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HomeMy WebLinkAboutCouncil Actions 01-22-19ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 22, 2019 2:00 P.M. CITY COUNCIL CHAMBER AGENDA DAVIS 41354- 012219 1. Call to Order - -Roll Call. Mayor Lea was not present at the 2:00 p.m. Session. The Invocation was delivered by Vice -Mayor Joseph L. Cobb. The Pledge of Allegiance to the Flag of the United States of America was led by Vice -Mayor Cobb. Welcome. Vice -Mayor Cobb. Vice -Mayor welcomed and recognized Council Member Patricia White -Boyd as the Interim Council Member to fill the unexpired term of office of John A. Garland, resigned, ending June 30, 2022. NOTICE: This afternoon's Council meeting will not be televised live; however it will be replayed on RVTV Channel 3 on Friday, January 25 at 7:00 p.m., and Sunday, January 27 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: Board of Zoning Appeals — one vacancy Three -year term of office ending December 31, 2021 1 Building and Fire Code Board of Appeals — one vacancy Building Representative 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: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4. CONSENT AGENDA: (APPROVED 6 -0) All matters listed under the Consent Agenda are considered routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meeting of City Council held on Monday, December 3, 2018. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Clerk advising of the vacancies on the Roanoke Valley- Alleghany Regional Commission, Roanoke Valley - Alleghany Regional Commission Comprehensive Economic Development Strategy Committee, and Roanoke Valley Transportation Planning Organization, due to the resignation of Council Member John A. Garland, effective January 2, 2019. RECOMMENDED ACTION: Received and filed the communication. C -3 A communication from Martha S. Mavredes, CPA, Auditor of Public Accounts, Commonwealth of Virginia, transmitting the Report on Collections of Commonwealth Revenues by Local Constitutional Officers for the Year Ended June 30, 2018. RECOMMENDED ACTION: Received and filed. 2 C -4 Reports of qualification of the following individuals: The Honorable Patricia White -Boyd as an Interim Council Member of the Council of the City of Roanoke, Virginia, to fill the unexpired term of office of John A. Garland ending June 30, 2020; Pamela Smith as a member of the City Planning Commission for a four -year term of office, commencing January 1, 2019, and ending December 31, 2022; Patricia Wilhelms as a member of the Roanoke Arts Commission to fill the unexpired term of office of William Sellari ending June 30, 2020; and Frank C. Martin, III, as a member of the City Planning Commission for a four -year term of office, commencing January 1, 2019, and ending December 31, 2022. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from the Honorable Timothy Allen, City Sheriff, recommending acceptance of the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant from the Bureau of Justice Assistance Office; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 41354 - 012219 and Budget Ordinance No. 41355 - 012219. (6 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 3 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the 2019 Violence Against Women Act (V -STOP) Grant from the Virginia Department of Criminal Justice for the Police Department's existing Domestic Violence Specialist position. Adopted Resolution No. 41356- 012219 and Budget Ordinance No. 41357 - 012219. (6 -0) 2. Acceptance of the 2019 Juvenile Justice and Delinquency Prevention Title II Grant from the Virginia Department of Criminal Justice Services for the Positive Alternatives to School Suspensions (PASS) Project. Adopted Resolution No. 41358- 012219 and Budget Ordinance No. 41359 - 012219. (6 -0) 3. Acceptance of a donation in support of specific police programs. Adopted Resolution No. 41360- 012219 and Budget Ordinance No. 41361- 012219. (6 -0) 4. Acquisition of real property rights in connection with the Sample Avenue /Crown Point Road, S. E., Stormwater Drainage Improvement Project. Adopted Ordinance No. 41362- 012219. (6 -0) 5. Acquisition of real property rights in connection with the Hollowell Avenue, S. W., Stormwater Drainage Improvement Project. Adopted Ordinance No. 41363- 012219. (6 -0) COMMENTS OF THE CITY MANAGER. Solid Waste Collection Schedule City offices were closed on Monday, January 21, in recognition of the Martin Luther King Jr. Day holiday. As a result, all residential /commercial solid waste collection will be delayed one day: • Monday — All solid waste will be collected on Tuesday • Tuesday — All solid waste will be collected on Wednesday • Wednesday — All solid waste will be collected on Thursday Thursday — All solid waste will be collected on Friday For more information, call 853 -2000, Option 1. Annual Point -In -Time Count • On January 23 and 24, the Blue Ridge Interagency Advisory Council on Homelessness will conduct the annual Point -In -Time count. The count is a statistically reliable, unduplicated count of sheltered and unsheltered homeless individuals and families in the area. • This survey is conducted by all jurisdictions in the Commonwealth of Virginia to provide baseline data on the number of homeless individuals living in communities and basic demographic information about the homeless population. • Data collected during the count is critical to effective planning and performance management toward the goal of ending homelessness for each community and for the nation as a whole. The results of the survey will be available to the community on or before April 15. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Vice -Mayor and Members of City Council. Vice -Mayor announced that he and several Members of Council would be attending the Virginia Municipal League Legislative Day on Thursday, January 24, in Richmond, Virginia. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 5 12. RECESSED - 2:23 P. M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 6:30 P.M. IN THE CITY COUNCIL CHAMBER, FOR A SPECIAL MEETING OF GREATER ROANOKE TRANSIT COMPANY STOCKHOLDER, BEING REPRESENTED BY THE CITY COUNCIL, TO DISCUSS, CONSIDER, AND ACT UPON ANY RECOMMENDATIONS OF THE BOARD OF DIRECTORS OF GREATER ROANOKE TRANSIT COMPANY WITH RESPECT TO ACQUISITION OF FOUR PARCELS OF REAL PROPERTY WITHIN THE CITY OF ROANOKE; AND DISPOSITION OF REAL ESTATE OWNED BY GREATER ROANOKE TRANSIT COMPANY, LOCATED IN THE AREA OF SALEM AVENUE AND CAMPBELL AVENUE, S. W., GENERALLY KNOWN AS CAMPBELL COURT. 13. RECONVENED - 6:37 P. M. THE COUNCIL MEETING WAS RECONVENED IN THE COUNCIL CHAMBER, MAYOR SHERMAN P. LEA, SR., PRESIDING, AND ALL MEMBERS OF THE COUNCIL WERE IN ATTENDANCE. AT THIS POINT, COUNCIL MEMBER MICHELLE L. DAVIS LEFT THE COUNCIL CHAMBER, DUE TO A PERSONAL CONFLICT OF INTEREST REGARDING THE PROPOSED SALE OF CAMPBELL COURT (6:39 P. M.). ADOPTED RESOLUTION NO. 41364- 012219 APPROVING OF THE DISPOSITION OF CAMPBELL COURT AS SET FORTH IN THE AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE, VIRGINIA AND GREATER ROANOKE TRANSIT COMPANY, AS RECOMMENDED BY THE GRTC BOARD; RATIFYING, APPROVING, AND AUTHORIZING THE ACTIONS OF THE GRTC BOARD TO (1) AUTHORIZE THE PRESIDENT AND GENERAL MANAGER OF GRTC TO EXECUTE THE CITY AND GRTC EXCHANGE AGREEMENT; AND (11) AUTHORIZE THE PRESIDENT AND /OR GENERAL MANAGER TO EXECUTE SUCH FURTHER DOCUMENTS AND TAKE SUCH FURTHER ACTIONS AS MAY BE NECESSARY TO ACCOMPLISH THE SALE OF REAL PROPERTY AND THE ACQUISITION OF REAL PROPERTY; AND AUTHORIZING THE CITY MANAGER OR THE MAYOR TO EXECUTE A CERTIFICATION THAT THE CITY, AS STOCKHOLDER OF GRTC, APPROVES OF THE DISPOSITION OF CAMPBELL COURT, AS RECOMMENDED BY THE BOARD OF GRTC, AND IN ACCORDANCE WITH THE PROPOSED CITY AND GRTC EXCHANGE AGREEMENT. (6 -0) 13. RECESSED AT 6:44 P. M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. L ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 22, 2019 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by The Reverend Kathy O'Keeffe, Pastor, Kingdom Life Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by Cub Scout Pack 584, sponsored by Bonsack United Methodist Church. Welcome. Mayor Sherman P. Lea, Sr. NOTICE: Tonight's Council meeting will not be televised live; however, it will be replayed on RVTV Channel 3 on Friday, January 25 at 7:00 p.m., and Sunday, January 27 at 4:00 p.m.; and video streamed through Facebook Live at face book. co, m/Roano keVa. Council meetings are offered with closed captioning for the hearing impaired. 7 A. NEW BUSINESS: 1. Recognition and honor of Oliver White Hill, Sr., for his outstanding contributions to the City of Roanoke, the Commonwealth of Virginia, and our Nation. Adopted Resolution No. 41365- 012219. (7 -0) 2. Proposed annual salary increases for Mayor and Members of City Council, beginning July 1, 2020. Adopted Ordinance No. 41366- 012219. (7 -0) B. PUBLIC HEARINGS: 1. Request of Seven Hills Investment Properties, LLC, to rezone property located at 3162 Williamson Road, N. W., from CN, Commercial Neighborhood District, to CG, Commercial - General District, with conditions. Hussain Alam, Agent, Alam Design Group, Spokesperson. Adopted Ordinance No. 41367- 012219. (7 -0) 2. Request of the City of Roanoke to vacate, discontinue and close a portion of Denniston Avenue, S. W., to support construction of a new fire station. Tom Austin, Mattern and Craig, Spokesperson. Adopted Ordinance No. 41368- 012219. (7 -0) 3. Request of the City of Roanoke to rezone 1742 Memorial Avenue, S. W., from Commercial- Neighborhood District to Institutional Planned Unit Development District; a portion of 0 Denniston Avenue, S. W., from Commercial- Neighborhood District and Residential Mixed Density District to Institutional Planned Unit Development District; a portion of 1810 Denniston Avenue, S. W., from Residential Mixed Density District to Institutional Planned Unit Development District; and vacate a portion of Denniston Avenue right -of -way between the abovementioned parcels from Residential Mixed Density District, Residential Mixed Density District and Commercial- Neighborhood District to Institutional Planned Unit Development District, in connection with construction of a new fire station. Tom Austin, Mattern and Craig, Spokesperson. Adopted Ordinance No. 41369- 012219. (7 -0) 4. Request of the City of Roanoke to amend Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, for clarification and consistency with State law. Ian Shaw, Agent, Spokesperson. Adopted Ordinance No. 41370 - 012219. (7 -0) At this point, Council Member Davis left the Council Chamber, due to a personal conflict regarding the proposed acquisition and sale of Campbell Court (8:04 p.m.). 5. Proposed sale of real estate to Greater Roanoke Transit Company; and authorization for acquisition of Campbell Court by the City from Greater Roanoke Transit Company. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41371 - 012219. (6 -0, Council Member Davis was not present when the vote was recorded.) 6. Proposed sale of Campbell Court to Hist:Re Partners, LLC; and authorization for acquisition of the future rail station parcels by the City from Hist:Re Partners, LLC. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41372 - 012219. (6 -0, Council Member Davis was not present when the vote was recorded.) At this point, Council Member Davis returned to the Council Chamber (9:34 p.m.). C. OTHER BUSINESS: 1. Petition for Appeal filed by Neil Aneja appealing a decision of the Architectural Review Board denying his request to retain nine newly installed Ply Gem wood windows that fit the size of the original wood windows at 817 Ferdinand Avenue, S. W. 2. A communication from the City Attorney, on behalf of the City Planning Department, recommending dismissal of the Petition for Appeal filed by Neil Aneja due to failure to meet the 30 -day requirement period as set forth in the City Code. Concurred in recommendation to dismiss the Appeal. (7 -0) D. 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. Chris Craft, President, Wildwood Civic League, appeared before the Council to express concern about lack of public services in the Wildwood neighborhood. Nina Heldt, 3153 Roundhill Avenue, N. W., appeared before the Council to voice concerns about the 10th Street Improvement Project and Western Virginia Water Authority Sewer Line Project on Roundhill Avenue. W, Mayor Lea announced that Vice -Mayor Cobb and several Members of Council would be attending the Virginia Municipal League Legislative Day on Thursday, January 24, in Richmond, Virginia; and he would be attending the 2019 U.S. Conference of Mayors Winter Policy Meeting in Washington, D.C. on Friday, January 25. E. ADJOURNED -10:00 P.M. 10 S'11.:1'IIANIE M. MOON REVNOL.DS, MMC City Clerk CITY OF ROANOKE OFFICE OF TIKE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (541)) 853 -1145 E -mail: derk(a roanokeva.gov January 29, 2019 John A. Garland 2115 Lynne Avenue, S. W. Roanoke, Virginia Dear Mr. Garland: C ECEL.IA F. MCCOY Deputy Cite Clerk C'E:CELIA T. WEBB, CMC Assistant Deputy City Clerk At the regular meeting of the Council held on Tuesday, January 22, 2019, the City Clerk submitted a communication advising of your resignation as an Elected Official representative of Roanoke Valley - Alleghany Regional Commission, Roanoke Valley - Alleghany Regional Commission Comprehensive Economic Development Strategy Committee, and Roanoke Valley Transportation Planning Organization, effective January 2, 2019. On motion, duly seconded and adopted, Council accepted the resignation; and the communication was received and filed. Sincerely, 24Q,,.�„¢.., V—Y). over -� �t�•, --- Stephanie M. Moon Reynolds, M C City Clerk pc: Wayne Strickland, Executive Director, Roanoke Valley - Alleghany Regional Commission, via email 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 City Clerk January 22, 2019 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 John A. Garland has tendered his resignation as an Elected Official representative of Roanoke Valley - Alleghany Regional Commission, Roanoke Valley - Alleghany Regional Commission Comprehensive Economic Development Strategy Committee, and Roanoke Valley Transportation Planning Organization, effective, January 2, 2019. Sincere) Stephanie M. Moon Reynolds, MC City Clerk REPORT ON COLLECTIONS OF COMMONWEALTH REVENUES BY LOCAL CONSTITUTIONAL OFFICERS FOR THE YEAR ENDED JUNE 30, 2018 Auditor of Public Accounts Martha S. Mavredes, CPA www.apa.virginia.gov (804) 225 -3350 lth -TABLE OF CONTENTS- INTRODUCTION LETTER INTERNAL CONTROL AND COMPLIANCE FINDINGS Sheriffs Treasurers /Directors of Finance SCHEDULE A: SUMMARY OF COLLECTIONS SCHEDULE B: SCHEDULE OF STATE AND ESTIMATED INCOME TAXES Pages 1 2 -4 2 3 -4 5 6 -9 Comcxr�o �ae�rt�j of Virgint' Auditor of Public Accounts P.O. Box 1295 Martha S Mavredes, CPA Auditor of Public Accounts Richmond, Virginia 23215 November 26, 2018 The Honorable Ralph S. Northam Governor of Virginia The Honorable Thomas K. Norment, Jr. Chairman, Joint Legislative Audit and Review Commission We are pleased to submit the statewide Report on Collections of Commonwealth Revenues by Local Constitutional Officers for the fiscal year ended June 30, 2018. The Auditor of Public Accounts annually audits each constitutional officer or director of finance handling state funds to determine that these officials have maintained accountability over Commonwealth collections, established internal controls, and complied with state laws and regulations. This statewide report summarizes the findings we have previously communicated to the individual Sheriffs, Treasurers, and Directors of Finance and the respective local governing body upon completing our individual audits. Constitutional officers, excluding Clerks of the Circuit Courts, collected $201,906,509 in Commonwealth revenues for fiscal year 2018, a reduction of 11.2 percent from fiscal year 2017, as detailed in Schedule A. Clerks of the Circuit Courts maintain separate accounting records and we issue separate reports for each Clerk's Office. This report also includes a Schedule of State and Estimated Income Taxes by local government for each of the past six tax years in Schedule B. Our audits resulted in findings at ten localities. We have listed the findings by constitutional officer and locality. We limited our work in local government to the collection of Commonwealth revenues. The local governments hire certified public accountants to audit all other local government financial activities. These firms issue separate reports on the results of their audits. AUDITOR OF PUBLIC ACCOUNTS UH: clj Fiscal Year 2018 INTERNAL CONTROL AND COMPLIANCE FINDINGS ( *indicates a repeat finding) SHERIFFS Promptly Deposit /Remit Sheriff's Fees Applicable to: County of Washington County of Westmoreland* City of Alexandria The Sheriff did not promptly deposit funds into an official bank account or remit them directly to the local Treasurer. Having cash or checks on hand is a risk that could lead to a loss of funds. The Sheriff should follow the best practices outlined in the Virginia Sheriff's Accounting Manual, which recommends the Sheriff deposit all collections in the Sheriff's official bank account either weekly or when collections exceed $200. If the Sheriff does not have an official bank account established for the deposit of Sheriff's fees, the fees should be remitted to the local Treasurer weekly, or immediately when collections exceed $200. Remit Collections Timely Applicable to: County of Washington The Sheriff did not remit collections to the Treasurer timely. Code of Virginia §15.2 - 1609.36 requires sheriffs to remit collections on or before the tenth of the month succeeding that in which the fees were collected. The Sheriff should ensure all collections are remitted to the Treasurer within the time frame prescribed by statute. Fiscal Year 2018 TREASURERS /DIRECTORS OF FINANCE Promptly Report Uncollected Balances Applicable to: County of King George The Treasurer has not reported 2015 and 2016 state income tax uncollected balances to the Department of Taxation (Tax). Treasurers who process state income tax returns must report yearly to Tax the total amount of unpaid taxes for returns they accepted and processed locally. The Treasurer should promptly report state income tax uncollected balances to Tax as required. Promptly Remit State Collections Applicable to: County of James City The Treasurer did not remit state income tax and estimated tax payments to the Commonwealth timely. Section 2.2- 806(A) of the Code of Virginia requires Treasurers to deposit state income tax payments within one banking day of receipt. The Treasurer should deposit state income tax payments in accordance with the Code of Virginia. Properly Update and Calculate Interest Applicable to: County of Scott City of Poquoson City of Williamsburg The Treasurer did not update interest information in the automated system for income taxes when the rate changed in April 2018. While the financial impact of this condition was negligible, the Treasurer should have a procedure in place to ensure that the interest rate is updated in the system as those updates occur to ensure interest on state income tax is calculated appropriately. The Treasurer should immediately implement procedures, such as reviewing the quarterly on -line Tax Bulletins, to update the automated system promptly with correct interest rates whenever the Department of Taxation changes the interest rates. Properly Remit Sheriff's Fees Applicable to: County of Scott The Treasurer did not retain the correct amount of Sheriff's fees due to the locality during the audit period as required by §15.2- 1609.3 of the Code of Virginia. This resulted in the Treasurer not remitting fees of $308 to the Commonwealth. The Treasurer should remit this amount during fiscal year 2019 and ensure proper accounting for Sheriff's fees in the future, as this will ensure compliance with Code of Virginia requirements. Fiscal Year 2018 Promptly Remit Sheriff's Fees Applicable to: County of Westmoreland The Treasurer delayed sending Sheriff's fees to the Commonwealth. We noted delays of up to four months. Section 2.2 806(6) of the Code of Virginia requires fees be remitted weekly or twice each week when collections exceed $5,000. The Treasurer should promptly remit Sheriff's fees as required by the Code of Virginia. Perform Monthly Reconciliations Applicable to: City of Falls Church The Treasurer did not perform complete and adequate monthly reconciliations of Sheriff's fee collections to the Commonwealth accounting system. The Treasurer misclassified Regional Transient Occupancy Tax as Sheriff's fees, resulting in a remittance of locality funds to the Commonwealth that went undetected for eight months. Proper and complete monthly reconciliations are a significant internal control and are essential for determining the reliability of financial information and the proper disposition of funds. The Treasurer should reconcile Sheriff's fee collection balances to the Commonwealth's accounting system on a monthly basis as required by §58.1 -3168 of the Code of Virginia and submit correction requests timely. Proper procedures will ensure complete and accurate recording of collections. Remit Excess Collection Fees Applicable to: City of Roanoke The former Director of Finance did not direct the Treasurer to remit the state's portion of excess collection fees, totaling $93,936, to the Commonwealth in a timely manner. The Commonwealth's Attorney completed the calculation of the fees from the in -house collection program required to be remitted to the Commonwealth in August 2017; however, the former Director of Finance did not direct the Treasurer to remit the fees to the Commonwealth. The current Director of Finance should immediately direct the Treasurer to remit the state portion of excess collection fees from the in -house collection program each year immediately after the amount of the Commonwealth's portion has been determined. Fiscal Year 2018 SCHEDULE A SUMMARY OF COLLECTIONS This schedule summarizes the cash collections made in the period July 1 to June 30 each year, regardless of the tax year. Fiscal Year 2018 2018 2017 2016 2015 Income taxes $ 24,153,499 $ 23,537,319 $ 28,775,192 $ 34,443,624 Estimated income taxes 168,966,564 195,011,906 210,510,108 239,090,517 Penalty 73,828 78,794 93,160 89,990 Interest 5,985 6,771 6,652 6,845 Commonwealth's portion of Sheriff's fees 7,264,215 7,358,402 7,069,432 7,534,485 Commonwealth Attorney's excess collection program fees 1,442,418 1,448,400 643,788 752,157 Total $201,906,509 $227,441,592 $247,098,332 $281,917,618 This schedule summarizes the cash collections made in the period July 1 to June 30 each year, regardless of the tax year. Fiscal Year 2018 Schedule of State and Estimated Income Taxes Reported by Local Government and Tax Year TY 2017 TY 2016 463,339.00 542,506 State Income Taxes 65,450 2,317,347.69 2,443,430 Loca I ity TY 2016 TY 2015 TY 2014 TY 2013 TY 2012 TY 2011 Cities: Alexandria $ - $ - $ - $ - $ $ Bedford - - - - 12,485 15,979 Bristol 53,257 88,062 116,353 82,747 148,132 377,791 Buena Vista 11,012 16,096 21,413 28,725 18,252 29,213 Charlottesville 269,436 233,978 272,262 349,136 343,002 500,409 Chesapeake 927,063 1,109,640 1,094,133 1,332,659 1,5 29,162 1,714, 251 Colonial Heights 62,394 53,566 81,826 119,810 70,392 90,666 Covington 1,071 2,047 13,922 6,882 9,358 11,491 Danville 111,438 38,647 170,799 174,317 156,402 456,248 Emporia 9,049 11,250 21,972 8,925 10,943 17,780 Fairfax 207,920 257,853 295,793 301,965 302,346 267,518 Falls Church 224,530 260,035 309,134 233,008 367,125 285,537 Franklin 14,286 17,681 14,734 18,466 26,041 42,949 Fredericksburg 132,481 340,252 298,865 277,971 269,985 251,140 Hampton 1,004,035 661,746 842,215 997,953 873,378 926,727 Harrisonburg 147,380 242,127 224,518 230,963 258,954 236,303 Hopewell 37,182 57,425 85,867 73,627 87,406 80,625 Lexington 47,155 64,993 66,145 73,319 76,407 61,231 Lynchburg 271,095 23,652 336,826 246,894 599,029 388,254 Manassas Park 16,953 17,381 32,052 30,942 29,773 31,480 Martinsville 48,586 36,475 51,882 44,965 59,985 69,207 Newport News 737,714 803,467 961,400 859,864 1,018,836 1,064,546 Norfolk 198,713 822,957 972,226 1,128,397 1,584,989 1,260,425 Norton 29,518 31,039 28,243 26,405 47,685 36,178 Petersburg Poquoson - 123,497 - 165,806 - 237,800 - 204,571 256,720 214,262 Portsmouth 254,510 364,493 330,432 364,213 396,598 438,678 Radford 19,255 9,767 16,878 21,832 23,576 34,156 Richmond - 7,585 16,740 14,296 14,480 19,961 Roanoke 270,314 79,447 412,369 361,629 323,532 365,687 Salem 141,056 79,447 - 103,488 216,988 - Staunton 107,001 154,781 161,528 122,581 289,499 130,000 Suffolk 457,739 565,401 650,014 632,566 611,081 637,199 Virginia Beach 2,792,230 3,233,953 3,954,557 4,085,995 4,487,552 4,809,753 Waynesboro 48,252 113,873 88,425 71,489 78,971 106,367 Williamsburg 106,856 224,463 225,962 266,122 340,331 301,760 TY 2017 TY 2016 463,339.00 542,506 34,759.00 65,450 2,317,347.69 2,443,430 6,428,373.16 6,704,219 290,881.40 316,547 35,122.00 33,100 1, 499, 558.00 1,795, 410 43,361.00 47,091 1,605,787.90 1,655,790 3,744,846.88 2,644,356 759,269.00 239,061 1,905,723.00 2,114,777 1, 066, 484.00 1,089, 842 1,192, 455.00 1,278,604 34,403.35 85,607 392,605.00 371,888 2,409,050.13 2,773,352 367,355.00 659,775 1, 798, 987.81 2,297,239 2,286,530.47 2,316,713 19,551.00 45,422 651,785.74 678,458 540,659.97 838,012 209,190.00 292,352 - 18,308 2, 038, 871.81 1,653,096 345,065.00 806,800 613,506.18 839,105 2,413,221.87 31787,203 25,285,730.83 29,999,131 667,095.00 616,129 1,512,382.00 21092,469 Schedule of State and Estimated Income Taxes Reported by Local Government and Tax Year TY 2013 TY 2012 TY 2011 415,959 525,731 State Income Taxes Loca I ity TY 2016 TY 2015 TY 2014 Counties: 88,821 13 2, 466 124,401 Accomack 201,068 228,578 335,003 Albemarle - - - Alleghany 50,125 74,127 69,798 Amelia 56,711 81,891 123,084 Amherst 91,040 91,841 120,279 Appomattox 54,340 135,462 129,051 Arlington - - ' Augusta 326,292 321,101 753,278 Bath 30,314 27,285 34,477 Bedford 352,516 414,209 537,172 Bland 28,396 28,252 41,172 Botetourt 192,136 190,539 284,771 Brunswick 32,747 39,611 38,979 Buchanan 52,131 75,994 176,255 Buckingham 37,981 43,226 55,486 Campbell 132,019 140,343 197,412 Caroline 114,057 104,117 127,732 Carroll - - - Charles City - - - Charlotte 28,281 39,039 48,125 Chesterfield 1,865,480 1,936,736 2,569,953 Clarke 107,462 224,211 166,790 Craig 11,352 15,864 28,385 Culpeper 260,952 295,849 425,296 Cumberland - - - Dickenson 64,137 93,178 67,222 Dinwiddie 68,173 95,598 91,555 Essex 44,765 43,867 47,692 Fairfax - - - Fauquier 765,223 934,763 1,853,202 Floyd - - - Fluvanna - - - Franklin 267,416 249,022 281,847 Frederick - - 264,327 Giles 71,173 73,808 90,555 Gloucester 201,672 222,678 314,649 Goochland 211,720 257,630 423,140 TY 2013 TY 2012 TY 2011 415,959 525,731 447,603 76,584 59,754 66,124 41,864 64,555 88,821 13 2, 466 124,401 169,554 136,921 146,346 172,627 400,208 861,204 924,829 44,243 53,190 39,440 426,241 601,291 529,349 33,936 48,596 60,177 290,939 287,965 302,764 29,913 39,344 45,883 87,150 226,055 160,099 32,734 67,269 38,332 187,956 322,233 239,553 129,043 112,978 154,767 68,197 2,613,611 174,242 22,773 338,942 33,264 66,810 105,466 58,768 1,023,888 347,362 221,121 96,829 309,616 439,143 67,900 2,655,604 184,723 51,950 326,858 2,518 91,055 118,383 57,748 1,186,385 308,162 240,645 79,695 310,361 591,445 87,944 3,202,498 198,940 24,453 518,560 71,495 84,645 108,284 1,038,073 335,677 156,960 87,595 330,949 453,350 TY 2017 TY 2016 1,580,613.26 17,157.00 412, 274.00 262,930.00 358,146.00 484, 840.00 1,220.00 1,810,932.99 267,145.00 1,564,732-38 76,014.00 1,057;118.00 632, 253.00 374,101.00 151,195.00 1;095,297.00 409,984.00 240,574.00 10, 884, 274.64 1,838,880.00 76,004.00 1,667;787.00 119,430.00 134, 948.50 194,421.00 527.815.00 6,310,703.84 213,953.00 2;578,676.26 2,375,218.02 353,545.00 947,350,75 21465,069.40 2,021,678 39,372 460,954 249,268 503,089 604,294 3,440 2,205,081 212,260 4,816,009 71,431 1,088,506 391,640 486,286 167,599 1,879,068 479,852 587,403 7,311,309 1,244,969 79,575 1,618,074 85,481 192,507 246,781 379,020 14,546,333 220,404 2,629,537 2,676,643 328,075 1,174,371 3,343,027 Schedule of State and Estimated Income Taxes Reported by Local Government and Tax Year Loca I ity Counties continued; James City King & Queen King George King William Lancaster Lee Loudoun Louisa Lunenburg Madison Mathews Mecklenburg Middlesex Montgomery Nelson New Kent Northampton Northumberland N ottoway Orange Page Patrick Pittsylvania Powhata n Prince Edward Prince George Prince William Pulaski Rappahannock Richmond Roanoke Rockbridge Rockingham Russell Scott Shenandoah Smyth TY 2016 800,711 State Income Taxes TY 2015 TY 2014 930,913 1,129,679 TY 2013 843,969 TY 2012 1,030,653 TY 2011 990,957 TY 2017 TY 2016 6,424,761.89 7,447,377 _ - - 93,707 - - 171,177.00 291,309 163,487 221,802 232,839 268,540 225,364 216,714 892,052.00 907,494 51,891 90,069 74,041 82,689 83,661 65,070 344,538.00 372,048 134,203 510,078 388,470 223,291 265,419 442,041 1,457,064.05 1,651,704 46,024 44,957 62,590 59,276 66,235 83,945 209,153.48 212,685 256,959 216,959 246,011 271,742 194,180 220,418 977,546.25 890,787 53,222 60,402 149,960 100,322 113,461 79,115 186,655.00 230,029 79,616 84,766 93,393 111,071 108,635 96,533 465,587.00 545,423 - - - - 126,697 107,949 - - 72,297 119,186 113,934 99,257 176,403 142,880 834,004.00 877,848 92,501 452,918 129,402 209,815 123,365 141,844 1,041,670.00 1,206,417 398,426 1,079,997 624,401 760,774 599,946 542,639 3,091,498.81 3,847,429 117,698 140,473 182,975 243,746 155,718 169,440 852,780.10 849,249 - _ _ - 513,876.00 742,246 52,701 85,850 108,906 135,323 130,260 192,998 646,702.00 650,246 87,186 172,682 184,988 156,305 184,267 173,394 1,360,483.37 1,516, 212 32,124 34,215 46,043 34,675 38,764 45,554 129,871.00 192,554 158,183 192,099 307,868 247,768 247,458 358,879 1,196,814.00 1,435,249 _ - - - - 583,921.00 907,932 _ - - - - 47,195 - - 119,803 130,624 161,385 157,627 190,130 257,702 1,461,058.88 2,057,331 211,326 225,358 300,997 183,947 197,429 230,288 1,525,215.51 1,595,821 34,818 35,802 94,396 71,700 57,032 79,925 400,470.03 490,356 147,659 200,788 196,360 235,784 265,994 206,379 296,833.00 414,616 74,824 86,268 114,059 106,162 133,642 168,804 584,974.00 652,669 81,741 105,781 197,907 137,213 134,140 141,823 841,477.00 1,013,546 25,294 33,451 46,077 41,754 45,139 31,136 258,805.00 300,582 499,436 700,621 787,409 665,396 685,084 721,201 3,404,070.52 4,458,414 101,766 135,365 220,303 220,241 155,964 202,566 1,239,853.00 1,642,660 422,439 674,815 641,182 1,324,104 1,384,976 843,077 3,948,036.52 4,465,336 86,485 178,583 153,716 160,553 264,235 1,489,635 342,734.34 321,014 57,012 96,887 91,435 94,832 69,870 116,029 230,542.00 190,555 2,023 27,546 60,590 42,351 56,000 114,551 380,002.00 716,878 Schedule of State and Estimated Income Taxes P—rt —[ 1— 1 —1 rnvPrnrn Pnt An(i TAY YPAr $ 22,876,273 $ 27,923,170 $ 34,274,042 $ 33,426,274 $ 37,404,613 $ 39,014,428 TY 2017 TY 2016 $ 334,235 $ 456,685 915,412.29 821,818 2,259,386 2,744,498 _ I$ 166,792,711 $ 197,09S,765 This schedule reflects the state income taxes and estimated income taxes collected by the local Treasurers on a tax year basis by loca Auditor of Public Accounts' most recently completed audits. Treasurers process state income taxes separately from estimated taxes. Due to the nature of the tax, the flow of collections for these state income taxes are generally collected by the Treasurer from January through December of the year following the given to Commissioner of the Revenue. The Commissioner is then responsible for the assessment of the tax and any applicable penalty and inte 2016 are reported on this schedule. The Treasurer generally collects the estimated income taxes beginning in February of the tax year through March of the next year. Ti the Commissioner of the Revenue. The first estimated payment is often made and given to the Commissioner with the declaration. Th tax payments directly to the local Treasurer. This report includes the estimated income taxes for tax years 2012 through 2017. State Income Taxes Locality TY 2016 TY 2015 TY 2014 TY 2013 TY 2012 TY 2011 Counties continued: Wise $ 89,814 $ 127,637 $ 139,109 $ 125,313 $ 160,417 $ 163,723 Wythe 64,710 88,230 96,216 87,265 90,147 107,255 York 632,439 753,174 907,024 790,583 860,814 802,640 $ 22,876,273 $ 27,923,170 $ 34,274,042 $ 33,426,274 $ 37,404,613 $ 39,014,428 TY 2017 TY 2016 $ 334,235 $ 456,685 915,412.29 821,818 2,259,386 2,744,498 _ I$ 166,792,711 $ 197,09S,765 This schedule reflects the state income taxes and estimated income taxes collected by the local Treasurers on a tax year basis by loca Auditor of Public Accounts' most recently completed audits. Treasurers process state income taxes separately from estimated taxes. Due to the nature of the tax, the flow of collections for these state income taxes are generally collected by the Treasurer from January through December of the year following the given to Commissioner of the Revenue. The Commissioner is then responsible for the assessment of the tax and any applicable penalty and inte 2016 are reported on this schedule. The Treasurer generally collects the estimated income taxes beginning in February of the tax year through March of the next year. Ti the Commissioner of the Revenue. The first estimated payment is often made and given to the Commissioner with the declaration. Th tax payments directly to the local Treasurer. This report includes the estimated income taxes for tax years 2012 through 2017. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Patricia White -Boyd, 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 an Interim Council Member of the Council of the City of Roanoke, Virginia, to fill the unexpired term of office of John A. Garland ending June 30, 2020, according to the best of my ability (So help me God). The foregoing oath of office was taken, sworn to, and subscribed before me by Patricia White -Boyd this 16th day of January 2019. Judge d#•t✓he Twenty-Third Judicial Circu 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 F. -mail: clerk(&roanokeva.¢ov STEPHANIE M. MOON REYNOLDS, MMC City Clerk January 23, 2019 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Pamela Smith has qualified as a member of the City Planning Commission for a four -year term of office, commencing January 1, 2019, and ending December 31, 2022. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Pamela Smith, 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 City Planning Commission for a four -year term of office, commencing January 1, 2019, and ending December 31, 2022, according to the best of my ability. (So help me God.) PAMELA SMITH The foregoing oath of office was taken, sworn to, and subscribed before me by Pamela Smith this day of 2018. Brenda S. Hamilton, Clerk of the Circuit Court By. , Clerk STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roauokeva.gov January 23, 2019 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Patricia Wilhelms has qualified as a member of the Roanoke Arts Commission to fill the unexpired term of office of William Sellari ending June 30, 2020. pc: Susan Jennings, Arts and Culture Coordinator Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Patricia Wilhelms, 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 Arts Commission to fill the unexpired term of office of William Sellari ending June 30, 2020, according to the best of my ability. (So help me God.) 9"' ) ow, PATRICIA WILHELMS The foregoing oath of office was taken, sworn to, and subscribed before me by Patricia Wilhelms this 7 4 day o 2018. Brenda S. Hamilton, Clerk of the Circuit Court 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 F. -mail: derk(&.roanokeva.Eov STEPHANIE M. MOON REYNOLDS, MMC City Clerk January 23, 2019 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Frank C. Martin, III, has qualified as a member of the City Planning Commission for a four -year term of office, commencing January 1, 2019, and ending December 31, 2022. Sincerely, Stephanie M. Moon Reynolds, C City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Frank C. Martin, 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 member of the City Planning Commission for a four -year term of office, commencing January 1, 2019, and ending December 31, 2022, according to the best of my ability. (So help me Goc The foregoing oath of office was taken, sworn to, and subscribed before me by Frank C. Martin, III, this day of 201, Brenda S. Hamilton, Clerk of the Circuit Court �S IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41354 - 012219. A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke Sheriff's Department by the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security, 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: 1. The City Manager is hereby authorized on behalf of the City to accept the State Criminal Alien Assistance Program (SCAAP) Grant in the amount of $8,351, with no local match required, to the Roanoke City Sheriff's Department to partially fund the purchase of a new inmate transport vehicle. Such grant being more particularly described in the City Council Agenda Report dated January 22, 2019. 2. The Sheriff and the City Manager are 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. 3. The Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant. 2019 SCAAP Grant Approval 1.22.19.doc ATTEST: ,r���aM City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41355- 012219. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program ( SCAAP), 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 Vehicular Equipment Revenues SCAAP FY19 35- 140- 5924 -9010 35- 140- 5924 -5924 $8,351 8,351 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTES aCity Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: 2018 State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant Background: SCAAP is administered by the Bureau of Justice Assistance Office of Justice Programs in conjunction with the U.S. Department of Homeland Security. SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law. These guidelines apply to those individuals who were incarcerated for at least four consecutive days during the reporting period. Considerations: On January 2, 2019, the Sheriff's Office was awarded $8,551 in grant funding. There is no local match required for this program. In order to comply with grant requirements, all awarded funding will be used to partially fund the purchase of a new inmate transport vehicle, The new vehicle will replace an older model in the city fleet and shall be utilized to transport offenders. Recommended Action: Accept the SCAAP Reimbursement Grant described above and authorize the City Manager to execute the grant agreement and any related documents; 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 $8,351 and to appropriate the same in an account to be established in the Grant Fund by the Director of Finance. --------------- -- Timothy A. Allen Sheriff Distribution: Council Appointed Officers Amelia C. Merchant, Director of Finance 41- P h C•3 Meeting: Subject: CITY COUNCIL AGENDA REPORT Honorable Mayor and Members of City Council January 22, 2019 SCAAP Reimbursement Grant I concur with the recommendation from Sheriff Timothy Allen to accept funding from the SCAAP program in the amount of $8,351.00 with no local match required. I further recommend adopting the accompanying budget ordinance to establish a revenue estimate of $8,351.00 in grant funds and to appropriate such funding in an account to be established by the Director of Finance. Robert S. Cowel Jr. City Manager Distribution: Council Appointed Officers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41356- 012219. A RESOLUTION authorizing the acceptance of the 2019 V -STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services, 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: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the 2019 V -STOP Grant in the amount of $28,193, with a required local match of $24,679, making the total funding $52,872, to employ the Police Department's full -time non -sworn Domestic Violence Specialist, as more particularly described in the City Council Agenda Report dated January 22, 2019. 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. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing Grant. RN -STOP GRANT- 1.22.19.doc ATTEST: Q'''''OM 0j City City Cler _ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41357 - 012219. