated December 28, 2016 for 2410 Mason Mill Road, N.E, Roanoke, Virginia. The term of this Lease commenced on December 29, 2016, and ends on June 28, 2018. The term of this Lease has been extended to July 31, 2018. There are also (i) a Life Estate reserved by Cindy S. Minnick, on 2402 Mason Mill Road, N.E., Roanoke, Virginia, Official Tax Map No. 7170505 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 170013206; and (it) a Life Estate reserved by Cindy S. Minnick 2320 Mason Mill Road, N.E., Roanoke, Virginia, Official Tax Map No. 7170504 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 170013206. There are no other leases of or affecting the Property. 6. Access. Ingress to and egress from the Property is available and provided through either Mason Mill Road, N.E., or Blue Hills Drive, N.E. Each parcel of the Property has usable frontage and legal access to said roads. DRAFT DATE June 11, 2018 7. No Conflicts. Seller's execution and performance of this Agreement does not: (i) breach any other agreement to which Seller is a party; or (it) violate any law, judgment, or order to which Seller is subject. S. No Notice of Violations. Seller has received no notice of any violation of zoning requirements or other ordinances, rules or regulations with respect to the Property. 9. No Litigation. There is no litigation, claim, or arbitration, pending or, to the knowledge of Seller's City Manager or Seller's City Attorney, threatened, with regard to the Property. SECTION 14. DEFAULT OF CLOSING OBLIGATIONS. A. In the event that the Closing does not occur by reason of any default by Seller, Buyer shall be entitled to return of the Earnest Money and shall also have the right to pursue the remedy of specific performance of this Contract. These remedies shall be the sole remedies available to Buyer for Seller's breach of Seller's closing obligations. B. In the event that the Closing does not occur by reason of any default by Buyer, Buyer and Seller agree that it would be impractical and extremely difficult to estimate the damages that Seller may suffer. Therefore, Buyer and Seller agree that a reasonable estimate of the total net detriment that Seller would suffer if Buyer defaults and fails to complete the purchase of the Property is and shall be, and Seller's sole and exclusive remedy (whether at law or in equity) shall be, an amount equal to the Earnest Money. This amount shall be the full, agreed, and liquidated damages for the breach of this Agreement by Buyer (excluding Buyer's breach of any of the Restrictive Covenants), all other claims to damages or other remedies being herein expressly waived by Seller. The retention by Seller of the Earnest Money as liquidated damages is not intended as a forfeiture or penalty, but is intended to constitute liquidated damages to Seller. SECTION 15. LIMITS ON ASSIGNMENT. Each party agrees not to assign or transfer any part of the party's rights or obligations under Sections 2 through 14 of this Contract without the prior written consent of the other party, which consent shall not be unreasonably withheld, and any such assignment shall not relieve the assigning party from any of its obligations under this Contract; provided that Parent 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. For avoidance of any doubt, an assignment does not include any transfer of a minority interest in the shares or other ownership interests of Buyer, regardless of l0 DRAFT DATE.Iune 11, 2018 whether the transfer occurs voluntarily or involuntarily, by operation of law, or because of any act or occurrence. SECTION 16. BUYER POST - CLOSING COVENANTS. Buyer acknowledges and agrees that a part of the consideration for Seller is Buyer's commitment to perform the following post - closing covenants ( "Buyer Post - Closing Covenants ") in accordance with the terms and conditions set forth in this Contract A. Timeline: Compliance with Laws 1. Timeline. Seller will have the repurchase option rights set forth in Section 16.C.1. below if Buyer: (i) does not submit to the Seller a revised Proposal on or before March 3l, 2019, and fails to provide a revised Proposal to Seller within 15- days of receiving written notice from Seller that the revised Proposal is past due; (it) does not submit to Seller on or before August 31, 2020, Buyer's proposed design plans and drawings for the Facility; or (iii) has not commenced construction of a brewery on the Property by June 30, 2021 (each of the events set forth in (i), (ti), or (iii) is a "Repurchase Event "). 2. Compliance with Laws. Construction and operation of the Facility must be performed in accordance with all applicable laws, rules, regulations and ordinances, including all applicable licensing requirements. B. Restrictive Covenants Use Restriction. The Property may be used only for manufacturing purposes. For avoidance of doubt, and without limitation: (i) ancillary and related uses will be permitted provided the primary use of the Property is manufacturing; (it) making, bottling and distributing beverage products from the Property will constitute "manufacturing purposes "; and (iii) neither holding the Property prior to its development for manufacturing purposes nor developing the Property for manufacturing purposes and ancillary and related use will constitute a violation of the above use restrictions. Buyer, its assignees, and all future owners and lessees of the Property shall at all times comply with Federal nondiscrimination and environmental requirements. Limitation on Sale or Transfer. The parties acknowledge and agree that during the 36 -month period immediately following the Closing Date (the 'Restricted Period "), Buyer shall not, without Seller's advance written consent, which may be granted, conditioned or withheld by Seller in Seller's sole discretion, 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 Revised Project. Further, after expiration of the Restricted Period and prior to substantial completion of construction of a DRAFT DATE June 11, 2018 brewery on the Property, Buyer shall not, without thirty (30) Days prior notice to Seller, sell, transfer, or otherwise dispose 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 Revised Project. The requirement in the immediately preceding sentence to provide notice to the Seller will only apply on the first sale by Buyer of the Property if substantial completion of a brewery on the Property has not been completed as of the sale date, and will not be binding on or apply to any subsequent owner of the Property. 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 will 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 terms of this Contract. Survival of Restrictive Covenants. Buyer agrees that the Restrictive Covenants shall be recorded either directly or by reference in the Deed, shall survive Closing, and shall be binding on Buyer's successors and assigns. A copy of this Contract shall also be recorded with the Deed. The Restrictive Covenants shall run with the land (subject to the automatic termination of the Restrictive Covenants under Section 16.B.2 above on the terms set forth in that Section). C. Remedies. The remedies set forth below in this Section 16.0 will be Seller's sole and exclusive remedies in the event Buyer breaches this Section 16 or any of the Restrictive Covenants: Seller Repurchase Rights. Seller will have the option to repurchase the Property if Buyer upon the occurrence of a Repurchase Event, subject to the notice and cure rights specified in Section 16.A.1 with respect to delivery of a revised Proposal. If Seller wishes to exercise Seller's option to repurchase the Property, Seller must deliver to Buyer within forty five (45) Days after the occurrence of the Repurchase Event that gave rise to Seller's repurchase option a written notice stating that Seller elects to repurchase the Property. The purchase price for any such repurchase of the Property by Seller will consist of a refunded payment by Seller to Buyer of the entire original Purchase Price for the Property paid by Buyer to Seller; whereupon Buyer shall forthwith, and not later than ninety (90) Days following Seller's election, convey the Property to Seller, and Seller shall pay the purchase price, less reasonable closings costs, which will be paid at Buyer's sole expense, and accept conveyance of the Property free and clear of mortgages, deeds of trusts, liens, and other financial encumbrances (collectively "Financial Encumbrances "), except that the Property will be conveyed subject to any Financial Encumbrances to the extent they constitute Permitted Exceptions or Security for Reimbursement Amount (as that tern is defined below) or are or were otherwise for the benefit of Seller. If Buyer for any reason fails or refuses to convey title back to Seller as required in this paragraph, Seller shall 1? DRAFT DATE .June 11, 2018 have the right to enter onto and take possession of the Property, along with all rights and causes of action necessary to have title to the Property conveyed to Seller. Any repurchase option that is not exercised by Seller within the applicable thirty (30) Day option period specified above will automatically expire and be of no further force or effect. Such expiration will not affect Seller's repurchase rights arising from the occurrence of a subsequent Repurchase Event. Grant Reimbursement. Seller applied to, received, and accepted from (i) the United States Department of Commerce, Economic Development Administration a grant under the Public Works and Economic Development Act of 1965 (41 U.S.C. § 3121 et seq.) ("PWEDA ") in the amount of $1,514,280 ( "Federal EDA Grant Amount ") pursuant to a Financial Assistance Award dated November 30, 2016, and bearing EDA Award No. 1; and (ii) the Commonwealth of Virginia a grant in the amount of $650,000 ( "Commonwealth Grant Amount") under the Economic Development Access Program from funds allocated by the Commonwealth Transportation Board