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant ( VSTOP), 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: Special Revenue Fund Appropriations Regular Employee Salary ICMA Retirement FICA Dental Insurance Life Insurance Medical Insurance Revenues VSTOP Grant CY2019 - State VSTOP Grant CY2019 - Local 35- 640 - 3128 -1002 $ 38,294 35- 640 - 3128 -1115 3,456 35- 640 - 3128 -1120 3,142 35- 640 - 3128 -1126 332 35- 640 - 3128 -1130 544 35- 640 - 3128 -1180 7,104 35- 640 - 3128 -3128 28,193 35- 640 - 3128 -3129 24,679 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. a CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: ,January 22, 2019 Subject: 2019 Violence Against Women Act: V -STOP Grant Background: The Department of Criminal .justice Services of the Commonwealth of Virginia has awarded the Roanoke Police Department $28,193 in grant funding as part of the Violence Against Women Act (V- STOP). The Roanoke Police Department will use the award to fund its existing Domestic Violence Specialist position. The 2019 V -STOP grant funding has been level funded since 2012. To maintain current salary and benefit levels for the position, the City of Roanoke will be required to provide a total local match of $24,679. The Domestic Violence Specialist is an essential employee who is tasked with providing services to the victims of domestic violence. The Domestic Violence Specialist investigates domestic violence offenses, ensures that victims receive support services throughout their case, prepares cases for prosecution and directs police department resources towards apprehending the most dangerous offenders. Recommended Action: Accept the 2019 V -STOP Grant described above and authorize the City Manager to execute the grant agreement 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 Grant fund for State grant funds of $28,193, transfer funding in the amount of $20,268 from Transfer to Grant Fund, account 01- 250 - 9310 -9535, $4,411 from Local Match Funding for Grants, account 35- 300 - 9700 -5415, and appropriate total funding of $52,872 for salary and benefits 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 Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police COMMONWEALTH of VIRGINIA Department 4Criminal Juslice Services Shannon Dion 1100 Bank Street DIf(.'CtOr Richmond, Virginia 23214 December I4, 2018 (804) 786.4000 Mr. Robert Cowell City Manager City of Roanoke 215 Church Ave,, SW Roanoke, VA 24011 Title: Violence Against Women's Act — Project Title: VAWA Law Enforcement Dear Mr. Cowell: I am pleased to advise you that grant number 19- U3153VAI S for the above - referenced grant program has been approved in the amount of $28,193 in Federal funds and $9,398 in Match funds for a total award of $37,591. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return electronically to grants mgmt(a-)dc is.virginia.gov at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this information carefully as it contains details on processing, financial and progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests and request for fiends iinust be processed tlerougli our online Grants Management Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your projects success. If you have any questions, please call Anya Shaffer at (804) 786 -2059. Sincerely, Shannon Dion Enclosures cc: Ms. Teresa Huddleston, Police Program Specialist Ms. Amelia Merchant, Director of Finance Ms. Anya Shaffer, DCJS Monitor Criminal Justice Services Board - Comm nee on Training - Adviscry Comm ttee on Juvenile Justice and Prevention Advisory Commttieeioihe Court Appointed Special Advocate and Children's Justice Act Programs Advisory Committee on Sexual and Domestic Violence • Private Security Services Advisory Board www dcjs virgin 9,(— IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41358 - 012219. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City from the Virginia Department of Criminal Justice Services; 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: 1. The City of Roanoke does hereby accept the Juvenile Justice and Delinquency Prevention Title II grant made to the City from the Virginia Department of Criminal Justice Services in the amount of $18,352, with no local match required from the City, for the term beginning January 1, 2019, through December 31, 2019, to be used by Roanoke City Public Schools to create and administer the Positive Alternatives to School Suspension Project, as more particularly described in the City Council Agenda Report dated January 22, 2019. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such funding. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: NQ-� �n . 0o J City Clerk. R- Juvenile Justice & Delinquency Prevention- Positive Alternatives to School Suspensions Project (1.22.19) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41359- 012219. AN ORDINANCE to appropriate funding from the Virginia Department of Criminal Justice Services for the Juvenile Justice and Delinquency Prevention 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 Fees for Professional Services Program Activities Revenues Juvenile Justice and Delinquency Prevention FY19 35- 630 - 5037 -2010 $ 10,816 35- 630 - 5037 -2066 7,536 35- 630 - 5037 -5037 18,352 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: n� y City Clerk. {, CITY r� .M�'.. COUNCIL ro of ;Pd To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: Acceptance and Appropriation of juvenile justice and Delinquency Prevention Title II Grant Funds for 2019. Background: The Virginia Department of Criminal justice Services has awarded the City of Roanoke Federal funding from the juvenile justice and Delinquency Prevention Title II grant program. This funding will be used by Roanoke City Public Schools as a sub recipient to create and administer the Positive Alternatives to School Suspension (PASS) Project. The amount of the grant is $18,352 for a one year term beginning January 1, 2019. The PASS Project provides interventions to prevent school discipline problems that can lead to school removals and early intervention with the juvenile justice system which contribute to the school -to- prison pipeline. Behavioral, social, and academic interventions are provided through restorative justice programming and supportive counseling targeted at Roanoke City Public Schools' most at -risk youth in grades six through eight. This Project provides academic and behavioral support to adolescents in a supportive and enriching environment with the ultimate goal of ensuring that school -aged youth "by- PASS" early law enforcement involvement and juvenile courts. Considerations: Roanoke City Public Schools has actively been engaged in activities to address the rates of school removals and associated law enforcement contacts. Across Virginia, often students are rapidly referred to law enforcement and the juvenile justice system with little or no process for interventions beforehand. This occurs frequently for students with behavioral, psychological, and academic challenges. The PASS Project seeks to divert juveniles from the juvenile justice system through a process of interventions before disciplinary issues require court or law enforcement attention. Recommended Action: Adopt a resolution accepting the Juvenile Justice and Delinquency Prevention Title II Grant funding from the Virginia Department of Criminal Justice Services Grant # 19- D3230JJ16 for the Positive Alternatives to School Suspensions (PASS) Project. Authorize the City Manager to execute any forms required by the Virginia Department of Criminal Justice Services in order to accept these funds; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate for Federal grant funds of $18,352 and appropriate funding in the amount of $18,352 into expenditure accounts to be established by the Director of Finance. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Steven Martin, Director of Human and Social Services Tami Amos, PASS Coordinator, Roanoke City Public Schools Amelia C. Merchant, Director of Finance James O'Hare, Youth Care Administrator Shannon Dion Director Mr. Robert Cowell City Manager City of Roanoke 215 Church Ave., SW Roanoke, VA 24011 �y COMMONWEALTH of VIRGINIA Department of Criminal Justice Se li- ices December 26, 2018 Title; Juvenile Justice and Delinquency' Prevention Title U - Positive Alternatives to School Suspension Dear Mr. Cowell: 1100 Bank Street Richmond, Virginia 23219 (804) 7864000 I am pleased to advise you that grant number 19- D3230JJ16 for the above - referenced grant program has been approved for a total award of $18,3 52 in Federal Funds. Enclosed you will find a Statement,of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return electronically to grantsmgmt aCI, dcjs.virginia.gov at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Reauirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our online Grants Management Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your projects success. If you have any questions, please call Ed Holmes at (804) 786 -4576. Sincerely, S D- Shannon Dion Enclosures cc: Ms. Tami Amos, PASS Coordinator Ms. Amelia Merchant, Director of Finance Mr. Ed Holmes, DCJS Monitor Criminal Justice Services Board • Committee on Training - Advisory Committee on Juvenile Justice and Prevention Advisory Committee to the Court Appointed Special Advocate and Children's Justice Act Programs Advisory Committee on Sexual and Domestic Violence - Private Security Services Advisory Board www,dcjs. virginia.gov Department of Criminal Justice Services 1100 Bank Street, 12th Floor, Richmond, VA 23219 Statement of Grant Award /Acceptance Subgrantee: Roanoke City Date: December 26, 2018 Grant Period: Grant Number: From: 01/01/2019 Through: 12/31/2019 19- D3230JJ 16 Project Director Project Administrator Finance Officer Ms, Tami Amos Mr. Robert Cowell Ms, Amelia Merchant PASS Coordinator City Manager Director of Finance Roanoke City Public Schools City of Roanoke City of Roanoke 40 Douglass Avenue, NW 215 Church Ave., SW 215 Church Ave., SW, Ste 461 Roanoke, VA 24012 Roanoke, VA 24011 Roanoke, VA 24011 Phone: (540) 853 -1393 Phone: (540) 853 -2333 Phone: (540) 853 -6800 Email tamos@rcps.info Email: Bob.coweli@roanokeva.gov Email: Amelia.merchant @roanokevagov Grant Award Budget Budget Categories DCJS Funds Federal General Special local TOTALS Travel $0 $0 $0 $0 $0 Supplies/Other $0 $0 $0 $0 $0 Personnel $7,536 $0 SO $0 $7,536 Indirect Cost $0 $0 $0 $0 $0 Equipment $0 $0 $0 $0 $0 Consultant $10,816 7 $0 $0 $0 $10,816 Totals $18,352 $0 $0 $0 $18,352 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. 5 z Shannon Dion, Director The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of '20 Signature: Title: STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 1100 Bank Street, 12'" Floor Richmond, Virginia 23219 For the Juvenile Justice and Delinquency Prevention Title II Grant Program Subgrantee: Roanoke, City of Grant Number: 19- D3230JJ16 Federal Catalog Number: 16.540 Title: JJDP — Postive Alternatives to School Suspension Date: December 26, 2018 The following conditions are attached to and made a part of this grant award: 1. Where the Statement of Grant Award reflects a required match contribution by the grant recipient, the recipient agrees, by accepting the award, to provide the match as shown in non - federal match. 2. By signing and returning the Statement of Grant Award/Acceptance, the General Grant Conditions and Assurances, and the Certifications Re ardin Lobbying' Debarment Suspension and Other ReMonsibility_Matters, the grant recipient agrees: a. To use the grant funds to carry out the activities described in the grant application, as modified by the terms and conditions attached to this award or by subsequent amendments approved by DCJS; b. To adhere to the approved budget contained in this award and amendments made to it in accord with these terms and conditions; and c. To comply with all terms, conditions, certifications, and assurances either attached to this award or submitted with the grant application. Acceptance of this grant award by a local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances —those submitted with the grant application, and those issued with this award —are complied with. 1. The grantee agrees to submit such reports as requested by DCJS on forms provided by DCJS through the Grants Management Information System (GMIS) or as otherwise instructed by DCJS. Funds from this grant will not be reimbursed, if any required financial or progress report is overdue by more than 30 days, unless good cause is submitted for missing the reporting deadline. Federal performance indicator reporting into the data sharing system maintained by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) is required as part of the DCJS reporting. Data may be required to be reported and entered after grant activities conclude. 5. Grant funds are usually disbursed quarterly. Grant and local match funds must be expended and/or obligated during the grant period. The final request for funds must be submitted by the 121 working day after the end of the grant period. All legal obligations must be liquidated no later than 90 days after the end of the grant period. The grant recipient agrees to submit to the DCJS a final grant financial report, and return all unexpended grant funds that were received, within 90 -days after the end of the grant. 6. Budget Amendment Requests must be submitted through GMIS by the Project Director, Program Administrator, or Finance Officer, and must be accompanied by the Budget Amendment Form, This Budget Amendment form will serve as the narrative that should be uploaded to GMIS when submitting the request. No more than two such amendments will be permitted during the grant period. The last date to submit a budget amendment request is 45 days prior to the end of the grant year. Revised 12 -2018 7. Any delegation of responsibility for carrying out grant- funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions, and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions, and assurances of the grant award. 8. The grantee agrees to comply with the Virginia Public Procurement Act: http://eva.state.virg-inia.P-ov/pages/eva- vl2pa.htm. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Permission to make sole source procurements must be obtained from DCJS in advance. 9. The grantee may follow their own established travel rates if they have an established travel policy. If a grantee does not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. For future reference please refer to the following IRS website for the most current mileage rate: hgp://www.irs.gov/taxpros/article/0,,id=156624.00.html. Transportation costs for air and rail must beat coach rates. 10. Project Income - Any funds generated as a direct result of DCJS grant funded projects are deemed project income. Project income must be reported on the Subgrant Financial Report for Project Income form provided by DCJS. Instructions for the Project Income form can be downloaded at: htt :/ /www dcjs virginia gov/ forms / grants/ subwrantProiectincomelnstructions .doe. The Project Income form can also be downloaded from the DCJS website at: hn:/ /www dcjs virginia gov/ forms / grants /subgrantProjectlncome.xls. Examples of project income might include service fees, client fees; usage or rental fees; sales of materials; or income received from sale of seized and forfeited assets (cash, personal or real property included). 11. The grantee agrees to comply with all federal and state confidentiality requirements. All grantees receiving funds to conduct research or statistical activities that involve collecting data identifiable to a private person should submit a Privacy Certificate, when required, in accordance with the requirements of 28 CFR Part 22. This requirement can be downloaded at: hgp: / /www.ecfr.gov/cgi- bin/text- idxv SID= 484ad202fefda5843 f58e860eebaa85b &node = 28:1.0.1.1.23 &rgn =div5 #28:1.0.1.1.23.0.4.6. 12. The grantee agrees to comply with the Department of Justice's requirements of 28 CFR Part 46 - Protection of Human Subjects. These federal requirements can be downloaded at: http://www.ecfr.gov/cgi-bin/text- idx ?SID= 484ad202fefda5843 f58c860eebaa85 b &node = 28:2.0.1.1.4 &rgn =div5. 13. The grantee agrees to assist OJJDP in complying with the National Environmental Policy Act (NEPA), and other related federal environmental impact analyses requirements in the use of these grant funds. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a sub - recipient, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (i) listed on or eligible for listing on the National Register of Historic Places or (ii) located within a 100 -year flood plain; c. A renovation, lease, or any other proposed use of a building or facility that will either (i) result in a change in its basic prior use or (ii) significantly change its size; and d. Implementation of a new program involving the use of chemicals other than chemicals that are (i) purchased as an incidental component of a funded activity and (ii) traditionally used, for example, in office, household, recreational, or education environments. 14. The grantee agrees that it and all its contractors will comply with the following federal civil rights laws as applicable: ■ Title V1 of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in the delivery of services (42 U.S.C. § 2000d), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart C; Revised 12 -2018 • The Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in the delivery of services and employment practices (42 U.S.C. § 3789d(c)(1)), and the DOJ implementing regulations at 2.8 C.F.R. Part 42, Subpart D; • Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (29 U.S.C. § 794), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G; • Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (42 U.S.C. § 12132), and the DOJ implementing regulations at 28 C.F.R. Part 35; • Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities (20 U.S.G. § 1681), and the DOJ implementing regulations at 28 C.F.R. Part 54; • The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services (42 U.S.C. § 6102), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart 1; and • The DOJ regulations on the Equal Treatment for Faith -Based Organizations, which prohibit discrimination on the basis of religion in the delivery of services and prohibit organizations from using DOJ funding for inherently religious activities (28 C.F.R. Part 38). • The Juvenile Justice and Delinquency Prevention Act of 1974, as amended, which prohibits discrimination in both employment and the delivery of services or benefits based on race, color, national origin, religion, and sex in JJDPA- funded programs or activities (42 U.S.C. § 5672(b)). • Section 1407 of the Victims of Crime Act (VOCA), as amended, which prohibits discrimination in both employment and the delivery of services or benefits on the basis of race, color, national origin, religion, sex, and disability in VOCA- funded programs or activities. (42 U.S.C. § 10604). 15. The grantee agrees that in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 16. The grantee agrees to forward a copy to the DCJS of the grantee's scheduled financial statement audit for the fiscal year that covers the grant award period. If the subgrantee is a local government or non -profit organization and expends $750,000 or more in federal awards during its fiscal year, the subgrantee is required to provide the appropriate single or program specific audit in accordance with the provisions outlined in 2CFR Part 200 Subpart F. 17. The grantee understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJJP Training Guiding Principles for Grantees and Sub grantees available at hM: / /www ojp usdoi.gov s ov/ funding /oiptrainingguidingprinciples htm 18. The grantee understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or the parents of legal guardians of such students. 19. The grantee understands and agrees that (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing of downloading of, and exchanging of pornography, and (b) Nothing in the subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities 1. Requirements of the award; remedies for non - compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ( " "OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ( "DO.1"), including OJP, also may take other legal action as appropriate. Revised 12 -2018 Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271 - 10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729 -3730 and 3801- 3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award. II. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements ") apply to this award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this award supplements funds previously awarded by ON under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ( "subgrants "), see the OJP website at https: / /oi .sp ov/ funding/ Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the grantee (and any subrecipient ( "subgrantee ") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF425), unless a different retention period applies -- and to which the grantee (and any subrecipient ( "subgrantee ") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award- related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. III. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at hgps: / /oip.j ov /financialguide/DOJ /index.htm), including any updated version that may be posted during the period of performance. The grantee agrees to comply with the DOJ Grants Financial Guide. IV. Requirements related to "de minimis" indirect cost rate A grantee that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. V. Requirement to report potentially duplicative funding If the grantee currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine Revised 12 -2018 whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify DCJS in writing of the potential duplication, and, if so requested by the agency, must seek a budget- modification or change -of- project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. VI. Requirements related to System for Award Management and Universal Identifier Requirements All grantees must maintain current registrations in the System for Award Management (SAM) database. The SAM database is the repository for standard information about federal financial assistance applicants, recipients, and sub - recipients. Organizations that have previously submitted applications via Grants.gov are already registered with SAM. Applicants must update or renew their SAM registration at least once a year to maintain active status. For assistance, please see the SAM website located at hitps: / /www.sam.gov. VII. Requirement to report actual or imminent breach of personally identifiable information (P11) The grantee (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M- 17 -12) if it (or a subrecipient) -- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant - funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A -130). The recipient's breach procedures must include a requirement to report actual or imminent breach of P11 to your DCJS Grant Monitor no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. VIII. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The grantee, and any subrecipient ( "subgrantee ") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and /or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide "). IX. Requirement for data on performance and effectiveness under the award The grantee must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to DCJS in the Performance Measurement Tool in the timeframe specified by DCJS in the program solicitation or other applicable written guidance. X. OJP Training Guiding Principles Any training or training materials that the grantee — or any subrecipient ( "subgrantee ") at any tier - develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https: / /ojR.gov /funding Implement/TrainingPrinciplesForGrantees- Subgrantees.htm. X1. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The grantee and any subrecipients ( "subgrantees ") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Revised 12 -2018 Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869 -4499 (phone) or (202) 616- 9881 (fax). Additional information is available from the DOJ OIG website at https://oip..iustice.gov/hotline. X1I. Noninterference (within the funded "program or activity ") with federal law enforcement: 8 U.S.C. 1373; ongoing compliance 1_ With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, agency, or official may prohibit or in any way restrict (1) any government entity or official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in 8 U.S.C. 1373(b). Any prohibition (or restriction) that violates this condition is an "information communication restriction" under this award. 2. Certifications from subrecipients. The grantee may not make a subaward to a State or local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the government or educational institution that would receive the subaward, using the appropriate form available at hgps: / /oil2 aov/ funding( Explore /SMIcCertifications -8USC 1373.htm. Also, the grantee must require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the government or institution that would receive the further subaward, using the appropriate OJP form. 3. The grantee's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the grantee, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 20. Prior to DCJS disbursing funds, the grantee must comply with the following special conditions: a) Submit budget and budget narrative that indicate a Consultant rate that does not exceed $650. Revised 12 -2018 r COMMONWEALTH of VIRGINIA Department of Criminal Justice Services Shannon Dion NOTICE Director To: Grants Project Administrator From: Albert Stokes, Grants Manager Re: Post Award Instructions and Reporting Requirements PLEASE READ VERY CAREFULLY 1100 Bank Street Richmond, Virginia 23219 (804) 786 -4000 ❑ GRANT A WARD AND SPECIAL CONDITIONS: Please review your Award and Special Conditions very carefully. Pay attention to the last Special Condition listed This Special Condition may require additional documentation from you before grant funds can be released Sign and date the Grant Award /Acceptance (SOGA) and submit it electronically with any Special Condition documentation using the email address below: grantsmgmtAdeis.virginia.gov ❑ REPORTING REQUIREMENTS By accepting the accompanying grant award, you are agreeing to submit online quarterly progress and financial reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this provision. Financial reports and progress reports* are due no later than the close of business on the 12' working day after the end of the quarter ( *except PAPIS Pre- and Post- Incarceration Services reports, which are due by the last working day of the end of the following month). Also, V -STOP progress reports are submitted on semi - annual basis 12'h working day after 6130 and 12131 quarters. Reports are required even if no expenditures have occurred during the quarter. Requests for Funds will not be honored from grant.. recipients who do not fulfill this reporting obligation. A schedule of due dates is also attached for your reference. Criminal Justice Services Board • Committee on Training • Advisory Committee on Juvenile Justice and Prevention Advisory Committee to the Court Appointed Special Advocate and Children's Justice Act Programs Advisory Committee on Sexual and Domestic Violence - Private Security Services Advisory Board www.dcjs. virginia. gov Page 2 of 2 ❑ PROGRESS REPORTS Refer to our website: http• / /www dcis.vir inia.sov/ for submitting progress reports through the online Grants Management Information System (GMIS). In order to use this web -based system, if you have not_previously done so you must obtain a user name and password set uv by your Finance Officer whose name and contact information is listed on the attached Grant Statement of Award/Acceptance. Paper copy of progress reports are no longer accented. You are required to use the online system to submit your progress reports. ❑ FINANCIAL REPORTS Refer to our website: h•//www. dck.virginia.gov/ for submitting financial reports through the ttn online Grants Management Information System (GMIS). In order to use this web -based system, if you have not previously done so, you must obtain a user name and password set up by your Finance Officer, whose name and contact information is listed on the attached Grant Statement of Award/Acceptance. Paper copies of the financial reports are no longer accepted. You are required to use the online system in reporting our expen&tures The address is: ht : /Iwww.dc's.vir inia. ov/ antsAdministrationl tshndex. ?menuLevel =4 ❑ REQUESTING GRANT FUNDS Refer to our website; ht / /www dc�s.virginia.ov/ for requesting funds through our online Grants Management Information System (GMIS). In order to use this web -based system, if you have not previously done so, you must obtain a user name and password set up by your Finance Officer, whose name and contacVinformation is listed on the attached Grant Statement of Award /Acceptance. *Please note you can access this system using the same password assigned for the online financial reporting system. The address is htt : / /www.dc's.vir inia. ov/ antsAdministration/ mis/index.cfm ?menuLevel =4. You are required to use the online system for requesting funds. ❑ BUDGET AMENDMENTS Budgets can be amended in most DCJS grant programs with prior approval. Please review your Special Conditions carefully to determine the requirements and procedures for amending budgets. Refer to our website at htto• /hvww dcis.virginia.lsov/ for the online Grants Management Information System. *Please note again that you can access this system using the same password assigned for the online financial reporting system. Paper copies of Bud et Amendments are no Ion er accepted You are re uired to use the online system for submitting budget amendments. Updated 07/2019 PROJECTED DUE DATES FINANCIAL & PROGRESS REPORTS Reports are due by the 12th working dayfollowing the close of the quarter covered in the report. Financial reports are required even if no expenditures have occurred. Please contact the appropriate DCJS staff person if you need assistance with the following: • Financial Renorts and Request for Funds — DCJS Financial Services Manager, Bill Dodd, at 804/371 -0638 or bill dodd dcjs.virginia.gov • GMIS — Complete and send an email to grantsweb(a dcjs.virginia.ov citing the error message received, to requesi assistance from the GMIS IT Specialist, DeAndrea Williams. • Progress Reports and Other Requests — your assigned DCJS Grant Program Monitor. If you have general questions, please contact Virginia Sneed at (804) 786 -5491 or by e -mail at virginia.sneed @dcjs.virginia.gov. general programs 11/18 O� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2019. No. 41360- 012219. A RESOLUTION accepting the donation of funds from a citizen who wishes to remain anonymous be applied toward the prevention of Crime; authorizing the City Manager to take such further actions and execute all documents as may be necessary to obtain, accept, implement, administer such donation; and expressing the City's appreciation for such donation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation from a citizen who wishes to remain anonymous of $10,000 to the City, in accordance with the recommendation contained in the City Council Agenda Report dated January 22, 2019. 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, administer, and use such donation, with any such documents being approved as to form by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City to this individual for this generous donation to assist with crime prevention as described above. R - Anonymous Donation for Crime Prevention. doe ATTEST: �--- City Clerk. -1((*11. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41361 -- 012219. AN ORDINANCE appropriating funding from Anonymous donations to support crime prevention and community outreach programs, 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 Special Projects Revenues Crime Prevention Donation Fund FY17 35- 640 - 3673 -2034 $ 10,000 35- 640 - 3673 -3673 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 129--- W) . Cit; Clerk CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: Anonymous Donation - Crime Prevention Fund Background: The Roanoke Police Department has received an anonymous donation in the amount of $10,000. It was the request of the donor that this be applied to the Crime Prevention Donations account. This funding will be used to support a wide variety of popular police department programs. Examples of some of the programs and programming areas that will be supported with this donation include: Shop with a Cop, Senior Sidekicks, Domestic Violence Awareness, Hispanic Community Outreach, Child Safety Seats, Growth Through Opportunity, Violence Prevention, Cops Camp and Children's Gun Safety. No local match funding is required for this donation. Recommended Action: Accept the donation as described above and authorize the City Manager to execute the donation agreement 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 $10,000 and appropriate funding in the same amount into accounablished 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 Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41362- 012219. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Sample Avenue /Crown Point Road, SE Stormwater Drainage Improvement Project (Project); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights, to include permanent easements of variable length and width, temporary easements, and such other real property interests as needed, as set forth in the City Council Agenda Report dated January 22, 2019, for the Project, located along the Crown Point Road, S.E., Roanoke, Virginia corridor, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s), and such other real property interests needed for the Project, for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. 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. 0-authorize acquis of prop rights - Sample Ave /Crown Point Rd, SE Stormwater Drainage Improvements Project (1 .22-19) CIL AGENDA REPORT CITY COUN To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: Acquisition of Real Property Rights for Stormwater Drainage Improvement Project - Sample Avenue / Crown Point Road, SE Background: As part of the FY 2019 Capital Improvement Program, City Council appropriated $2 million for stormdrain improvement projects. These appropriated funds will be matched with $1.61 million in Virginia Department of Transportation Revenue Sharing funds plus an additional $1,000,000 in Stormwater Utility operating funds. One of the projects to be funded by this combined FY 2019 funding appropriation is the Stormwater Drainage Improvement Project - Sample Avenue / Crown Point Road, S.E., which includes a combination of stormdrain, inlets and associated piping, concrete curbs and entrances, and public sidewalks. This neighborhood lacks stormwater conveyance systems in some areas evidenced by flooding affecting private properties primarily along the Crown Point Road corridor. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from various private property owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Stormwater Drainage Improvements Project- Sample Avenue / Crown Point Road, S.E. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights will be available in project account 03- 530 - 3041 -9050 Stormwater Utility. Along with rights of access, permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect seven properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified to date are as follows: Tax Map Parcel Address Owner Required Property Rights Number 4260202 2707 Sample Ave., Glenn Wayne Public Right -of -Way S.E. Shepherd 4260203 2713 Sample Ave., John E. Haas Public Right -of -Way S.E. 4260204 2725 Sample Ave., Christopher M. Adkins and Public Right -of -Way S E Kristin R. Adkins 4260205 2717 Sample Ave., Christopher C. Holifield and Public Right -of -Way S E Amanda K. Reece 4190115 1 184 Crown Point Crystal L. Cawley Temporary Construction Easement Rd., S.E. 4190900 2801 Garden City Crown Point Condos Common Temporary Construction Easement Blvd., S.E. Element 4190216 2802 Sample Ave., Kenneth W. Graves and Temporary Construction Easement S E Virginia G. Graves Recommended Action: Authorize the acquisition of any and all real property rights needed to construct the proposed Stormwater Drainage Improvement Project - Sample Avenue / Crown Point Road, S.E., including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. - - - - - -- Y - - -- ----- - - - - -- Robert S`: Cowel ' jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Acting Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Utility Manager Christopher L. Yow, Stormwater CIP Program Manager Joseph Judy, Civil Engineer I, L.A. ENV SP Cassandra L. Turner, Economic Development Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41363- 012219. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Hollowell Avenue, S.W. Stormwater Drainage Improvement Project (Project); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights, to include permanent easements of variable length and width, temporary easements, and such other real property interests as needed, as set forth in the City Council Agenda Report dated January 22, 2019, for the Project, located along the Hollowell Avenue, S.W., Roanoke, Virginia corridor, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s), and such other real property interests needed for the Project, for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 0-authorize acquis of prop rights - Hollowell Ave, SW Stormwater Drainage Improvements Project (1.22.19) 2 G~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: Acquisition of Real Property Rights for Stormwater Drainage Improvement Project - Hollowell Ave., S.W. Background: As part of the FY 2019 Capital Improvement Program, City Council appropriated $2 million for stormdrain improvement projects. These appropriated funds will be matched with $1.61 million in Virginia Department of Transportation Revenue Sharing funds plus an additional $1,000,000 in Stormwater Utility operating funds. One of the projects to be funded by this combined FY 2019 funding appropriation is the Stormwater Drainage Improvement Project - Hollowell Ave., S.W., which includes a combination of stormdrain inlets and associated piping, concrete curbs and entrances, and public sidewalks. This neighborhood lacks stormwater conveyance systems in some areas evidenced by flooding affecting private properties primarily along the Hollowell Ave., S.W. corridor. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from various private property owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Stormwater Drainage Improvements Project- Hollowell Ave., S.W. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights will be available in project account 03- 530 - 3010 -8357 Stormwater Utility. Along with rights of access, permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect seven properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified to date are as follows: Tax Map Address Owner Required Property Rights Parcel Number 3027 Hollowell Ave., Mac Broussard, Jr. 1650938 and Dianne E. Permanent Drainage Easement S.W. Dillin 1650939 3026 Hollowell Ave., Alberta G. Permanent Drainage Easement S.W. Richards 1650903 3034 Brambleton JSBone LLC Permanent Drainage Easement Ave., S.W. Recommended Action: Authorize the acquisition of any and all real property rights needed to construct the proposed Stormwater Drainage Improvement Project - Hollowell Ave., S.W., including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. - - - - -- --.------------ - -- Robert S'CoweII. Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager Michael Venable, Civil Engineer I, Cassandra L. Turner, Economic Development Specialist David L. Collins, Assistant City Attorney 2 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov CECELIA F. MCCOY Deputy City Clerk January 24 2019 CECELIA T. WEBB, CMC y Assistant Deputy City Clerk Kevin Price, General Manager Valley Metro P. O. Box 13247 Roanoke, Virginia 24032 Dear Mr. Price: I am enclosing copy of Resolution No. 41364- 012219 approving of the disposition of Campbell Court as set forth in the Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia ( "City ") and Greater Roanoke Transit Company ( "GRTC ") ( "City and GRTC Exchange Agreement'), as recommended by the GRTC Board; ratifying, approving, and authorizing the actions of the GRTC Board to (i) authorize the President and General Manager of GRTC to execute the City and GRTC Exchange Agreement; and (ii) authorize the President and /or General Manager to execute such further documents and take such further actions as may be necessary to accomplish the sale of real property and the acquisition of real property; and authorizing the City Manager or the Mayor to execute a certification that the City, as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed City and GRTC Exchange Agreement. The abovementioned resolution was adopted by the Council, as the Sole Stockholder of GRTC, at a special meeting held on Tuesday, January 22, 2019. Sincerely, Stephanie M. Moon Reynolds, MC City Clerk Enclosure PC: Robert S. Cowell, Jr., City Manager Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Troy A. Harmon, Municipal Auditor Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Kevin Price, General Manager Valley Metro January 24, 2019 Page 2 Laura Carini, Assistant City Attorney Ronnie Parker, Assistant General Manager, Valley Metro Mark Jamison, Board Member, GRTC R. B. Lawhorn, Board Member, GRTC Karen Michalski - Karney, Board Member, GRTC Richard "Pete" Peters, Board Member, GRTC Melinda J. Payne, Board Member, GRTC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41364- 012219. A RESOLUTION approving of the disposition of Campbell Court as set forth in the Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia ( "City ") and Greater Roanoke Transit Company ( "GRTC ") ( "City and GRTC Exchange Agreement "), as recommended by the GRTC Board; ratifying, approving, and authorizing the actions of the GRTC Board to (i) authorize the President and General Manager of GRTC to execute the City and GRTC Exchange Agreement; and (ii) authorize the President and /or General Manager to execute such further documents and take such further actions as may be necessary to accomplish the sale of real property and the acquisition of real property; and authorizing the City Manager or the Mayor to execute a certification that the City, as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed City and GRTC Exchange Agreement. WHEREAS, the Board of GRTC recommended to the GRTC Stockholder that the GRTC Stockholder approve, ratify, and authorize the disposition of Campbell Court as set forth in the City and GRTC Exchange Agreement, the acquisition of the GRTC Relocation Parcels as set forth in the City and GRTC Exchange Agreement, and approve GRTC entering into the proposed City and GRTC Exchange Agreement for the sale of Campbell Court to the City and the acquisition of the GRTC Relocation Parcels by GRTC and to take all steps necessary to effectuate the transactions contemplated in the City and GRTC Exchange Agreement, including, without limitation, the sale and exchange of Campbell Court to the City by Special Warranty Deed and the acquisition of the GRTC Relocation Parcels by GRTC pursuant to a Special Warranty Deed from the City, all as further set forth in the Letter from the City Attorney dated January 22, 2019, to the City Council; WHEREAS, under applicable provisions of State Code, the City, as the sole Stockholder of GRTC, must approve the recommendation of the GRTC Board to dispose of Campbell Court as set forth in the City and GRTC Exchange Agreement; WHEREAS, the City has negotiated an agreement under which the City will acquire four parcels of real property to relocate the GRTC central transit transfer facility from Campbell Court (collectively, the "GRTC Relocation Parcels ") described as (i) 0 Salem Avenue, S.W., Roanoke, known as Official Tax Map No. 1010113, and 325 Salem Avenue, S.W., Roanoke, Virginia, known as Official Tax Map No. 1010115, owned by Brandon, Woody and Booker LLC; and (ii) 0 Salem Avenue, S.W., Roanoke, known as Official Tax Map No. 1010121, and 0 Salem Avenue, S.W., Roanoke, Virginia, known as Official Tax Map No. 1010122, owned by The Brandon Company, Incorporated, for the sum of $2,185,000 (the "GRTC Relocation Parcels Agreement ") and City Council adopted Ordinance No. 41345- 010719, on January 7, 2019, to authorize the City to execute, deliver, and perfonn the GRTC Relocation Parcels Agreement; WHEREAS, GRTC staff and City staff have negotiated a proposed City and GRTC Exchange Agreement that provides, subsequent to the acquisition of the GRTC Relocation Parcels by the City under the GRTC Relocation Parcels Agreement, for the transfer of the GRTC Relocation Parcels from the City to GRTC in exchange for the transfer of Campbell Court, consisting of 13 parcels within the City, together with improvements thereon, situated at 29 Campbell Avenue, S.W., Roanoke, Virginia and 30 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117 1011118, 1011119, 1011120, 1011122, and 1011129 (collectively, "Campbell Court"), from GRTC to the City; all as more particularly described in the proposed 2 City and GRTC Exchange Agreement and the Letter from the City Attorney dated January 22, 2019; and WHEREAS, pursuant to applicable laws of the Commonwealth of Virginia, the disposition of Campbell Court by GRTC pursuant to the City and GRTC Exchange Agreement, must be approved by the GRTC Stockholder. THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke as follows: 1. The City Council, on behalf of the City as stockholder of GRTC, finds and determines that the City and GRTC Exchange Agreement is in the best interests of GRTC and its stockholder in providing GRTC with a new transportation center and allows GRTC to dispose of Campbell Court for uses other than bus transportation services; and approves the execution, delivery, and performance, by GRTC, of the City and GRTC Exchange Agreement. 2. In accordance with the Articles of Incorporation and Bylaws of GRTC and applicable laws of the Commonwealth of Virginia, including without limitation, Section 13.1- 724, Code of Virginia (1950), as amended, the City Council, on behalf of the City as stockholder of GRTC, approves of the disposition of Campbell Court as set forth in the City and GRTC Exchange Agreement, as recommended by the GRTC Board. 3. The City Council, on behalf of the City as stockholder of GRTC, ratifies, approves, and authorizes the actions of the GRTC Board to: (i) authorize the President and the General Manager to execute the proposed City and GRTC Exchange Agreement, which proposed agreement includes the transfer of Campbell Court from GRTC to the City. Such City and GRTC Exchange Agreement shall be approved as to forin by GRTC's General Counsel. 3 (ii) authorize the President and the General Manager to execute such further documents, including a Special Warranty Deed of Conveyance from GRTC transferring Campbell Court to the City in accordance with the terms of the City and GRTC Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the sale and transfer of Campbell Court to the City. (iii) authorize the President and the General Manager to execute such further documents, including the acceptance of a Special Warranty Deed of Conveyance from the City for the sale and transfer of the GRTC Relocation Parcels to GRTC in accordance with the terms of the City and GRTC Exchange Agreement and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the acquisition of the GRTC Relocation Parcels by GRTC. 4. The City Council authorizes the City Manager and /or the Mayor to execute a certification that the City, as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed City and GRTC Exchange Agreement. Date. ATTEST: '-City Clerk 0 CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 Daniel J. Callaghan TELEPHONE 540- 853 -2431 City Attorney FAX 540- 853 -1221 January 22, 2019 The Honorable Sherman M. Lea, Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas L. Barber Assistant City Attorneys Re: Special Meeting of Stockholder of Greater Roanoke Transit Company to Consider Sale of Campbell Court to the City of Roanoke, Virginia and Acquisition of Real Estate to Construct a New Transportation Center within the City Dear Mayor Lea and Members of Council: Background Pursuant to the authority set forth in the Charter of the City of Roanoke and applicable provisions of the Code of Virginia, the City created Greater Roanoke Transit Company ( "GRTC ") and established GRTC to provide bus transportation services for the public. GRTC owns the City's transportation center, known as Campbell Court and more particularly described below, and GRTC desires to construct a new transportation center within the City. The City is the sole Stockholder of GRTC. The City has negotiated an agreement under which the City will acquire four parcels of real estate to relocate the GRTC central transit transfer facility from Campbell Court (collectively, the "GRTC Relocation Parcels ") and described as: (i) 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 10 10 113; and 325 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010115, owned by Brandon, Woody and Booker LLC; and (ii) 0 Salem Avenue, S.W., Roanoke Virginia, bearing Official Tax Map No. 1010121; and 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010122, owned by The Brandon Company, Incorporated for the sum of $2,185,000 (the "GRTC Relocation Parcels Agreement "). The GRTC Relocation Parcels Agreement allows the City and GRTC to conduct inspections of the GRTC Relocation Parcels, including environmental, geotechnical, and title, to confirm the suitability of the GRTC Relocation Parcels for use and operation of a central transit transfer facility for GRTC. The GRTC Relocation Parcels Agreement is subject to approval by the Federal Transit Administration ( "FTA "). The GRTC Relocation Parcels Agreement contemplates a closing by June 30, 2019. City Council adopted Ordinance No. 41345 - 010719, on January 7, 2019, to authorize the City to execute, deliver, and perfortu the GRTC Relocation Parcels Agreement. Subsequent to the City acquiring the GRTC Relocation Parcels, the attached proposed agreement provides for the transfer of the GRTC Relocation Parcels from the City to GRTC in exchange for the transfer of Campbell Court, consisting of 13 parcels within the City, together with improvements thereon, situated at 29 Campbell Avenue, S.W. and 30 Salem Avenue, S.W., Roanoke, VA 24011, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, from GRTC to the City. Such exchange is more particularly described in a proposed Agreement for the Exchange of Real Estate between the City and GRTC (the "City and GRTC Exchange Agreement "). The proposed City and GRTC Exchange Agreement is contingent on (i) the City's acquisition of the GRTC Relocation Parcels; and either (ii) construction of a temporary central transit transfer facility by GRTC on the GRTC Relocation Parcels if the City and Hist:Re Partners LLC ( "Developer ") proceed with an agreement involving the redevelopment of Campbell Court by Developer and the acquisition and development of a passenger rail facility by the City ( "City and Developer Exchange Agreement "); or (iii) construction of a permanent central transit transfer facility if the proposed City and Developer Exchange Agreement terminates during the inspection periods set forth in that agreement. The proposed City and GRTC Exchange Agreement is subject to (a) approval by City Council following a public hearing; (b) approval by the GRTC Board of Directors; (c) approval by the City as stockholder of GRTC; and (d) approval by FTA. The closing of this transaction is dependent upon whether the proposed transaction between the City and Developer is finalized. If finalized, the closing could occur in 2019 or 2020. If that transaction does not occur, the closing would occur after construction of the permanent facility is completed; likely in 2020 or 2021. The proposed City and GRTC Exchange Agreement was considered by the GRTC Board of Directors at its regular meeting on January 22, 2019 at 1:00 p.m. The Board recommended to the GRTC Stockholder that the GRTC Stockholder approve, ratify, and authorize the disposition of Campbell Court as set forth in the City and GRTC Exchange Agreement, the acquisition of the GRTC Relocation Parcels as set forth in the City and GRTC Exchange Agreement, and approve GRTC entering into the proposed City and GRTC Exchange Agreement for the sale of Campbell Court to the City and the acquisition of the GRTC Relocation Parcels by GRTC and to take all steps necessary to effectuate the transactions contemplated in the City and GRTC Exchange Agreement, including, without limitation, the sale and exchange of Campbell Court to the City by Special Warranty Deed and the acquisition of the GRTC Relocation Parcels by GRTC pursuant to a Special Warranty Deed from the City. Under applicable provisions of State Code, the City, as the sole Stockholder of GRTC, must approve the recommendation of the GRTC Board to dispose of Campbell Court as set forth in the City and GRTC Exchange Agreement. The proposed City and GRTC Exchange Agreement is under consideration by City Council following a public hearing scheduled for January 22, 2019 at 7:00 p.m. or as soon thereafter as the matter may be heard. Recommendation Based on the foregoing, I recommend that Council authorize the City, as stockholder of GRTC, to: Find and determine that the City and GRTC Exchange Agreement is in the best interests of GRTC and its stockholder in providing GRTC with a new transportation center and allows GRTC to dispose of Campbell Court for uses other than bus transportation services. In accordance with the Articles of Incorporation and Bylaws of GRTC and applicable laws of the Commonwealth of Virginia, including without limitation, Section 13.1 -724, Code of Virginia (1950), as amended, approve of the disposition of Campbell Court as set forth in the City and GRTC Exchange Agreement, as recommended by the GRTC Board. Ratify, approve, and authorize the actions of the GRTC Board to: (i) authorize the President and the General Manager to execute the proposed City and GRTC Exchange Agreement, which proposed agreement includes the transfer of Campbell Court from GRTC to the City. Such City and GRTC Exchange Agreement shall be approved as to form by GRTC's General Counsel. (ii) authorize the President and the General Manager to execute such further documents, including a Special Warranty Deed of Conveyance from GRTC transferring Campbell Court to the City in accordance with the terms of the City and GRTC Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the sale and transfer of Campbell Court to the City. (iii) authorize the President and the General Manager to execute such further documents, including the acceptance of a Special Warranty Deed of Conveyance from the City for the sale and transfer of the GRTC Relocation Parcels to GRTC in accordance with the terms of the City and GRTC Exchange Agreement and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the acquisition of the GRTC Relocation Parcels by GRTC. Authorize the City Manager and /or the Mayor to execute a certification that the City, as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed City and GRTC Exchange Agreement. Attached to this letter is a resolution that will authorize these actions. Please let me know if you have questions. Sincerely, aniel J. aghan Roanoke C Attorn c: Robert S. Cowell, Jr., City Manager Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Stephanie M. Moon Reynolds, City Clerk Troy A. Harmon, Municipal Auditor Amelia C. Merchant, Director of Finance Laura M. Carim, Assistant City Attorney Kevin L. Price, General Manager, GRTC CERTIFICATION OF STOCKHOLDER OF GREATER ROANOKE TRANSIT COMPANY The City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, being the sole stockholder of Greater Roanoke Transit Company, a Virginia corporation (GRTC), pursuant to Resolution No. - 012219, adopted by City Council on January 22, 2019, hereby: (i) Finds and determines that the Agreement for the Exchange of Real Estate between the City and GRTC (the "City and GRTC Exchange Agreement') is in the best interests of GRTC and its stockholder in providing GRTC with a new transportation center and allows GRTC to dispose of Campbell Court for uses other than bus transportation services, and the Board approves the execution, delivery, and performance, by GRTC, of the City and GRTC Exchange Agreement all as more particularly described in the proposed City and GRTC Exchange Agreement and the Letter from the City Attorney to the City Council dated January 22, 2019. (ii) In accordance with the Articles of Incorporation and Bylaws of GRTC and applicable laws of the Commonwealth of Virginia, including without limitation, Section 13.1 -724, Code of Virginia (1950), as amended, approves of the disposition of Campbell Court as set forth in the City and GRTC Exchange Agreement, as recommended by the GRTC Board. (iii) Ratifies, approves, and authorizes the actions of the GRTC Board to: a. authorize the President and the General Manager to execute the proposed City and GRTC Exchange Agreement, which proposed agreement includes the transfer of Campbell Court from GRTC to the City. Such City and GRTC Exchange Agreement shall be approved as to form by GRTC's General Counsel. b. authorize the President and the General Manager to execute such further documents, including a Special Warranty Deed of Conveyance from GRTC transferring Campbell Court to the City in accordance with the terms of the City and GRTC Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the sale and transfer of Campbell Court to the City. c. authorize the President and the General Manager to execute such further documents, including the acceptance of a Special Warranty Deed of Conveyance from the City for the sale and transfer of the GRTC Relocation Parcels to GRTC in accordance with the terms of the City and GRTC Exchange Agreement and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the acquisition of the GRTC Relocation Parcels by GRTC. Dated this 22nd day of January, 2019 CITY OF ROANOKE, VIRGINIA By: Robert S. Cowell, Jr., City Manager 0A And By: Sherman P. Lea, Sr., Mayor Approved as to form: Daniel J. Callaghan, Roanoke City Attorney DRAFT DATE: January 14, 2019 AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE, VIRGINIA AND GREATER ROANOKE TRANSIT COMPANY THIS AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE, VIRGINIA AND GREATER ROANOKE TRANSIT COMPANY ( "Agreement ") is made this day of January, 2019, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "City "), and GREATER ROANOKE TRANSIT COMPANY, a Virginia corporation ( "GRTC "). RECITALS A. GRTC is the owner of thirteen (13) parcels of real property, together with buildings and improvements thereon, situated in Roanoke, Virginia, known as Campbell Court, and being more particularly described in Exhibit A attached hereto and made a part hereof ( "Campbell Court"). B. GRTC, a corporation in which the City is the sole stockholder, provides bus transportation services to the public throughout the areas of the City of Roanoke, the City of Salem, and the Town of Vinton. Campbell Court serves as the central bus transit facility for all such bus transportation services. C. GRTC is interested and desires in relocating its central bus transit facility from Campbell Court. D. The City is interested in acquiring Campbell Court for future potential development as proposed in an agreement between the City and Hist:Re Partners, LLC, a Virginia limited liability company ( "Developer "), as more particularly described in an Agreement dated January , 2019, ( "City and Developer Exchange Agreement "), or other development opportunities if the transactions contemplated by the City and Developer Exchange Agreement are not consummated. E. GRTC is willing to sell Campbell Court and relocate its central bus transit facility within the City of Roanoke provided the transaction does not disrupt the daily bus transit operations of GRTC. F. The City has entered into an agreement with the GRTC Relocation Parcels Owners of four (4) parcels of real property, together with improvements thereon, situated in Roanoke, Virginia and more particularly described in Exhibit B attached hereto and made a part hereof, ( "GRTC Relocation Parcels "), to acquire the GRTC Relocation Parcels for the purposes of relocating GRTC's central bus transit facility from Campbell Court. G. The City proposes to acquire the GRTC Relocation Parcels; and either (1) allow GRTC to construct a Temporary Transit Facility at the GRTC Relocation Parcels; and, upon completion of the Temporary Transit Facility, transfer and exchange all of the City's rights, title, DRAFT DATE: January 14, 2019 and interest in the GRTC Relocation Parcels to GRTC in exchange for the transfer and exchange of all of GRTC's rights, title and interest in Campbell Court; or (2) allow GRTC to construct the Permanent Transit Facility at the GRTC Relocation Parcels and, upon completion of the Permanent Transit Facility, transfer and exchange all of the City's rights, title, and interest in the GRTC Relocation Parcels to GRTC in exchange of all of GRTC's rights, title, and interest in Campbell Court. H. Subject to the terms and conditions of this Agreement, (i) the City is willing to sell, convey, and transfer all of the City's rights, title, and interest in the GRTC Relocation Parcels to GRTC, (ii) GRTC is willing to acquire the GRTC Relocation Parcels from the City, (iii) GRTC is willing to sell, convey, and transfer all of GRTC's rights, title, and interest in Campbell Court to the City, and (iv) the City is willing to acquire the Campbell Court from GRTC. I. The City and GRTC agree to set forth their agreements and understandings in accordance with this Agreement. THEREFORE, based upon the mutual covenants, agreements, and understandings set forth in this Agreement, including the Recitals set forth above and which Recitals are incorporated herein and constitute a material part of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the City and GRTC agree as follows: ARTICLE I DEFINITIONS All capitalized terms, not otherwise defined in this Agreement, shall have the following meanings: 1.1 Agreement shall mean this Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Greater Roanoke Transit Company. 1.2 Applicable Law shall mean all federal, state, and local laws, rules, regulations, or ordinances that affect or otherwise apply to the transactions contemplated by this Agreement. 1.3 Approvals shall mean all licenses, permits, and other approvals under Applicable Law required or deemed necessary to develop, construct, operate, and maintain the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement. 1.4 Business Days shall mean a Day or Days other than a Saturday, Sunday, or a holiday established under the laws of the United States of America or the Commonwealth of Virginia. 2 DRAFT DATE: January 14, 2019 1.5 Campbell Court shall mean those certain parcels of real estate together with buildings and improvements thereon, owned by GRTC, and more particularly described in Exhibit A attached hereto and made a part hereof. 1.6 Campbell Court Deed shall mean the special warranty deed from GRTC to the City conveying title of Campbell Court to the City. 1.7 Campbell Court Purchase Price shall mean the execution, delivery, acceptance and recording of the GRTC Relocation Parcels Deed to effectuate the transfer of the GRTC Relocation Parcels by the City to GRTC. 1.8 Certificate of Occupancy shall mean the permanent certificate issued by the City of Roanoke's Department of Planning, Building and Development which authorizes GRTC to use, occupy, and operate the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement, at the GRTC Relocation Parcels. 1.9 City shall mean the City of Roanoke, Virginia, a Virginia municipal corporation. 1.10 City and Developer Exchange _Agreement shall mean the agreement between the City and Developer dated January , 2019, under which agreement the City would sell and transfer all of the City's rights, title, and interest in Campbell Court to Developer; and Developer would sell and transfer all of Developer's rights, title, and interest in the Future Rail Station Parcels to the City. 1.11 City's Approval Period shall mean the period of 90 Days beginning after the expiration of the City's Inspection Period. 1.12 Cites Inspection Period shall mean the period of 180 Days after the Effective Date. 1.13 City Manager shall mean the person appointed by the Roanoke City Council as City Manager or the person designated by City Manager to act on behalf of the City Manager. 1.14 Closing shall mean the date on which the transactions contemplated by this Agreement for (i) the transfer of Campbell Court to the City, and (ii) the transfer of the GRTC Relocation Parcels to GRTC. 1.15 Days or Days shall mean a calendar day beginning and ending at the prevailing time in Roanoke, Virginia. 1.16 Developer shall mean Hist:Re Partners, LLC, a Virginia limited liability company. 1.17 Effective Date shall mean the date set forth at the beginning of this Agreement. 3 DRAFT DATE: January 14, 2019 1.18 Future Rail Station Facility shall mean the facility to be improved by the City located on the Future Rail Station Parcels and at which facility services for passengers of rail transportation will be provided. 1.19 Future Rail Station Parcels shall mean those parcels of real property, together with improvements thereon, situated in Roanoke, Virginia, and more particularly described in Exhibit C attached hereto and made a part hereof. 1.20 Future Rail Station Parcels Owner shall mean T -W Properties, a Virginia partnership. 1.21 Government Entity shall mean any federal, state, or local governmental body, agency, board or commission. 1.22 GRTC shall mean Greater Roanoke Transit Company, a Virginia corporation. 1.23 GRTC Relocation Expenses Payment shall mean the sum of Five Hundred Thousand Dollars ($500,000.00) to be paid by Developer to the City in accordance with Section 3.2 of the City and Developer Exchange Agreement. 1.24 GRTC Relocation Parcels shall mean those parcels of real property, together with improvements thereon, described in Exhibit B attached hereto and made a part hereof. 1.25 GRTC Relocation Parcels Agreement shall mean that agreement by and among the City and the GRTC Relocation Parcels Owners dated January _, 2019, under which the City will purchase and acquire all rights, title, and interests of the GRTC Relocation Parcels Owners in the GRTC Relocation Parcels. 1.26 GRTC Relocation Parcels Closing Date shall mean the date on which the City acquires the GRTC Relocation Parcels pursuant to the terms of the GRTC Relocation Parcels Agreement which date shall be no later than June 30, 2019, unless otherwise extended under the terms of that agreement. 1.27 GRTC Relocation Parcels Deed shall mean the special warranty deed from the City to GRTC conveying title of the GRTC Relocation Parcels to GRTC. 1.28 GRTC Relocation Parcels Owners shall mean the owners of the GRTC Relocation Parcels identified in Exhibit B attached hereto and made a part hereof. 1.29 GRTC's Approval Period shall mean the period of 90 Days beginning after the expiration of GRTC's Inspection Period. 1.30 GRTC's Construction Right of Entry Agreement shall mean the agreement between the City and GRTC under which agreement the City grants to GRTC and its employees, contractors, and subcontractors, the rights to enter onto the GRTC Relocation Parcels and construct either (1) the Temporary Transit Facility, or (ii) the Permanent Transit Facility; as provided in Sections 4.2 and 4.3 of this Agreement. 4 DRAFT DATE: January 14, 2019 1.31 GRTC's Inspection Period shall mean the period of 180 Days after the Effective Date. 1.32 Parties shall mean the City and GRTC. 1.33 Party shall mean either the City or GRTC. 1.34 Permanent Transit Facility shall mean the permanent central bus transit facility to be constructed by GRTC at the GRTC Relocation Parcels in accordance with this Agreement. 1.35 Temporary Transit Facility shall mean the temporary central bus transit facility to be constructed by GRTC at the GRTC Relocation Parcels in accordance with this Agreement. 1.36 Title Company shall mean Fidelity National Title Insurance Company or any nationally recognized title insurance company (i) acceptable to the City with respect to Campbell Court; or (ii) acceptable to GRTC with respect to GRTC Relocation Parcels. ARTICLE II PRELIMINARY STATEMENT 2.1 GRTC desires to relocate its central bus transit facility from Campbell Court. The City desires to establish a Future Rail Station Facility in the area of Downtown Roanoke, proximate to the existing platform for passenger rail service within Roanoke. In furtherance of these desires, the City has entered into the following transactions: 2. 1.1 GRTC Relocation Parcels Agreement. Under the terms of the GRTC Relocation Parcels Agreement, the City proposes to acquire the GRTC Relocation Parcels by the GRTC Relocation Parcels Closing Date. The transactions contemplated in the GRTC Relocation Parcels Agreement are subject to certain conditions, including FTA Approval. Under the terms of the GRTC Relocation Parcels Agreement, the City may waive the requirement of FTA Approvals and acquire the GRTC Relocation Parcels for uses other than as a Temporary Transit Facility or a Permanent Transit Facility. 2.1.2 City and Developer Exchange Agreement. Under the terms of the City and Developer Exchange Agreement, the City proposes to transfer all of its rights, title, and interests in Campbell Court acquired by the City under this Agreement with Developer in exchange for the transfer of all of Developer's rights, title, and interest in the Future 5 DRAFT DATE: January 14, 2019 Rail Station Parcels. The transactions contemplated under the City and Developer Exchange Agreement are anticipated to close after the dates on which (i) the elections of the City and Developer to proceed with the transactions after completion of their respective inspections under the City and Developer Exchange Agreement are made; and (ii) closing of this Agreement under Section 12.1 hereof. 2.2 GRTC and the City intend to seek FTA Approvals for the relocation of the central bus transit operations from Campbell Court to the GRTC Relocation Parcels and, upon receipt of FTA Approvals, and satisfaction of all other applicable conditions and terms of this Agreement, the City and GRTC intend to execute GRTC's Construction Right of Entry Agreement to allow GRTC to construct the Permanent Transit Facility at the GRTC Relocation Parcels prior to Closing, in the event that the City and Developer Exchange Agreement is terminated for any reason 2.3 The City and GRTC agree to cooperate with each other in facilitating their mutual intents and objections as expressed and set forth in this Agreement. ARTICLE III PURCHASE AND SALE 3.1 Subject to the terms and conditions of this Agreement, GRTC agrees to sell, and the City agrees to purchase Campbell Court in its "as is" condition. 3.2 Subject to the terms and conditions of this Agreement, the City agrees to sell, and GRTC agrees to purchase the GRTC Relocation Parcels in their "as is" condition. ARTICLE IV RELOCATION OF GRTC OPERATIONS 4.1 Relocation of GRTC Operations. Under the terms of the City and Developer Exchange Agreement, Developer requires that the GRTC central bus transit operations be relocated from Campbell Court prior to the closing set forth in such agreement. As set forth in the Recitals and Article I1 of this Agreement, GRTC also desires to relocate its central bus transit facilities from Campbell Court. In either event, such relocation requires (i) the approval of the United States Department of Transportation, Federal Transit Administration (FTA); (ii) the acquisition of the GRTC Relocation Parcels by the City; and (iii) either the construction of the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement. GRTC and the City shall diligently pursue approval of FTA and acquisition of GRTC Relocation Parcels from the GRTC Relocation Parcels Owners. In the event that (i) FTA fails to provide the FTA Approvals as described and defined in Article VI, or (ii) the City r DRAFT DATE: January 14, 2019 is unable to acquire the GRTC Relocation Parcels by the GRTC Relocations Parcels Closing Date, this Agreement will automatically terminate and be of no further force or effect. 4.2 In the event that (i) Developer and the City elect to proceed with the City and Developer Exchange Agreement following completion of their respective inspections and due diligence; (ii) the Parties receive the FTA Approvals; (iii) Developer pays the GRTC Relocation Expenses Payment to the City; and (iv) the City acquires the GRTC Relocation Parcels, the City shall make available to GRTC the GRTC Relocation Expense Payment for use in the construction of the Temporary Transit Facility and the relocation of GRTC's central bus transit operations from Campbell Court to the Temporary Transit Facility. The City and GRTC shall enter into GRTC's Construction Right of Entry Agreement for the purpose of constructing the Temporary Transit Facility. GRTC shall procure construction services in accordance with Applicable Law and commence construction of the Temporary Transit Facility. 4.3 In the event that (i) Developer or the City elects to terminate the City and Developer Exchange Agreement as a result of their respective inspections, and pursuant to such agreement, Developer is not obligated to provide the GRTC Relocation Expense Payment to the City; (ii) the FTA Approvals are received; and (iii) the City acquires the GRTC Relocation Parcels, the City and GRTC shall enter into GRTC's Construction Right of Entry Agreement for the purpose of constructing the Permanent Transit Facility. GRTC shall procure construction services in accordance with Applicable Law and commence construction of the Permanent Transit Facility. ARTICLE V RIGHT OF ENTRY AND INSPECTION PERIODS PRIOR TO CLOSING 5.1 City's Right of Inspection 5.1.1 The City shall complete the City's due diligence review of Campbell Court during the City Inspection Period. Should the City determine during the City Inspection Period that it is not satisfied with Campbell Court or any characteristics thereof for any reason whatsoever, in the City's sole and absolute discretion, the City may terminate this Agreement by notifying GRTC in writing as soon as possible, but no later than five (5) Days after the end of the City's Inspection Period, of the City's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless the Parties mutually agree to modify this Agreement to address any such issue(s). The City shall provide GRTC with its objections to the title of 7 DRAFT DATE: January 14, 2019 Campbell Court, including without limitation, any easement, encumbrances, or restrictions of record (including all matters shown on the plat that depicts Campbell Court), within five (5) Days after the end of the City's Inspection Period. 5.1.2 In connection with the City's due diligence review referenced above, GRTC hereby grants to the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter Campbell Court, at any time during the City's Inspection Period, on not less than two (2) working days prior written notice to GRTC, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of Campbell Court, to otherwise perform the City's due diligence with respect to Campbell Court, and to store the City's property and equipment, on the following terms and conditions: 5.1.2.1 If the City exceeds its rights granted under Section 5.1 or fails to obtain and maintain the insurance required by Section 5.1, GRTC may immediately revoke its right of entry. 5.1.2.2 The City, to the extent permitted by law, agrees to be responsible for any and all damages resulting from the activity or activities of the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on Campbell Court in the exercise of the rights granted under this Section 5.1. The City shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 5.1 to a condition equal to that existing immediately prior to entry on Campbell Court if the City does not purchase Campbell Court. 5.1.2.3 The City shall require each of its contractors ( "City Contractors ") to indemnify and defend GRTC and the City from any loss, damage, or claim arising out of the City's access to Campbell Court pursuant to this Section 5.1 for the purpose of making tests, inspections, studies, and other investigations. The indemnity obligations of the City Contractors hereunder are conditioned on GRTC (i) promptly notifying the City and the City Contractors in writing of any claim; (ii) cooperating with the City and the City Contractors in the defense of the claim; and (iii) granting the City and the City Contractors sole control of defense or settlement of the claim at the sole cost and expense of the City Contractors. Under no circumstance shall the City Contractors be obligated to F. DRAFT DATE: January 14, 2019 indemnify or defend GRTC for or from such party's own negligence or willful misconduct (which includes, without limitation, any breach by GRTC of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing. 5.1.2.4 The City shall, at its sole expense, obtain and maintain, or have the City Contractors 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 the City under this Section 5.1. The following policies and coverages are required: (i) Commercial General Liability. 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 the City's and /or City Contractors' acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering the City's and /or City Contractors' 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 5.1. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the City agrees to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against GRTC if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. 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 this Section 5.1 and shall be written on an occurrence basis. 9 DRAFT DATE: January 14, 2019 5.1.3 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 5.1, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished by the City or the City Contractors to GRTC. 5.1.4 All insurance shall also meet the following requirements: The City and/or the City Contractors shall furnish to GRTC appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that GRTC, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that the City Contractors are able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by GRTC, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. The City and /or the City Contractors shall provide GRTC's General Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above - required insurance coverage. 5.1.5 The City, in performing its inspections on Campbell Court pursuant to this Section 5. 1, shall at all times comply with all Applicable Law. 5.1.6 On the request of GRTC, the City shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to GRTC. If GRTC so requests, the City shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to GRTC without charge. All such deliverables shall be without any warranties whatsoever, and neither the City nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to GRTC regarding such report or opinion, or any information contained therein, and GRTC may not rely on any such report or opinion, or any information contained therein. 5.2 GRTC's Right of Inspection. 5.2.1 GRTC shall complete GRTC's due diligence review of the GRTC Relocation Parcels during GRTC's Inspection Period. Should GRTC determine during GRTC's Inspection Period that it is not satisfied with the GRTC Relocation Parcels or any characteristics thereof for any reason whatsoever, in GRTC's sole and absolute discretion, GRTC may terminate this Agreement by notifying the City in writing as soon as possible, but no later than five (5) Days after the end of 10 DRAFT DATE: January 14, 2019 GRTC's Inspection Period, of GRTC's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless Parties, mutually agree to modify this Agreement to address any such issue(s). GRTC shall provide the City with its objections to the title of GRTC Relocation Parcels, including without limitation, any easements, encumbrances, or restrictions of record (including all matters shown on the plat that depicts the GRTC Relocation Parcels), within five (5) Days after the end of GRTC's Inspection Period. 5.2.2 In connection with GRTC's due diligence review referenced above, and pursuant to the authorization provided by the GRTC Relocation Parcels Owners pursuant to the GRTC Relocation Parcels Agreement, the City hereby grants to GRTC, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter on the GRTC Relocation Parcels at any time during GRTC's Inspection Period, on not less than two (2) working days prior written notice to the City and the GRTC Relocation Parcels Owners, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete a Phase I Environment Site Assessment and, if required by the Phase I Environmental Site Assessment, Phase II Environmental Site Assessments; or geotechnical assessments, or nondestructive engineering evaluations of the GRTC Relocation Parcels, to otherwise perform GRTC's due diligence with respect to the GRTC Relocation Parcels, and to store GRTC's property and equipment, on the following terms and conditions: 5.2.2.1 If GRTC exceeds its rights granted under Section 5.2, or fails to require GRTC's contractors to maintain and provide the insurance coverages provided herein, the City or the GRTC Relocation Parcels Owners may immediately revoke this right of entry. 5.2.2.2 GRTC, to the extent permitted by Applicable Law, agrees to be responsible for any and all damages resulting from the activity or activities of GRTC, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on GRTC Relocation Parcels in the exercise of the rights granted under this Section 5.2. GRTC shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 5.2 to a condition equal to that existing immediately prior to entry on any of the GRTC Relocation Parcels if GRTC does not purchase the GRTC Relocation Parcels. 5.2.2.3 GRTC shall require its contractors ( "GRTC Contractors ") to indemnify and defend the City and the GRTC Relocation Parcels Owners from any loss, damage, or claim arising out of GRTC's DRAFT DATE: January 14, 2019 access to any of the GRTC Relocation Parcels pursuant to this Section 5.2 for the purpose of making tests, inspections, studies, and other investigations. The indemnity obligations of GRTC Contractors hereunder are conditioned on the City or the GRTC Relocation Parcels Owners promptly notifying GRTC and the GRTC Contractors in writing of any claim; cooperating with GRTC Contractors in the defense of the claim; and granting GRTC Contractors sole control of defense or settlement of the claim at the sole cost and expense of GRTC Contractors. Under no circumstance shall GRTC Contractors be obligated to indemnify or defend the City or the GRTC Relocation Parcels Owners for or from the City or the GRTC Relocation Parcels Owner's own negligence or willful misconduct (which includes, without limitation, any breach by the City of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing. 5.2.2.4 GRTC shall require each of the GRTC Contractors who enter the GRTC Relocation Parcels under this Section 5.2, at the sole expense of such GRTC Contractors, to 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 GRTC under this Section 5.2. The following policies and coverages are required: (i) Commercial General Liability. 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 such contractor's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering such contractor's 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 5.2. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by 12 DRAFT DATE: January 14, 2019 disease (each employee). With respect to the Workers' Compensation coverage, GRTC agrees to require GRTC Contractors to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against the City if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. 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 this Section 5.2, and shall be written on an occurrence basis. 5.2.3 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 5.2, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished to the City. 5.2.4 All insurance shall also meet the following requirements: GRTC or the GRTC Contractors shall furnish to the City and GRTC Parcel Owners appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City, GRTC Relocation Parcels Owners, and their respective officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that GRTC Contractors are able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by the City's Risk Manager, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. GRTC Contractors shall provide the City with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above - required insurance coverage. 5.2.5 GRTC, in performing its inspections on GRTC Relocation Parcels pursuant to this Section 5.2, shall at all times comply with all Applicable Law. 5.2.6 On the request of the City, GRTC shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to the City and GRTC Relocation Parcels Owners. If the City or GRTC Relocation Parcels Owner so requests, GRTC shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to 13 DRAFT DATE: January 14, 2019 the City and GRTC Relocation Parcels Owners without charge. All such deliverables shall be without any warranties whatsoever, and neither GRTC nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to the City and GRTC Relocation Parcel Owner regarding such report or opinion, or any information contained therein, and the City and GRTC Relocation Parcels Owners may not rely on any such report or opinion, or any information contained therein. ARTICLE VI FTA APPROVAL 6.1 The Parties acknowledge and confirm that the transactions contemplated by this Agreement and the GRTC Relocation Parcels Agreement are subject to the prior review, consent and approval by FTA, on terms and conditions acceptable to the City and GRTC ( "FTA Approvals "). In the event that FTA does not provide its consent and approval on terms and conditions acceptable to the City and GRTC by the expiration of GRTC's Inspection Period this Agreement shall terminate and neither Party shall have any further rights herein. 6.2 GRTC shall diligently pursue the FTA Approvals with FTA following the Effective Date. The City agrees to cooperate with GRTC in seeking the FTA Approvals. 6.3 The Parties acknowledge and agree that the FTA Approvals are an essential condition precedent under this Agreement for the benefit of GRTC and cannot, under any circumstance be waived by the Parties. ARTICLE VII GRTC APPROVALS 7.1 Upon (a) completion of GRTC's Inspection Period, (b) notification from GRTC that GRTC elects to proceed with the acquisition of the GRTC Relocation Parcels, (c) notification that the City desires to proceed with the acquisition of Campbell Court, and (d) the City has acquired the GRTC Relocation Parcels, GRTC shall, within GRTC's Approval Period seek and obtain all Approvals needed or deemed necessary for GRTC to construct, operate, and maintain (i) the Temporary Transit Facility at the GRTC Relocation Parcels; or (ii) the Permanent Transit Facility at the GRTC Relocation Parcels. 7.2 GRTC may extend the term of GRTC's Approval Period for an additional 90 Days provided that (i) GRTC is diligently pursuing all Approvals in good faith; and (ii) GRTC provides the City with notice of GRTC's election to extend the term of GRTC's Approval Period and such notice is provided to the City prior to the expiration of GRTC's Approval Period. 7.3 Upon the happening of the events set forth in Section 7.1 the Parties will execute GRTC's Construction Right of Entry Agreement with respect to construction of the Temporary 14 DRAFT DATE: January 14, 2019 Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement. ARTICLE VIII CITY'S ACQUISITION OF GRTC RELOCATION PARCELS 8.1 By the GRTC Relocation Parcels Closing Date and prior to the Closing Date set forth in this Agreement, the City shall acquire good and marketable title, fee simple interest in each of the GRTC Relocation Parcels in accordance with the terms of the GRTC Relocation Agreement, a fully executed copy of which agreement has been reviewed and approved by GRTC. The City shall, at the City's cost and expense, obtain owner's title insurance policies for each of the GRTC Relocation Parcels, each policy insuring title of each of the GRTC Relocation Parcels without special exceptions and without standard conditions for (i) parties in possession; (ii) mechanics' liens; and (iii) matters that would be revealed by an accurate ground survey. The City shall provide to GRTC certified copies of the deeds transferring title to the GRTC Relocation Parcels to the City, as recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, together with fully executed copies of the title insurance policies. 8.2 The City shall hold title to the GRTC Relocation Parcels, free and clear of all liens, claims and encumbrances, and shall not voluntarily place, or involuntarily suffer, any deed of trust, lien, claim, or restriction from the date on which the City acquires title to the respective GRTC Relocation Parcels through and including the Closing. ARTICLE IX TITLE 9.1 Title to Campbell Court. The City's obligation to purchase Campbell Court at the Closing is conditioned on Campbell Court being conveyed by GRTC to the City by the Campbell Court Deed, free and clear of all restrictions, encumbrances, and liens except for such restrictions, encumbrances, and liens that constitute City Permitted Encumbrances. City Permitted Encumbrances with respect to Campbell Court means and includes the following: 9.1.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 9.1.2 The conditions set forth on the plats prepared by the City and which are acceptable to the City. 9.1.3 Easements, restrictions and encumbrances designated by the City in writing as being acceptable to the City following the City's review of the preliminary title report for Campbell Court and such other diligence as the City elects to perform. 15 DRAFT DATE: January 14, 2019 The City acknowledges and agrees that GRTC has no obligation to remove, amend or alter any easement, restriction, or encumbrance of record, other than to pay in full, the amount secured by a lien, deed of trust, or other encumbrance. GRTC shall satisfy, at its sole expense, such deed of trust, lien or encumbrance that may be removed and discharged as a matter of record and record evidence that lien, deed of trust or other encumbrance has been satisfied in full and discharged. The City's sole remedy is to accept title subject to such easement, restriction, or encumbrance as a City Permitted Encumbrance or terminate the Agreement. In the event that the City elects to terminate this Agreement, the City shall provide GRTC with written notice of such termination, and no Party shall have any further rights or obligations under this Agreement. Notwithstanding the foregoing, GRTC shall be obligated to terminate all leases, licenses, and permits to possess and use any portion of Campbell Court, including all leases identified in Exhibit D attached hereto and made a part hereof, and all permits, licenses and permission to park vehicles at Campbell Court. 9.2 Title to the GRTC Relocation Parcels. GRTC's obligation to purchase the GRTC Relocation Parcels at the Closing is conditioned upon all of the GRTC Relocation Parcels being conveyed by the City to GRTC by the GRTC Relocation Parcels Deed, free and clear of all restrictions, encumbrances, and liens, except for such restrictions, encumbrances, and liens that constitute the GRTC Permitted Encumbrances. GRTC Permitted Encumbrances with respect to the GRTC Relocation Parcels means and includes the following: 9.2.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 9.2.2 The conditions set forth on the plats prepared by GRTC, and acceptable to GRTC. 9.2.3 Easements, restrictions and encumbrances designated by GRTC in writing as being acceptable to GRTC following GRTC's review of the preliminary title report for GRTC Relocation Parcels and such other diligence as GRTC elects to perform. GRTC acknowledges and agrees that the City has no obligation to remove, amend or alter any easement, restriction, or encumbrance of record, other than to pay in full, the amount secured by a lien, deed of trust, or other encumbrance. The City shall satisfy, at its sole expense, such deed of trust, lien or encumbrance that may be removed and discharged as a matter of record and record evidence that lien, deed of trust or other encumbrance has been satisfied in full and discharged. GRTC's sole remedy is to accept title subject to such easement, restriction, or encumbrance as a GRTC Permitted Encumbrance or terminate the Agreement. In 16 DRAFT DATE: January 14, 2019 the event that GRTC elects to terminate this Agreement, GRTC shall provide the City with written notice of such termination, and no Party shall have any further rights or obligations under this Agreement. ARTICLE X CONDITIONS TO CLOSE THE SALE OF CAMPBELL COURT 10.1 Conditions to the City's Obligations to Close. The following are conditions precedent to the City's obligation to purchase Campbell Court: 10.1.1 The fulfillment to the City's reasonable satisfaction of GRTC's obligation to convey title to Campbell Court on the Closing Date to the City pursuant to the terms and conditions of this Agreement. 10.1.2 The City must be satisfied in its sole discretion with the results of its due diligence and inspection of Campbell Court. 10.1.3 GRTC must not be in default of GRTC's obligations under this Agreement, and GRTC's representations and warranties in this Agreement must remain true and correct as of the Closing. 10.1.4 The Title Company's commitment to issue, on payment of its normal premium, to the City, its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring the City in the amount of the Campbell Court Purchase Price in respect of Campbell Court and that title is vested in the City subject only to the City Permitted Encumbrances. All of the foregoing conditions are for the benefit of the City, and the City may choose, in the City's sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. 10.2 Conditions to GRTC's Obligation to Close. The following are conditions precedent to GRTC's obligation to sell Campbell Court to the City: 10.2.1 The City acquires all rights, title, and interest of the GRTC Relocation Parcel Owners in the GRTC Relocation Parcels in accordance with the terms and conditions of the GRTC Relocation Parcels Agreement. 10.2.2 Either (i) in the event that the City and Developer Exchange Agreement remains in force and effect and Developer has paid the GRTC Relocation Expenses Payment to the City, GRTC completes construction of the Temporary Transit Facility and GRTC receives Approvals, including the Certificate of Occupancy needed to occupy and operate its central bus transit operations at the Temporary Transit Facility; or (ii) in the event that the City and Developer Exchange Agreement has been terminated, GRTC completes construction of the Permanent 17 DRAFT DATE: January 14, 2019 Transit Facility and GRTC receives Approvals, including the Certificate of Occupancy needed to occupy and operate its central bus transit operations at the Permanent Transit Facility. 10.2.3 GRTC must be satisfied in its sole discretion with the results of its due diligence and inspections of the GRTC Relocation Parcels. 10.2.4 The City must not be in default of the City's obligations under this Agreement, and the City's representations and warranties in this Agreement must remain true and correct as of the Closing. All of the foregoing conditions are for the benefit of GRTC, and GRTC may choose, in its sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. 10.3 Conditions to Close on Campbell Court to which the City and GRTC are Subject Notwithstanding the conditions precedent to the City's obligation to close on the acquisition of Campbell Court by the City and the conditions precedent to GRTC's obligation to close on the transfer of Campbell Court to the City, the obligation of the Parties to close on the sale of Campbell Court are expressly subject to: 10.3.1 Receipt of the FTA Approvals, without conditions or restrictions unacceptable to the City or GRTC. Under no circumstances may either Party waive this condition. 10.3.2 The Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement, for use by GRTC has been substantially completed, available for use by GRTC in accordance with Applicable Law, including issuance of a Certificate of Occupancy to GRTC. 10.3.3 The Parties are prepared to close on the sale of the GRTC Relocation Parcels at Closing, subject only to the consummation of the transfer of Campbell Court to the City in accordance with this Agreement. ARTICLE XI CONDITIONS TO CLOSE THE SALE OF THE GRTC RELOCATION PARCELS 11.1 Conditions to GRTC's Obligation to Close. The following are conditions precedent to GRTC's obligation to purchase the GRTC Relocation Parcels: 11.1.1 The fulfillment to GRTC's reasonable satisfaction of the City's obligation to convey title to the GRTC Relocation Parcels on the Closing Date to GRTC pursuant to the terms and conditions of this Agreement. IN DRAFT DATE: January 14, 2019 11. 1.2 GRTC shall have obtained, at GRTC's expense, all Approvals as applicable under Section 10.2.2 hereof. 11.1.3 GRTC must be satisfied in its sole discretion with the results of its due diligence and inspections of the GRTC Relocation Parcels conducted during GRTC's Inspection Period. 11.1.4 The City must not be in default of the City's obligations under this Agreement and the City's representations and warranties in the Agreement must remain true and correct as of the Closing. 11.1.5 The Title Company's commitment to issue, on payment of its normal premium, to GRTC its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring GRTC in the amount of the GRTC Relocation Parcels Purchase Price in respect to the GRTC Relocation Parcels that title to the GRTC Relocation Parcels is vested in GRTC subject only to GRTC Permitted Encumbrances. All of the forgoing conditions are for the benefit of GRTC, and GRTC may choose, in its sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. 11.2 Conditions to the City's Obligation to Close. The following are conditions precedent to the City's obligation to sell the GRTC Relocation Parcels to GRTC: 11.2.1 GRTC must not be in material default of GRTC's obligation under this Agreement. 11.2.2 GRTC's representations and warranties in this Agreement remain true and correct as of the Closing. All of the forgoing conditions are for the benefit of the City and the City may choose, in its sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. 11.3 Conditions to Close on GRTC Relocation Parcels to which the City and GRTC are Subject. Notwithstanding the conditions precedent on GRTC's obligation to close on the acquisition of the GRTC Relocation Parcels by GRTC, and the conditions precedent to the City's obligations to close on the transfer of the GRTC Relocation Parcels to GRTC, the obligation of the Parties to close on the GRTC Relocation Parcels is expressly subject to consummation of the transfer of Campbell Court to the City at the Closing in accordance with the terms and conditions of this Agreement. Under no circumstance may either Party waive this condition. T DRAFT DATE: January 14, 2019 ARTICLE XII CLOSING DATE 12.1 Closing Date. The Closing date shall occur prior to June 30, 2021 on a date selected by the City ( "Closing Date ") that is on the date which is the later to occur of (i) within thirty (30) Days to one hundred twenty (120) Days after satisfaction of all conditions set forth in Article X and XI of this Agreement; or (ii) Thirty (30) Days after GRTC (x) completes construction of the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement, (y) receives a Certificate of Occupancy for the use and operation of the Temporary Transit Facility, or the Permanent Transit Facility, as applicable under the terms of this Agreement, and (z) vacates Campbell Court and commences its central bus transit operations at the GRTC Relocation Parcels. The City shall provide GRTC with not less than thirty (30) Days advance written notice of the Closing Date. The Closing shall occur at a mutually acceptable time (anticipated to be approximately 10:00 a.m. prevailing Roanoke, Virginia time) on the Closing Date in the Office of the City Attorney, or at such other location and time as the Parties shall approve. ARTICLE XIII CLOSING DELIVERABLES AND MECHANICS 13.1 GRTC's Obligations at Closing. On the Closing Date, GRTC shall (i) sell and convey Campbell Court to the City, and (ii) purchase and acquire the GRTC Relocation Parcels from the City, by delivering or causing to be delivered to the City the following: 13.1.1 The duly executed and acknowledged Campbell Court Deed conveying to the City Campbell Court in accordance with the provisions of this Agreement, in its "as is" condition without any representations or warranties with respect to the presence of hazardous materials. At the request of the City, GRTC shall convey Campbell Court to the City by using the survey of Campbell Court obtained by the City during the City's Inspection Period as the description in the Campbell Court Deed. 13.1.2 A mechanic's lien affidavit executed by GRTC, satisfactory to the Title Company, and to the effect that no work has been performed on Campbell Court by GRTC in the 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 in full. 13.1.3 Such documents as may be reasonably required by the Title Company to evidence that authority of the person(s) executing the various documents on behalf of GRTC in connection with the sale of Campbell Court. co DRAFT DATE: January 14, 2019 13.1.4 A written certification that GRTC's warranties and representations in Section 17.1 of this Agreement remain true and correct as of the Closing Date. 13.1.5 A duly executed counterpart of a closing statement for the Closing. 13.1.6 Any other documents or items to be delivered pursuant to this Agreement or other documents reasonably required by the Title Company and that do not include the payment of money, indemnity, or the assumption of any liability or obligation. 13.1.7 The title commitment from the Title Company agreeing to insure title to the GRTC Relocation Parcels, without standard exclusions or special exemptions, is vested, in fee simple in GRTC. 13.2 The City's Obligations at Closing. On the Closing Date, the City shall (i) purchase and acquire Campbell Court from GRTC, and (ii) sell and transfer the GRTC Relocation Parcels to GRTC, by delivering or causing to be delivered to GRTC the following: 13.2.1 The duly executed GRTC Relocation Parcels Deed, conveying to GRTC the GRTC Relocation Parcels in accordance with the provisions of this Agreement in their "as is" condition without any warranties or representations with respect to the presence of hazardous materials. At the request of GRTC, the City shall convey the GRTC Relocation Parcels to GRTC by using the survey of the GRTC Relocation Parcels obtained by GRTC during GRTC's Inspection Period as the description in the GRTC Relocation Parcels Deed. 13.2.2 A copy of the owner's title insurance policy, without standard exclusions or special exceptions, issued and effective, insuring fee simple title to the GRTC Relocation Parcels is vested in the City. 13.2.3 A mechanics' lien affidavit executed by the City, satisfactory to the Title Company, and to the effect that no work has been performed at the GRTC Relocation Parcels by the City in the 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 in full. 13.2.4 Such documents as may be reasonably required by GRTC to evidence the authority of the person(s) executing the various documents on behalf of the City in connection with this Agreement. 13.2.5 A written certification that the City's representations and warranties set forth in Section 17.2 of this Agreement remain true and correct as of the Closing Date. 21 DRAFT DATE: January 14, 2019 13.2.6 A duly executed counterpart of the closing statement for the Closing. 13.2.7 Any other documents required to be delivered pursuant to this Agreement or reasonably required by GRTC and that do not require (except as set forth in this Agreement) the payment of money, indemnity or the assumption of any liability or obligation. 13.2.8 The title commitment from the Title Company agreeing to insure title to Campbell Court, without standard exclusions or special exceptions, is vested in fee simple in the City. 13.3 Prorated Expenses. At the Closing, real property taxes, stormwater utility fees, and solid waste collection fees, if any, shall be prorated as follows, with respect to Campbell Court, GRTC shall be responsible for all amounts due prior to the Closing Date and the City being responsible for all periods thereafter; and with respect to the GRTC Relocation Parcels, the City shall be responsible for all amounts due prior to the Closing Date and GRTC being responsible for all periods thereafter. The settlement of such prorated expenses shall occur at the Closing or as soon thereafter as reasonably possible. 13.4 The City's Expenses. The City shall pay for (i) all costs of the City's investigations of Campbell Court, including but not limited to the City's examination of title; (ii) all attorneys' fees and expenses incurred by legal counsel for the City; (iii) any Grantee's tax and the recording charges required in connection with the Campbell Court Deed; (iv) the title insurance premium for issuance of the Title Policy for Campbell Court; and (v) Grantor's Tax, if any, for the transfer of the GRTC Relocation Parcels. The City shall also be responsible for all tenant relocation expenses for tenants at Campbell Court in the event that Developer fails to pay such expenses as required under the terms of the City and Developer Exchange Agreement. 13.5 GRTC's Expenses. GRTC shall pay for (i) all costs of GRTC's investigations of the GRTC Relocation Parcels; (ii) all attorneys' fees and expenses incurred by legal counsel for GRTC; (iii) any Grantee's tax and the recording charges required in connection with the GRTC Relocation Parcels Deed; (iv) the title insurance premium for issuance of the Title Policy for GRTC Relocation Parcels; and (v) Grantor's Tax, if any, for the transfer of Campbell Court. 13.6 Possession. 13.6.1 GRTC shall deliver exclusive possession of Campbell Court free and clear of all tenants, licensees, or permitees to the City on the Closing Date, subject to the provisions of this Agreement. 22 DRAFT DATE: January 14, 2019 13.6.2 The City shall deliver exclusive possession of the GRTC Relocation Parcels free and clear of all tenants, licensees, or permitees to GRTC on the Closing Date, subject to the provisions of this Agreement. ARTICLE XIV CONDEMNATION 14.1 The City has no actual knowledge of any pending or threatened condemnation of GRTC Relocation Parcels. However, if, after the Effective Date and prior to the Closing Date, all or any part of GRTC Relocation Parcels is subject to a bona fide threat of condemnation or condemned or taken by a Government Entity having the power of eminent domain or a transfer in lieu of condemnation, the City shall promptly notify GRTC in writing and within thirty (30) Days after receipt of written notice, either Party may, by written notice to the other party elect to cancel this Agreement 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 Agreement shall be deemed terminated and of no further force and effect. If no such election is made by either Party to cancel this Agreement, this Agreement 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 the City shall assign, transfer, and set over to GRTC all of the right, title, and interest of the City in and to any awards that have been or that may thereafter be made for any such taking or takings with respect to GRTC Relocation Parcels. 14.2 GRTC has no actual knowledge of any pending or threatened condemnation of the Campbell Court. However, if, after the Effective Date, and prior to the Closing Date, all or any part of the Campbell Court are subject to a bona fide threat of condemnation or condemned or taken by a Government Entity having a power of eminent domain or a transfer in lieu of condemnation, GRTC shall promptly notify the City in writing and within thirty (30) Days after receipt of written notice, either Party may, by written notice to the other, elect to cancel this Agreement prior to the Closing Date, in which event all Parties shall be relieved and released of any further duties, obligations, rights, or liabilities hereunder and this Agreement shall be deemed terminated and of no further force or effect. If no such election is made by either Party to cancel this Agreement, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken in condemnation or eminent domain, shall be effected without further adjustment and on the Closing Date, GRTC shall assign, transfer, and set over to the City all of the right, title, and interest of GRTC in and to any awards that have been made or may thereafter be made for any such taking or takings with respect to Campbell Court. 23 DRAFT DATE: January 14, 2019 ARTICLE XV RISK OF LOSS 15.1 Risk of loss by fire or other casualty for Campbell Court shall be on GRTC until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If Campbell Court is substantially damaged or destroyed before the Closing by such casualty, then either of the Parties may cancel this Agreement by giving written notice of such cancellation to the other Party and neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). In the event that neither Party cancels this Agreement, the City shall acquire Campbell Court in accordance with this Agreement and shall receive all proceeds of insurance. GRTC shall maintain fire and extended coverage insurance on Campbell Court in amounts and conditions currently in place, pending consummation of the Closing. 15.2 Risk of loss by fire or other casualty for the GRTC Relocation Parcels shall be on the City until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If the GRTC Relocation Parcels are substantially damaged or destroyed before the Closing by such casualty, then GRTC may elect to (i) acquire the GRTC Relocation Parcels and receive all proceeds of insurance received by the City; or (ii) cancel the Closing, in which event, neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). The City shall maintain fire and extended coverage insurance on the GRTC Relocation Parcels, after acquisition of the acquisition of the GRTC Relocation Parcels by the City, at the full replacement value, pending consummation of the Closing. ARTICLE XVI BROKER'S COMMISSIONS 16.1 The Parties represent, and warrant that they have 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. ARTICLE XVII REPRESENTATIONS AND WARRANTIES 17.1 GRTC's Representations and Warranties. GRTC represents and warrants, as of the Effective Date and as of the Closing, to the City, with respect to Campbell Court that: 17.1.1 Title. GRTC is the legal and beneficial fee simple title holder of Campbell Court, and will have good, marketable title to Campbell Court, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, right -of- way, options, judgments, or other matters, subject only to the City Permitted 24 DRAFT DATE: January 14, 2019 Encumbrances. GRTC will convey Campbell Court to the City by Campbell Court Deed. 17.1.2 Special Taxes. Campbell Court is subject to the Downtown Service District special assessment set forth in Sections 32 -102 through 32- 102.4, Code of GRTC of Roanoke (1979), as amended. GRTC has no knowledge of, nor has it received notice of, any other special assessments or special taxes relating to Campbell Court or any part thereof. 17.1.3 Condemnation. GRTC 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 Campbell Court or the limiting or denying of any right of access thereto. 17.1.4 Hazardous Materials. GRTC makes no representations with respect to Campbell Court. 17.1.5 Leases. Campbell Court is subject to the Leases identified in Exhibit D attached hereto and made a part hereof. Such leases shall not be modified, amended, or extended without the prior written approval of the City. 17.1.6 Access. Access to Campbell Court is provided at Campbell Avenue, S.W., and Salem Avenue, S.W., public streets. 17.1.7 No Conflicts. GRTC's execution and performance of this Agreement does not (i) breach any other agreement to which GRTC is a party; or (ii) violate any law, judgment, or order to which GRTC is subject. 17.1.8 No Notice of Violation. GRTC has received no notice of any violation of the zoning requirements or other Applicable Law with respect to Campbell Court. 17.1.9 No Litigation. No litigation, claim, or arbitration is pending or, to the knowledge of GRTC, threatened, with regard to Campbell Court. 17.1.10 Corporate Status. GRTC is a Virginia corporation, qualified to conduct business and in good standing in Virginia, and has the right to own its assets and operate it business in the ordinary course. The stockholder of GRTC is the City of Roanoke, Virginia. The officers and directors of GRTC are: Robert S. Cowell, Jr., Vice - President of Operations Sherman M. Stovall, Assistant Vice - President of Operations Stephanie M. Moon Reynolds, Secretary Cecelia F. McCoy, Assistant Secretary Daniel J. Callaghan, General Counsel Amelia C. Merchant, Treasurer 25 DRAFT DATE: January 14, 2019 The proper officers of GRTC have been authorized to execute and perform this Agreement, the documents and agreements referred to in this Agreement, and take all actions necessary to effectuate this Agreement on behalf of GRTC. 17.2 City's Representation and Warranties. The City represents and warrants, as of the Effective Date and as of the Closing, with respect to GRTC Relocation Parcels, that: 17.2.1 Title. The City has legal, binding agreements to acquire the GRTC Relocation Parcels and, as of the GRTC Relocation Parcels Closing will be the legal and beneficial fee simple titleholder of GRTC Relocation Parcels and has good, marketable title to GRTC Relocation Parcels, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, rights of way, options, judgments, or other matters, created by the City, subject to the GRTC Permitted Encumbrances. The City will convey title to the GRTC Relocation Parcels to GRTC by the GRTC Relocation Parcels Deed. 17.2.2 Condemnation. The City 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 GRTC Relocation Parcels or the limiting or denying of any right of access thereto. 17.2.3 Special Taxes. The GRTC Relocation Parcels are subject to the Downtown Service District special assessment as set forth in Sections 32- 102 through 32- 102.4, Code of City of Roanoke (1979), as amended. The City has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the GRTC Relocation Parcels or any part thereof. 17.2.4 Hazardous Materials. The City makes no warranties, covenants, or representations of any type regarding hazardous materials of any type. 17.2.5 Access. Ingress to and egress from the GRTC Relocation Parcels is available and provided through Salem Avenue, S.W., and Norfolk Avenue, S.W., public streets. 17.2.6 No Conflicts. The City's execution and performance of this Agreement does not: (i) breach any other agreement to which the City is a party; or (ii) violate any law, judgment, or order to which the City is subject. we DRAFT DATE: January 14, 2019 17.2.7 No Notice of Violations. The City has received no notice of any violation of zoning requirements or other ordinances, rules or regulations with respect to GRTC Relocation Parcels. 17.2.8 No Litigation. There is no litigation, claim, or arbitration, pending or, to the knowledge of the City, threatened, with regard to GRTC Relocation Parcels. ARTICLE XVIII DEFAULT IN CLOSING OBLIGATIONS 18.1 City Default. In the event that the Closing does not occur solely by reason of default by the City, and GRTC has fully performed its obligations and is prepared to consummate the Closing, GRTC shall have all of its remedies at law or in equity, including the remedy of specific performance. GRTC may also terminate this Agreement and neither Party shall have any further rights or obligations hereunder. 18.2 GRTC Default. In the event that the Closing does not occur solely by reason of default by GRTC, and the City has fully performed its obligations and is prepared to consummate the Closing, the City shall have all of its remedies at law or in equity, including the remedy of specific performance. The City may also terminate this Agreement, in which event neither Party shall have any further rights or obligations hereunder. ARTICLE XIX LIMITATIONS ON ASSIGNMENTS Each Party agrees not to assign or transfer any part of the Party's rights or obligations under this Agreement 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 Agreement. ARTICLE XX 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): 27 DRAFT DATE: January 14, 2019 If to City: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -1138 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 GRTC: Kevin L. Price, General Manager Greater Roanoke Transit Company 1108 Campbell Avenue, S.E. Roanoke, VA 24013 Fax No. 540- 982 -2703 With a Copy to: Attn: Vice President of Operations, GRTC 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Fax No. (540) 853 -1138 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. ARTICLE XXI APPROVAL BY CITY COUNCIL This Agreement is subject to approval by the City Council of the City of Roanoke after public hearing. GRTC shall be responsible for all advertising costs and other expenses incurred by the City and paid to third party vendors in connection with public hearings. ARTICLE XXII GENERAL PROVISIONS 22.1 Time. Time is of the essence in the performance of the Parties' respective obligations in this Agreement. 22.2 Successors and Assigns. This Agreement shall inure to the benefit of, and be binding on, the Parties hereto and their respective successors and permitted assigns. 28 DRAFT DATE: January 14, 2019 22.3 Counterpart Copies. This Agreement may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Agreement binding on all of the Parties hereto, notwithstanding that all of the Parties are not signatories to the same counterpart. 22.4 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement 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 Agreement or any amendments or exhibits hereto. 22.5 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. 22.6 Cooperation. Each Party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. 22.7 Authority To Sign. The persons who have executed this Agreement on behalf of the Parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. 22.8 Non - waiver. Each Party agrees that any Party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any Party's waiver of any particular breach of this Agreement 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 Agreement or a waiver of any other breaches of the Agreement 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 Agreement 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 Agreement or by law. 22.9 Faith Based Organizations. Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City and GRTC do not discriminate against faith -based organizations. ARTICLE XXIII NONDISCRIMINATION 23.1 GRTC 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 normal operation of GRTC. GRTC agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 23.2 GRTC in all solicitations or advertisements for employees placed by or on behalf of GRTC will state that GRTC is an equal opportunity employer. 29 DRAFT DATE: January 14, 2019 23.3 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. ARTICLE XXIV COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION GRTC agrees to comply with all Applicable Law, including all licensing requirements. GRTC further agrees that GRTC does not, and shall not, during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. ARTICLE XXV COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA GRTC shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth 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. GRTC 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 Closing, and to promptly cure any such lapse, revocation or cancellation following notice from the City. It shall be a condition of the City's closing obligations under Articles X and XI above that GRTC not be in breach of this Article XXV. ARTICLE XXVI APPROPRIATION OF FUNDS All obligations or funding to be undertaken by the City in connection with this Agreement 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 City's obligations under this Agreement in appropriation for the project contemplated herein for the relocation of the central bus transit operations of GRTC. If any such funding is not approved, withdrawn, or otherwise not made available for this Agreement, with the result that City is unable to perform its obligations under this Agreement, City shall provide GRTC with written notice of such unavailability of funding. 30 DRAFT DATE: January 14, 2019 ARTICLE XXVII FORCE MAJEURE None of the Parties shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement 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 GRTC's lack of funds shall not be deemed to be a reason beyond GRTC'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 Agreement, 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 learns 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. ARTICLE XXVIII ENTIRE AGREEMENT This Agreement, including, without limitation, its exhibits and other attachments, contains the entire understanding of the Parties regarding its subject matter and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to its subject matter. Without limitation, and for avoidance of any doubt, the preceding sentence shall not operate to invalidate or supersede any separate agreements between the Parties regarding the Incentives. No amendment to this Agreement shall be valid unless made in writing and signed by the Parties. ARTICLE XXIX FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Agreement, 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 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. 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. 31 DRAFT DATE: January 14, 2019 IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. WITNESS: Print name and title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE CITY OF ROANOKE, VIRGINIA M. Robert S. Cowell, Jr. City Manager The foregoing Agreement was acknowledged before me this Robert S. Cowell, Jr., the duly authorized City Manager of the Virginia municipal corporation, on behalf of the City of Roanoke, My Commission expires: Approved as to form: Notary Public day of , 2019, by City of Roanoke, Virginia, a Virginia. Approved as to execution: SEAL 32 DRAFT DATE: January 14, 2019 WITNESS: Print name and title WITNESS: Print name and title STATE OF CITY /COUNTY of GREATER ROANOKE TRANSIT COMPANY Lo : William D. Bestpitch, President Kevin Price, General Manager The foregoing Agreement was acknowledged before me this day of , 2019, by William D. Bestpitch, the duly authorized President of Greater Roanoke Transit Company, a Virginia corporation, on behalf of Greater Roanoke Transit Company. My Commission expires: Notary Public STATE OF CITY /COUNTY of SEAL The foregoing Agreement was acknowledged before me this day of , 2018, by Kevin Price, the duly authorized General Manager of Greater Roanoke Transit Company, a Virginia corporation, on behalf of Greater Roanoke Transit Company. My Commission expires: Notary Public SEAL Approved as to form: Approved as to execution: 33 DRAFT DATE: January 14, 2019 EXHIBIT A Description of Campbell Court Those parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue SW and 30 Salem Avenue SW, Roanoke, VA 24011, and bearing Official Tax Parcel Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and1011129, containing, in the aggregate, approximately 1.0674 acres. 