and administered by the Commonwealth of Virginia Department of Transportation, Local Assistance Division. If Buyer, through no fault of Seller, does not complete the construction of a brewery on the Property in accordance with the terms and conditions of this Agreement ( "Recapture Event "), and, as a direct result of the occurrence of such Recapture Event, Seller, within five years from the Closing Date, becomes obligated under the original grant terms or conditions to refund or repay, and does refund or repay to the United States Department of Commerce, Economic Development Administration ("USDOC ") any of the Federal EDA Grant Amount or to the Commonwealth of Virginia any of the Commonwealth Grant Amount, then, subject to the other provisions of this Agreement, Buyer agrees, on not less than forty five (45) Days' advance written notice from Seller to Buyer that reimbursement is due, to pay Seller an amount equal to one -half of any such grant amounts) actually demanded by USDOC or the Commonwealth of Virginia to be refunded or repaid by Seller to either such agency ( "Reimbursement Amount"), with such Reimbursement Amount capped at an aggregate amount not to exceed $1,082,140, Buyer will have the right to condition Buyer's payment of the Reimbursement Amount on Seller providing reasonable assurances and procedures (such as an escrow agent at Seller's sole expense) reasonably acceptable to Buyer that the Reimbursement Amount will be paid and disbursed to Seller only on the Seller's payment of the entire amount (including the Seller's Y share) of the refund or repayment obligation to, as applicable, the USDOC or the Commonwealth of Virginia. The above reimbursement obligations of Buyer will be offset and reduced by any amount Buyer has paid or otherwise pays to Seller (either directly or as a reduction in purchase price) pursuant to this Section 16.02 or Section I6.C.6 below. 13 DRAFT DA1 E June 11, 2018 Default and Additional Remedies: In addition to the other remedies provided in this Section 16, any attempted conveyance by Buyer in violation of this Agreement shall be deemed void and of no effect and any Earnest Money held by Seller will be retained by Seller as liquidated damages. Buyer hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages could be void as penalties or are not reasonably related to actual damages incurred by Seller in enforcing the Restrictive Covenants. Seller shall have the right to seek equitable relief from the Circuit Court of the City of Roanoke. Virginia to enforce this Contract. 4. Securitv for Reimbursement Amount As security for Buyer's obligations under Section 16.C2, Buyer shall, at the Closing, deliver to Seller, at Buyer's option, one of the following (each a "Security for Reimbursement Amount"): (l) a deed of trust in substantially the form of Exhibit 3 attached hereto and made a part hereof, granted by Buyer to Seller to create a first priority lien on the property at Closing; (2) a letter of credit in substantially the form of Exhibit 4 attached hereto and made a part hereof, in the initial amount of $1,082,140, issued in favor of Seller by a bank qualified to conduct business in the Commonwealth of Virginia and with an office in the Commonwealth of Virginia; or (3) other similar collateral reasonably acceptable to Seller to secure payment and performance of Buyer's obligations under Section 16.C2. Buyer's obligation to provide any Security for Reimbursement Amount ends on the earliest to occur of (i) June 30, 2023; (ii) the date that both the Federal EDA Grant Amount and the Commonwealth Grant Amount are no longer subject to recapture of any funds; or (iii) the date that Buyer has paid Seller a total Reimbursement Amount(s) of $1,082,140 (either directly or as a reduction in purchase price). To the extent that: (A) either the Federal EDA Grant Amount or the Commonwealth Grant Amount, or any portion of either grant, are no longer subject to recapture of any funds; or (B) Buyer has paid (either directly or as a reduction in purchase price) a portion of the Reimbursement Amount; then the amount of any letter of credit and any other collateral provided as Security for Reimbursement Amount will be equitably reduced (such as amending or replacing a letter of credit to reflect a reduced amount) in proportion to the reduction in the amount of Buyer's obligations with respect to the Reimbursement Amount and Seller's reduced contingent liabilities with respect to the above grants, and the parties will reasonably cooperate to accomplish such reduction. 5. Substitution of Securitv for Reimbursement Amount. Buyer may substitute a new Security for Reimbursement Amount on at least thirty (30) Days' prior written notice to Seller (e.g. replace a decd of trust with a letter of credit, etc.) that meets the requirements of Section 16.C.4. Seller agrees to cooperate with any such substitution, provided, however, Seller will have fifteen (15) Days to review the proposed new Security for Reimbursement Amount to confirm that the proposed new Security for Reimbursement Amount satisfies the requirements of Section 16.C.4. If Buyer proposes to provide a deed of trust 14 DRAFT DATE June 11, 2018 as a new Security for Reimbursement Amount, Buyer shall, at Buyer's sole cost and expense, obtain the subordination of all deeds of trusts, liens, and encumbrances, and restrictions on the Property created or suffered by Buyer. Such subordination must be in a form reasonably acceptable to Seller and Buyer. Without limitation, if Seller repurchases the Property pursuant to Section 16..1. above, and Buyer remains obligated to provide Seller with a Security for Reimbursement Amount, then, as a condition of Seller's refund of the entire original Purchase Price to Buyer, Buyer must provide Seller with either a letter of credit or other acceptable collateral that constitutes a Security for Reimbursement Amount and otherwise meets the requirements of Section 16.CA ( "Revised Security for Reimbursement Amount "). If Buyer fails to provide Seller such Revised Security Reimbursement Amount at the closing of Seller's repurchase of the Property, Seller may hold back from the payment of the purchase price to Buyer an amount equal to the total Reimbursement Amount for which Buyer is contingently liable on such closing date ( "Hold Back ") until the earlier of such date as: (i) Buyer provides Seller with a Revised Security for Reimbursement Amount; or (ii) Buyer is no longer obligated under Section 16.C.4. to provide Security for Reimbursement Amount; on the occurrence of either such event, Seller shall promptly pay and refund to Buyer the entire amount of the Hold Back, less any unpaid Reimbursement Amount then due and payable by Buyer to Seller. Likewise, if the amount of the remaining potential Reimbursement Amount is at any time less than the amount of the Hold Back, Seller shall promptly refund and pay to Buyer an amount equal to the amount by which the Hold Back exceeds the remaining potential Reimbursement Amount. Purchase Price Reductions. If a Recapture Event occurs, and, as a direct result, Buyer is obligated, as of the closing of the repurchase of the Property by Seller pursuant to Section 16..1 above, to pay to Seller any Reimbursement Amount under Section 16.C2. above, then, subject to the other provisions of this Agreement, Seller's refunded payment to Buyer of the Purchase Price will be reduced in an amount equal to such Reimbursement Amount that is then due and payable by Buyer to Seller, and such deduction will be treated as a payment of the Reimbursement Amount from Buyer to Seller. 7. Limits on Remedies. Notwithstanding any other provision of this Agreement, Buyer's aggregate liability with respect to amounts paid, repaid or refunded to the USDOC and the Commonwealth of Virginia Department of Transportation. or otherwise with respect to the Federal FDA Grant Amount and the Commonwealth Grant Amount, will not, under any circumstance, exceed the lesser of. (i) the total Reimbursement Amount; or (ii) 51,082,140. 15 DRAFT DATE.Iune 11, 2018 SECTION 17. PUBLIC INFRASTRUCTURE IMPROVEMENTS. Pursuant to Section 20 of the Original Contract, Seller agreed to make certain Public Infrastmeture Improvements following the closing. Buyer and Seller agree that Buyer may request Seller to make public infrastructure improvements in connection with the Revised Project at the time Buyer submits its request for incentives pursuant to Section 5A of this Contract. Seller shall have 60 Days after receipt of such request to determine whether Seller will make such public infrastructure improvements at the costs, if any, that Seller will incur. Notwithstanding the foregoing, Seller shall continue its work with respect to (i) the extension of Blue Hills Drive, N.E., to the location established by Buyer; and (it) extension of Tinker Creek Greenway to Mason Mill Park. SECTION 18. 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 -553 -2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -1213 If to Buyer: Deschutes Brewery Inc. ATTN: CEO 901 SW Simpson Avenue Bend, Oregon 97702 With a Copy to: Kamopp Petersen LLP ATTN: Jon J. Napier 360 SW Bond Street, Suite 400 Bend, Oregon 97702 Notice shall be deemed delivered on the date of personal service, five days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. 16 DRAFT DATE June 11. 2018 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 on the parties hereto and their respective successors and permitted 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 panics 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 rate 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. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement shall not be impaired. 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 tetra or condition of this Contract or any party's waiver of any particular breach of this Contract by any other 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 as's'erting 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. 