34 DRAFT DATE: January 14, 2019 EXHIBIT B GRTC Relocation Parcels Owners and GRTC Relocation Parcels GRTC Relocation Parcels Owners GRTC Relocation Parcels Brandon, Woody and Booker LLC Two (2) certain parcels of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W. and 325 Salem Avenue, S. W., Roanoke, Virginia, and bearing Official Tax Map Nos. 1010113 and 1010115, respectively, more particularly described as Two (2) parcels of real property, together with improvements thereon, described as follows: (i) a parcel of real property, together with improvements thereon, containing approximately 13,258 sq. feet of land, more or less, situated at 0 Salem Avenue, S.W., Roanoke Virginia, and bearing Official Tax Map No. 1010113; and (ii) a parcel of real property, together with improvements thereon, containing approximately 23,307 sq. feet of land, more or less, situated at 325 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010115. The Brandon Company, Incorporated A certain parcel of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010121, and more particularly described as a parcel of real property, together with improvements thereon, containing approximately 16,074 sq. feet of land, more or less. The Brandon Company, Incorporated A certain parcel of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010122, a parcel of real property, together with improvements thereon, containing approximately 20,275 sq. feet of land, more or less. 35 DRAFT DATE: January 14, 2019 EXHIBIT C Description of Future Rail Station Parcels Two (2) parcels of real property, together with improvement thereon, owned by T -W Properties, a Virginia partnership, situated at (1) 1 Jefferson Street, S.W. Roanoke Virginia, bearing Official Tax Map No. 1010507, and containing 0.1670 acres, more or less, and (ii) 7 Jefferson Street, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010508, containing 0.1158 acres, more or less. DRAFT DATE: January 14, 2019 EXHIBIT D Leases at Campbell Court Tenant Location Term 727 Mart, Inc. 2,200 square feet located on Expires February 28, 2019 (3 Optional one year the ground floor at 31 -B renewals: 3/1/2019 to 02/29/2020, 3/l/2020 to Campbell Avenue S.W. 02/29/2021, 3/1/2021 to 02/28/2022) Greyhound 3,000 square feet located on Expires June 30, 2019 (1 additional one year Lines, Inc. the ground floor at 26 Salem renewal July 1, 2019 -June 30, 2020) Avenue S.W. Pyxis, Inc. 787 square feet located on Expires June 30, 2019 (1 additional one year the third floor at 31 -J renewal July 1, 2019 -June 30, 2020) Campbell Avenue S.W. Agreements for monthly parking permits, which are terminable. 37 STEPHANIE M. MOON REYNOLDS, MMC City Clerk Oliver W. Hill, Jr., Ph.D. 3108 Noble Avenue Richmond, Virginia 23222 Dear Mr. Hill: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: derk(a)roanokeva.gov January 28, 2019 CECELIA F. MCCOY Deputy City Clerk CFCELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Resolution No. 41365- 012219 naming the City of Roanoke Courts Building located at 315 Church Avenue, S.W., commonly known as the Roanoke City Courts Building, as the "Oliver W. Hill Justice Center," in honor of Oliver White Hill, Sr. On behalf of the Mayor and Members of Roanoke City Council, I wish to express sincerest appreciation for Mr. Hill's active and effective commitment to equality, the people of the City of Roanoke, the Commonwealth of Virginia and the United States of America. The abovementioned resolution was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, January 22, 2019. Enclosure PC: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney The Honorable William D. Broadhurst, Chief Judge, 23rd Judicial Circuit Timothy J. Spencer, Senior Assistant City Attorney R. Brian Townsend, Assistant City Manager for Community Development 61� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41365- 012219. A RESOLUTION naming the City of Roanoke Courts Building located at 315 Church Avenue, S.W., commonly known as the Roanoke City Courts Building, as the "Oliver W. Hill Justice Center," in honor of Oliver White Hill, Sr. WHEREAS, Oliver White Hill, Sr. ( "Oliver W. Hill ") was a civil rights champion born in Richmond, Virginia; WHEREAS, Oliver W. Hill lived at 39 Gilmer Avenue and at 401 Gilmer Avenue in the City of Roanoke during his formative years of his life; WHEREAS, Oliver W. Hill and his family moved to Washington, D.C. where he ultimately entered and graduated from Howard University Law School in 1933; WHEREAS, Oliver W. Hill returned to Roanoke and established a law practice on Henry Street in the Gainsboro neighborhood; WHEREAS, Oliver W. Hill served as the lead attorney for the Virginia State Conference for the NAACP where he filed more legal challenges to segregation laws than any other attorney in the south; WHEREAS, Oliver W. Hill was one of the lead attorneys in the civil rights case of Davis v County School Board of Prince Edward, which was one of the five civil rights cases consolidated into the landmark Supreme Court decision of Brown v. Board of Education of Topeka, Kansas; WHEREAS, Oliver W. Hill, over his legal career, won countless cases for teachers to receive fair and equal pay, student admissions to institutions of higher education, and equal access to public accommodations; and WHEREAS, Oliver W. Hill, is a celebrated Virginian and former resident of the City of Roanoke who was a beacon of hope, a distinguished attorney, a Presidential Medal of Freedom recipient and a national advocate for social justice and equal rights, whose nearly seven decade legacy has benefited the citizens of the City of Roanoke, the Commonwealth of Virginia, and the United States of America; and WHEREAS, City Council desires to name the City of Roanoke Courts Building located at 315 Church Avenue, S.W., as the "Oliver W. Hill Justice Center," in honor of Oliver White Hill, Sr. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that, in accordance with the policy of City Council established by Resolution No. 37976 - 121707 adopted on December 17, 2007, regarding the naming of City -owned facilities, City Council hereby names the City of Roanoke Courts Building located at 315 Church Avenue, S.W., as the "Oliver W. Hill Justice Center," in honor of Oliver White Hill, Sr., to recognize and honor his outstanding contributions to the City of Roanoke, the Commonwealth of Virginia, and the United States of America. BE IT FURTHER RESOLVED, that the City Manager, Robert S. Cowell, Jr., is authorized to take such other actions as are necessary to name and identify the City of Roanoke Courts Building located at 315 Church Avenue, S.W., as the "Oliver W. Hill Justice Center," including the placement of such signs, lettering and /or memorial plaque to identify the building. 2 BE IT FINALLY RESOLVED, that the City Clerk is directed to provide a copy of this Resolution to the family of Oliver W. Hill, as an expression of appreciation by the City of Roanoke for Mr. Hill's active and effective commitment to equality, the people of the City of Roanoke, the Commonwealth of Virginia and the United States of America. AT T ,ST: City Clerk Name Resolution - Oliver W. Hill 1- 15- 19.doc 3 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41366- 012219. AN ORDINANCE increasing and establishing the annual salaries of the Mayor and Council Members for fiscal year beginning July 1, 2020; 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: 1. The annual salaries of the Mayor and Council Members shall be increased for the fiscal year beginning July 1, 2020 and ending June 30, 2021, to the following annual amounts: Mayor Council Members $25,000 $23,000 These annual salaries shall apply for succeeding fiscal years unless subsequently modified by ordinance duly adopted by Council. 2. The provisions of this ordinance shall be in full force and effect on and after July 1, 2020. 3. For those Council Members whose terms expire on June 30, 2022 and those Council Members who are reelected in May 2020, this annual salary shall be implemented beginning with the paycheck of July 8, 2020. 4. For those Council Members whose terms expire June 30, 2020, and are not reelected, they will not be eligible for this increase. 5. For those Council Members who first take office as of July 1, 2020, this annual salary shall be implemented beginning with the paycheck of July 22, 2020. 6. Pursuant to Section 12 of the Charter of the City of Roanoke, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 'DE City Clerk. STEPHANIE M. MOON REYNOLDS, MMC City Clerk Husain B. Alam Owner and President Alam Design Group 1360 Roanoke Road Daleville, Virginia 24083 Dear Mr. Alam: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: elerk(ibroanokeva.gov January 24, 2019 CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41367- 012219 rezoning certain property located at 3162 Williamson Road, N.W., from CN, Commercial - Neighborhood District, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Application, Amended Application No. 2, dated December 12, 2018. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 2019, and is in full force and effect upon its passage. Sincere', 4tephanie M. Moon Reyno s, MM City Clerk Enclosure pc: Yousseff Melki, 140 Cedar Bluff Drive, Christiansburg, Virginia 24073 Karen L. Bastian, 3159 Round Hill Avenue, N. W., Roanoke, Virginia 24012 C B & D, LLC, 270 Rawson Road, Sharpsburg, Georgia 30277 Roanoke Holdings, LLC, 3440 Preston Ridge Road, 500 Suite Alpharetta, Georgia 30005 Grant Jonathan Payne and Wesley Adkins, 2903 Huntington Boulevard, N. W. Roanoke, Virginia 24012 Jennifer L. Ehalt, 3153 Round Hill Avenue, N. W., Roanoke, Virginia 24012 Realty Income Properties 13, LLC, P. O. Box 1017, Charlotte, North Carolina 28201 Current Resident, 3002 Rosalind Avenue, S.W., Roanoke, Virginia 24014 Judy P. Sutton, Williamson Road, LLC, P. O. Box 12068, Roanoke, Virginia 24022 Tina Carr, Secretary, City Planning Commission Robert S. Cowell, Jr., City Manager Husain B. Alam January 24, 2019 Page 2 pc: R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney � k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41367- 012219. AN ORDINANCE to rezone certain property located at 3162 Williamson Road, N.W., from CN, Commercial - Neighborhood District, to CG, Commercial- General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Seven Hills Investment Properties, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 3162 Williamson Road, N.W., bearing Official Tax Map No. 2070143, rezoned from CN, Commercial - Neighborhood District, to CG, Commercial - General District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2018, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 2070143 located at 3162 Williamson Road, N.W., be, and is hereby rezoned from CN, Commercial - Neighborhood District, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Application, Amended Application No. 2, dated December 12, 2018. 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: ).1 b� City Clerk. Rezone with proffers 3162 Wmson.doc 2 !I' ' CITY COUNCIL AGENDA . . • . To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: Seven Hills Investment Properties, LLC, requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN, Commercial- Neighborhood District, to CG, Commercial - General District, with conditions. Summary: The Planning Commission held a public hearing on Monday, January 14, 2019. By a vote of 6 -0, with Commissioner Atwood absent, the Commission recommended approval of the rezoning request, finding that the Amended Application No. 2 is consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as the subject property will be redeveloped and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning, with conditions Applicant /Owner: Venkat Reddy, Seven Hills Investment Properties, LLC. Agent: Hussain Alam, Alam Design Group City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 3162 Williamson Road, N.W. Official Tax Nos.: 2070143 Site Area: +/- 0.5485 acres Relevant Plans: Williamson Road Area Plan Proposed Land Use: Mixed -use building to include residential dwelling units and a Laundromat Future Land Use: Small and Medium Scale Commercial Filing Date: Original Application: October 29, 2018 Amended Application No. 1: November 16, 2018 Amended Application No. 2: December 14, 2018 Background: The building on the property was constructed as the Lee Theatre in 1942. Later, the theater was converted to a mixed use building by creating 20 apartment units on a new upper floor and offices on the original lower floor. The applicant wants to maintain the mixed -use building use and increase the number of apartment units to 30. The current CN zoning restricts the number of dwelling units to one per 1000 square feet of lot area. As the property is approximately 23,892 square feet, the total number of dwelling units allowed is limited to 23. The applicant wishes to amend the zoning of the property to CG, Commercial - General District, a zoning district type that abuts the property to the southeast. The CG district does not have a limitation on the density /number of dwelling units permitted and would permit the intensity of use the applicant seeks. The proposed amendment includes conditions limiting the uses to those in both the CN and CG district and requiring parking /streetscape improvements on the Haffen Street side of the property. Proposed Use /Development: The proposed use of the property is a mixed -use building. The floor plan submitted with the application shows the renovation of the building to change the offices on the first floor to a laundromat and additional residential dwelling units. The zoning ordinance requires 1.5 parking spaces for each dwelling unit and one space for the laundromat for a total of 46 spaces (minimum parking standards do not apply in the current CN district). The site plan proposes the reconfiguration of the Haffen Street, N.W., right -of- way and existing parking area. There is currently no curb along this portion of Haffen Street, which results in a 200 foot wide entrance into the parking area with no defined travel ways. The proposed plan dedicates some right -of -way and adds curb, gutter, sidewalk and a planting strip. Two discrete entrances are provided to provide defined circulation. The reconfigured parking and right -of- way results in 25 onsite parking spaces with 7 newly created on- street parking spaces. The remaining spaces are proposed to be leased from adjoining business property owners (requires an off -site parking agreement to be executed and recorded). The proposed residential units are micro - apartments targeted at providing a needed housing option in the Williamson Road corridor. Considerations: Compatibility with Surrounding Land Uses: The property is located on the Williamson Road corridor near the intersection with 10th Street. It is surrounded by CG, Commercial - General District, property E to the southeast; CN, Commercial- Neighborhood District, property to the north and northeast; RM -2, Residential Mixed Density District, property to the southwest; and RM -1, Residential Mixed Density District, property to the south, as shown on the Zoning Map Excerpt enclosed as Attachment A. The future land use map from the Williamson Road Area Plan envisioned this portion of this corridor as a village center area with higher intensity commercial and higher density residential uses. Mixed use buildings containing laundromats and residential dwelling units are allowed in both the CN and CG district. In this case, the rezoning relates to the density of residential units permitted on the property. While the floor plan of the building is not proffered, it does maintain the existing commercial building form with parking to the rear and side. Applicability /Appropriateness of Proposed Zoning District The proposed CG District allows the applicant to increase the number of micro - apartments in this village center area adjacent to public transportation. Availability of Other Property Williamson Road is an area that has many existing buildings. Renovation and reuse of the existing buildings is important to the revitalization of the entire corridor. The existing 12,960 square foot building in the proposed village center area is an ideal building for this type of reuse located in a commercial neighborhood node along Williamson Road. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Williamson Road Area Plan recognize that neighborhood centers are an important element within the community and that higher density residential development and more intensive commercial uses are appropriate in such areas. Policy/Action Roanoke's neighborhoods should function as "villages," with downtown serving as the City's premier urban village. Higher densities of development should be concentrated around existing or planned mixed -use neighborhood commercial areas, with housing density decreasing away from the village center ' Vision 2001 -2020. City of Roanoke 2001 Plan I Applicability to matter Comprehensive Plan', pg. 39 The increase in residential density is appropriate in this village center area noted on the Housing and Neighborhood Map within the Comprehensive Plan. 3 Policy/Action Oakland School All of the past plans for the Williamson Road Corridor have recognized this site's potential. This is an ideal location for continued village center development. Oakland School, along with other existing buildings and uses, create the framework for a strong center. Site planning should explore the establishment of a public square beside Oakland School. Encourage mixed uses to improve vitality and continuous use of commercial areas. Housing diversity: An appropriate balance of diverse housing types will be encouraged. Residential uses will include single- and two - family dwellings, apartments, townhouses, upper floor residential (above business uses), and live -work spaces. Residential density patterns: Generally, residential densities in and around village centers and commercial nodes will be high. Between village centers, residential densities will be lower. Comments on Application: Planning Commission Work Session: Plan I Applicability to matter Williamson Road Area Plan', pg. 47 Williamson Road Area Plan, pg. 50 Williamson Road Area Plan, pg. 50 The property will be developed for a neighborhood center type use appropriate for the surrounding community. The rezoning to CG District allows a housing unit type not currently available in the area and brings life to the area by expanding the use into a building that has been vacant for some time. The rezoning increase the density in an appropriate village center type area. The following items were discussed in the Planning Commission Work Session and should be addressed for compliance with City policy and ordinances. 1) The proffered conditions list has special exception uses listed as permitted by right and one use listed that is not permitted in both CN and CG. The Applicant must amend the application to reflect special exception uses as such and remove the extra use not permitted in both CN and CG. See the attached list with corrections noted. 2) A proffered development plan or condition would be best to ensure enforceability and alleviate concern about the streetscape improvements to be made to support this type of intensification of residential use on the property. The concept site plan shows property improvements ' Williamson Road Area Plan City of Roanoke 2004 El appropriate for such change in neighborhood, but are not enforceable unless it was to become a proffered development plan or be addressed in some other way. The amended application addresses these comments by revising the proffered list of uses and including a proffer requiring streetscape and parking area improvements as shown on the site plan. Interdepartmental Comments: General comments were provided from the Fire Marshal's Office, Transportation, and Planning, Building, & Development related to the change of use, comprehensive development plan process, streetscape improvements and other zoning items. Public Comments: Nina Heldt, 3153 Round Hill Avenue, called to ask about the proposed project. Her concerns were light from the parking lot; where the dumpster would be located; and whether there would be a privacy fence as she does not want to see the property, have litter from the property, or have her dogs have access to the residents from her backyard. Planning Commission Public Hearing (]an 14 2019)• Nina Heldt, 3153 Round Hill Avenue, stated that the proposed project is a good use for the property and appreciates the revitalization of Haffen Street, but is concerned about the trash and noise during construction as she has been subject to the 10`h Street construction project for a long time and a possible new construction project by the Western Virginia Water Authority. She said that in the past she has collected trash from the property when it was vacant. She stated that she appreciates the owner contacting her about the project and would like to see the trees on the property near her property line remain and a privacy fence to be installed. The Planning Commissioners talked about the scope of what the Planning Commission looks at and which property the trees are located on. (Per Ms. Heldt, two trees are on the property line and the remaining trees are on the applicant's property.) Conclusions and Recommendations: The existing 12,960 square foot building in the proposed village center area along Williamson Road has been vacant for several years. The building most recently was used as a mixed -use building combining residential and commercial uses. The change in zoning allows a greater number of residential dwelling units within the existing building, but also requires parking to be provided for those units. A condition is proffered that would also require upgrading the streetscape G0 along Haffen to meet the additional demand that the increase in number of dwelling units would bring. The streetscape improvements include right -of -way dedication, new on- street parking, curb and gutter, planting strip with trees, sidewalk, and entrance locations in particular areas. With the conditions proffered limiting uses and upgrading the streetscape, the change is appropriate for the commercial neighborhood center location. - ---------------------/- .Ja es E. Smith, Chair 7 City Planning Commission Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Venkat Reddy, Seven Hills Investment Properties, LLC. Hussain Alam, Alam Design Group A a C fl E u i-+ Q CL a cn Z n � !7 O N C N 1- O U 0 x z Z �a N OC. , �� Pk � 0 N L M D c. g o v to ID 7R c Q u w u� U. ° o, O l0C w C D N ,-. 'Q 'O L C v a� v 'am E E ? m �m Lp1 ry Z3 -ffi n a o E c m 3 X m ° O a 3 a - K a m m o m d U O 00 Q N K w K � fV LL (n V 0 J 2 N a. a X yc ri u n Q g i M O o N 01 1 0 I I (� ^J' L 4�4VL4� N d U. °o N O O 0 Zoning Amendment Application Department of Planning Budding and Development Room 170 Noel C Taylor Municipal Buddlig 215 Church Avenue S W Roanoke. Virgini a 24011 Phone (540) 853-1730 Fit ng Date, V 12; 2011 a Submrtal Number iAviendedApplrar on No Reauetat I�eioct a��RRI!►�= _. i Rezoning. Not Othermse L *.ed x' Rezonng. Conditional Rezoning to Planned Unit Development i Establishment a Compr4hensive Sign Overlay D,strct ErPROM- Inl%trnj IJar ; RECEIVED DEC 14 2018 CITY OF RO>ANOKE PLANNING BUILDING 8 Click to Pnnt ( -j Amendment of Proffered Condtons Ej Amendment of Planned Un f DeMopment Siam [-1 Arntndmen, of C, mprehensive S gn Overlay Distrcc Ordinance ` No(•. If applicable Pr;p d L- �ndUse ]Re,d.Mat 'Corrmef -> P"" My QI rlffl raair z Name Seven Hills Investment Properties LLC Phone Number ,J 9 7 +ddn?ss L15 ;inks Vr¢w Dry e. Salem VA 241y3 J E md! venkat;, -reddy oacoxmaf cr t M11 tt uyeu Dim; Nam,r. Mdores A �rl Aunt l."tl''Rirtmlftn [it illcti►le�: Pho`te 1-4 'nt'4'r E-mail Name Alam Des gn Grova _ P+-one Number ; a ! (540) 966-3635 Address F360 Rciaj Ukr ` Road DaleviNe VA 24063 E.snari ;amen ?alamdesrq rru :: f r Address 13162 Williamson ,d 011r'-al Tax Noisy TM ,o 70143 _... Exrstm,i Without Condifp is Zoning i N. Cflmmrrc at Ne ghborhocd With Conditions PI 'ned .nit Dotelcrment Req uested W': hout Cond lions `on 'n9 CG t cmmFrr alt :e>n�.al x W h C_- ndlions ❑ Pl :nned Un ' Devefopme° Ordinance ` No(•. If applicable Pr;p d L- �ndUse ]Re,d.Mat 'Corrmef -> P"" My QI rlffl raair z Name Seven Hills Investment Properties LLC Phone Number ,J 9 7 +ddn?ss L15 ;inks Vr¢w Dry e. Salem VA 241y3 J E md! venkat;, -reddy oacoxmaf cr t M11 tt uyeu Dim; Nam,r. Mdores A �rl Aunt l."tl''Rirtmlftn [it illcti►le�: Pho`te 1-4 'nt'4'r E-mail Name Alam Des gn Grova _ P+-one Number ; a ! (540) 966-3635 Address F360 Rciaj Ukr ` Road DaleviNe VA 24063 E.snari ;amen ?alamdesrq rru :: f Zoning Amendment Application Checklist The following must be submitted for all applications: rx Completed application form and checklist. r Written narrative explaining the reason for the request. F etes and bounds description, if applicable. rx Filing fee. Fora rezoning not otherwise listed, the following must also be submitted: F- plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For a conditional rezoning, the following must also be submitted: Ix Written proffers. See the City's Guide to Proffered Conditions. r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as development plan if proffered. For a planned unit development, the following must also be submitted: r- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted: r- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, r if applicable. F ritten proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r— Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: [— Amended comprehensive signage plan meeting the requirements of Section 36.2 - 336(4) of the City's Zoning Ordinance. F- of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: r- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted: F- Cover sheet. r- Traffic impact analysis. F Concept plan. F Proffered conditions, if applicable. f Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. NARRATIVE Property Address: 3162 Williamson Road, Roanoke, VA 24012 Tax Parcel No: TM #2070143 Acreage: 0.5485 Acre Applicant: Seven Hills Investments, LLC Actual Owner: Williamson Road, LLC • Parcel TM #2070143 consists of approximately 0.5485 acre of land area with approximately 79 feet of frontage on Williamson Rd and approximately 255 feet of frontage on Haffen Street. It includes a sizable parking area at the rear of the building. • This lot is located within the CN Zoning District. 3162 Williamson Road is currently owned by Williamson Road, LLC. Seven Hills Investment, LLC has a contract to purchase the property, which is the subject of this rezoning application. The building is located on a main thoroughfare (Williamson Road) and also accessible from Haffen Street. Built in 1942 and formerly known as Lee Theatre, the structure stayed vacant for years and was repurposed as a commercial space, primarily retail storefront on the ground level, one bedroom/ studio apartments on the upper level with 12,960 sq ft of finished space. The decaying building has been left vacant and abandoned for many years. Today its windows are boarded with plywood and its exterior entrances are topped with razor wire, becoming an unused building and blight in Roanoke. The deteriorating conditions of the building communicate to passersby that Williamson Road is unsafe and in decline. The building is structurally sound but needs substantial adaptation and extensive interior renovations to revitalize it. The developer is planning to implement and use his expertise in residential and commercial rehabilitation of historic buildings and construction to revitalize this building. The proposed redevelopment of the property, which will involve renovating the upper floor apartments and converting the existing commercial space into apartments/ studios and a public laundromat would improve this segment of Williamson Road by incorporating design guidelines of the City's Urban Design Manual. With an existing layout of twenty studio apartments in the upper floor and the possibility to reconfigure the main floor to additional residential units along with a public laundromat as commercial space, and the existing use of a sizable parking lot in the rear of the property along of being at a the intersection of an artery road (Williamson Rd) and a byroad ( Haffen Street). No other properties in the area are suitable to such development and none are currently for sale. Driven by both rising costs and changing residents preferences, the micro - apartment concept will be a good fit for this building. It will bring new residents and tenants, help nearby businesses to flourish, and create more affordable housing for modest wage earners. The units will average about 283 square feet and will be on the market for around $430 /month. One of the main attracting points for potential tenants will be the convenience with easy accessibility and public transportation (Bus 21) along with available parking spaces as required by code. Existing blank walls will be transformed by adding windows. Each apartment will be guaranteed a window view of the city, which will increase the transparency and enhance the building's relationship to the streetscape. The proposed project will consist of revitalizing the building by remodeling the upper floor and reconfiguring the main floor from a commercial space to commercial and residential space, which consists of studio apartments and a laundromat available to tenants all day and to the public from Sam to 8pm. The applicant plans to redesign the rear parking lot to meet the proposed zone requirements and implement street improvements to reflect the Williamson Road Area Plan adopted by Roanoke City Council in October 18, 2004. • The proposed site plan shows green areas with large species street trees, as street trees are a crucial part of a streetscape improvement strategy. • There will be planting strips between sidewalks and curbs to accommodate trees. • Develop alternative parking arrangements. The applicant has a pre- agreement to rent parking spaces with the owner of 3202 Williamson Road ( Tax# 2070104) and is still negotiating with other property owners. The proposed project consists of adapting the existing mixed -used building, which has twenty studio apartments and commercial space into thirty apartments and a public laundromat. The building will be a low traffic generator, much less than 1,000 per day and 100 trips per hour, therefore no traffic study is planned. The applicant is seeking to conditionally rezone the property from CN zoning district to CG zoning district. PROFFERS TO BE ADOPTED ON ROANOKE CITY TAX PARCEL # 2070143 1. The property shall be used only for the following uses: The following uses which are permitted of right or by special exception in both CN and CG zoning districts: Accommodations and Group Living • Short-term rental Commercial Uses: Office and Related Uses • Business service establishment, not otherwise listed • Financial institution • Laboratory, dental, medical, or optical • Medical clinic • Office, general or professional • Office, general or professional, large scale Commercial Uses: Miscellaneous • Animal hospital or veterinary clinic, no outdoor pens or runs • Animal hospital or veterinary clinic, outdoor pens or runs. ( By special exception only) • Community market • Live -work unit • Mixed -use building • Studio /multimedia production facility Commercial Uses: Retail Sales and Service • Bakery, confectionary, or similar food production, retail • Body piercing establishment • Dry cleaning and laundry pick -up station • General service establishment, not otherwise listed • Internat sales establishment • Laundromat • Motor vehicle rental establishment, without inventory on -site • Personal service establishment, not otherwise listed in this table • Pet grooming • Retail sales establishment, not otherwise listed • Tattoo parlor Assembly and Entertainment Uses • Club, lodge, civic, or social organization • Community center • Eating establishment • Eating and drinking establishment, not abutting a residential district • Eating and drinking establishment, abutting a residential district. ( By special exception only) • Entertainment establishment, abutting a residential district. ( By special exception only) • Health and fitness center • Meeting hall, abutting a residential district. ( By special exception only) • Meeting hall, not abutting a residential district • Microbrewery or microdistillery not abutting a residential district • Microbrewery or microdistillery abutting a residential district. ( By special exception only) • Park or playground • Place of worship • Theater, movie or performing arts Public, Institutional, and Community Facilities • Artist studio • Community garden • Day care center, adult • Day care center, child • Educational facilities, business school or nonindustrial trade school • Educational facilities, elementary/middle /secondary • Educational facilities, school for the arts • Fire, police, or emergency services • Government offices or other government facility, not otherwise listed • Library • Museum • Post office • Supply pantry Utility Uses • Broadcasting studio or station • Utility distribution or collection, basic • Utility distribution or collection, transitional. ( By special exception only) • Wireless telecommunications facility, small cell on existing structure • Wireless telecommunications facility, stealth • Wireless telecommunications facility, not otherwise listed. ( By special exception only) Agricultural Uses • Agricultural operations. ( By special exception only) Accessory Uses • Accessory uses, not otherwise listed in this Table • Homestay • Outdoor display area • Outdoor recreation facility lighting or sports stadium lighting. ( By special exception only) • Wind turbine, small. ( By special exception only) 2. The streetscape improvements including: dedication of right -of -way, entrance location and width, curb, gutter, sidewalk, planting strip, and landscaping shall be in substantial conformity with the "Site Plan for 3162 Williamson Road NW" dated October 26th, 2018, subject to such changes as may be required by the City of Roanoke during the comprehensive or basic site plan review approval process. z z ? 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N • R -7: Res Single - Family 0�� ~ o ' `L '1#... • ::O�p� 0��� RA: Res-Agricultural `LO Otip� �p1 ev O RM -1: Res Mixed Density RM 2: Res Mixed Density �oAp% RMF: Res Multifamily �TO ROS: Recreation and Open Space • �+�N0 AV UF: Urban Flexr> 00 X01 p,\ O Conditional Zoning `` p`�. 'per `t' �O NIII 2070239 ! co �, rb 0 100 200 Feet o_' N The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE VA 24011 Account Number 6011439 -Date January 08, 2019 Date Category Description Ad Size Total Cost 01/1412019 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 279 L 2,614.48 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: 01/01, 01108/2019 The First insertion being given ... 0110112019 Newspaper reference: 0000873282 Billing Representative Sworn to and subscribed before me this Tuesday, January 8, 2019 Wotary P bli Mc...... State of Virginia P . NOTgRY City /County of Roanoke pU6L1C My Commission expires _ REG. #332964 : it MYY comkIISSI0td TUIC IC AI/1T A QII 1 151 CACC OAV CGl1AA 1KRIn1!`C *rUA \It! Vhll mow., Vff4 .jiA PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Cham- ber, 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 Ave- nue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commis- sion will hold a public hearing on Janu- ary 14, 2019, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following mat- ters: Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roa- noke (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clar- ify and make the City's zoning ordi- nance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a com- prehensive rezoning or change of any densities that would decrease permit- ted density in any district, unless oth- erwise noted (see Sec. 36.2 -201. Estab- lishment of districts, for full name of zoning districts cited herein by their re spective abbreviations): Table 205 -1, Permitted yard encroach ments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205 -2, Application of maximum front yard requirements, to update the contents of Table 205.2 for 50 percent of the fa4ade to be within the maxi- mum front yard. Section 36.2.311, Use table for residen tial districts, to allow multifamily dwellings with 10 or fewer units by right in RM -2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM 2 and by right in RMF. Section 36.2.312, Dimensional regula- tions for residential districts, to reduce the minimum rear yard requirement in the R -12 district to 15 feet. Section 36.2 -315, Use table for multiple purpose districts, to replace dwelling, multifamily with two classes of dwell- ing, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting 11 or more units in the MX and CN dis- tricts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D, and OF districts; and to add kennel, no outdoor pens or runs as a permitted use in the D district, and to add kennel, outdoor pens or runs by special exception in the D district. Section 36.2 -316, Dimensional regula tions for multiple purpose districts, to add an asterisk to the fapade transpar envy requirement in the CG district, thereby making a 20 0o standard apply for certain residential uses. Section 36.2 -322, Use table for industri- al districts, to add certain residential uses as permitted by special exception: and to add pet grooming as a permit- ted use in the 1 -1 district. Section 36.2 -328, Dimensional regula- tions for planned unit development dis- tricts, to remove the density minimum for all planned unit development dis- tricts. Section 36.2 -530, Certificates of appro- priateness, to remove Section 36.2 -530 (c)(4) related to consideration of amended applications. Section 36.2 -642, General landscaping and screening standards, Section 36.2- 642 (b)(1), to create a reference to a tree list and specifications approved and published by the zoning adminis trator and delete Table 642.1, Trees: Approved Plant List, Minimum Size at Planting. 20 Year Canopy, and Suitabill ty. Section 36.2 -644 (a), Overall tree cano py requirements, replace reference to Table 642.1 with the proposed tree list and specifications approved and pub- lished by the zoning administrator and eliminate reference to Manual of Woody Landscape Plant5. Section 36.2 -652 (c), Reduction for proximity to public transit, to remove "nonresidential" so section applies to all uses. Table 6522, Required Parki-,g Space, to correct figures for various residen- tial dwelling types. Table 654 -1, Parking and Loading Area Standards, to modify the driveway. parking location relative to principal structures. Section 36.2 -816, Rules and records, tc change "calendar" year to "fiscal" year Section 36.2 -826, Rules and records, to change "calendar" year to "fiscal" year. Section 36.2 -840, Generally; establish- ment, to add language to authorize the appointment of a Deputy Zoning Ad- ministrator. The proposed amendments are availa- ble for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http: / /roanoke va. gov /planningcommission. Seven Hills Investment Properties, LLC, requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN, Com mercial- Neighborhood District, to CG, Commercial - General District, with con ditions. The use classes permitted in the Commercial - General District in clude accommodations and group liv- ing: commercial; warehousing and dis 11ibution; industrial; assembly and en- tertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The city's comprehensive plan designa- tes the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use build- ing to include residential dwelling units and a laundromat. An application filed by the City of Roa- noke requests the vacation of a portion of Denniston Avenue, S.W., from its in- tersection with the southern side of Memorial Avenue, S.W., at an approxi- mate width of 133 feet, to its intersec- tion with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approxi- mately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Ta, Map No. 1330401, and for a distance of approximately 275 feet along the southern side of Denniston Avenue ad- jacent to 0 Denniston Avenue, S W.. Of ficial Tax Map No. 1330606. An application filed by the City of Roa noke seeks to rezone 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, from Commercial -Neigh District (CN) to Institutional Plan- ned Unit Development District (INPUD). a portion of 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, from Commercial- Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Denniston Avenue. S.W., Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit De- velopment District (INPUD), and a por tion of the Denniston Avenue right -of- -way to be vacated between these par- cels (bearing Official Tax Map Nos. 1330401, 1330606. and 1330631) from Residential Mixed Density District (RM 1), Residential Mixed Density District (RM -2) and Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning appli- cation titled "Area to be re -zoned to INPUD" that shows the parcels and por tions thereof to be rezoned, which is available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http: / /roanokev a.gov /planningcommission. The land use categories permitted in Institution- al Planned Unit Development District (INPUD) include residential; accommo- dations and group living; commercial: assembly and entertainment; public, institutional and community: transpor- tation; utility: agricultural; and acces- sory uses. The. comprehensive plan designates the property for Residential Mixed Density District (RM -1), Residen tial Mixed Density District (RM -2) and Commercial- Neighborhood District (CN). The proposed use is a new fire station for the City, providing emergen cy services and other governmental services. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on January 22, 2019, 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. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 R,,,r l* s. MM,C City Clerk (8'3282) 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 January 14, 2019, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: 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 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 (see Sec. 36.2 -201. Establishment of districts, for full name of zoning districts cited herein by their respective abbreviations): Table 205 -1, Permitted yard encroachments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205 -2, Application of maximum front yard requirements, to update the contents of Table 205 -2 for 50 percent of the fagade to be within the maximum front yard. Section 36.2 -311, Use table for residential districts, to allow multifamily dwellings with 10 or fewer units by right in RM -2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM -2 and by right in RMF. Section 36.2 -312, Dimensional regulations for residential districts, to reduce the minimum rear yard requirement in the R -12 district to 15 feet. Section 36.2 -315, Use table for multiple purpose districts, to replace dwelling, multifamily with two classes of dwelling, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting 11 or more units in the MX and CN districts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D, and OF districts; and to add kennel, no outdoor pens or runs as a permitted use in the D district, and to add kennel, outdoor pens or runs by special exception in the D district. Section 36.2-316, Dimensional regulations for multiple purpose districts, to add an asterisk to the facade transparency requirement in the CG district, thereby making a 20% standard apply for certain residential uses. Section 36.2 -322, Use table for industrial districts, to add certain residential uses as permitted by special exception; and to add pet grooming as a permitted use in the I -1 district. Section 36.2-328, Dimensional regulations for planned unit development districts, to remove the density minimum for all planned unit development districts. Section 36.2 -530 Certificates of appropriateness, to remove Section 36.2 -530 (c)(4) related to consideration of amended applications. Section 36.2 -642 General landscaping and screening standards, Section 36.2 -642 (b)(1), to create a reference to a tree list and specifications approved and published by the zoning administrator and delete Table 642. 1, Trees: Approved Plant List, Minimum Size at Planting, 20 -Year Canopy, and Suitability. Section 36.2 -644 (a) Overall tree canopy requirements, replace reference to Table 642.1 with the proposed tree list and specifications approved and published by the zoning administrator and eliminate reference to Manual of Woody Landscape Plants. Section 36.2 -652 (c) Reduction for proximity to public transit, to remove "nonresidential" so section applies to all uses. Table 652 -2, Required Parking Spaces, to correct figures for various residential dwelling types. Table 654 -1, Parking and Loading Area Standards, to modify the driveway /parking location relative to principal structures. Section 36.2 -816, Rules and records, to change "calendar" year to "fiscal" year. Section 36.2 -826, Rules and records, to change "calendar" year to "fiscal" year. Section 36.2 -840, Generally; establishment, to add language to authorize the appointment of a Deputy Zoning Administrator. 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. Seven Hills Investment Properties, LLC, requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN, Commercial - Neighborhood District, to CG, Commercial- General District, with conditions. The use classes permitted in the Commercial - General District include accommodations and group living; commercial; warehousing and distribution; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The city's comprehensive plan designates the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use building to include residential dwelling units and a laundromat. An application filed by the City of Roanoke requests the vacation of a portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., at an approximate width of 133 feet, to its intersection with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, and for a distance of approximately 275 feet along the southern side of Denniston Avenue adjacent to 0 Denniston Avenue, S.W., Official Tax Map No. 1330606. An application filed by the City of Roanoke seeks to rezone 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, from Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, from Commercial - Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Denniston Avenue, S.W., Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and a portion of the Denniston Avenue right -of -way to be vacated between these parcels (bearing Official Tax Map Nos. 1330401, 1330606, and 1330631) from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning application titled "Area to be re -zoned to INPUD" that shows the parcels and portions thereof to be rezoned, which is available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http:// roanokeva .gov /planningcomi-n1ssion. The land use categories permitted in Institutional Planned Unit Development District (INPUD) include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory uses. The comprehensive plan designates the property for Residential Mixed Density District (RM -1), Residential Mixed Density District (RM- 2) and Commercial- Neighborhood District (CN). The proposed use is a new fire station for the City, providing emergency services and other governmental services. City Council will hold public hearings on the aforesaid matters on January 22, 2019, 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. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 Please publish in newspaper on Tuesday, January 1, 2019, and Tuesday, January 8, 2019. 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(�Oroanokeva.� 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 STEPHANIE M. MOON REYNOLDS, MIMIC City Clerk Husain B. Alam Owner and President Alam Design Group 1360 Roanoke Road Daleville, Virginia 24083 Dear Mr. Alam: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(u)roanokeva.gov January 4, 2019 CECElAA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk A previously advertised public hearing regarding a request of Seven Hills Investment Properties, LLC to rezone property located at 3162 Williamson Road, N.W., from Commercial- Neighborhood District, to Commercial - General District, with conditions, has been scheduled to be heard by the City Planning Commission on Monday, January 14, 2019 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, January 22 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, January 14. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, OX0 &�, j , 17%. 67— Cecelia F. McCoy Deputy City Clerk Enclosure c: Venkat Reddy, Seven Hills Investment Properties, LLC, 1535 Links View Drive, Salem, Virginia 24153 Judy P. Sutton, Manager, Williamson Road, LLC, P. O. Box 12068, Roanoke, Virginia 24022 STEPHANIE M. MOON REYNOLDS, MMC City ('Jerk Yousseff Melki Karen L. Bastian CB &D, LLC Roanoke Holdings, LLC Ladies and Gentlemen: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853-1145 E-mail: clerk(axoanokeva.gov CECELIA F. MCCOY Deputy City ('Jerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk January 4, 2019 Grant Jonathan Payne and Wesley Adkins Jennifer L. Ehalt Realty Income Properties 13, LLC A previously advertised public hearing regarding a request of Seven Hills Investment Properties, LLC to rezone property located at 3162 Williamson Road, N.W., from Commercial- Neighborhood District, to Commercial - General District, with conditions, has been scheduled to be heard by the City Planning Commission on Monday, January 14, 2019 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, January 22 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on January 14. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure STEPHANIE, M. MOON REYNOLDS, MMC City Clerk Tom Austin, PE Mattern and Craig 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Austin: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(a),roanokeva.gov January 24, 2019 CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41368- 012219 permanently vacating, discontinuing and closing a portion of Denniston Avenue, S. W., from its intersection with the southern side of Memorial Avenue, S. W., to its intersection with the western side of Our Street, S.W., for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S. W., Official Tax Map No. 1330401, and for a distance of approximately 325 feet along the southern side of Denniston Avenue adjacent to 1802 Memorial Avenue, S. W., Official Tax Map No. 1330605, 0 Denniston Avenue, S. W., Official Tax Map No. 1330606, and 1810 Denniston Avenue, S. W., Official Tax Map No. 1330631, as more particularly described hereinafter. Furthermore, the applicant shall, upon a certified copy of Ordinance No. 41368- 012219 being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Lastly, if all of the above conditions have not been met within a period of two years from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 2019, and is in full force and effect upon its passage. AincerAy, Stephanie M. Moon Rey I46, iT City Clerk Enclosure pc: Memorial Avenue Partners, LLC, P. O. Box 586, Roanoke, Virginia 24004 Lotus Healing, LLC, 2223 Westover Avenue, S. W., Roanoke, Virginia 24015 Tom Austin January 24, 2019 Page 2 pc: The Cambridge Partnership, P. O. Box 265, Salem, Virginia 24153 City of Roanoke Fire Station No. 7, P. O. Box 1451, Roanoke, Virginia 24007 David S. Moeller, 2143 Berkley Avenue, S. W., Roanoke, Virginia 24015 Ronald F. Renick, 227 Crestview Drive, Vinton, Virginia 24179 Carroll F. Toler, Jr., 1809 Denniston Avenue, S. W., Roanoke, Virginia 24015 John L. Swaine, II, 1805 Denniston Avenue, S. W., Roanoke, Virginia 24015 Robert L. Wade, Jr., P. O. Box 3358, Roanoke, Virginia 24015 -1358 Angela Smibert, 1641 Hampton Avenue, S. W., Roanoke, Virginia 24015 Oak Tree Ventures, LLC, 1820 Memorial Avenue, S. W., Roanoke, Virginia 24015 Thurman and Shirley T. Crowder, 1312 Winbome Street, S. W., Roanoke, Virginia 24015 Meghan M. Harlow, 1322 Watauga Street, S. W., Roanoke, Virginia 24015 Bruce C. Houghton, 2270 Maiden Lane, S. W., Roanoke, Virginia 24015 Kelly C. Handy, 1819 Westover Avenue, S. W., Roanoke, Virginia 24015 Carolyn W. Macleod, 1815 Westover Avenue, S. W., Roanoke, Virginia 24015 John D. and Mimi G. Young, 1809 Westover Avenue, S. W., Roanoke, Virginia 24015 Robert M. Swindell, III, 1805 Westover Avenue, S. W., Roanoke, Virginia 24015 Barton C. Smith, 1801 Westover Avenue, S. W., Roanoke, Virginia 24015 Nancy Galli and Patrick B. Setter, 1733 Westover Avenue, S. W., Roanoke, Virginia 24015 James Craig Martin, IV, P. O. Box 352, Essington, Pennsylvania 19029 Hawks Point Properties, LLC, 2018 Electric Road, S. W., #204, Roanoke, Virginia 24018 Westover Avenue Apartments, LLC, P. O. Box 4517, Roanoke, Virginia 24015 Francis J. and Primrose Eastburn, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015 Amy L. Richardson, 1634 Hampton Avenue, S. W., Roanoke, Virginia 24015 Tina Carr, Secretary, City Planning Commission Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Katheryn Gray, City Planner II Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer 6k-11 PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 1330605, 1330631, 1330401, and 1330606 PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41368- 012219. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., to its intersection with the western side of Our Street, S.W., for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, and for a distance of approximately 325 feet along the southern side of Denniston Avenue adjacent to 1802 Memorial Avenue, S.W., Official Tax Map No. 1330605, 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, and 1810 Denniston Avenue, S.W., Official Tax Map No. 1330631, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke ( "City "), filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on January 22, 2019, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke 1 (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows: Portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., to its intersection with the western side of Our Street, S.W., for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, and for a distance of approximately 325 feet along the southern side of Denniston Avenue adjacent to 1802 Memorial Avenue, S.W., Official Tax Map No. 1330605, 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, and 1810 Denniston Avenue, S.W., Official Tax Map No. 1330631 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without 2 the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that closure of the subject right -of -way shall be subject to the following conditions: 1. The applicants shall complete the transactions necessary between the City, Francis J. and Primrose Eastburn; and Oak Tree Ventures, LLC, to create the proposed parcels as shown on a plat titled in part "Plat Showing Right -of -Way Vacation, Right -of -Way Dedication, Resubdivision and Combination for the City of Roanoke " (hereinafter the "Plat ") prepared by Mattern and Craig, dated November 14, 2018, a copy of which Plat is attached to the City's application dated November 27, 2018. Such transaction(s) and the vacation of that portion of Denniston Avenue described herein will result in the City acquiring Area A -2 (Official Tax Map No. 1330605), Area B (Official Tax Map No. 1330606), Area C (Official Tax Map No. 1330631) and Area D (Official Tax Map No. 1330401) as shown on the Plat; and Oak Tree Ventures, LLC acquiring Area A -1 (Official Tax Map No. 1330605) as shown on the Plat. BE IT FURTHER ORDAINED that the applicants shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, the aforementioned Plat, with such Plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the 3 same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. BE IT FURTHER ORDAINED that the applicants shall, upon meeting all conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicants, and the names of any other parties in interest as set forth in this Ordinance, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicants shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if all of the above conditions have not been met within a period of two years from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Vacate portion of Denniston Ave, SW 11- revised.doc 4 s r, COUNCIL CITY AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: An application filed by the City of Roanoke requests the vacation of a portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., to its intersection with the western side of Our Street, S.W. Recommendation The Planning Commission held a public hearing on Monday, January 14, 2019. By a vote of 6 -0, with Commissioner Atwood absent, the Commission recommended approval of the vacation of right -of -way as requested, contingent upon the following conditions: 1. The City shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 2. Upon meeting all conditions to the granting of the application, the City shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and the names of any other parties in interest who may so request, as Grantees. The City shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the City shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt or other document acceptable to the Engineer for the City of Roanoke, demonstrating that such recordation has occurred. 4. if the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 5. As part of the redevelopment of the adjacent property (1 742 Memorial Avenue, S.W., Official Tax No. 1330401), Our Street, S.W., will be improved to accommodate additional multimodal use resulting from the vacation. Application Information: Request: Applicant: Agent: City Staff Person: Official Tax Nos.: Site Area: Relevant Plans: Filing Date: Background: Vacation of a portion of Denniston Avenue Robert S. Cowell, .Jr., City of Roanoke Charles M. Anderson, City of Roanoke Wayne Leftwich, Senior City Planner A portion of the Denniston Avenue right -of -way adjacent to 1330401, 133605, 1330606, and 1330631 +/- 0.35 acres Greater Raleigh Court Neighborhood Plan November 28, 2018 The City of Roanoke proposes to vacate a portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., to its intersection with the western side of Our Street, S.W., for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1 742 Memorial Avenue, S.W., Official Tax Map No. 1 330401 , and for a distance of approximately 275 feet along the southern side of Denniston Avenue adjacent to 0 Denniston Avenue, S.W., Official Tax Map No. 1330606. Proposed Use /Development: The vacated right -of -way will be used to support the construction of a new fire station and related support facilities on the properties adjacent to the area being vacated, as noted above. The portion of Our Street to the East of the current station will be expanded and improved to facilitate multimodal traffic (car, bus, pedestrian, etc.) that had previously used the portion of Denniston Avenue that will be vacated. As part of the redevelopment, the City will work with the adjacent commercial entity, Village Grill, to relocate an existing entrance on Denniston Avenue. The proposed reconfiguration will eliminate an excessively wide pedestrian crossing while maintaining the current level of connectivity between Memorial Avenue and Denniston Avenue. The development of the new fire station is subject to a separate request to rezone the properties and, if approved, detailed site plan review process to determine details related to the site and related right -of -way improvements. Considerations: Impact of Street Vacation to Public Accessibility: The vacation of a portion of Denniston Avenue will cause an inconvenience to motorists that typically use Denniston Avenue for access to or from Memorial Avenue. This inconvenience will be mitigated through improvements that will be made to the existing Our Street. Our Street will be expanded and improved to handle the re- routing of traffic from the vacated portion of Denniston Avenue. The planned improvements to Our Street will also result in an improved intersection at Memorial Avenue. Currently, at its intersection with Memorial, Denniston Avenue spans over 100 feet wide of unmarked asphalt, which interrupts the bicycle lane and sidewalk running along Memorial Avenue. In addition to the current width of the intersection, the two roads intersect at an angle and the portion of Denniston to the north of Memorial is askew from the intersection with the portion of Denniston to the south of Memorial. The intersection is further complicated by the entrance to the Village Grill, which is located along Denniston just feet from the intersection with Memorial Avenue. The complexities of this intersection will be eliminated and traffic will be rerouted to an improved Our Street, which will continue to intersect with Memorial Avenue at a right angle and create a more manageable crossing distance for pedestrians and bicyclists. The existing entrance to the Village Grill along Denniston will be re- positioned to an existing curb cut along Memorial Avenue. The fire station will exit out to Memorial at a right angle and the width of that exit is approximately 30 feet. The existing sidewalk and bike lane along Memorial Avenue will be extended to fill the remainder of the previous intersection. Consistency with Comprehensive Plan: Vision 2001 -2020, the Street Design Guidelines, and the Greater Raleigh Court Neighborhood Plan recognize that streets should be integrated to accommodate all users and pavement should be kept to the minimum width necessary. Policy /Action IN P2. Transportation System. Roanoke will provide a transportation system that is an integrated, multi - modal network of automobile, bicycle, pedestrian, and transit facilities. ' Vision 2001 -2020. City of Roanoke. 2001 Plan I Applicability to matter Comprehensive Plan', pg. 71 The Denniston and Memorial intersection will be eliminated and Our Street will be improved to facilitate multimodal traffic (car, bus, pedestrian, etc.). 3 Policy/Action Plan I Applicability to matter To provide safe, convenient and comfortable space for non - motorized Street Design street users to travel. Pavement Guidelines', pg. 8 should be kept to a minimum width necessary. Streets should be kept at the Greater Raleigh minimum width necessary to Court Neigh - accommodate vehicular traffic, on- borhood Plan', pg. street parking, and bicycle 44 accommodations where appropriate. Comments on Application: Public Utilities: The sidewalk and bike lane along Memorial will be extended across the vacated portion of Denniston, except for the exit from the Fire Station that will be approximately 30' wide. The excessively wide pedestrian crossing at the Denniston and Memorial intersection will be eliminated. Cox Cable has no objection to the alley closure but wanted to note that if something has to be moved that could take a period of time. Western Virginia Water Authority requested that any WVWA water or sewer assets located within the proposed vacation shall have a public water and or sewer easement provided. If this is not in line with the proposed use of the property, the owner should consider relocation of the utility. No comments were received from Roanoke Gas and Appalachian Power Company. Planning Commission Work Session: No comments. Public Comments: Staff has received no public comments. Planning Commission Public Hearing: A member of the public asked staff to read the recommended conditions. Z Street Design Guidelines, 2007 1 Greater Raleigh Court Neighborhood Plan, City of Roanoke. 2007 Conclusions and Recommendations: The Application, along with the proposed improvements to Our Street, S.W., is consistent with the City's Comprehensive Plan, the Street Design Guidelines, and the Greater Raleigh Court Neighborhood Plan and would not create an inconvenience to residents and business owners in the area. - --------------- - - - - -- -- .James E. Smith, Chair City Planning Commission Attachment A, Location Map 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 Spencer, Senior Assistant City Attorney Charles M. Anderson, City Architect 5 Vacation of Denniston Ave at Memorial Ave November 28, 2018 1:1,066 0 0.0075 0.015 0.03 mi 0 0.0125 0.025 0.05 km City of Roanoke, EagleV iew City of Roanoke To: Office of the City Clerk ■ Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. ❑ Amended Application No. Roanoke, VA 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: This application seeks to permanently close (vacate) a one block segment of Denniston Avenue, SW, the one block segment being that which occurs between Our Street to the south and Memorial Avenue to the north. Attached to this application are three exhibits: Exhibit 1: Sheet C3.1, SITE PLAN (SFCS, 100% DD Dwgs, 101718) Exhibit 2: Legal Description, Vacated Portion of Denniston Aveue, SW (Mattern & Craig) Exhibit 3: Plat Showing Vacation, Dedication and Re- subdivision (Mattern & Craig, 111418) Proposed use of vacated street or alley: The purpose of this request is to permit the construction of s new fire station to replace the nearly 100 -year old facility that occupies the current site. Vacating this portion of Denniston will aillow construction of a new building with a footprint nearly twice that of the present building, vihicular circualtion, parking for Fire Department staff, new generator and other associated work. Our Street will be widended to accommodate the requested closure of Denniston. Name of Applicant/Contact Person: Charles M. Anderson, Architect 11, Project Manager Mailing Address: Office of City Engineer, 215 Church Avenue, SW, Suite 350. Roanoke, VA 24011 Telephone: ( ) 853 -1007 Fax: ( )853 -1364 E -mail: chartes.anderson @roanokeva.gov t ) n tT!�n� 9z Ooze GENERAI. gwTFS evq u wwrPP Netts w•rMl) w w Ar P sa NN r or Prwwr NeA r+=�AIw IPPw PS erPwwlwAw Pwrrn wur wwowweN nP wOP w» wnI rt»P R IwelNa ee»eo _ apse r•.rlk, w __ waei'=�Pr= e�ow rrRwse.r ow mOw.u� �r� --�'�- wsrn�i,e.Pier�w asliP �w..Iwlwewwwo.N.w- w,w -ru ww.ewl.AP.. I.... I»......wPlm...,,....wl.Rw.m=,. _ KM�" -wY wa WwY A R Pn P Im[ MP -P��AY OCWi01 i=1==I t NEworaA AvE. STY 5 I c3== .. 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Mils .i�.:.d I °.mucrw"a."iwP°wA� R ®� am.10'Op.P.a�IOo-`e: IP�1Y�"'wPw.I000P'"P:.Ai � wm wewReewPw» repo R vMrtf � -�-iPS Peexe PP ewPOa iPnw, Ilw saRarwero=ou.=ParuP /Pa SITE TARNI-ATIONS: �. w wm Plus mew erwM1 n DPw m�"s=wPet wr. wim s �wNwN 4��ameP.wAr.s mePwP.P .Nweu• ww.r��wa «� r= �: 4.�a=nwP.R 100% DESIGN • °'°"- e"1°°" -'0P DEVELOPMENT Iwrnor eeeewr -ew• ROANOKE PP yrygey,NweA=w„PS,q Pr.=�mP -eNP FIRE STATION #7 eWO.lYarwll =Mp - ee�eP nN. ww. wwsPSla rP, - r.w "wowPw=ww . nwevkw wAw »Rrwww A aP=WwP>eNPwmpPw wn �a s r c s W IWANG rIPPIAl1 Pr • w war aew PPr woe SfCB pc•�Y59Prl„e>tiwn seal Ibw�UeNeeeZWt��. tl •ay.et evn' - I�ewrP ne»M �ePwwPw_ m erwR_ o- Pfe w Ioe NPw NN ® SITE PLAN rtv PLM NO.: CPxxxxxx �� C3.1 EXHIBIT 2 LEGAL DESCRIPTION PREPARED FOR THE CITY OF ROANOKE, VIRGINIA VACATED PORTION OF DENNISTON AVENUE S. W. BEGINNING AT CORNER 2; SAID POINT BEING THE NORTH EASTERLY CORNER OF OAK TREE VENTURES, LLC, THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. AND THE WESTERLY RIGHT -OF -WAY LINE OF DENNISTION AVENUE S. W.; THENCE WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. N 730 28'40" E 138.75 FEET TO CORNER 7, SAID POINT BEING THE NORTH WESTERLY CORNER OF THE CITY OF ROANOKE FIRESTATION NUMBER 7, THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. AND THE EASTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE S. W.; THENCE LEAVING THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. AND WITH THE EASTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE S. W. THE FOLLOWING THREE (3) COURSES: A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 134° 26'20", A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 46.93 FEET, A CHORD BEARING OF S 06° 07'10" W 36.88 FEET TO CORNER 11; THENCE S 61° 14'20" E 163.19 FEET TO CORNER 10; THENCE N 73° 28'40" E 3.39 FEET TO CORNER C; THENCE LEAVING THE EASTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE S. W. S 160 31'20" E 88.49 FEET TO CORNER E, SAID POINT BEING ON THE WESTERLY RIGHT -OF- WAY LINE OF DENNISTON AVENUE S. W.; THENCE WITH THE WESTERLY RIGHT -OF -WAY LINE OF DENNISTION AVENUE S. W. THE FOLLOWING TWO (2) COURSES: N 610 04'53" W 325.77 FEET TO CORNER 3; THENCE WITH A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 450 44'01", A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 15.96 FEET, A CHORD BEARING OF N 820 21'41" W 15.54 FEET TO THE POINT OF BEGINNING AND BEING THE VACATED PORTION OF DENNISTON AVENUE, S. W. CONTAINING 0.3869 ACRESS, AS SHOWN ON PLAT SHOWING RIGHT -OF -WAY VACATION, RIGHT -OF -WAY DEDICATION, RE- SUBDIVISION AND COMBINATION FOR THE CITY OF ROANOKE, PREPARED BY MATTERN AND CRAIG, DATED NOVEMBER 14, 2018 AS RECORDED IN INSTRUMENT NUMBER KNOW ALL MEN 9Y ME PRESENT TO Wk TWAT OAK TREE ANRAES. LLC R TM FEE SMMU 000 W I E BAND SHOMF MWON eaMED By CTM NRS 1, 2 A 4 A 6 TO I. N XOSVK AKA, MW ALL OF M LAND C N1EM TO SAD MID BY M D RECORDED N NE CLERKS OFFICE W TIE MOT COUNT OF TM MY OF ROANONE NNiM N NSNUEIIr /11ADER 750007197 THAT C" W RaWOlE M MA IS THE FEE SNPLE OVER OF I E LAND MOWN HEREON BONGED BY CORNERS 7, a a O. 11 ro 7. AMSIVE AND, MEAD ALL OF 71E LAND COVEWD TD SAD OWNER BY DEID RECORDED N RE LLERKS OPTW W TM aRw C01Mr OF DE OTY OF ROANOME MGM N DEW BOOK 364 PACE 271 THAT FRANCIS A EASMIRM AND PROMSE EAS78 MN ARE M FEE SIMPLE OIIEERS W THE LAND SHOW MRELN BONDED BY COMERS 12,14 14, 15 TO 12 MURK AID, KING ALL O' IM LAD OONIEYED TV SAD OWERS BY DEED REDaM N IM CIDNS HENCE OF M OROMT CONY W NNE CITY OF ROAINOKE M QlWA N DEW BOOT( 1444 PAGE 744. THAT MY OF ROA CRE NRMM IS DE FEE SMPLE OWNER OF BE BAND 9OMl NERMN BOLYDED BY CORERS 4 12 16, 17, 18, IA 28, 4 3 ro 4, MUSK AND. BEING AL OF DE LAD IXIVWYED M SAD OWNERS BY OEED RECORDED N DE CLONE OFOE W M CROAT COOPT OF TM LTTY W Rawaz YWPOM N NSRRNWr NMWER OD000B2 TM SAD OWNER NERVY CEROeS THAT MY HAW REA6pNDED DE LAND AS MOM HEREON ENDWELY W DEN OW FREE MWL AND CONSENT AND N AOCOMANCE MIN SECTION 1s2 -1440 DNOM 112 -2279 W IM CODE W WGM 19W (AS AE/DFD) TO DATE, AND I E SJAW49W OWMA NCE W THE aTY W ROA M, MQU 7M AROW DESCRIBED OWNERS BY M AE W THE RECOIDAMN W MS PUT DEDICATES TO NNE a7Y W ROAMME N FEE SWU DIM TW LAND SOW WBEON AS SET APART FOR PLISW N MDESS WHEREON ARE HEREBY PLACED DE FOLLOWMT SWATUES AND SEALS AGENT FOR CITY W AaAMME, W MA DATE EDWARD a NALKER (MANAODR OW TREE WRIMM LLC) DATE FRAIOS.4 EAS SMN DATE PRAMSE EASRXM DATE . iii�l 71 N TM OLERK'S OPFDE W >M CMCOA COW W TM CRY W RRDAIDNE M MA DMS MAP WAS PRESoM MN TW CERMMAZE W ACMMEDG ENT TMREID AT AMID AOWTTED TO RELCAO AT ODLOCX -a ON MS DAY OF , 2018 IES7EE MFADA S RAN Tay or aERK DEPUTY IIDN STATE OF OF , A NOTARY PL60C N AND FOR THE AFORESAID STATE DO M M CO MY NAT ..__ (AGENT FOR OAK TREE 1ENRAE3, LLCj WIKB'E NILE E SOLED ro DE FOPEGOM MIRVIENT WAS PERSONALL Y APPEARED 8EF4PE W AND AOOIOM 1 THE SAME ON DMS _ DAY OF . 2018, NOTARY PVeM REOSIRA7OM MO W QOW590N OFIRM STALE OF OF A NOTARY PUBIC N AND FOR TW AFORESAID STATE 00 HEREBY ORTFY WAT ((AODD Fdl NOAMOO' O MK.IS'E NAME LS 900 TO Y!S 7 HAS PERS 1 APPEARED ME AND AMOMMM I E SANE ON 7M _ DAY OF , 2014 NOTARY PUBLIC REGSMADON Ma MY CONMISSON DMIM STATE OF OF 1, A NOTARY mm N AND FOR TM AORESAD STATE DO HEREBY CIR WY NAT FiV= 4 EASTMAN WHOSE NAME 15 90MD M RE FOEGOND INSTRUMENT HAS PERSONALLY APPEARED BEFOE M AND ACKNOWLEDGED THE SATE ON RES_ DAY OF ,2018 NOTARY PUBLIC REGMAA7MN 440, MY KDMWSSON E7iPAE8 STAIE OF OF A NOTARY MM N AND FOR W MVMW STAKE 00 REB MY CER THAT P'RINOSE EASTM^ WOSE NAME 5 90ED TO THE FOVG MNG NSiW OU WAS PERSONALLY APPEARED BEFORE W AND "OKAKEDOD DE SAME ON IM_ DAY W ,2014 NOTARY PLMW REGLSTRADON NO MY LDWASST01I DOAES NOTES ALL 1. TTAS 2 TLS J Tl� MLE REPORT AND MAY NOT MYIA.E LUT W A SPENJ,A. FLOOD HAARO 4 ALL 1158E EASE EN AM 9DWW S NE RE/XrmAT ON W TLS PUT W 9EpA9pN DOES NOT COASDRITE A OMMEYAMCE W I.IRD. ANY LOT, PARCEL. LA TRACT W LAND SHOW HEREON MAT IS NMODED FUR SAE AND CONMEYAMCE MOST BE CO IEM BY DEED RELOADED N TW MM W TM OERk W CMONT COURT W ROANOKE OTY a IXE9BEII6MCABERS2MJMK 4 T012 TOP 5MN GTDTZ MDR 706 TV 9 M 10 TO It M 7 ARE HEREBY IN 7. LRES BETWEEN CORNERS 2 TO AND 8 TO E.ARE NOW I N -OF -LEE FOR MEOROAL Awme S E AND 0.A STREET S N a LMES BEINEEN CONMFS F W G H 701 M J TO x AND K TO A ARE NEW PROPERTY Lon, a LErAL RVE MILS DEW BOOK 39 PAGE 2JSl BEER BOOK 1440 PAGE 44K M7NAENT NM ERS 130007197 AND 18MORM e^YtH OF I,? 1 ♦ `VAvA 11/74/2018 Y` LAND *aft, &Craig ���� ENGINEE R56URVEYORS 701 FIM STREET, S8. ROANONE, MD9M 21018 (540) 315 -9342 F, (510) 345-7691 EXHIBIT 3 wEaNin rAAP (PDT 70 SCALE) PLAT %OWNG RIGHT-OF-WAY VACAIM RIGHT -OF -WAY DEDRCADON, RE- StMWSM AND CaMUMATUN FOR THE CM OF ROANME SHOMNG THE NGHT - -OF -WAY VACA77M OF DEMOST1>1V AVENUE S.W. (0.3870 ACRE) 94OWNG Tiff DEOIMION OF RIGHT- OF-WAY FOR OUR STREET SW. (0.0723 ACRE) SfoMG THE RE- SUBDRMSON OF OAK TREE WNW= LLC (TAX PARCEL 1330805) AND LOT 13A (TAX PARCEL 1330831) AHD SROWNG THE COMBMd IM OF LOTS 15 AND 16 (TAX PARCEL IMMI) AND TRACT A (TAX PARCEL 13308) CREMM HEREON LOT OA (0.5551 ACRE) LOT 13A -1 (0.5.129 ACRE) LOT 15A (2.2886 AOPES) SIVAIED ALONG A9MPoAL AVENUE SW., MM MM Al4ME SW., ARO OUR STREET £W THE CITY OF ROAHLq'E: VROMA SCALE• 1' 40' DATE NOVELBER 14, 2018 M&C COAL Na 3836 -._ . �w �w, /ate tx AREAS (6.12.4 AC.) . 1 TO BOUNDED BY O COPFRS IN D 5. K. J L H 1 6 TO OF co119PED WITH TAX 4133#1605 v �tlF o� I Igo THURMAN CROMER & SHIRT FY T. CROMER D. B. 1755• PG. 146 TAX /1330607 AREA A 1 (0.0165 At BOUNDED 13Y CORNF'RS, 2, A. HE 3 TO 2 VACATED BY CITY ORDINANCE p000DOD00 DATED XX/XX/kX 10 BE COMBINED WITH TAX #"1330605 N 73' 23' 40' E 716.14 (TOT. I VO A) O MEMORIAL AVE. SIN CORNLR52A. W. 38 , N TOBApVAACCATEDY (60' RIGHT 01 WAY) BY PTY ORONNNCIL #DDDD-000O DAVID XX/XX/XX TO BE COMBINED W7H TAX p1330401 IRS O N 73' 28' 40' E 197.51' (101. A TO C,� OAK TREE VENTURES, U.C. `'' yR_ h INST. /156007197 fig. A TAX 1"3]080.5 LOT 8 PORTION OF #016 6-0 But 3 m N LOT 6 YIP OF WIEIAM IXAYFOR ADDITION 1 g 0.4172 AC. LOT 6A LOT l , (0,5551 AC.) j DID LOT IN % WRFRY VACATFD V0 5� IF ; � 7s;i3 �(�aff',Iei�3ry ftff'� y f/ r 1/ 3 N 73' 23'_00' E 126.00' IRS O / /. /Ti�. i O 55' FXEMPIEO AREA PINCH PIPE F0. N W W 24' W O.BI FROM COINER THE CITY OF ROANO(E.+ O D. B, 383, PG. 233 :X TAX 330401 11 ROANOKE 6 & 16 f.1 BENT YAP 0.3.3 285 At r�: ° si 10116 7 2° A 1/171, 1'l� l�Oi IN9L . AREA B (0.0981 AC) BOUNDED BY CORNERS 1, M. L. 12 TO 4, VACATED BY CITY ORDINANCE /0000 -0000 - 12 7 /j DATED XXAX/XX TO BE COMBINED 97111 TAX 1"331401 TANGENT AREA 0 (0,1769 AC) BOUNDED BY CORNERS A 7, 11, 10, 01080 BEARING C. D, TO A, VACATED BY CITY ORDINANCE /0000 -0000 DATED XX/XX/XX TO OF COMBINED WITH TAX 11330401 '& LOT 15A AREA F (D.0284 ACJ BOUNDED BY 49,' (2.2886 AC.) PF CORNERS 12. F, G TO 12, TO BE COMBINED 'NTH TAX 11330401 -- O S 73' 33 a NEW /� ^' THE CITY OF ROANOKE, MST. 1"80N0"' TAX 17330189 TRACT A M. B. I, PO. 384 1.7560 At CURVE TABLE C41EDELTA OGLE RADIUS TANGENT ARC LENGTH 01080 BEARING 01089 23764.3489 4520.00' F 8.43' 15.13476'20 0.5815 AC (DEED) 1 I ROANOKE OkNT MAP 23724.2743 53816.1835 0. B. 921 K 22 20.06 47.62' 46.93' 104 06' 0Y 10' E 38.88' (0.5329 AC.) UK TABLE 53964.9972 N 0 - CORNET IRE - IRgJ R IRS -NON F Fd - FOUND AC. - ACRE LINE BEARING DISTANCE Lt S 73' 28' 40' W 24.39' L2 N IT 28. 3S E 23.26' L3 N 28' 31' 11' E 30.00' L4 N 26' 55' 011 E KOO L5 R 16' 31' 20' W 37.92' % I N 84' 45 717E- 1-7933'-j R NOT SET OD FOUND OD SET 1 80' 10 CAMBRIDGE AVE 5W U MARK IN WAN( „IRi AREA E (0.0123 ACJ BOUIBFA DY CptNERS. 8, 0. 9, C TO B, HEREBY - DEDICATED TO THE CITY OF I ROANOKE FOR STREET PURPOSES ' ' I N 1 0 I i i' 1 00' - L NEW RICHT OF WAY r 11 (TOT.) AREA C (0. 4 ACJ BWNOED BY CORNERS, _ 12, L. D. E TO 12, VACATED BY CITY ORDNANCE /OOOD-OD00 OATEO 11/X1/XX \ TO BE COIN PFD WITH TAX /1330401 '%40p BOUNDARY COORDINATES - I FRANCIS J. EA RN h9� S,� NORTHING EASTPG A PRIMROSE EASTBURN �t(7 23727.1263 53706.4955 D. B 1440 P0. 176 TAX 1"330631 23764.3489 53637.9367 F 23762.2828 INST. #140008757 TAX 11321%11 0.5815 AC (DEED) 1 I ROANOKE OkNT MAP 23724.2743 53816.1835 0. B. 921 K 22 23682.8433 53693.6699 LOT 13A -1 OAK ME WMAM � 53704.3%1 (0.5329 AC.) 801%66 53964.9972 a I 3 839.3591 54064.6193 S 2379• S 61. Ti' Dr 15 BJ• Sp' w. 695.5526 54127.5072 WESTOVER AVENUE \ APARTMENTS, LLC 6886164 54104.1211 INTAxp 306280 3 37671371 53881.0857 � HAWKS POINT 655.2139 54041.1898 � PROPERTIES, LLC I A2Wa626.3553 3515.0796 54294.8466 a I 450.8324 54177.1029 1 5 442.6890 541038207 3588.1133 54067.4737 3 I 3513.7372 53876.0536 I 3375.1325 53902.5697 3356.7 %7 537426607 3362.1257 53695.8551 PUT STIONING RIGHT -OF -WAY VACA7W RIGHT- OF-WAY DEDICARON. RE- SUBDIWWO4 AND CQWM71ON FOR 7W CITY OF ROAWW SHOOING TTIE RIGHT -OF -WAY VACATICW O< PROPERTY LINE FROM RECORD 701 FIRST STREET. S.W. 0 2r0' 40'BO' ROMOKE, MMA 24016 SCAM 7* = 40' DATE: NONEWBFR 14. 2018 . ............. ....... PROPERTY LNE HUM VACATED � 345 -9N2 -- MAC Oma NO, 3836 - I FRANCIS J. EA RN h9� S,� 1" 1 AV" SW A PRIMROSE EASTBURN �t(7 (0.38%0 ACRE) D. B 1440 P0. 176 TAX 1"330631 SNOWNG THE DEDW:A77ON OF R1GHT-O°-WAY FOR MFGHAN M. HARLOW I. LOT 13A BILK. J O P1�LTT .�w JIIIrt4�000� INST. #140008757 TAX 11321%11 0.5815 AC (DEED) 1 I ROANOKE OkNT MAP (0.0713 ACRE) 0. B. 921 K 22 SHOOING THE RE- SIM101SION OF LOT 13A -1 OAK ME WMAM � (0.5329 AC.) (TAX PARCEL 1330605) a I 3 'W LOT 1JA S 2379• S 61. Ti' Dr 15 BJ• Sp' w. (TAX PA 1330631) RCEL AND SHOWING WE COEIBINA7IOH OF LOTS 15 MD 16 WESTOVER AVENUE \ APARTMENTS, LLC (TAX PARCEL 1330401) ` - INTAxp 306280 3 AND T I N � HAWKS POINT C i � PROPERTIES, LLC I TAX PARCEL� 330606) a I PST. /"150004298 1 _ TAX jI330625 CREATING HEREW �pLTH OF ,. _. .� �\ LOT NSA 1 5 I , �j (05551 ACRE) 11 LOT 13A -1 (0.5328 ACRE) 3 I ' Lk-Vo. 3105 11/14/2078 NAb AND LOT 15A I (22888 ACRES) Mattern &Craig STUA70 ALONG NEWMAL AVENUE SW., GRAP)IC STALE' ENGINEERS.SURVEYORS DE7WIISTON AM" SK AND OUR STREET SW M CITY OF ROANOKE NRGUA PROPERTY LINE FROM RECORD 701 FIRST STREET. S.W. 0 2r0' 40'BO' ROMOKE, MMA 24016 SCAM 7* = 40' DATE: NONEWBFR 14. 2018 . ............. ....... PROPERTY LNE HUM VACATED � 345 -9N2 -- MAC Oma NO, 3836 I� NEW R/W yf.Y r.Ny IN 'y ly r�'I v! .NY lrt�ylrl°) xyYI �� j n'Y► rnN :J wySC WD- uC ,PwP.yw i MLaMAL AVE. SW N 4 ♦ N 6T � RESULTING PROJECT SITE AREA = 2.14 AC.- KOn. Y Winn. f Af f ZONING LEGEND: CN = COMMERCIAL NEIGHBORHOOD RM 1 RESIDENTIAL MIXED DENSITY RM 2 = RESIDENTIAL MIXED DENSITY r � _ s'� 54N Nrm SN ppM° •. u0 Um ,f Q r Z \ .� ] ry•Ptx iPm a •. l K N o sm 'I X�7[ Y � SMn �-!r J� 6en xrry'rSX aO. InnY ..a � xrl'T .'f r10.Y INN !/ � rr • I c,v lac ram .n / k v1=1 or ai A / yPa SP.r¢ n °B. K mr'im IE 1. m a u�xw. w YN. a PW aY. Ij ++rrw f„x,fW P� nxM ra Y ♦PY, � M Yr0.r.1 xfN P« Sxpf nr 4ir.W r/x/w wrxt o„ ur wrrwr P.xt 4 lM �lw AREAS OF R/W TO 8E VACM AREA 'A' = 2,192 S.F AREA '8' = 4,284 S.F. AREA 'C' = 2.973 S.F. AREA V = 8,049 S.F. AREA 'E' a 2,100 S.F AMmONAI AREA TO B AREA 'F' = 1,238 S.F EWNHT SI WNG DISPOSITION OF VACATED RIGHT -OF -WAY (DENNISTON AVE.) AND DEDICATION OF NEVI RMT-OF -WAY (OUR ST.) SEPIEMBER 04, 2018 COMM. NO. 3836 w t—,- . v0 Vacation of Denniston Ave at Memorial Ave 1:1,066 November 28, 2018 0 0.0075 0.015 0.03 mi 0 0.0125 0.025 0.05 km City dRoanoke, EagleView Gly of Roanoke CITY OF ROANOKE - PDV Attn Tina Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 ROANOKE, VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date January 08, 2019 Date Category Description Ad Size Total Cost 01/14/2019 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 279 L 2,614.48 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: 01/01, 01/08/2019 The First insertion being given ... 0110112019 Newspaper reference: 0000873282 Billing Representative Sworn to and subscribed before me this Tuesday, January 8, 2019 !/ A —.,n _ / I - Otee� lic `` t I � I I I State Nota P Virginia NOTARY City /County of Roanoke PUELIC My Commission expires _ * : REG. 4332964 MY COMMISSION E PIKES THIC IC WIT A x211 1 01 CA CC OAV CMf -,RM 1k1,1n1e%= TIIA UV %1-1 q`•�e. �'* -'t'1 L7 '." PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Cham- ber, 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 Ave- nue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commis- sion will hold a public hearing on Janu- ary 14, 2019, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following mat- ters: Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roa- noke (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clar- ify and make the City's zoning ordi- nance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a com- prehensive rezoning or change of any densities that would decrease permit led density in any district. unless oth erwise noted (see Sec. 36.2.201. Estab- lishment of districts, for full name of zoning districts cited herein by their re spective abbreviations): Table 205 -1, Permitted yard encroach ments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205 -2, Application of maximum front yard requirements, to update the contents of Table 205 -2 for 50 percent of the fapade to be within the maxi- mum front yard. Section 36.2 -311, Use table for residen- tial districts, to allow multifamily dwellings with 10 or fewer units by right in RM -2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM -2 and by right in RMF. Section 36.2.312, Dimensional regula- tions for residential districts, to reduce the minimum rear yard requirement in the R -12 district to 15 feet. Section 36.2 -315, Use table for multiple purpose districts, to replace dwelling. multifamily with two classes of dwell- ing, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting I1 or more units in the MX and CN dis. tricts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D, and OF districts; and to add kennel, no outdoor pens or runs as a permitted use in the D district, and to add kennel, outdoor pens or runs by special exception in the D district. Section 36.2 -316, Dimensional regula tions for multiple purpose districts, to add an asterisk to the fagade transpar- ency requirement in the CG district, thereby making a 20 °o standard apply for certain residential uses. Section 36.2 -322, Use table for industri- al districts, to add certain residential uses as permitted by special exception: and to add pet grooming as a permit- ted use in the 1.1 district. Section 36.2 -328, Dimensional regula- tions for planned unit development dis- tricts, to remove the density minimum for all planned unit development dis- tricts. Section 36.2 -530, Certificates of appro- priateness, to remove Section 36.2 -530 (c)(4) related to consideration of amended applications. Section 36.2 -642, General landscaping and screening standards, Section 36.2. 