17 DRAFT DATE June 11, 2018 SECTION 28. NONDISCRIMINATION. In performing Buyer's Post - Closing Covenants: 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 a bona fide occupational qualification reasonably necessary to the normal operation of Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting 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. SECTION 29. 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 22- 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 of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer agrees not to allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time before the date the Promissory Note is paid in full, and to promptly cure any such lapse, revocation or cancellation following notice from Seller. It shall be a condition of Seller's closing obligations under Section 7 above that Buyer not be in breach of this Section 29. SECTION 30. APPROPRIATION OF FUNDS. All obligations or fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. The City Manager shall include funding for the Seller's obligations under this Agreement in each annual budget proposed by the City Manager. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract, Seller shall provide Buyer with written notice of such unavailability of funding. Without limitation, and for avoidance of any doubt, Buyer shall not be obligated to sell the Property to Seller pursuant to the terms of Section 16 of this Agreement or any other provision of this Agreement if Seller fails or is unable to pay Buyer the purchase price for the Property, in which event Seller will be deemed to have elected not to purchase the Property. 18 DRAFT DATE June 11, 2018 SECTION 31. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, 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 Buyer's lack of funds shall not be deemed to be a reason beyond Buyer'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 (1) delay caused by any such occurrence shall not be deemed to last longer than six (6) 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 such occurrence. Notwithstanding anything else set forth above, after a total of twelve (12) 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 32. 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 parties. SECTION 33. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, the parties agree and submit themselves to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agree that 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. Each party further waives and agrees not to assert in any such action, suit or proceeding, that the party 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. SIGNATURE PAGE TO FOLLOW 19 DRAFT DATE Jute 11, 2018 IN WITNESS WHEREOF, Buyer and Seller have executed this First Amended and Restated Contract by their authorized representatives effective as of the Effective Date. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk Robert S. Cowell, Jr., City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit* The foregoing instrument was acknowledged before me this day of June, 2018, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: DESCHUTES BREWERY, INC. on behalf of itself and its subsidiaries and and affiliates that may be created to own and /or operate the Facility Michael LaLonde, President To -Wit The foregoing instrument was acknowledged before me this _day of June, 2018, by Michael LaLonde, President of Deschutes Brewery, Inc., an Oregon Corporation for and on behalf of Deschutes Brewery, Inc. My commission expires: Notary Public SEAL 20 DR AFT DATE June 11. 2018 Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. 21 DRAFT DATE June 11, 2018 EXHIBIT 1 TO FIRST AMENDED AND RESTATED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Legal Description Of Real Property Roanoke Official Tax Map No. 7230101 ALL OF THAT CERTAIN PARCEL OF REAL ESTATE containing 482592 acres, more or less, known (i) as "Tract 1 -A" as shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book 1, Pages 2875 -76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon Tract 1 -A (49.417 Acres) and Tract H (17.482 Acres) and Dedicating a 5.959 AC. Parcel for the Right -of -Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right -of -Way of Mason Mill Road, N.E.. ", prepared by Lumsden Associates, P.C., dated March 7, 2006, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Map Book 1, Page 2966; as amended by (ii) the dedication of 1.1582 acres, more or less, as shown on the plat entitled "Plat of Survey for the City of Roanoke, Tax Parcel #7230101, Creating Tract 1 -A -1 (48.2592 acres), Deed Book 1610, Page 205, Map Book 1, Page 2966, Dedicating hereon 200' Right of Way 1.1582 acres for Blue Hills Drive, NE; a 15' public utility easement, 0.2290 acres, along newly dedicated right of way; and 20' storm drainage easements totaling 3151 square feet; and a temporary construction easement of 1.2021 acres, situated at 2002 Blue Hills Drive, N.E., Roanoke, Virginia," prepared by Hurt & Proffitt, Inc., dated April 30, 2018, and recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia as Instrument No. 180003952 ( "Right of Way and Easement Dedication Plat') and known as Roanoke Official Tax Map No. 7230101. Being the same property conveyed to the City of Roanoke, Virginia, by the following deeds: (1) Deed dated October 2, 1989, from Anderson Wade Douthat, III, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1610, Page 205, (2) Deed of Correction dated October 3, 1989, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann Scott Douthat, and Anderson Wade Douthat, 111, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1612, Page 1 155, and (3) Deed dated June, 22, 1990, from Nancy D. Goss and L.W. Goss, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1624, Page 1883. 22 DRAFT DATE June 11, 2018 ROANOKE OFFICIAL TAX MAP NO. 7170509 BEGINNING at an old iron pin in the southeasterly comer of a tract formerly belonging to Clement D. Johnston and later to Anderson Wade Douthat as depicted on that Plat of Subdivision for John D. and Opal D. Ferris by Kyle D. Austin dated August 20, 1988, of record in the Roanoke City Circuit Court Clerk's Office in Map Book 1, at page 766 and now having Roanoke City Official No. 7230101; thence along an old wire fence S. 25 dogs. 00' 37" E. 173.0 feet to an old iron pin on the northerly side of Old Mason Mill Road, N.E. (formerly Monticello Blvd.); thence the following three courses and distances with Old Mason Mill Road, N.E.: S. 56 degs. 55' 26" W. 59.17 feet to an iron pin; thence S. 51 degs. 35' 44" W. 73.55 feet to an iron pin; thence S. 49 degs. 33' 25" W. 95.15 feet to an iron pin at a common comer with Lot 1, as set forth on the aforesaid Plat in Map Book I, at page 766; thence with Lot I, N. 22 degs. 02' 39" W. 234.09 feet to an old iron pin; thence with an old wire fence N. 67 degs. 46' 00" E. 210 feet to an old iron pin at the place of BEGINNING, and being Lot 2, containing 0.989 acre as set forth on plat of survey made by Ronald R. Clark, Land Surveyor, for Richard E. Beverly, dated July 31, 2002, a copy of which is recorded in the Clerk's Office of the Roanoke City Circuit Court, as Instrument No. 020014263, and made a par[ hereof; and BEING the same property conveyed to the City of Roanoke, Virginia by deed dated December 28, 2016 from Richard E. Beverly, of record in the Clerk's Office of the Roanoke City Circuit Court, as Instrument No. 160013442. SUBJECT TO that Lease Agreement, as amended, between the City of Roanoke, Virginia and Richard E. Beverly and Cassie M. Beverly dated December 28, 2016 for 2410 Mason Mill Road, N.E., Roanoke, Virginia. The term of this Lease commenced on December 29, 2016, and ends on July 31, 2018. 23 DRAFT DATE June 11, 2018 ROANOKE OFFICIAL TAX MAP NQ 7170505 Lot 1, containing 1.062 acres, as is shown on Plat of Subdivision for John D. and Opal D. Ferris, dated August 20, 1988, made by Martian & Craig, which said plat is recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, in Map Book 1, Page 766, and to which specific reference is hereby made for a more complete description of the property being conveyed herein; and BEING the same property conveyed to the City of Roanoke, Virginia by deed dated November 28, 2017 from Cindy S. Minnick, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 170013206. SUBJECT TO a Life Estate reserved by Cindy S. Minnick on 2402 Mason Mill Road, N.E., Roanoke, Virginia, Official Tax Map No. 7170505 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 170013206. ROANOKE OFFICIAL TAX MAP NO. 7170504 BEGINNING at an iron pin found on the north side of Mason Mill Road, N.E., comer to property now or formerly owned by Robert M. and Debbie M. Callahan; thence with the Callahan line, N. 20 degs. 41' 00" W. 273.32 feet to an iron pin found, comer to property now or formerly owned by the City of Roanoke; thence with the City of Roanoke line, N. 67 degs. 42' 40" E. 190.71 feet to an iron pin found, comer to property now or formerly owned by L. C. and C. S. Minnick; thence with the Minnick line, S. 23 degs. 40' 11" E. 272.79 feet, passing an iron pin found at 267.69 feet, to a point on the north side of Mason Mill Road, N.E.; thence with the north side of Mason Mill Road, N.E., S. 67 dogs. 34' 14" W. 204.95 feet to an iron pin found, the point of BEGINNING, and containing 1.240 acres, as more particularly shown on a plat of survey dated January 29, 2007, prepared by Clark Surveying, a copy of which is recorded with Instrument No. 070001777;and BEING the same property conveyed to the City of Roanoke, Virginia by decd dated November 28, 2017 from Cindy S. Minnick, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 170013206, SUBJECT TO a Life Estate reserved by Cindy S. Minnick 2320 Mason Mill Road, N.E., Roanoke, Virginia, Official Tax Map No. 7170504 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 170013206. 24 DRAFT DATE June 11, 2018 EXHIBIT I -A TO FIRST AMENDED AND RESTATED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY RIGHT OF WAY AND EASEMENT DEDICATION PLAT 25 I IT 0 U w 00 W h h � w�U > 'C 0 a /mi# /Flm tat �s 0 U w 00 W h h � w�U > 'C 0 a /mi# /Flm tat oelaI 'A' oil "A, k. O ti U W � o N W a W�U Q 2 Z Aim � lu` wnI w<< ry oil "A, k. O ti U W � o N W a W�U Q 2 Z Aim � lu` wnI w<< ry DRAFT DATE June 11, 2018 EXHIBIT 1 -B TO FIRST AMENDED AND RESTATED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY GREENWAY EASEMENT RESERVATION 26 MI: ci. EE E rAOOCe SU TNS b IG CFAnEY THAT HE PkaPERC SHOWN xFFEON Is A PapnoN aE THE End Ec d PROPE11 AGGmRE1 PH TIE CT+ OF RGANITIF Rr 9F£G, HEC'JHN N In DEED H NroM EGON IGIC PAGE 205. WNI H IS THE IAS! INSTRUMENT IN THE CHNN OE TITLE TG 1, la HF SA10 PROPERTY Rd Ell Ra - o-T "'� __ . - - -. eawc owe A 2SEY GATE TY MY h n [somG ner FEE Vd— Ed- (OeIn #]7i o lov YYJ'T 02 ' ICE. wr151w3szrz. Boswoc <JI -" —71 M d. I, Pq 2811 -10 Y� „-EM QaermmY im4 Eamnl '/T CZy OT Nbma�r (2025 k� ^) Toe p12J01G1 RI e M4x Gdl i 5 pP/I o a R< �a R o Gme eR T q Tan' al5m Gr w —. J _y gienv Ts PIET WTdr Zrt.mmt Per M E I, PO 1167 vp AEP To—eo. TI To'IR PI SJS o 25o soc __ _ _ Pmht —WH Oti R59, PIT 354 SCAE N FEES _ — — —_ - -__ Rephin... �m sTD Eo•iV[A epA` Oc SORV_°' FOR TFF OPP OF RG0.YONE TAX PARCEL / 7230101 TRACT 1 —A -1 (49.2582 ACRES) OEOICAnxG RERION �'., °.... .. H' OItt OF ROANOKE, VA G REEHWPY TRAIL LEPSEMENT 301]151J00Y SpFZ NOp 00 CIE. 14 9AT NB. 1, Pg 240E (Plot) El It IN dJ A`GO FwemeE I52!. p (PIm) I '. I -El Els2 48 2592 A T -n1„ TY 1 - [somG ner MA oN MLLE NO NE a "TM � ) �/T J ,reer Y TI [aeemen. vp AEP To—eo. TI To'IR PI SJS o 25o soc __ _ _ Pmht —WH Oti R59, PIT 354 SCAE N FEES _ — — —_ - -__ Rephin... �m sTD Eo•iV[A epA` Oc SORV_°' FOR TFF OPP OF RG0.YONE TAX PARCEL / 7230101 TRACT 1 —A -1 (49.2582 ACRES) OEOICAnxG RERION �'., °.... .. H' OItt OF ROANOKE, VA G REEHWPY TRAIL LEPSEMENT 301]151J00Y SpFZ NOp SEEM TABLE e. FWT.6 IfNLIN LA44FM : EQTA CIY.'M C6T�CHOR) 5FA9NG �NIA£ LI 90A9Y sG9RO' z6sr iiGl(]E SD.u4' s 9'2(R' E FBI HER w9uF6RE. VIRGINIA - -- _- TDnTE ME FENNO OFFISH DE THE CIRCUIT L LR' OF THE GIY OF ROANOKE.V 3 MAP WITH THE CERTIFICAME OF ACKNOWLEDGEMENT THFRTO MINI IS RECORD ON _291E AT _CDIGGS P TEE BRENDA S HARLTON ❑.. TYble 1HAi THE Cl OF SUNNI VIRGINIA IS THE FEE SIMPLE OWNER AND PROPRIETOR OF THE LAND SHOWN HEREON_ BEING A ONS' OF THE CAME CONVEYED TO AD `LINE I LENGTH DIRECTION OWNERS BY DEED RATED 0706ER RHA RECORDED IN THE CLERKS OFFICE OF TIE CIRCUIT COURT OF THE CBS OF RWNDEE VIRGINIA IN DEEP BOOK 1610 PAGE II 9Olp 5 5824'24'1 2Q5 MAP BOOK 1 PAGE 2966, INSTRUMENT /180001902 L2 ]'.10fi 5 5118 31' w THE CBS OWNER BY LARNE OF ­LL REGONDA110N 01 THS PUT. GRADS TIE L' 26141 5 20956 E G'EFNWAY HOUL FISEIACNI AS SHOWN PERSON FOR FUEL', USE L4 i 1200C 5 65'500( w THE PIAMNG OR DEDICATION OF THE WJO 5HCVIN T R UN Is 0111 WE FEEL CONSENT EASED ACCORDANCE WITH THE DESIRE OF THE LNOERSGNEO OWNERS As 6 INDIA x N Oo 55" x RE NA RED BY SECO09 152 -2240 THROUGH 152 -COSA 01 THE CODE OF VRGINIA -- (1950) AS AMENDED. AND THE SUBDMSON OPPOSING_ OF THE CITY OF 90ANCIS fi 42]?9 N )18, E VREANIS AS EMERGED. V 9S.t4 BN 2e E W METHESI WHEREOF ARE HEREBY PLACED HF EOIIAVUS 9GNANRF AND SEA - ON THIS DAY IF . 2011 OWNER: AcBP bSEE dv. I THIS UP" OT s ANOKF att uANAGEr, 1 Tws PILL WAS PREPARED WMo T THE BENEFIT OF A � E REPORT AND THEREFORE MAY rvm Acrr= cm D= RSZVGKF WRC1wA e. WDH DL0.5 PLATS CF RECORD OR snow NL ExAOIA FLANGES TAI SUPPOSE 2 THIS PROPERTY YS FAVORED ZONE AS ZONE A5 sxOwN ON Ra00 GOES NOT dE w11HlN A HB.a lm FLOOD N LO xOF I INSURANCE ANE 09 SU Gm0156G, A REVISES DATE OF 09 DIE wsSFEADE MAP REVISED W p E. UT ON 1 BbxG TRAM 1 -A-1 (4K2YJ2 CITY TO NUMRFH TRACT O FAR THIS 64EMEM PUT Su FWE NITAVO CERRFlCAIE ACRES) D� BOOK 1610 PAGE 205 MAP BOOR 1 'ACE P9B6. 115f. �'IBOfMR932 SEtlGnTING A 2 BOOR 6 NET SIA1L Of DO DREENNGEY TRAIL DOCUMENT (22928 ACRES). A. TOE RECERTIFIED OFT FLAT OF A OF UM% ANY FLAT OF OEDII'AERE D06 rv01 CO COUNC OF iC W4 MODELS F SALE Aµ6F OF 6 M[NDOO SAIL ANDOOR C]C C PARSE_ OR TRAG1 OF IANO SHOWN HEREON A IN ADD T B JYK F MUST BE ISO SAID DEED MUST BE REGCROEO 'N 'HE OREF 0` THE AFAR Of 'H FOR THE AN] COUNTY Y ALA3NO DO HEREBY CESI 00 HE BT CORES OF THE ROANOGE. VERDI THE OF THE OIRCIID COUNT DE THE HIT 1 NUMBER NCSIAX PPNCE NOMFER Tl ]GI01 'JF<C 900R Ifilfi PPGE 105, MAF ESP% `PAGE 2966 AFORE NAME µFAN[ NAME 6 $GRUFF 1G THE FOREGOING WRITING TEST THIS. NI WON952 BEEFING SA'L OE 6. THIS BIAS Is THE RESJG OF OR ACTUAL E FLU SU 2VLY PNFGkNM 'N A R_ 21 3 ARE SLAV [AVE PERSONALLY APTLARM BEFORE ME AND A,".YNOOLEXED REELECTS FIFO CONDITIONS PRISE, AS INIT TML THE CAME RUSH UNDER MY POD LAID SEAT ON ] PROPERTY ADGREDS CS02 FOE HILLS ERNE NE REFUND, IRGNA 240Oi HIS JAY OF I CANNER ADDRESS'. PD- BDX 141 aEORG E'11111A 24117 HE ANY PFBI C 9. SLAV :L oIAGES OF BVRIAI NOT FOUND DURING TIME OF FIELD EFFECT. MY COMMISSION E#'1R5 ® NTSt vv - EASEMERM SNEER DRAFT DATE June 11, 2018 EXHIBIT 2 TO FIRST AMENDED AND RESTATED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Notice of Suspension of Commonwealth's Development Opportunity Fund Grant dated May 7, 2018 27 Virginia May 7, 2018 VIRGIN'A ECONOMIC DEVELOPMENT PARTNERSHIP PO. IT, 798 901 rag Cary Uarl Potlwand Virginp PJ410 W 9R 8015455600 — YOSVaAP1y oi9 Mr. Michael LaLonde Chief Executive Officer Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Email: MLaLondeadeschutesbrewery.com City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 Facsimile: 540- 853 -1153 Email: citymgr @roanokeva.gov Attention: City Manager Economic Development Authority of the City of Roanoke, Virginia 117 Church Avenue Roanoke, Virginia 24011 Facsimile: 540- 853 -1213 Email: econdevl a roanokeva.gov Attention: Chair Kamopp Petersen LLP 360 SW Bond Street, Suite 400 Bend, Oregon 97702 Facsimile: 541- 388 -5410 Email: jjn'a karnopp.com Attention: Jon J. Napier City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 464 Roanoke, Virginia 24011 Facsimile: 540 -853 -1221 Email: cityatty'aroanokeva.gov Attention: City Attorney Economic Development Authority of the City of Roanoke, Virginia 37 Campbell Avenue, SW Roanoke, Virginia 24011 Facsimile: 540- 224 -8050 Email: hdarby a glennfeldmann.com Attention: Harwell M. Darby, Jr., Esq. Dear Deschutes Brewery and Roanoke Representatives: Based upon public statements made on April 16, 2018, we understand that Deschutes Brewery, Inc. wishes to adjust the construction timeline for its new brewery in the City of Roanoke, and the performance criteria under the Performance Agreement dated April 20, 2016 for the $3,000,000 Commonwealth's Development Opportunity Fund Grant made for its benefit. Capitalized terms used in this letter will have the meanings set forth in the Performance Agreement. We are sorry to hear this news, but wish to remain supportive of the Company's continuing efforts to bring its east coast brewery to Roanoke. We understand that the Economic Development Authority of the City of Roanoke has been holding all $3,000,000 of the COF Grant proceeds. In accordance with the provisions of Section 5(c) of the Performance Agreement, VEDP hereby requests the return to V EDP of all $3,000,000 of the COF Grant proceeds currently held by the Authority. The check should be made payable May 7, 2018 Page Two to Treasurer of Virginia and returned to me at VEDP. Under the Performance Agreement, the check is due to us by August 7, 2018. We will hold $3,000,000 of COF Fund proceeds available to be recommitted for the benefit of the Company, if the Company has acted on a decision to proceed with the development of the Facility as previously described by April 16, 2020, subject to appropriations to the Fund. Such actions might include an application for a building permit for the Facility, or other strong evidence that the Project is moving forward. The amount of proceeds to be made available, and the payout schedule for those proceeds, will be determined by VEDP, in consultation with the Locality and the Authority, based on the Company's revised Targets for Capital Investment and New Jobs, using V SDP's return -on- investment analysis and an understanding of the revenues to the Commonwealth to be generated by the Facility. If it appears from future statements that the Company has ceased all plans for the Facility, we will cease to hold the funds in suspension. For so long as the funds are in suspension, we will hold the existing Performance Agreement in suspension, subject to amendment once the new Targets and other terms and conditions have been approved by the Locality, the Authority, the Company and VEDP. VEDP understands that the Company and the Locality are agreeable to setting a deadline of August 31, 2019, for the date by which such an amendment is approved by the Locality, the Authority, the Company and VEDP. We regret that we must take this step, but to be good stewards of the funds of the taxpayers of the Commonwealth, we must do so. We want the Company to grow, succeed and prosper in Virginia and we hope that you will agree that we have been good partners with the Company and with Roanoke. Please call me if you wish to discuss this matter. Very truly yours, lea Scott E. Parsons Vice President, Incentives DRAFT DATE June 11, 2015 EXHIBIT 3 TO FIRST AMENDED AND RESTATED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Deed of Trust Form 28 Draft June 11, 2018 Prepared by: Laura M Canni Assistant City Attorney V SB 983716 Once of the City Auomey Noel C. Taylor Municipal Building 215 Clutch Avenua S w_ Bourn 464 Roanoke, VA 24011 Tax Map Nos. 7230101, 7170509, 7170505, 71705tH DEED OF TRUST THIS DEED OF TRUST is made and entered into this day of June, 2018 ( "Effective Date "), by and among [DESCHUTES BREWERY SUBSIDIARY] ( "Grantor "), whose mailing address is 901 SW Simpson Avenue, Bend, Oregon 97702; DANIEL L CALLAGHAN, ESQ. and DAVID L. COLLINS, ESQ., Trustees, residents of the City of Roanoke, Virginia, whose addresses are Roanoke City Attorney's Office, Room 464, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, (-Trustees"), (Grantee for purposes of indexing); and the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, (`Beneficiary" or "City "), whose address is Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. 