642 (b)(1), to create a reference to a tree list and specifications approved and published by the zoning adminis trator and delete Table 642.1, Trees: Approved Plant List, Minimum Size at Planting, 20 Year Canopy, and Suitabili ty. Section 36.2 -644 (a). Overall tree cane py requirements, replace reference to Table 642.1 with the proposed tree list and specifications approved and pub fished by the zoning administrator and eliminate reference to Manual of Woody Landscape Plants. Section 36.2 -652 (c), Reduction for proximity to public transit, to remove "nonresidential" so section applies to all uses. Table 652 2, Requireel Parking Space >, to correct figures for various residen tial dwelling types. Table 654 -1, Parking and Loading Area Standards, to modify the driveway; parking location relative to principal structures. Section 36.2 -816, Rules and records, to change "calendar" year to "fiscal" year. Section 36.2 -826, Rules and records, to change "calendar" year to "fiscal" year. Section 36.2 -840, Generally; establish- ment, to add language to authorize the appointment of a Deputy Zoning Ad- ministrator. The proposed amendments are availa- ble for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http: / /roanoke va. gov /planningcommission. Seven Hills Investment Properties, LLC, requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN, Com mercial- Neighborhood District, to CG, Commercial - General District, with con ditions. The use classes permitted in the Commercial - General District in elude accommodations and group liv- ing: commercial; warehousing and dis tribution; industrial; assembly and en- tertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The city's comprehensive plan designa- tes the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use build- ing to include residential dwelling units and a Laundromat. An application filed by the City of Roa- noke requests the vacation of a portion of Denniston Avenue, S.W., from its in- tersection with the southern side of Memorial Avenue, S.W., at an approxi- mate width of 133 feet, to its intersec- tion with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approxi- mately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, and for a distance of approximately 275 feet along the southern side of Denniston Avenue ad- jacent to 0 Denniston Avenu( S.W., Of- ficial Tax Map No, 1330606. An application filed by the City of Roa noke seeks to rezone 1742 Memorial Avenue, S.W.. Official Tax Map No. 1330401, from Commercial-Neighbor- hood District (CN) to Institutional Plan ned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, from Commercial- Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a poitiun of 1810 Denniston Avenue. S.W., Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit De- velopment District (INPUD), and a por- tion of the Denniston Avenue right -of -way to be vacated between these par- cels (bearing Official Tax Map Nos. 1330401, 1330606, and 1330631) from Residential Mixed Density District (RM 1), Residential Mixed Density District (RM -2) and Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning appli- cation titled "Area to be re -zoned to INPUD" that shows the parcels and per tions thereof to be rezoned, which is available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http: / /roanokev a.gov /planningcommission. The land use categories permitted in Institution. al Planned Unit Development District (INPUD) include residential; accommo- dations and group living; commercial: assembly and entertainment; public, institutional and community: transpor- tation; utility: agricultural; and acces- sory uses. The comprehensive plan designates the property for Residential Mixed Density District (RM -1), Residen tial Mixed Density District (RM -2) and Commercial Neighborhood District (CN). The proposed use is a new fire station for the City, providing emergen- cy services and other governmental services. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on January 22, 2019, 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. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 - Stephdow M. Melon R,yo)1(1, MMC- City Clerk (8'3282) PUi3LIC HEARING NOTICE PUBLIC HFARiNG 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 far review in Planning;, Building. & Development, first Floor, Room 170,215 Church Avenue, S.W., Roanoke, Virginia. Tile City or Roanoke Planning Commission will hold a public hearing on January 14, 2019, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: Proposed amendments to Chapter 36.2, —p in =, 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 (see Sec. 36.2 -201. Establishment of districts, for full name of zoning districts cited herein by their respective abbreviations): Table-205-1. Penmitted and encroachments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205-2. Application of maximum front yard requirements, to update the contents of Table 205 -2 for 50 percent of the facade to be within the maximum front yard. Section 36.2-31 L Use table for residential districts, to allow multifamily dwellings with 10 or fewer units by right in RM -2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM -2 and by right in RMF. Section 36.2 -312 Dimensional rc lations for residential districts, to reduce the minimum rear yard requirement in the R -12 district to 15 feet. Section 36.2 -315 Use table for multi ]c urposc districts, to replace dwelling, multifamily with two classes of dwelling, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting 11 or more units in the MX and CN districts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D, and OF districts; and to add kennel, no outdoor pens or runs as a permitted use in the D district, and to add kennel, outdoor pens or runs by special exception in the D district. Section 3G?- 1 G1 D I- PUVIatir-1i , ii�r nwlti �!e .�urnc�s�_clistricts, to add an asterisk to the I'aj;ade transparency requirement in the CG district, thereby making; a 200v, standard apply tier certain residential uses. Section 36.2-322, Use table for industrial districts, to add certain residential uses as pennitted by special exception; and to add pct grooming; as a permitted use in the 1 -1 district. lion 3,6.2-328. Dimensional regulations for planned unit developrrn:nt districts, to remove the density minimum l'or all planned unit development districts. Section 3b 2 -530 Certificates of annropriateness, to remove Section 36.2-530 (c)(4) related to consideration ofamended applications. Section 36.2-642. General landscaping and screeninL_ standards, Section 36.2 -642 (b)(1), to create a reference to a tree list and specifications approved and published by the zoning administrator and delete Table 642. 1, Trees: Approved Plant List, Minimum Size at Planting, 20 -Year Canopy, and Suitability. Section .36.2-644 (a) Overall tree cgnopv requirements, replace reference to Table 642.1 with the proposed tree list and specifications approved and published by the zoning; administrator and eliminate reference to Manual of Woody Landscape Plants. Section 36.2-652 (c) Reduction for proximity to public transit, to remove "nonresidential" so section applies to all uses. Table 652 -2 Rgguired Parking Snag;, to correct figures for various residential dwelling; types. Table 654-1 Parking and Loading Area Standards, to modify the driveway /parking; location relative to principal structures. Section 36.2 -816, Rules and records, to change "calendar" year to "fiscal' year. Section 36.2-826, Rules and records, to change "calendar" year to "fiscal' year. Section 36.2-840, Generally: establishment, to add language to authorize the appointment of a Deputy Zoning; Administrator. The proposed amendments are available for review in the Department of Planning, Building;, c Development, Room 170, Noel C. Taylor Municipal Building, and online at littp:Hroanokeva.gov/planningeommission. Seven Hills Investment Properties, LLC, requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN, Commercial - Neighborhood District, to CG, Commercial- General District, with conditions. The use classes permitted in the Commercial - General District include accommodations and group living, commercial; warehousing and distribution; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The city's comprehensive plan designates the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use building to include residential dwelling units and a laundromat. An application filed by the City of Roanoke requests the vacation of a portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., at an approximate width of 133 feet, to its intersection with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, and for a distance of approximately 275 feet along the southern side of Denniston Avenue adjacent to 0 Denniston Avenue, S.W., Official Tax Map No. 1330606. An application filed by the City of Roanoke seeks to rezone 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, from Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, from Commercial - Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Denniston Avenue, S.W., Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and a portion of the Denniston Avenue right-of-way to be vacated between these parcels (bearing Official Tax Map Nos. 1330401, 1330606, and 1330631) from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning application titled "Area to be re -zoned to INPUD" that shows the parcels acid portions thereof to be rezoned, which is available for review in the Department of Planning, Building, & Development. Room 170, Noel C. Taylor Municipal Building, and online at . The land use categories permitted in Institutional Planned Unit Development District (INPUD) include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory uses. The comprehensive plan designates the property for Residential Mixed Density District (RM -1), Residential Mixed Density District (RM- 2) and Commercial - Neighborhood District (CN). The proposed use is a new fire station for the City, providing emergency services and other governmental services. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aroresaid matters on January 22, 2019, 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. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which Such matters are heard by City Council. Any person with u 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 Please publish in newspaper on Tuesday, January 1, 2019, and Tuesday, January 8, 2019. 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 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 STEPHANIE M. MOON REV'NOLDS, MMC City Clerk CITY OF ROANOKE OFFICE ICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(q roanokeva.gov December 4, 2018 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA F. MCCOV Deputy City Clerk CECEL.IA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14, Procedure for altering or vacating city streets or alleys fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley Vacation received in the City Clerk's Office on December 4, 2018, from Charles M. Anderson, Architect II, Office of the City Engineer, representing the City of Roanoke, requesting that a one block segment of Denniston Avenue at Memorial Avenue, S. W., be permanently vacated, discontinued and closed. Sincerely, �> o�j a Stephanie M. Moon Rey Ids M City Clerk Enclosure pc: Charles M. Anderson, Architect II Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Luke E. Pugh, P.E., City Engineer Susan S. Lower, Director, Real Estate Valuation Wayne Leftwich, Senior City Planner To: Office of the City Clerk ■ Original Application Fourth Floor, Noel C. Taylor Municipal Building o Amended Application 215 Church Avenue, S.W. No Roanoke, VA 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: This application seeks to permanently close (vacate) a one block segment of Denniston Avenue, SW, the one block segment being that which occurs between Our Street to the south and Memorial Avenue to the north. Attached to this application are three exhibits: Exhibit 1: Sheet C3.1, SITE PLAN (SFCS, 100% DD Dwgs, 101718) Exhibit 2: Legal Description, Vacated Portion of Denniston Aveue, SW (Mattern & Craig) Exhibit 3: Plat Showing Vacation, Dedication and Re- subdivision (Mattern & Craig, 111418) Proposed use of vacated street or alley: The purpose of this request is to permit the construction of s new fire station to replace the nearly 100 -year old facility that occupies the current site. Vacating this portion of Denniston will alllow construction of a new building with a footprint nearly twice that of the present building, vihicular circualtion, parking for Fire Department staff, new generator and other associated work. Our Street will be widended to accommodate the requested closure of Denniston. Name of Applicant /Contact Person: Charles M. Anderson, Architect II, Project Manager Mailing Address: Office of City Engineer, 215 Church Avenue, SW, Suite 350, Roanoke, VA 24011 Telephone: ( �1 ) 853 -1007 re(s): Fax: ( ) 853 -1364 E -mail: charles.anderson @roanokeva.gov I R DEC- 4 Pry 3 :43 5 C3.1 g I 100% DESIGN DEVELOPMENT ROA14OKE FIRE RE STATION 47 SFCSIF- C3.1 EXHIBIT 2 LEGAL DESCRIPTION PREPARED FOR THE CITY OF ROANOKE, VIRGINIA VACATED PORTION OF DENNISTON AVENUE S. W. BEGINNING AT CORNER 2; SAID POINT BEING THE NORTH EASTERLY CORNER OF OAK TREE VENTURES, LLC, THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. AND THE WESTERLY RIGHT -OF -WAY LINE OF DENNISTION AVENUE S. W.; THENCE WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. N 730 28'40" E 138.75 FEET TO CORNER 7, SAID POINT BEING THE NORTH WESTERLY CORNER OF THE CITY OF ROANOKE FIRESTATION NUMBER 7, THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. AND THE EASTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE S. W.; THENCE LEAVING THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE S. W. AND WITH THE EASTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE S. W. THE FOLLOWING THREE (3) COURSES: A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 134° 26'20", A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 46.93 FEET, A CHORD BEARING OF S 060 07' 10" W 36.88 FEET TO CORNER 11; THENCE S 61 ° 14'20" E 163.19 FEET TO CORNER 10; THENCE N 73° 28'40" E 3.39 FEET TO CORNER C; THENCE LEAVING THE EASTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE S. W. S 160 31'20" E 88.49 FEET TO CORNER E, SAID POINT BEING ON THE WESTERLY RIGHT -OF- WAY LINE OF DENNISTON AVENUE S. W.; THENCE WITH THE WESTERLY RIGHT -OF -WAY LINE OF DENNISTION AVENUE S. W. THE FOLLOWING TWO (2) COURSES: N 61° 04'53" W 325.77 FEET TO CORNER 3; THENCE WITH A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 45° 44'01 ", A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 15.96 FEET, A CHORD BEARING OF N 820 21'41" W 15.54 FEET TO THE POINT OF BEGINNING AND BEING THE VACATED PORTION OF DENNISTON AVENUE, S. W. CONTAINING 0.3869 ACRESS, AS SHOWN ON PLAT SHOWING RIGHT -OF -WAY VACATION, RIGHT -OF -WAY DEDICATION, RE- SUBDIVISION AND COMBINATION FOR THE CITY OF ROANOKE, PREPARED BY MATTERN AND CRAIG, DATED NOVEMBER 14, 2018 AS RECORDED IN INSTRUMENT NUMBER EXHIBIT 3 XNON ALL Aa RY DIM FRMfT W ME STATE OF 'D? NAi a1X RQ MMRNS LLa 6 K IQ 9RIIE O/BI 6 M IAID RDIN IRIR1r RXABR tY ONMFRS L 3 3 { 4 t ro 4 /RDRAE NQ AD A16 R[ IND WMWD CF ro SAR OIIPt IY RID AflIOmPo N K NRRS WIN N x ORWI aMT 6 K alY N ANAG3 RRitt N IBMADIt 1IRRB1 Ht0/l11). t . 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ARF.i .F 'RI'"" , fE OEdfAM MFA'E - 2,100 S.F. AREA Y - 1,238 SF Dow SHDwwv DISPOSRION OF VACATED NC/IE -OF -WAY (ODNRSEOM AYE.) AND -,OF -W Y OF lST. R1li1T -OF -NAY (OM SL) SEPIEMW 01, 2018 COMM. N0. 3836 Vacation of Denniston Ave at Memorial Ave November 28, 2018 1:1,066 0 0.0075 0.015 0.03 mi 0 0.0125 0.025 0.05 km 0y d Ro.lke. E &Vbw Oty d Roenake STEPHANIE M. MOON REYNOLDS, MMC City Clerk Tom Austin, PE Mattern and Craig 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Austin: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(&roanokeva.gov January 24, 2019 CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41369- 012219 rezoning certain properties located at 1742 Memorial Avenue, S. W., bearing Official Tax Map No. 1330401, from Commercial - Neighborhood District (CN), to Institutional Planned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S. W., bearing Official Tax Map No. 1330606, from Commercial - Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Denniston Avenue, S. W., bearing Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and a portion of the Denniston Avenue right -of -way to be vacated between these parcels, bearing Official Tax Map Nos. 1330401, 1330606, and 1330631, from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD), as set forth in the Zoning Amendment Amended Application No. 1 dated December 14, 2018. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 2019, and is in full force and effect upon its passage. SinceroLv, Stephanie M. Moon Reynol ,-MM City Clerk Enclosure pc: Memorial Avenue Partners, LLC, P. O. Box 586, Roanoke, Virginia 24004 Lotus Healing, LLC, 2223 Westover Avenue, S. W., Roanoke, Virginia 24015 The Cambridge Partnership, P. O. Box 265, Salem, Virginia 24153 City of Roanoke Fire Station No. 7, P. O. Box 1451, Roanoke, Virginia 24007 David S. Moeller, 2143 Berkley Avenue, S. W., Roanoke, Virginia 24015 Ronald F. Renick, 227 Crestview Drive, Vinton, Virginia 24179 Carroll F. Toler, Jr., 1809 Denniston Avenue, S. W., Roanoke, Virginia 24015 John L. Swaine, II, 1805 Denniston Avenue, S. W., Roanoke, Virginia 24015 Tom Austin January 24, 2019 Page 2 pc: Robert L. Wade, Jr., P. O. Box 3358, Roanoke, Virginia 24015 -1358 Angela Smibert, 1641 Hampton Avenue, S. W., Roanoke, Virginia 24015 Oak Tree Ventures, LLC, 1820 Memorial Avenue, S. W., Roanoke, Virginia 24015 Thurman and Shirley T. Crowder, 1312 Winborne Street, S. W., Roanoke, Virginia 24015 Meghan M. Harlow, 1322 Watauga Street, S. W., Roanoke, Virginia 24015 Bruce C. Houghton, 2270 Maiden Lane, S. W., Roanoke, Virginia 24015 Kelly C. Handy, 1819 Westover Avenue, S. W., Roanoke, Virginia 24015 Carolyn W. Macleod, 1815 Westover Avenue, S. W., Roanoke, Virginia 24015 John D. and Mimi G. Young, 1809 Westover Avenue, S. W., Roanoke, Virginia 24015 Robert M. Swindell, III, 1805 Westover Avenue, S. W., Roanoke, Virginia 24015 Barton C. Smith, 1801 Westover Avenue, S. W., Roanoke, Virginia 24015 Nancy Galli and Patrick B. Setter, 1733 Westover Avenue, S. W., Roanoke, Virginia 24015 James Craig Martin, IV, P. O. Box 352, Essington, Pennsylvania 19029 Hawks Point Properties, LLC, 2018 Electric Road, S. W., #204, Roanoke, Virginia 24018 Westover Avenue Apartments, LLC, P. O. Box 4517, Roanoke, Virginia 24015 Francis J. and Primrose Eastburn, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015 Amy L. Richardson, 1634 Hampton Avenue, S. W., Roanoke, Virginia 24015 Tina Carr, Secretary, City Planning Commission Brenda Hamilton, Clerk of Circuit Court Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Ian D. Shaw, Agent, Planning Commission Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Charles M. Anderson, Architect II Susan Lower, Director of Real Estate Evaluation Katheryn Gray, City Planner II Luke Pugh, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41369- 012219. AN ORDINANCE to rezone certain properties located at 1742 Memorial Avenue, S.W., bearing Official Tax Map No. 1330401, from Commercial- Neighborhood District (CN), to Institutional Planned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S.W., bearing Official Tax Map No. 1330606, from Commercial - Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Denniston Avenue, S.W., bearing Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and a portion of the Denniston Avenue right -of -way to be vacated between these parcels, bearing Official Tax Map Nos. 1330401, 1330606, and 1330631, from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD); and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the properties located at 1742 Memorial Avenue, S.W., bearing Official Tax Map No. 1330401, to be rezoned from Commercial - Neighborhood District (CN), to Institutional Planned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S.W., bearing Official Tax Map No. 1330606, to be rezoned from Commercial- Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Denniston Avenue, S.W., bearing Official Tax Map No. 1330631, to be rezoned from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and a portion of the Denniston Avenue right -of -way to be vacated between these parcels, bearing Official Tax Map Nos. 1330401, 1330606, and 1330631, to be rezoned from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD) as shown on a certain plat filed with the application titled "Area to be re -zoned to INPUD "; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2019, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. Rezone with proffers — 1742 Memorial Ave and other parcels 2 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to reflect as follows: A. That Official Tax Map No. 1330401, located at 1742 Memorial Avenue, S.W., be and hereby is rezoned from Commercial - Neighborhood District (CN), to Institutional Planned Unit Development District (INPUD), B. That a portion of Official Tax Map No. 1330606, located at 0 Denniston Avenue, S.W. and as shown on a plat filed with the rezoning application titled "Area to be re -zoned to INPUD ", be and hereby is rezoned from Commercial - Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), C. That a portion of Official Tax Map No. 1330631, located at 1810 Denniston Avenue, S.W. and as shown on a plat filed with the rezoning application titled "Area to be re -zoned to INPUD ", be and hereby is rezoned from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and D. That certain portions of the Denniston Avenue right -of -way to be vacated between these parcels, bearing Official Tax Map Nos. 1330401, 1330606 and 1330631, and as shown on a plat filed with the rezoning application titled "Area to be re -zoned to INPUD ", be and are hereby rezoned from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Rezone with proffers — 1742 Memorial Ave and other parcels 3 Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD), as set forth in the Zoning Amendment Amended Application No. 1 dated December 14, 2018. 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. Rezone with proffers — 1742 Memorial Ave and other parcels 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: The City of Roanoke seeks to rezone: 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, from CN, Commercial- Neighborhood District, to INPUD, Institutional Planned Unit Development District; a portion of 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, from CN, Commercial- Neighborhood District, and RM -2, Residential Mixed Density District to INPUD, Institutional Planned Unit Development District; a portion of 1810 Denniston Avenue, S.W., Official Tax Map No. 1330631, from RM -2, Residential Mixed Density District, to INPUD, Institutional Planned Unit Development District; and a portion of the Denniston Avenue right -of -way to be vacated between these parcels from RM -1, Residential Mixed Density District; RM -2, Residential Mixed Density District; and CN, Commercial - Neighborhood District, to INPUD, Institutional Planned Unit Development District. Summary: The Planning Commission held a public hearing on Monday, January 14, 2019. By a vote of 6 -0, with Commissioner Atwood absent, the Commission recommended approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Greater Raleigh Court Neighborhood Plan, and Zoning Ordinance as the subject property will be redeveloped and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning to Planned Unit Development Applicant: Robert S. Cowell, Jr., City of Roanoke Owner: Robert S. Cowell, Jr., City of Roanoke Francis J. and Primrose Eastburn Agent: Charles M. Anderson, City of Roanoke City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 1742 Memorial Avenue, S.W., a portion of 0 Denniston Avenue, S.W.; a portion of 1810 Denniston Avenue, S.W.; and a portion of the Denniston Avenue right -of -way to be vacated between these parcels Official Tax Nos.: 1 330401, 1330606, 1330631 , and a portion of the Denniston Avenue right -of -way to be vacated between these parcels Site Area: +/- 2.36 acres Relevant Plans: Greater Raleigh Court Neighborhood Plan Proposed Land Use: Fire Station Future Land Use: Commercial- Neighborhood and Residential Mixed Density Filing Date: Original Application: November 28, 2018 Amended Application No. 1: December 14, 2018 Background: The building on the property was constructed as a fire station in 1922 and housed a single fire engine. The now approximately 4,800 square foot facility occupies a 0.32 acre parcel at the transition between a neighborhood commercial area along Memorial Avenue and mixed density residential area to the south. The fire station has been remodeled over the years to accommodate more modern equipment, but does not currently meet the needs of the community that could be provided by a larger station with the ability to house modern fire - fighting equipment. The existing fire station facility is proposed to be replaced with a facility meeting current standards. The applicant wishes to amend the zoning of the property to INPUD, Institutional Planned Unit Development District. The purpose of the INPUD District is to encourage harmonious development of institutional uses while providing flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities. Rebuilding the fire station on the same site allows for the fire department to meet the desired response times, a primary consideration for the project. The proposed fire station will provide approximately 15,700 square feet of space on a tract encompassing 2.36 acres of land in the same area as the existing station. This is accomplished by the consolidation of lots and portions thereof with a vacated portion of Denniston Avenue. Community concerns regarding the loss of the existing historic structure surfaced during talks about replacement of the fire station on the existing site. City Council authorized a study in 2018 to determine the viability of reusing the K existing building as part of a new station versus building a completely new station. The study found that the conditions in the existing building would be costly to rectify. Council decided to proceed with construction of a new facility. Proposed Use /Development: The PUD development plan shows a consolidation of property that has been and is being acquired from unbuilt residential areas just to the south of the existing fire station with right -of -way to create a new lot. The development plan shows the new building as located in the front corner of the property at Memorial Avenue and Our Street. Our Street improvements will be constructed in conjunction with the project, including a widening of the right -of -way to 51 feet with curb, gutter, sidewalk, and six foot tree planting strip along the western side of the street. Twenty -one parking spaces are located at the rear of the building surrounded by a curved retaining wall. This number of spaces allows for parking for shift changes and visitors to the fire station. Open space is located to the southwest of the retaining wall. The signage for the property will conform to the IN, Institutional District. The floor plan submitted with the application shows the new building with apparatus bays, operation areas, and living areas on the main floor with housing and laundry areas on the second floor. The elevations included are part of the PUD development plan and depict a two - story building broken into multiple smaller elements, shingled hip roofs, brick fa4ade with cast stone and metal accents, traditional patterning of windows and door openings, and large glass doors on the apparatus bays. The building incorporates details that reference the existing building. Any substantial change would require the PUD development plan to pass through another public process. Considerations: Compatibility with Surrounding Land Uses: The property is located on the Memorial Avenue corridor at the intersection with Our Street in the Grandin Village area. It is surrounded by CN, Commercial- Neighborhood District, property to the west; CN, Commercial - Neighborhood District, and RM -1 , Residential Mixed Density District property to the east; CN, Commercial- Neighborhood District, property to the north; and RM- 2, Residential Mixed Density District, property to the south, as shown on the Zoning Map Excerpt enclosed as Attachment A. The future land use map from the Creater Raleigh Court Neighborhood Plan envisioned this portion of this corridor as a commercial- neighborhood area along Memorial with residential mixed density to the south. 3 Fire, police, or emergency services are allowed within the existing CN, Commercial- Neighborhood District, and by special exception within the existing residential districts. However, as the new fire station would straddle multiple zoning districts, it is appropriate to rezone to one district that allows the use by- right while respecting the commercial /institutional character of Memorial Avenue and the residential character of the surrounding properties to the south. Applicability /Appropriateness of Proposed Zoning District: The proposed INPUD District allows the applicant flexibility in the initial development standards proposed, but requires conformance with the development plan adopted. The district is appropriate for a public facility at the location of a previous public facility within a neighborhood commercial area at the juncture with a residential area. As described above, the development plan situates the building close to Memorial Avenue, places parking to rear of the fire station, uses materials that are complimentary to the existing neighborhood center, incorporates details that reference the existing historic building, and includes signage appropriate to the location. Availability of Other Property: The fire station use has very specific requirements for location that allow for adequate response times to the surrounding community and linkage within the overall fire and emergency services system. Through study by the fire department, this specific area was identified as optimal for meeting standard response times. Memorial Avenue is an area that has many existing buildings and there was not another site found that could accommodate a new facility. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Greater Raleigh Court Neighborhood Plan recognize that fire and emergency services are an important service within the community and the location and design are critical to the community's health, safety, and welfare. Policy/Action PS P3. Fire and EMS services. All areas of the City will have fire and emergency services that are located to provide the most effective and equitable protection. Plan I Applicability to matter Comprehensive Plan', pg. 78 The proposed construction of the new fire station on this existing site was found by studies to be the best location for effective coverage within the overall fire department system. Vision 2001 -2020 City of Roanoke, 2001 4 Policy/Action Plan I Applicability to matter PS Al 5. Ensure that all public schools Comprehensive and City -owned facilities are located, Plan, pg. 79 designed, and maintained to complement neighboring land uses. The neighborhood should retain its overall traditional character and development patterns. New development should be compatible with the neighborhood, consistent with the design guidelines of Vision 2001 -2020, and use limited land resources efficiently. Fire /EMS stations should be outfitted to provide efficient and effective response. Comments on Application: Planning Commission Work Session: Greater Raleigh Court Neigh- borhood Planz, pg 43 Greater Raleigh Court Neigh- borhood Plan, pg. 50 The new fire station is located in a commercial neighborhood area and incorporates design elements from the previous historic building. The proposed fire station replaces a historic fire station with a building that creates a feeling of enclosure with its location close to the street along Memorial Avenue, with parking to the rear. The existing fire station is unable to be outfitted to provide the most efficient and effective response; therefore, a new station is needed. The following items were discussed in the Planning Commission Work Session and should be addressed for compliance with City policy and ordinances. 1) Current application lists addresses and tax parcels out of order; please list sequentially and add "and the right -of -way to be vacated between these parcels." 2) Current development plan does not clearly depict all of area to be rezoned; amend application to include. 3) Retaining wall height around the parking area is not reflective of neighborhood scale; reduce height or soften base of wall with screening. 4) Signage language on development plan would allow CG signage for site that is out of scale for surrounding neighborhood; IN type signage is more appropriate for this area. Add language to address signage. The following could be appropriate: "Any new signage on the INPUD zoned property will conform to the requirements of the City of Roanoke Zoning Ordinance, Table 668 -1, for the IN, Institutional District." z Greater Raleigh Court Neighborhood Plan City of Roanoke. 2007 5 The amended application addresses these comments by updating the listing, clearly depicting the area to be rezoned, reducing the height of the retaining wall, and listing compliance with the IN district for all signage on the development plan. Interdepartmental Comments: General comments were provided from the Fire Marshal's Office and the Western Virginia Water Authority related to the site development and dedication of water and /or sewer easements for existing water and /or sewer assets. Public Comments: An adjacent property owner inquired about the open space on existing property identified on Official Tax No. 1330606. There is a covenant that limits development of this area for 50 years and the PUD development plan would need to be amended through the rezoning process before any development could occur. Plannina Commission Public Hearing (Ian 14, 2019): Mim Young, 1809 Westover Avenue, SW, stated that she is in support of the fire house at the bottom of the property, but has concerns about the top of the hill due to stormwater management and what is allowed to occur there and would like it to be noted as green space that will not be developed. She stated she is confused about the differences in the deed and the rezoning request. Meg Swindell, 1322 Watauga Street, SW, stated that she is in support of the fire station, but is concerned about how the field (at the top of the hill) can be developed in the future. James Martin, owner of 1729 Westover Avenue, SW, stated that he supports the project, but is concerned about future development of the property at the top of the hill. He appreciates the outreach from the City and is certain that if anything is proposed in the future the City will reach out to property owners then as well. The Planning Commissioners explained how the INPUD development plan governs all future development on the property and substantial changes must come back through a public process; since nothing is proposed on the plan in the top of the hill location, nothing can be built there. The City explained the overall project timeline and the storm water calculations for the top of hill portion of the property. Conclusions and Recommendations: The existing approximately 4,800 square foot fire station no longer provides the most effective and equitable protection to citizens of the City of Roanoke. 2 Studies from the fire department have shown that a new building in the existing location is the best option to provide the best level of service. The proposed 15,700 square foot fire station in the existing neighborhood center area along Memorial Avenue retains the public facility in the traditional neighborhood center area of the community. The new fire station is over three times as large as the existing fire station and requires more property. That property has and is being acquired from unbuilt residential areas just to the south of the existing fire station. The building is situated on the Memorial Avenue frontage with the parking to the rear, uses materials that are complementary to the existing neighborhood center, and incorporates details that reference the existing historic building. The proposed fire station is an appropriate addition to the Memorial Avenue streetscape in this commercial neighborhood center. James E. Smith, Chair City Planning Commission Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Charles M. Anderson, City Architect Francis J. and Primrose Eastburn, Owner 7 Department of Planning, Building and Development DEC 14 2018 Room 166, Noel C. Taylor Municipal Bulking 215 Church Avenue, S.W. CITY OF ROANOKE Roanoke, Virg-nia 24011 PLANNING BUILDING & Phone (540) 853 -1730 Fax: (540) 853 -1230 DEVELOPMENr Filing Date'. 1 14 December 2018 Submittal Number. Amended Application No.1 ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional © Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ROANOKE CfiW a to Prix n� t ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 1742 Memorial Avenue, S.W., a portion of 0 Denniston Avenue, S.W., a portion of 1810 Denniston Avenue, S.W., and the right- of-way to be vacated between these parcels Official Tax No(s).: 101330401,1330606 (portion), 1330631 (portion) Existing 0 Without Conditions Ordinance CN, Commercial- Neighborhood District Zoning: RM -2, Residential Axed Density District r_1 With Conditions No(s). (if RM -1, Residential Mxed Density District (j Planned Planned Unit Development Requested ❑ Without Conditions proposed FireStaaon Zoning [INPUD, Institutional Planned Unit Developm4 ❑ With Conditions Land Use: g Planned Unit Development Name Robert S. Cowell, XCity Manager Phone Number. r +1(540) 853 -2333 Address: 215 Church" , Roanoke, VA 24011 E -mail, robert.cowell@roanokeva.g Correction: e- bob.cowell@roanokeva.gov Name Phone Number Address: E-mad lrtlldtttt 1St i Name Charles M. Anderson, Architect II, Project Manager Phone Number[ +1(540) 853 -1007 Address: 21Aur lh Ave W., Suite 350, Roanoke, VA 24011 E -mail: charles.andersontgiroanokev Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue S.W. Roanoke, Virginia 24011 Phone (540) 853.1730 Fax: (540) 853.1230 Filing Date: 114 December 2018 BA1a1 111 lit>t.h DEC 14 2018 clTy OF ROANOKE L Click Here to Pdnt� PLANNING BUILDING a DMLOPMAW Submillai Number: Amended Application No.1 ❑ Rezoning, Not Othermse Listed Rezoning, Conditional Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay Distrct ❑ Amendment of Proffered Conditions Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address 1742 Memorial Avenue, S.W., a portion of 0 Denniston Avenue, S.W., a portion of 1810 Denniston Avenue, S.W., and the right -of -way to be vacated between these parcels Official Tax No(s).: 101330401,1330606 (portion), 1330631 (portion) Existing x Without Conditions Ord nance CN, Commercial - Neighborhood District Zoning: RM -2, Residential Mixed Density District M With Conditions No(s). (If RM -1, Residential Mixed Density District Planned Unit Development appbcable): Requested ❑ Without Conditions proposed FireStation Zoning: INPUD, Institutional Planned Unit Developm ❑ With Conditions Land Use. [] Planned Unit. Development Ptrotaatrty aw mirth )(9 Name Francis J. Eastbum and Primrose Eastburn Phone Number: +1(540) 342-8063 Address. 1810 Denniston Avenue, S.W., Roanoke, VA 24015 E- tllall. haikune(amsn.com Name Robert S. Cowed, Jr. City Manager Address: 1215 364, Roanoke, VA 24011 Phone Number; +1(540) 853 -2333 E -mail; robert.cowellproanokeva.g4 Correction: bob.cowell@roanokeva.gov Name Charles M. Anderson, Architect 11, Project Manager Phone Number, +1(540) 853 -1007 Address: 121Aurch Aventjq ►., Suite 350, Roanok A 24011 E-map. chartes.andersonoroanakev aO� �e_,y h� �s ""— yy3pYW,, .,, tr,a€ h•• N°y'n V�S�a�"°„ .:u- h� .`,,.. :� �d �(YaFbj'v`�mi +pa'{��y,drdr"nu, S iSk'. , ` The following must` be submitted inr all applications 17 Completed application form and cWUst. IR Written narrative explaining the reason for the request. OZ Metes and bonds description, if applicable. 