1178 111111 161 WHEREAS, Grantor, as Buyer, and Beneficiary, as Seller, entered into a First Amended and Restated Contract for Purchase and Sale of Real Property dated June , 2018 ( "Contract "), a copy of the Contract is attached to the below referenced Deed as Exhibit A and which Deed is recorded as indicated below, for the sale by City to Grantor of those certain lots or parcels of land, with all improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Roanoke, Virginia, more particularly described in Schedule A, attached hereto and made a part hereof, and commonly known as (i) Roanoke Official Tax Map No. 7230101, known as 2002 Blue Hills Drive, N.E., Roanoke, Virginia, (ii) Roanoke City Tax No. 7170509, 2410 Mason Mill Road, N.E., Roanoke, Virginia; (iii) Roanoke City Tax No. 7170505, 2402 Mason Mill Road, N.E., Roanoke, Virginia; and (iv) Roanoke City Tax No. 7170504, 2320 Mason Mill Road, N.E., Roanoke, Virginia (together, such properties are collectively the "Real Property "); WHEREAS, Grantor acquired the Real Property from Beneficiary by deed of Beneficiary dated June _, 2018, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke as Instrument No. on _ ( "Deed "); WHEREAS, pursuant to the Contract, Grantor has an obligation to pay City the amount of up to $1,082,140 in accordance with the terms of the Contract (hereinafter, the "Reimbursement Amount" and as further defined and described in the Contract) as required by the terms of the Contract; and Deed of Trust Draft June 11, 2018 WHEREAS, Grantor desires to convey this Deed of Trust unto the Trustees as Security for Grantor's obligation to pay the Reimbursement Amount (as defined and described in the Contract), as required by the terms of the Contract. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of Ten and no /100 Dollars ($10.00), the mutual agreements contained herein, the above recitals which are incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to secure the Obligations (as that term is defined below), the Grantor does hereby GRANT and CONVEY, by General Warranty with English covenants of Title, unto the Grantee, as Trustees, with the power of sale, the Real Property. TOGETHER WITH all buildings, improvements, and fixtures (subject to the limitations below in this paragraph) now or hereafter erected thereon, and also together with all easements relating to the Real Property, as well as any unearned hazard insurance premium with respect to such property, all of which are hereby pledged, assigned, transferred and set over unto the Trustees, whether now due or hereafter to become due. All of the foregoing realty and personalty are hereafter sometimes referred to collectively as the "Property." Notwithstanding any of the foregoing or any other provision of this Deed of Trust, and without limitation, the Property specifically excludes: (i) any and all process manufacturing equipment and trade fixtures; and (ii) regardless of whether permanently affixed to the Real Property, the following equipment and fixtures: water filters, kettles, fermentation tanks, brite tanks and other tanks, hot water heaters, HVAC specific to creating a fermentation environment, bottling and packaging lines, cold storage facilities, and all other brewing, bottling, packaging, storage and manufacturing equipment and fixtures and related infrastructure (collectively, the "Excluded Assets "). The Excluded Assets are not a part of the Property and will not constitute collateral for any of the Obligations (as that term is defined below). AND, as additional security for the payment obligations of Grantor set forth in the Contract as Security for Reimbursement Amount (as defined and described in the Contract) and the payment and performance of Grantor's obligations set forth in this Deed of Trust (collectively, the "Obligations "), the Grantor hereby transfers, sets over, and assigns to the Trustees all judgments, awards of damages, settlements and compensation made in connection with or in lieu of a) any taking of the Real Property by or under assertion of the power of eminent domain, b) any damage to or destruction of the Real Property by insured casualty, and c) any other injury or damages to the Real Property. The Trustees are authorized and empowered (but not required) to collect and receive any such sums and, if collected and received, shall apply such sums in whole or in part to the reduction of the payment and performance of the Obligations. IN TRUST for the benefit of the City of Roanoke, Virginia as beneficiary to secure the Beneficiary, its successors and assigns, the payment and performance of the Obligations. The parties agree that all capitalized terms not defined in this Deed of Trust shall have the meanings ascribed to such terms as set forth in the Contract; a copy of the Contract is attached to the above referenced Deed as Exhibit A. This Deed of Trust is made and shall be construed in accordance with and under the provisions of Sections 55 -59, 55 -59.1 through 55 -59.4 and 55 -60, of the Code of Virginia (1950), as amended. This Deed of Trust shall be governed by the laws of Deed ofTrusl Draft June 11. 2018 the Commonwealth of Virginia, with venue being in a state court of competent jurisdiction in the City of Roanoke, Virginia. A "Material Default" shall exist if Grantor: (i) fails to pay any amount due and payable for the Reimbursement Amount under the Contract (as defined and described in the Contract) or this Deed of Trust within thirty (30) days of Grantor's receipt of written notice from Beneficiary specifying the payment default; or (ii) breaches any of Grantors obligations under this Deed of Trust (excluding any payment obligations), and fails to cure such breach within 30 days after receipt of written notice from Beneficiary specifying the nature of the breach with reasonable particularity, provided that if the breach is of such a nature that it cannot be completely remedied within the 30 -day period, this provision shall be complied with and a "Material Default" shall not exist if Grantor begins correction of the breach within the 30 -day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. If a Material Default exists, then, to the extent permitted by applicable law under the power of sale, the Beneficiary may, at its option, direct Trustees to take possession of all or any portion of the Property and proceed to sell the same as a whole or in pans or parcels, at public auction, for cash or credit, upon reasonable and appropriate terns, and to have Trustees take any or all other actions set forth herein. To the extent permitted by applicable law, Grantor consents that such sale may be made of the Property as a whole or in parcels, as Trustees, in their reasonable discretion, may determine, and Grantor further consents that the sale may be on or off the Real Property. The sale by Trustees of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustees are specifically empowered to make a successive sale or sales under such power until the whole of the Property shall be sold; and, if the proceeds of such sale of less than the whole of the Property shall be less than the amount necessary to satisfy the payment obligations of Grantor to Beneficiary secured by this Decd of Trust and the expense of executing this Deed of Trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that Grantor shall never have any right to require the sale of less than the whole of the Property but Beneficiary shall have the right, at its sole election, to request Trustees to sell less than the whole of the Property. The power of sale granted herein shall not be exhausted by any sale held hereunder by Trustees or the Trustees' substitute or successor, and such power of sale may be exercised from time to time and as many times as Beneficiary may deem necessary until all of the Property has been duly sold and any amount owing by Grantor to Beneficiary under the Contract for the Reimbursement Amount (as defined and described in the Contract) or this Deed of Trust has been fitlly paid. Grantor represents and warrants that Grantor has title to the Real Property in fee simple as conveyed by Beneficiary to Grantor, and has good right and power to convey the Real Property. During the time period that any balance remains outstanding under the Contract for the Reimbursement Amount (as defined and described in the Contract), Grantor further covenants and agrees, subject to the terms of the life estate granted by Beneficiary to Cindy S. Minnick with respect to a portion of the Property and the Lease Agreement between Beneficiary and Richard E. Beverly and Cassie M. Beverly dated December 28, 2016, for another portion of the Property (as both are described in the Contract), as follows: (1) Grantor shall fully and promptly pay and perform all of Grantor's obligations arising under this Deed of Trust when such performance is due. Deed of Tmq Draft June 11, 2018 (2) Grantor also shall pay, when due, all claims of every kind and nature which might or could become a lien on the property or any part hereof having priority over the lien of this Deed of Trust, and Grantor shall not at any time create or allow to exist any lien on the Real Property having priority over the lien of this Deed of Trust other than those specifically approved by Beneficiary; provided, however, that the following are excepted from the foregoing: (a) Permitted Encumbrances; (b) liens for taxes, assessments and other obligations which are not delinquent although by law are given the status of a lien; and (c) such of the claims in subsection (b) above during the time they are being contested by Grantor in good faith and by appropriate legal proceedings, but Grantor shall post such security for the payment of such contested claims as is requested by Beneficiary. (3) Grantor will keep the Property in good repair and condition, reasonable wear and tear excepted, and will not commit or permit any waste of the Real Property; provided that, without limitation, the foregoing shall not prevent or restrict Grantor from developing the Facility or undertaking activities on the Real Property in connection therewith. Grantor shall comply with all applicable laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property, and not suffer or permit any material violations thereof. (4) (a) Beneficiary and its agents may make reasonable entries upon and inspections of the Property on not less than two (2) working days prior written notice to Grantor and specifying reasonable cause for the inspection. To the extent permitted by law, and without waiving the defense of sovereign immunity, Beneficiary shall be responsible for its own negligence while on the Property under this provision. Beneficiary shall require any independent contractor entering the Property for or on behalf of Beneficiary to have adequate liability insurance that includes an indemnity for the benefit of Beneficiary and Grantor to hold Beneficiary and Grantor harmless from acts and omissions of such independent contractor while on the Property in connection with any inspection conducted hereunder. (b) The right of inspection provided for in Section 4 (a) above in no way limits the Beneficiary, in its capacity as a municipal corporation, to regulate and enforce all applicable land use and development regulations, including building codes, fire and safety codes, and all other applicable land use and development laws, ordinances, and regulations applicable to the Property and enforceable by the City. (5) Grantor shall maintain insurance for the full replacement cost of any improvements on the Real Property. (6) Grantor shall pay, when due, all taxes and assessments, both general and special, ground rents, fines, penalties, impositions, levies, dues and charges of every type or nature levied upon or assessed against the Real Property, including any personal property included thereon, and shall annually provide to Beneficiary, Decd of Trust Draft June 11. 2018 promptly following Beneficiary's request, evidence that all such payments have been paid when due. (7) Except with respect to a foreclosure as hereinafter provided (in which event, Beneficiary shall be entitled to recover its reasonable attorneys' fees and expenses), if any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this Deed of Trust, or otherwise in connection with the subject matter of this Deed of Trust, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's fees and other fees, costs, and expenses of every kind directly related to such proceeding, any appeal or petition for review, the collection of any award, or the enforcement of any order, as determined by the presiding officials or court, as applicable. In the event of foreclosure hereunder, Beneficiary must give Grantor at least fourteen (14) days' written notice by certified or registered mail at Grantor's last known address prior to any sale. If Trustees are directed by Beneficiary to institute foreclosure hereunder, public advertising has commenced, and the Property is redeemed by the makers or endorsers hereof prior to sale, then Trustees shall be entitled to any actual reasonable out -of- pocket costs or expenses incurred by Trustees in connection with such foreclosure, including reasonable attorneys' fees and expenses. In the event of redemption by Grantor, the Trustees shall not be entitled to any commission. In the event of a sale at foreclosure, the Trustees shall be entitled to a commission of three (3 %) percent of the gross sales price, in addition to recovery of the Trustees' actual reasonable out- of-pocket expenses or costs, including reasonable attorneys' fees - and expenses. If a Material Default exists-, it shall be the duty of Trustees, upon written request of Beneficiary, to sell the Real Property herein conveyed at public auction in the jurisdiction in which the Real Property lies. But before executing this Deed of Trust, Trustees shall give notice of the time, place and terms of sale by advertisement in a newspaper of general circulation in such jurisdiction once per week for two consecutive weeks, and by such other advertisement as Trustees deem fit. If Grantor fails to perform any of the covenants and agreements contained in this Deed of Trust or defaults on any deed of trust or similar instrument to which this Deed of Trust is subordinated, or any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, the failure to pay delinquent taxes or insurance premiums, or the commencement of a proceeding in eminent domain, insolvency, code enforcement or arrangements or proceedings involving bankruptcy by Grantor, then Beneficiary, at Beneficiary's option and with reasonable advance notice to Grantor, may make such appearances, disburse such sums and take such actions as are reasonable to protect Beneficiary's interest, including but not limited to payment of delinquent taxes or insurance premiums, disbursements of reasonable attorney's fees and entry upon the Real Property to make repairs or to secure the same against unauthorized entry and the elements. Decd of Trutt Draft June 11, 2018 Any amounts disbursed by Beneficiary pursuant to the preceding paragraph shall become additional indebtedness- of Grantor secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, such amounts shall be due and payable on Beneficiary's written demand to Grantor, and shall bear interest from the date of disbursement at the lesser of nine percent (9 %) per annum or the then highest jurisdictional rate applied by Virginia Court. Any forbearance by Beneficiary in exercising any right or remedy hereunder or otherwise available by applicable law, shall not be a waiver of or preclude the subsequent exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary pursuant to the terms of this Deed of Trust shall not be a waiver of any right by Beneficiary to accelerate the maturity of the indebtedness secured by this Deed of Trust. Except as otherwise provided in this Deed of Trust with respect to the right of the Beneficiary to change or replace Trustees, Beneficiary may not assign or transfer all or any part of its rights under this Deed of Trust without the prior written consent of Grantor, which consent Grantor may withhold in Grantor's sole discretion. Grantor shall not sell, convey, transfer or dispose of the Real Property, without first obtaining the written consent of Beneficiary, which consent shall not be unreasonably withheld or delayed. Consent to one such transaction shall not be deemed to be a waiver of the right to require such consent to future or successive transaction. Grantor reserves the right to place subordinate deeds of must and encumbrances on the Property without securing consent from Beneficiary. The covenants and agreements contained herein shall bind, and the rights hereunder shall inure to, the respective authorized successors and assigns of Beneficiary and the respective authorized successors and assigns of Grantor. Beneficiary has that power and shall be entitled to, in its sole discretion and without cause, successively to remove Trustees, or any successor Trustee, and to appoint another Trustee or Trustees in the place and stead of Trustees or any successor Trustee, by written instrument duly recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, any such successor Trustee shall have the same title, authority, and power as the original Trustees herein named. The authority, power, and discretion hereinabove granted to the Trustees may be exercised by any of them, without the other, with the same effect as if exercised jointly by all of them. Within 30 days after the earliest to occur of. (i) full payment or full satisfaction of any and all payment obligations of Grantor set forth in the Contract for the Reimbursement Amount (as defined and described in the Contract) and this Deed of Trust; (it) the date that Grantor is no longer obligated under the Contract to provide any Security for Reimbursement Amount; or (iii) the date a new Security for Reimbursement Amount is substituted for this Deed of Trust pursuant to the terms of the Contract; Beneficiary must cause Trustees to release this Deed of Trust. Within 10 days after Beneficiary delivers the written request to release this Deed of Trust to Trustees, Trustees must release this Deed of Trust and record the release in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. 6 Deed of I rust Draft June 11, 2018 Time is of the essence with respect to this Deed of Trust. NOTICE —THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF ANY SALE, REFINANCE OR CONVEYANCE OF THE PROPERTY SECURED HEREBY. WITNESS the following signature of the duly authorized officer and seal effective as of the Effective Date: STATE OF OF Grantor: [DESCHUTES BREWERY SUBSIDIARY] Printed Title: To -wit The foregoing instrument was acknowledged before me this day of June 2018, by of [Deschutes Brewery Subsidiary, for and on behalf of Deschutes Brewery Subsidiary] My commission expires: Notary Public Deed of Tmst SEAL Draft June 11, 2018 Trustees: Printed Name: Daniel J. Callaghan, Esq. (SEAL) Printed Name: David L. Collins, Esq. COMMONWEALTH OF VIRGINIA: To -wit CITY OF ROANOKE: The foregoing instrument was acknowledged before me this day of June, 2018, by Daniel J. Callaghan, Esq. Trustee. My commission expires: Notary Public COMMONWEALTH OF VIRGINIA: To -wit: CITY OF ROANOKE: SEAL The foregoing instrument was acknowledged before me this day of June, 2018, by David L. Collins, Esq. Trustee. My commission expires: Notary Public Deed of Trutt 9SF\4 Draft June 11, 2018 Beneficiary: CITY OF ROANOKE, VIRGINIA, Virginia municipal corporation Robert S. Cowell, Jr., City Manager COMMONWEALTH OF VIRGINIA: To -wit CITY OF ROANOKE: The foregoing instrument was acknowledged before me this day of June, 2018, by Robert S. Cowell, Jr., the City Manager of the City of Roanoke, Virginia, for and on behalf of the City of Roanoke, Virginia. My commission expires: Notary Public Deed of Trust SEAL Draft June 11, 2018 SCHEDULE A TO DEED OF TRUST CONVEYED BY [DESCHUTES BREWERY SUBSIDIARY.] WKIMM-11 104131W Imeffolall M10911019 "146111 ROANOKE OFFICIAL TAX MAP NO. 7230101 ALL OF THAT CERTAIN PARCEL OF REAL ESTATE containing 48.2592 acres, more or less, known as (i) "Tract 1 -A" as shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book 1, Pages 2875 -76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon Tract 1 -A (49.417 Acres) and Tract H (17.482 Acres) and Dedicating a 5.959 AC. Parcel for the Right -of -Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right -of -Way of Mason Mill Road, N.E. ", prepared by Lumsden Associates, P.C., dated March 7, 2006, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Map Book 1, Page 2966; as amended by (it) the dedication of L 1582 acres, more or less, as shown on the plat entitled "Plat of Survey for the City of Roanoke, Tax Parcel #7230101, Creating Tract 1 -A -1 (48.2592 acres), Deed Book 1610, Page 205, Map Book 1, Page 2966, Dedicating hereon 200' Right of Way 1.1582 acres for Blue Hills Drive, NE; a 15' public utility easement, 0.2290 acres. along newly dedicated right of way; and 20' storm drainage easements totaling 3151 square feet; and a temporary construction easement of 1.2021 acres, situated at 2002 Blue Hills Drive, N.E., Roanoke, Virginia," prepared by Hurt & Proffitt, Inc., dated April 30, 2018, and recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia as Instrument No. 180003952 ( "Right of Way and Easement Dedication Plat ") and known as Roanoke Official Tax Map No. 7230101. Being the same property conveyed to the City of Roanoke, Virginia, by the following deeds: (l) Deed dated October 2, 1989, from Anderson Wade Douthat, III, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1610, Page 205, (2) Deed of Correction dated October 3, 1989, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann Scott Douthat, and Anderson Wade Douthat, III, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1612, Page 1155, and (3) Deed dated June, 22, 1990, from Nancy D. Goss and L.W. Goss, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1624, Page 1883. 10 heed of Trust Draft June 11, 2018 ROANOKE OFFICIAL TAX MAP NO. 7170509 BEGINNING at an old iron pin in the southeasterly comer of a tract formerly belonging to Clement D. Johnston and later to Anderson Wade Douthat as depicted on that Plat of Subdivision for John D. and Opal D. Ferris by Kyle D. Austin dated August 20, 1988, of record in the Roanoke City Circuit Court Clerk's Office in Map Book 1, at page 766 and now having Roanoke City Official No. 7230101; thence along an old wire fence S. 25 degs. 00' 37" E. 173.0 feet to an old iron pin on the northerly side of Old Mason Mill Road, N.E. (formerly Monticello Blvd.); thence the following three courses and distances with Old Mason Mill Road, N.E.: S. 56 degs. 55' 26" W. 59.17 feet to an iron pin; thence S. 51 degs. 35' 44" W. 73.55 feet to an iron pin; thence S. 49 degs_ 33' 25" W. 95.15 feet to an iron pin at a common corner with Lot 1, as set forth on the aforesaid Plat in Map Book 1, at page 766; thence with Lot 1, N. 22 degs. 02' 39" W. 234.09 feet to an old iron pim thence with an old wire fence N. 67 degs. 46' 00" E. 210 feet to an old iron pin at the place of BEGINNING, and being Lot 2, containing 0.989 acre as set forth on plat of survey made by Ronald R. Clark, Land Surveyor, for Richard E. Beverly, dated July 31, 2002, a copy of which is recorded in the Clerk's Office of the Roanoke City Circuit Court, as Instrument No. 020014263, and made a part hereof; and BEING the same property conveyed to the City of Roanoke, Virginia by deed dated December 28, 2016 from Richard E. Beverly, of record in the Clerk's Off-ice of the Roanoke City Circuit Court, as Instrument No. 160013442. SUBJECT TO a Lease Agreement, as amended, between the City of Roanoke, Virginia and Richard E. Beverly and Cassie M. Beverly dated December 28, 2016 for 2410 Mason Mill Road, N.E., Roanoke, Virginia. The term of this Lease commenced on December 29, 2016, and ends on July 31, 2018. Deed of Trust Draft June It, 2018 ROANOKE OFFICIAL TAX MAP NO. 7170505 Lot 1, containing 1.062 acres, as is shown on Plat of Subdivision for John D. and Opal D. Ferris, dated August 20, 1988, made by Mattern & Craig, which said plat is recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, in Map Book 1, Page 766, and to which specific reference is hereby made for a more complete description of the property being conveyed herein; and BEING the same property conveyed to the City of Roanoke, Virginia by deed dated November 28, 2017 from Cindy S. Minnick, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 170013206. SUBJECT TO a Life Estate reserved by Cindy S. Minnick on 2402 Mason Mill Road, N.E., Roanoke, Virginia, Official Tax Map No. 7170505 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 1 700 13 206. ROANOKE OFFICIAL TAX MAP NO. 7170504 BEGINNING at an iron pin found on the north side of Mason Mill Road, N.E., comer to property now or formerly owned by Robert M. and Debbie M. Callahan; thence with the Callahan line, N. 20 degs. 41' 00" W. 273.32 feet to an iron pin found, comer to property now or formerly owned by the City of Roanoke; thence with the City of Roanoke line, N. 67 degs. 42' 40" E. 190J1 feet to an iron pin found, comer to property now or formerly owned by L. C. and C. S. Minnick; thence with the Minnick line, S. 23 degs. 40' 11" E. 272.79 feet, passing an iron pin found at 267.69 feet, to a point on the north side of Mason Mill Road, N.E.; thence with the north side of Mason Mill Road, NP., S. 67 degs. 34' 14" W. 204.95 feet to an iron pin found, the point of BEGINNING, and containing 1.240 acres, as more particularly shown on a plat of survey dated January 29, 2007, prepared by Clark Surveying, a copy of which is recorded with Instrument No. 070001777;and BEING the same property conveyed to the City of Roanoke, Virginia by deed dated November 28, 2017 from Cindy S. Minnick, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 170013206. SUBJECT TO a Life Estate reserved by Cindy S. Minnick 0 Mason Mill Road, N.E., Roanoke, Virginia, Official Tax Map No. 7170504 pursuant to Deed from Cindy S. Minnick to the City of Roanoke, Virginia dated November 28, 2017, recorded on November 28, 2017, in the Clerk's Office of the Roanoke City Circuit Court as Instrument No. 170013206. l2 Deed of Trust DRAFT DATE June 11, 2018 EXHIBIT 4 TO FIRST AMENDED AND RESTATED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Letter of Credit Form 29 Draft June 11, 2018 FORM OF IRREVOCABLE LETTER OF CREDIT [Bank Letterhead] 2018 Irrevocable Standby Letter of Credit Letter of Credit No. Issue Date: , 2018 Expiry Date: Amount: $1,082,140.00 (USD One Million, Eighty Two Thousand, One Hundred Forty and 00 /100) CITY OF ROANOKE, VIRGINIA ROBERT S. COWELL, JR., CITY MANAGER MUNICIPAL BUILDING ROOM 364 215 CHURCH AVENUE, S.W. ROANOKE, VIRGINIA 24011 Dear Mr. Cowell: We hereby issue this irrevocable standby letter of credit for the above amount in the favor of the City of Roanoke, Virginia ( "City "), beneficiary, which is available for payment of the beneficiary's sight drafts drawn on _ Bank bearing the clause, "Drawn under Bank Letter of Credit Number ", accompanied by the following documents: This Letter of Credit and a certified statement signed by the City Manager or other designated City Official of the City of Roanoke, Virginia, certifying that a Recapture Event has occurred under the First Amended and Restated Contract for Purchase and Sale of Real Property by and between Deschutes Brewery, Inc. [and Subsidiary] as "Payers" and the City as "City" or "Holder' dated June , 2018, ( "Contract "), and that the amount of funds requested constitute a Reimbursement Amount under the Contract and are due and payable to the City of Roanoke, Virginia, as a result of the occurrence of such Recapture Event under the terms of the Contract. This irrevocable letter of credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein. This irrevocable letter of credit shall remain in full force until and shall automatically renew itself from year to year thereafter through and until June 30, 2023, unless and until Bank shall give the City ninety (90) days prior written notice by certified mail, return receipt requested if Bank intends to terminate this irrevocable letter of credit prior to [same date as in preceding sentence]. In addition to the City's other rights under this irrevocable letter of credit, during the last fifteen (15) days during which this irrevocable letter of credit is in full force and effect, the City may, unless Deschutes Brewery, Inc., is no longer obligated under the Contract to provide any Security for Reimbursement Amount or has substituted Draft June 11, 2018 a new Security for Reimbursement Amount for this irrevocable letter of credit pursuant to the terms of the Contract, draw up to the full amount available under this irrevocable letter of credit with a draft accompanied by a document certifying that: (i) Deschutes Brewery, Inc., remains obligated to provide Security for Reimbursement Amount under the Contract; (it) Deschutes Brewery, Inc. has not provided an acceptable substitute Security for Reimbursement Amount under the Contract to replace this irrevocable letter of credit; and (iii) the City has previously provided Deschutes with fifteen (15) days advance written notice by certified mail, return receipt requested of the City's intent to draw on this irrevocable letter of credit if Deschutes failed to provide an acceptable substitute Security for Reimbursement Amount under the Contract to replace this irrevocable letter of credit. We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of this letter of credit shall be duly honored if presented together with document(s) as specified and the original of this credit, at our office located at I , Virginia on or before 12:00 noon on the above stated expiry date or any renewal thereof. Except as otherwise expressly stated herein, this letter of credit is subject to the Uniform Customs and practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on the date of issuance of this credit. Sincerely, KIM Signed The Roanoke Times Roanoke, Virginia Affidavit of Publication SHFRMAN M STOVALL ASSISTANT CITY MGR C10 R Brian Tovmsend Assistant Cly Manager b• Con'mun ty Oevelopmeni 455 NOLL C IAYLOR MUNICIPAI HI DC, 215 CHURCH AVENUE SA ROANOKE 1A 24011 Account Number 6017304 Dale June 11, 2018 Date Category Description Ad Size Told l Coot 0511712018 Legal Notices NOTICE Of PUBLIC HEARING Pursuant to the mnwrements 1 c 148 L 744 B8 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the Slate of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 05111 2018 The First insertion being given ... 06111:2018 Newspaper reference: 0000768007 k� 1 B li Ig Representative Sworn to and subscribed before me this Monday, June 11. 2018 ary Publ e NOTA,Y State of Virginia - •h': PUBLIC i) City/County of Roanoke _ 14 EEG. 4332564 My Commission expire 10' My COMM1'i55I0N PIE" +i ' 18 JUN-13 PM :16 'g�7,•� 2� Ly' it I U� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 -18008 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on June 18, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4't Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia, 24011, on a proposed First Amended and Restated Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia (City), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia (Parent), and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the Buyer) (Amended Contract), wherein the City proposes to amend and restate certain terms of the Original Contract to (i) amend the description of the parcel described in the Original Contract to exclude portions of the parcel dedicated to public right of way (Amended Original Parcel); (ii) include certain acquired Adjacent Parcels into the Amended Contract as a part of the Property to be sold to Buyer, (iii) increase the Purchase Price, and (iv) make adjustments to the Buyer's timeline for performance. The City proposes to include certain acquired Adjacent Parcels into the Amended Contract, more particularly described as (i) the real property located at 2410 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170509, and containing approximately 0.9917 acres, together with all improvements thereon; (ii) the real property located at 2402 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170505, and containing approximately 1.0616 acres, together with all improvements thereon; and (iii) the real property located at 0 Mason Mill Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170504, and containing approximately 1.2395 acres, together with all improvements thereon (together such parcels are Adjacent Parcels). The City proposes to sell to Buyer the Adjacent Parcels, together with the Amended Original Parcel (collectively, Property), for the total Contract Purchase Price of $3,205,000, together with other consideration and performance of other obligations by Buyer, for the construction and operation of a brewery and warehouse facility. The sale of the Property will be subject to: (i) a restrictive covenant limiting the use of the Property to manufacturing; (ii) a restrictive covenant preventing the sale or transfer of the Property, or any portion thereof, for 36 months after Closing, without the consent of the City; (iii) a right, but not the obligation, for the City to repurchase the Property at the sale price, at certain deadlines; and (iv) the agreement of Buyer to reimburse the City for any obligation for the federal and state grants for road improvements up to $1,082,140, which agreement will be secured by Buyer granting to the City a deed of trust on the Property or issuing a letter of credit. The parties have agreed to (i) establish a revised development and construction schedule based on Buyer's evaluation of market conditions with such revised performance schedule to be established and accepted by the City on or before March 31, 2019; (ii) eliminate the incentives set forth in the current agreement and permit Buyer to submit a request for incentives on or before March 31, 2019; and (iii) establish a revised approval period schedule based on the Buyer's revised and approved development and construction schedule, with proposed plans to be submitted by August 31, 2020, and construction begin no later than June 30, 2021. Copies of the proposed Amended Contract and the proposed ordinance are available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, June 11, 2018. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above 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 12:00 noon on Thursday, June 14, 2018. Given under my hand this 11th day of June, 2018. Stephanie M. Moon Reynolds, MMC, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, June 11, 2018 Please send Certification /Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk 4's Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853-2541 Please send Invoice to: R. Brian Townsend, Assistant City Manager 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853-2333 ('1l('I!I.IA'1. W4:DD,('M(' June 22, 2018 AW%Hil Depal\'Cil> Clerk Robert S. Cowell, Jr. City Manager Roanoke, Virginia Dear Mr. Cowell: At the regular meeting of the Council of the City of Roanoke held on Monday, June 18, 2018, the City Manager was authorized to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City -owned property situated 3137 Preston Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2100601, such portion as being designated by the City Manager, such authorization to be in a form approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and /or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City -owned property; and the City Manager was authorized to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City -owned property situated 502 19" Street, S. E., Roanoke, Virginia, bearing Official Tax Map No 4310101, such portion as being designated by the City Manager, such authorization to be in a form approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and /or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City -owned property. Sincerely, 4 Stephanie M. Moon Reynolds, MC City Clerk CITY OF ROANOKE 0 OFFICE Or THE CITY CLERK 215 ('hunch Avcnuq S. W., Rnunl456 Roanoke, Virginia 24011 -1536 '1'e1epannc: (540)X53 -2541 l­:(54(l)853-l145 VI't N IANIr:kLMOON RIO'NOI. II \kIM( L ?nmil: cicr ku ii doer,., ('M.('I!I.IA F. M('('O) ' ('ip' ('lerk Depnly ('ill ('le1'k ('1l('I!I.IA'1. W4:DD,('M(' June 22, 2018 AW%Hil Depal\'Cil> Clerk Robert S. Cowell, Jr. City Manager Roanoke, Virginia Dear Mr. Cowell: At the regular meeting of the Council of the City of Roanoke held on Monday, June 18, 2018, the City Manager was authorized to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City -owned property situated 3137 Preston Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2100601, such portion as being designated by the City Manager, such authorization to be in a form approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and /or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City -owned property; and the City Manager was authorized to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City -owned property situated 502 19" Street, S. E., Roanoke, Virginia, bearing Official Tax Map No 4310101, such portion as being designated by the City Manager, such authorization to be in a form approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and /or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City -owned property. Sincerely, 4 Stephanie M. Moon Reynolds, MC City Clerk Robert S. Cowell, Jr. June 22, 2018 Page 2 PC: Daniel J. Callaghan, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Michael Clark, Director, Parks and Recreation MOTION OF FALLON PARK I move that Council authorize the City Manager to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City -owned property situated 502 19ih Street, S.E., Roanoke, Virginia, bearing Official Tax Map No. 4310101, such portion as being designated by the City Manager, such authorization to be in a forth approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and /or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City-owned property. 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InGnnu,innIMO [ ION ON PR I STON PAR K do, 6 IR 1 R MOTION ON PRESTON PARK I move that Council authorize the City Manager to provide authorization to any telecommunication facility or cell tower company to file the appropriate applications under the City's Zoning Ordinance to seek a special exception to construct a telecommunication facility or cell tower on a portion of City-owned property situated 3137 Preston Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2100601, such portion as being designated by the City Manager, such authorization to be in a form approved by the City Attorney, with the express understanding that such authorization, application, and action by the Board of Zoning Appeals are without prejudice or impact on any subsequent action by City Council in considering a lease and /or franchise for the construction and operation of a telecommunications facility or cell tower on such portion of City -owned property. 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