17 Filing fee. For a rezoning not other4seilstea, the following must also be submitted:` r- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For s conditionals rezoning, the WoWl must also be submitted: r Written proffers. See the Citys Guide to Proffered Conditions. ROANOKE Concept plan meeting the Application Requirements of Item'2(cy In Zoning Amendment Procedures. Please label as r• 'development plan" I proffered. For a plan neduniE'developmenE, the following must also be submitted. f7 Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. fFor a comprehensive sign overlay district, the folbwing must be subntted: T— Comprehensive signage plan meeting the requirements of Section 36.2- 336(dK2) of the City's Zoning Ordinance. For an amendment of proffered condluons, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of Item'2(cy in Zoning Amendment Procedures, i ff applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. r- Copy of previously adopted Ordinance. For a planned�unifdevelopment amendment, bhe following must also be submided: I— Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r- Copy of previously adopted Ordinance. For a e mohens- 14sign overlay amendment, the following must also be submitted;, r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. r" Copy of previously adopted Ordinance. 'For a proposal that requires a tYaftImpact study be submitted to.the City, the following must also be submilted: r- A Trafi9c Impact Study in compliance with Appendix &2(e) of the City's Zoning Ordinance. For a proposatrthat requires ,a traffic Impact analysts be submitted to VDOT, the following must also be submitted: r' Cover sheet. Traffic impact analysis, f Concept plan. r- Proffered conditions, if applicable. I— Required fee. `An electronic copy of this application and chec IdIst can be found at www. roanoksva .gov /plannfngcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 NARRATIVE TO ACCOMPANY AMENDED ZONING AMENDMENT APPLICATION Roanoke City Council has authorized the Roanoke Fire -EMS Department and other City staff to move ahead with the demolition and construction of a replacement to Fire Station No. 7 located at 1742 Memorial Avenue, SW. The site of the current station is not large enough to accommodate the new station and additional property must be acquired. In addition, retaining the station at the current location will necessitate the closing of one block of Denniston Avenue and the widening of Our Street. Taken together all of this will require the project site to be rezoned because the larger site will overlay three different zoning districts - -CN (Commercial - Neighborhood), RM -1 (Residential Mixed Density), and RM -2 (Residential Mixed Density). As such the City desires to rezone the three districts into a single (Institutional Planned Unit Development (INPUD) district. The enlarged site acquired for the new station can be seen on the Development Plan attached to this application. This application is being submitted in support of council's directive. The new station will replace an existing station which provides only 4,800 square feet of gross space on two floors and a partial basement with a new two -story building that will provide nearly 15,700 square feet of gross floor space. The existing facility occupies a site having containing only 0.32 acre located at the intersection of Memorial Avenue and Denniston Avenue, SW, but the City has purchased a tract encompassing nearly 1.77 acres that will allow the larger station to be built at the same location. The site falls within the planning guidelines of the Greater Raleigh Court Neighborhood Plan, adopted by City Council on May 21, 2007. Background: The Existing Fire Station Fire Station No. 7 was constructed in 1922 and opened on December 13 of that year. At the time the station was opened it housed only one fire engine. In 1950, seeing the need to improve fire protection in the Raleigh Court neighborhood, the City made the decision to construct a second apparatus bay onto the station; the additional bay would house a ladder company. According to records, the firemen assigned to the station did much of the work required to build the second bay. Station 7 is one of the smaller fire stations in the City. Studies that looked at response times from various locations were performed by Fire Department staff and those studies confirmed that constructing a new fire station at the existing location is the best option for the Department. Locations further east would add response time to the station's coverage area to the south and west, and there are no developable sites available further west. The current station occupies a two -story building that sits on a triangular site bounded by Memorial Avenue to the north, Denniston Avenue to the southwest, and Our Street to the east. Denniston Avenue intersects and crosses Memorial Avenue on a diagonal to the northwest. Our Street is a narrow street one block in length, but it does offer a perpendicular intersection with Memorial Avenue. The current building houses two bays for fire apparatus —one bay for a ladder truck, the second is used for an emergency medical services (EMS) vehicle. Ingress to and egress from both bays occurs via Denniston Avenue. Both bays are too small to adequately accommodate modern fire - fighting apparatus along with the equipment to properly support those vehicles. Page 11 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 As mentioned, the present site covers approximately 0.32 acre. Apart from the temporary use of the apron areas along the east side of the building, there is no parking specifically identified onsite for either staff or for visitors. The existing building contains a partial basement and two full floors which provide approximately 4,800 gross square feet of floor space for the station. The first floor houses the two fire apparatus bays and a small office for the station captain. Living spaces to include a kitchen, day room, and staff sleeping quarters are located on the second floor above the apparatus bay. That floor also houses a single restroom and shower facilities. There is no separate sleeping or restroom facilities for male and female fire fighters. And, given its age and limitations of structure, the current building is not accessible to the physically disabled. The building is constructed using exterior masonry bearing walls (uninsulated) with concrete - framed floor slabs, brick veneer exterior with a hip roof, and wood - framed partitions and plaster walls, and plaster ceilings. The brickwork incorporates a number of ornamental details that heighten interest to the overall architectural appearance of the building. DESCRIPTION OF PROPOSED USE AND DEVELOPMENT OF THE PROPERTY information Specific to the Proposed Fire Station The proposed replacement station will provide 9,525 square feet of floor space on the 1 st Floor and 6,144 square feet on the 2nd floor; the total gross floor area of the new building will be 15,669 square feet. The new building will have an overall height of approximately 40 -feet to the peak of the highest roof. The front "wing" placed at Memorial Avenue primarily houses the apparatus bays where the fire fighting vehicles are secured and maintained in a state of readiness; the rear wing, which runs perpendicular to the front wing, house the operations and living areas of the replacement station. This plan arrangement allows ready access to streets for the departure and return of fire vehicles, yet effectively places the housing /living area to the rear of the building where there is less noise from vehicles using the streets. In addition to providing bays to house fire - fighting vehicles (apparatus) along with rooms /spaces to support those vehicles, the building's 1 st floor a public lobby, admin areas, community /day/ training room, and living spaces such as kitchen, dining and fitness rooms for fire personnel. The 2nd floor will contain the housing areas for firefighters and officers, along with locker room, showers and a laundry facility. The following specific building improvements are envisioned: • A more prominent building entrance will be designed into the north facing fagade of the new building, near the juncture of the wing housing the apparatus bays and the rear wing which houses the operations and living areas. The public entrance will occur and be observed by the Captain's Office. Page 12 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 • Three 16' -8" wide by 60' -0" long bays designed to accommodate modern day fire apparatus to include an engine, ladder truck and EMS vehicles; total floor area actually allocated to the three bays is approximately 3,645 square feet • Office space to include captain's office and the alarm room. • Staff living facilities include an officer's dormitory room with ensuite bathroom, nine dormitory rooms for firefighters, shower and locker rooms, laundry for staff, kitchen and dining area, fitness room, and day /training room. The day /training room can also be used as a community room by neighborhood organizations and business groups. • Support rooms /spaces will include Decontamination facilities to include a decon room, two restrooms and a laundry are being provided along a room to house turn -out gear (TOG) and a room to serve as a central repair space for TOG from all stations; an all- purpose shop; and several rooms /areas for storage. • A porch along the Memorial Avenue side of the building that replicates a similar space found in virtually the same place on the same corner on the existing building. • A partially recessed patio space located at the southwest corner of the building, a space that can be used by staff for outdoor cooking and general relaxation. The New Station: Green, Sustainable and Energy Efficient The building is being designed with sustainability in mind. Materials that wear well and are long lasting, that require minimal maintenance, will be used throughout the building. The building will incorporate labeled energy- saving products /equipment prescribed under the "Energy Star" Program. In addition, it is being designed to meet that standards established under the Virginia Energy Conservation and Environmental Standards (VEES) and by reference Chapters 2 -12 of the 2012 international Green Construction Code. As such, the south - facing section of the building's roof will receive an array of Photovoltaic (PV) solar collector panels which will provide nearly 700 sq. ft. of collector area and produce approximately 3% of the electrical power consumed by the building (approximately 10% of the actual electrical load). Efforts are also being made that will allow the station to be connected to the new fiber ring installed by the Roanoke Valley Broadband Authority. The fiber has been installed along Memorial Avenue which should allow easy connectivity to the new station and thus improve communication and data transmission and reception. Proposed Site Improvements Public Streets: The site plan proposed for the project calls one block of Denniston Avenue to be closed and vacated; that one block would be completely demolished and removed from its intersection with Memorial Avenue to a point approximately 50 -feet beyond its intersection with Our Street. The total extent of demolition and removal is about 350 -feet as measured along the centerline of the street. With regard to Our Street, the full length of that street, approximately 275 -feet, will be widened from a present roadway section of 26 -feet to a new width of 32 -feet. The increased width will include two drive lanes, a lane for parking and a strip for plantings and utilities along the west side of the street. The planting /utility strip and sidewalk along the east side will remain. The work associated with closing Denniston Avenue and widening Our Street will necessitate Page 13 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 relocating a 10" sanitary sewer, relocating one fire hydrant, along with other utilities that may be within Denniston Avenue. Demolition Work: The work required as part of this project calls for the existing building to be completely demolished along with all existing on -site improvements to include the existing concrete entrance drives and aprons; underground fuel tank; and other incidental items like the front sidewalk, low -grade retaining wall and utility services. One other site - related item involves a piece of sculpture (titled "Trojan Dog" by Ann Glover) which has already been disassembled and removed from the site. It has been stored and will be refurbished in early 2019, then placed at another site in the Greater Raleigh Court area until after construction of the new station is complete. The sculpture will then be returned and installed on a new pad built as part of the fire station project. Retaining Walls: The grading scheme proposed for the moderately sloped site will require a new retaining wall along the southwestern perimeter of the segmented parking lot. The wall is estimated to be 180 -feet in length and slope generally from an "at grade" (0 -foot) height at each end to a height of about 12 -feet near the southwest corner of the property. Storm Drainage System: The grading for the proposed project will result in the run -off from the bay aprons being directed towards the entrances at each of Our Street and Memorial Avenue. Curb inlets will be installed at each entrance as well as at the lower comer of the parking lot and along the adjoining curb line to capture the run -off. Parking areas and travel paths will in general be sloped from a high -point near the intersection with Our Street to the northwest corner of the site near or adjacent the Village Grille property. These systems will be connected to the existing storm drainage system adjacent thereto. Other site improvements: Other site improvements and /or amenities envisioned as part of the project include: • Parking in two adjoining lots providing a total of 21 spaces for staff (employees), an allowance for shift changes and visits from other service providers attending meetings and training sessions. One space will be reserved for the physically disabled. (See more detailed discussion with calculations which follow.) • A gas -fired standby generator designed to operate the entire station. Generator will be screened from view with a 10 -foot high mostly opaque fence. • A concrete masonry wall that retains the steeply sloped hillside and allows for construction of the larger portion of parking. • The site will be landscaped in a manner consistent with the standards established by the City's Planning Department. • Sideway pathways will be retained along Memorial and what is currently Our Street. A new walk will be added along the west side of Our Street extending from Memorial Avenue up the hillside to terminate and align with an existing walk located on the east side of Denniston Avenue. Signage Any new signage on the INPUD zoned property will conform to the requirements of the City of Roanoke Zoning Ordinance, Table 668 -1, for the IN, Institutional District." Page 14 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 Legal (Metes and Bounds) Description prepared for the for New Site for Fire Station No. 7 BEGINNING AT CORNER A, SAID POINT BEING THE NORTHEASTRLY CORNER OF NEW LOT 6A AND THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE SW; THENCE WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF MEMORIAL AVENUE SW N 730 28'40" E 218.51 FEET TO CORNER 8; THENCE LEAVING THE AFORESAID RIGHT -OF- WAY AND WITH THE RIGHT -OF -WAY LINE OF OUR STREET SW S 160 31'20" E 150.00 FEET TO CORNER 9, THENCE S 730 28'40" W 21.00 FEET TO CORNER C A POINT IN THE EASTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE SW; THENCE N 16'31'20" W 88.49 FEET TO CORNER E A POINT IN THE WESTERLY RIGHT -OF -WAY LINE OF DENNISTON AVENUE SW; THENCE WITH THE VACATED PORTION OF DENNISTON AVENUE SW RIGHT -OF -WAY LINE N 610 04'53" W 34.00 FEET TO CORNER F; THENCE LEAVING THE VACATED PORTION OF THE AFORESAID RIGHT -OF -WAY AND WITH THE NEW LOT 13A -1 S 730 33'52" W 49.44 FEET TO CORNER G; THENCE S 160 26'08" E 42.84 FEET TO A FOUND IRON ROD AT CORNER 16; THENCE S 830 19'52" W PASSING AN IRON ROD AT 86.91 FEET IN ALL 192.71 FEET TO A FOUND IRON ROD AT CORNER 17; THENCE S 080 56'04" E 170.67 FEET TO A FOUND IRON ROD AT CORNER 18, A POINT IN THE NORTHERLY RIGHT -OF -WAY LINE OF TWELVE FOOT ALLEY WAY; THENCE WITH THE AFORESAID ALLEY WAY, THE FOLLOWING TWO (2) COURSES: S 830 26,56" W 160.96 FEET TO AN IRON ROD SET AT CORNER 19; THENCE N 830 01'41 " W 44.13 FEET TO A FOUND 1" PINCH PIPE AT CORNER 20; THENCE LEAVING THE AFORESAID ALLEY WAY N 01 ° 11'57" E 208.42 TO A FOUND 1/2" PIPE AT CORNER H; THENCE WITH NEW LOT 6A THE FOLLOWING FIVE (5) COURSES: N 840 45'21" E 9.53 FEET TO IRON ROD SET AT CORNER I; THENCE N 460 18'29" E 76.34 FEET TO AN IRON ROD SET AT CORNER J; THENCE N 730 23'00" E 126.00 FEET TO AN IRON ROD SET AT CORNER K; THENCE N 120 28'35" E 23.26 FEET TO A FOUND IRON ROD AT CORNER 5; THENCE N 280 31' 11" E 47.15 FEET TO IRON ROD FOUND AT CORNER 4, IN THE VACATED PORTION OF DENNISTON AVENUE SW; THENCE N 610 04'53" W 34.32 FEET TO CORNER N; THENCE N 160 31'20" W 37.92 FEET TO THE POINT OF BEGINNING AND BEING LOT 15A AND AREA 'E' CONTAINING A TOTAL OF 2.3609 ACRES, AS SHOWN ON "PLAT SHOWING RIGHT -OF -WAY VACATION, RIGHT -OF -WAY DEDICATION, RE- SUBDIVISION AND COMBINATION FOR THE CITY OF ROANOKE," PREPARED BY MATTERN AND CRAIG, DATED NOVEMBER 14, 2018 AS RECORDED IN INSTRUMENT NUMBER Development of Parking: Both Required and Provided Parking for the proposed Fire Station is based on the number of staff (employees) on -duty at a given time, plus an allowance for shift changes and visits from other service providers attending meetings and training sessions. Based on discussions held during the programing stage of the project, the Fire Chief and staff familiar with fire station operations indicated that the maximum Page 15 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 number of staff on -duty at a given time is 10. During shift change it is customary to have the full staff from each shift present. This scenario would result in as many as 20 employees /staff using the parking lot at the same time. Please note that the facility as designed will include a maximum of 30 beds split among 10 separate rooms. A review of the City Code, Chapter 36.2 — Zoning, Article 6 — Development Standards, Division 5. - Parking and Loading, Table 652 -2. Required Parking Spaces indicates that for a similar use the minimum parking required is: • Use: Public, Institutional or Community Facilities / Fire, police, or emergency services • Minimum Number of Parking Spaces Required: 1 Space for each 500 SF (Net) • Maximum Parking: No Based on this stated criteria, the minimum number of parking spaces is derived as follows: • Building Area: • Level 1 Net (excluding bays) = 4,892 SF • Level 2 Net = 5,275 SF • Total = 10,167 SF. • Minimum Number of Spaces Required: 10,167 SF / 500 = 20.33 or 21 parking spaces • Standard Parking Spaces = 20 spaces • Accessible Parking Spaces (VAN) = 1 space • Total provided = 21 spaces Conclusion: The parking provided meets the basic criteria established in the City's zoning ordinance and it meets general guidelines developed by the Roanoke Fire -EMS Department. JUSTIFICATION FOR THE CHANGE The Roanoke Fire -EMS Department places a lot of emphasis on the ability of the Department to respond to emergency calls as promptly as possible. That objective is referred to as "response time." When one considers the placement of Fire Station 7 and the area protected by the station, and then examines the placement of nearby stations such as Station 1 (downtown), Station 4 Peters Creek Road near Brandon Avenue), Station 5 (Orange Avenue), and Station 8 (South Roanoke), you'll see that Station 7 sits nearly central to those four stations. And, this simple analysis does not take into consideration the impact of streets, traffic, and signal systems on response times. If the station were moved further west (toward Raleigh Court/Grandin Road Extension) land large enough to accommodate the new station is difficult to find and the cost to purchase would be very expensive. If the station were moved further into the city toward the east (toward the Patterson Avenue -13th Street intersection), that move would push the station further away from its primary area of coverage. Therefore, in considering all of these factors the location of the current station seems ideal and the cost to relocate would unnecessarily increase the overall budget for the project. So, in addition to being ideally located with the Greater Raleigh Court area, Fire Station 7 fits well in within the network of other stations found within the city; it supports the Grandin Road and Greater Raleigh Court areas but also the area to the south and west, to include the area fed Page 16 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 by Apperson and Lee Highway, and east to the area around 13th Street and Patterson, and even downtown if needed, The existing station has been in use for nearly 100 years and as such has come to the end of its useful life —the building needs to be replaced. The building was built in 1922 and is woefully inadequate. Fire Department staff has made commendable efforts to sustain the building and its facilities for many years. Deficiencies include the following: • The two apparatus bays are small; the newer of the two bays is barely large enough to handle the ladder truck it houses, yet alone support that vehicle, equipment and firefighters it transports. • There are two dorm areas, one for officers and one for firefighters, the latter is small and cramped. • Restroom and shower facilities are insufficient; anyone using the toilets must step up onto an elevated platform that was added to accommodate the plumbing because there is not enough height between the 2nd and 1st floors to accommodate the waste piping. • The kitchen and dining areas are overly inadequate; there are steps /thresholds in the flooring at the upper level which could lead to falls. • There is good reason to question the structural integrity of the concrete floor slab at the 1 st floor. The list can go on. Earlier this year (2018) the City examined the possibility of renovating and expanding the existing building but that option was found to be problematic and costly. City Council has authorized the construction of a replacement station on the current site. In order to accomplish the goal of replacing the existing Fire Station 7 with a new and more modem facility, the City needs to rezone the current site along with portions of adjoining properties from CN (Commercial- Neighborhood), RM -1 (Residential Mixed Density), and RM -2 (Residential Mixed Density) to an INPUD (Institutional Planned Unit Development). The property needed for construction of the new station can be seen on the Development Plan attached to this application. Purchase of Additional Property The new station will be constructed in essentially the same location currently occupied by the existing building, but having a much larger footprint. Because the new station is much larger, and because the Fire Department desires that the station incorporate a drive -thru design for fire apparatus and have adequate on -site parking for staff and visitors, it will be necessary to close a portion of Denniston Avenue and widen Our Street. And, to accommodate the larger station and the associated parking needs, the City will need to acquire additional property. Given the restricted limitation imposed by the size of the existing site, only 0.32 acre, the City has purchased a tract of land to the southwest and directly across Denniston Avenue from the current site (Tax Number 1330606; Legal description: Tract A, PT Block 3, William Claytor). The land being purchased covers nearly 1.77 acres but more importantly allows 143 -ft. of street frontage along Denniston. Not only will this land permit the siting of a much larger fire station, it will allow the parking of Fire Department and personnel vehicles on site, something that is greatly limited at the current facility. Page 17 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 Coupled with the purchase of the parcel to the southwest, the City is in the process of purchasing a small triangular- shaped portion from a larger residential lot that abuts the land described above. This smaller lot (0.028 acre) will be carved out of the larger existing lot (Tax Number 1330631; Legal description: Lot 13A, Block 3, William Claytor). In addition to the need to outright purchase land to construct and expand the station the City is also pursuing parcels associated with the vacation of Denniston Avenue. Street Vacation The closure of a one -block portion of Denniston Avenue will necessitate the division of that one block into equal halves and those halves will then be split among the property owners that adjoin that portion of the street. In this case, there are three property owners that will (with city council approval) receive property vacated by the closure: the City of Roanoke (Tax Map No. 1330401), Oak Tree Ventures LLC (Tax Map No. 1330605) and Francis J. and Primrose Eastbum (Tax Map No. 1330631). However, in order to proceed with the project the City must obtain the two parcels that will not be conveyed to it as part of the vacation process. The process to vacate the street is being pursued simultaneously with the request to rezone the property needed to construct the replacement station. The City has worked out agreements with the two parties to whom the property will be conveyed to secure those two parcels (i.e. Oak Tree Ventures LLC and Francis J. and Primrose Eastburn)— assuming that city council approves the request to vacate the one block portion of Denniston. The City will purchase the parcel to be conveyed to the Eastbum's and it will obtain ownership of the vacated portion of Denniston conveyed to Oak Tree Ventures in exchange for installing four parking spaces, constructing a small concrete pad (landing), and relocating an existing sign, all impacted because of a curb -cut entrance needed for the new fire station. EFFECT OF THE PROPOSED AMENDMENT ON THE SURROUNDING NEIGHBORHOOD (E.G. TRAFFIC GENERATION) Community Benefits: Specific Benefits: Fire Stations tend to be places where people are readily and warmly welcomed to enter and the proposed station will be no exception. A public lobby has been planned where visitors can enter the building and engage with fire personnel, staff who can answer questions and guide them in touring the station. A porch is being incorporated into the building at the northwest corner of the building, directly adjacent to the walk along Memorial Avenue. In addition to invoking the sentiment and feel of the porch it replaces, the new porch will offer a drinking fountain with a bottle filling station for the use of runners, bikers and walkers who use the walks and bike lanes as connections to the region's greenway system, the closest such connection being only one -half mile to the east along Memorial Avenue. Although the City offers a large community meeting room in the Raleigh Court Library, and a number of churches offer similar meeting rooms in their buildings, the training room in the new station is also being designed as a meeting place for those in the community who are in need of such a space. Broad -based Benefits: The following is a list of broad -based benefits the project will bring to the community and the City as a whole: Page 18 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 • The replacement fire station is positioned as a major asset to the neighborhood, one intended to improve the ability of firefighters to protect persons and property located in the Greater Raleigh Court and Grandin Road community. • The project accommodates access to public transit with buses traversing both Memorial Avenue and Our Street. • Pedestrian access has been maintained and even enhanced through retaining and building new sidewalks, cross walks, and bike lanes. • Architecturally, the new building is designed to reflect the character and history of the long - established neighborhood. • In addition to endorsing the recommendations made by many citizens in the neighborhood (see section on "Architectural Character..." elsewhere in this narrative) that materials be esthetically pleasing and blend with those used throughout the neighborhood, they have been selected to be durable and long lasting. • Windows are utilized to promote transparency from without and views from within the station. • Parking for staff and visitors has been placed to the west side and at the rear of the building to minimize visual impact from both Memorial Avenue and Our Street. Community Meetings: Over the past year Fire Department staff has met with several neighborhood organizations to discuss the project and receive feedback from those who attended those sessions. The neighborhood organizations have included the Greater Raleigh Court Civic League, Grandin Road Civic League and Mountain View Terrace. In addition FD staff recently met with the president of the Wasena Civic League to provide an update on the proposed project. Implications for Traffic: Discussions with the City's Transportation Division, and more specifically with the Transportation Manager and Traffic Engineer, indicated that given the lower than required traffic counts for Memorial Avenue and surrounding streets, a traffic impact analysis /study was not needed for the replacement station. However, because the new station is really replacing an existing station with little change in occupancy and use, the new facility will have very little impact on traffic in the neighborhood. As part of the new development, concrete entrances (oversized both in width and in thickness to accommodate the larger fire apparatus that will use the station) will be provided at three locations around the site, one from Memorial and two from Our Street. These entrances will not only serve the fire apparatus but also privately owned vehicles and those operated by visitors to the station. Architectural Character of the Exterior of the Replacement Station During the programming and conceptual design phase of the project the design architect received a good deal of input regarding architectural features deemed to be important to the neighborhood and to citizens throughout the City. A number of these features are found in the existing building. The list includes the following characteristics: • Residential character • Red brick • Domestic - scaled windows • Arched fenestrations (openings) Page 19 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 Exterior porch(es) Hip roof Large overhangs along the eaves December 14, 2018 The project architect (SFCS Architects, Roanoke) has made a commendable effort to incorporate many of these elements and features into the new building to include the provision of an open porch at the northwest corner of the apparatus bay, the use of segmental arches over the openings to the apparatus bays, domestic - scaled windows, ornamental detailing of brickwork, use of cast stone keystones and springers, and hip roofs and large overhangs along the eaves. Such features and details can be seen in the drawings of the building elevations found at the end of this narrative. AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES IN THE GENERAL AREA AND IN THE CITY There are to the knowledge of the applicant no other properties that are similarly zoned in the area immediate to Fire Station No. 7. Given the purpose and function of the proposed station, site too distant from the present location are simply unacceptable to consider. RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN AND THE APPLICABLE NEIGHBORHOOD PLAN As detailed hereinafter this project supports and is consistent with City Council's Vision Statement and the Fire/EMS Strategic Business Plan, and it satisfies a number of policies, recommendations and actions enumerated in the Vision 2001 -2020 Comprehensive Plan and Greater Raleigh Court Neighborhood Plan. The Project Supports Roanoke City Council's Vision Statement This project supports four of the seven priorities cited under Roanoke City Council's Vision Statement, which states "The City of Roanoke is a safe, caring, and economically vibrant community in which to live, learn, work, play and prosper": Good Government: The first of the four priorities is Good Government," this project will help improve the City's ability to "Provide exceptional, yet cost competitive government services that are collaborative, transparent, responsive, and innovative" (Priority 3). The new station should (1) help the Fire Department improve upon the time it takes for staff to respond to emergencies; (2) the new station is innovative in that it will better support staff and house the equipment that is essential to the Department's mission; (3) it will better meet current building codes and be more energy efficient because it is being designed to meet that standards established under the Virginia Energy Conservation and Environmental Standards (VEES) and by reference Chapters 2 -12 of the 2012 International Green Construction Code. Infrastructure: The second of the four priorities satisfied by this project is Priority 5 which states "Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities." When complete, Page 110 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 the new fire station will be a structure that is well- designed and well - built, one that indeed reflects the quality and maintenance features envisioned under Council's 5th Priority." Livability: City Council's sixth priority states: "Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, work and play." The provision of a modern fire station that replaces an old, well -used and deficient station will improve the City's ability to enhance and enrichen life opportunities for the citizens who call Roanoke their home. Safety: The fourth of the priorities supported by this project is Priority 7, "Assure community safety and judicial needs are met and promote a safe and desirable region." The new building will certainly enhance the Fire Department's goal to improve its ability to better safeguard and protect the citizens and property of Roanoke City as envisioned under Council's Priority 7. The Project Supports the Fire/EMS Strategic Business Plan One goal cited in the Fire /EMS Strategic Business Plan is that Fire /EMS stations should be outfitted to provide efficient and effective response. One of the intentions behind the planning and design of the replacement to Fire Station No. 7, perhaps the major intention of the project, is this very goal —to provide a MORE efficient and effective response to the citizens served by the station, and to the City as a whole. The Project is Consistent with the Vision 2001 -2020 Comprehensive Plan The proposed replacement to Fire Station No. 7 supports a number of policies and actions prescribed in the City's Vision 2001 -2020 Comprehensive Plan, to include the following: • Under Section 3.5, "Public Services: Police, Fire /Ems, Solid Waste Management, Code Enforcement," Policy PS P3, Fire and EMS services, states "All areas of the City will have fire and emergency services that are located to provide the most effective and equitable protection." The new station with its improved state -of- the -art facilities will not only enhance response times to Grandin Road and the Greater Raleigh Court area, but to other adjoining neighborhoods that the station is often called to support. • Under that same section, Action item PS A5 states "Study and promote regional approaches to providing public safety services that ensure their location and operation provide the most equitable, effective, and efficient service to citizens." Again, the new station will be better equipped to improve response times to all citizens as may be needed in more critical situations. • Section 4.1, "Design Principles," defines Village Centers in this way: " Roanoke's traditional neighborhoods typically featured small commercial centers that allowed residents to live, work, and shop in a local setting. Village centers are characterized by a mixture of high - density uses, including neighborhood- oriented retail, office, and residential uses. Buildings are typically set close to the street and often adjoin each other; parking is located to the side or rear of principal buildings." Fire Station 7 is very much a part of Grandin Village, one of the more recognized village centers found in the City, a model of what is desired for this type of development. The station is a favorite place for locals to visit and spend time engaging fire fighters in conversation enjoyed among neighbors. In addition to adhering to these basic design principles, the proposed project is consistent in addressing the principles Page 111 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 laid out for streets. The plan developed for the new station calls for narrow travel lanes, on- street parking, a bike lane, planting strips and sidewalks for a refashioned Our Street. In that same section "Buildings" are described in these ways: • Building location and design should be considered as important elements of the streetscape and should be used to define the street corridor as a public place, especially at major intersections. • Building height and location should create a feeling of enclosure along a street. Residential and commercial buildings should be located very close to streets with low vehicle speeds. • Building fronts and entrances should face a street. • Major streets should terminate with monumental public /institutional buildings, parks, or civic art. In keeping with these recommendations the new station will continue to face both Memorial Avenue and Our Street, it will be moved closer to Memorial, and with a roof height approximately 10 -feet above the current building it will better define and enclose the edge of Memorial Avenue. Given its proximity to the street and its increased footprint and height, the new building will indeed present a more monumental feel and presence to those approaching Grandin Village from the east. The Project is Consist with the Greater Raleigh Court Neighborhood Plan The construction of the new Fire -EMS Station 7 will satisfy a number of recommendations, both policies and actions, as set forth in the Greater Raleigh Court Neighborhood Plan ( GRCNP), dated May 21, 2007, which was prepared for the Greater Raleigh Court Civic League ( GRCCL). In addition to the Raleigh Court area, the GRCCL represents Center Hill, Ghent, Lakewood, Lee -Hy Court, Rosalind Hills, Virginia Heights, and Westhampton. The organization encourages understanding of and participation in city government and over the years has exercised a strong voice in city affairs. Included in the Greater Raleigh Court area is the Grandin Village Business Association which consists of businesses located in the Grandin Village. Recommendations made under the GRCNP include: Community Design: In the "Community Design" section of the Plan those policies that will be adopted within the design of the new station include the following: The fagade of the new station will satisfy the policy which recommends that the neighborhood retain its overall traditional character. • The new building will be built near Memorial Avenue thus meeting the recommendation that buildings be oriented close to the street. • Minimal code - compliant lighting will be installed on the site around the building; however, the lighting will be kept to a minimal level in keeping with the recommendation that there be no excessive lighting. Transportation: One policy set forth in the "Transportation" section of the Plan states "Streets should be kept at the minimum width necessary to accommodate vehicular traffic, on- street parking, and bicycle accommodations where appropriate." The plan for the new station calls for Our Street to be enlarged and improved; that work will be done in keeping with the recommendations made under this section of the GRCNP. One other policy that will be implemented deals with sidewalks. Action Item T A3 states "Construct sidewalks in locations Page 112 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 December 14, 2018 described in this plan to provide improved connectivity and maintain existing sidewalks." Existing walks will be improved and new sections of walk added per this recommendation. Public Service: Two action items identified under the section on "Public Service" can be also be mentioned: • First, Action Item PS A6 calls for improvements to be made to Fire Station 7. Such work was to have been implemented in Year 4 of the City's five -year Capital Improvement Program (CIP); those improvements would have been made beginning FY 2010. The current project will finally bring to fruition the initiative to improve the station. • Second, two policies listed under the "Public Service" section, PS Al and PS A2, seek to address storm drainage concerns. In keeping with each of these policies, new curb and gutter will be installed in a manner that maintains and even improves the existing storm water drainage system in the area immediate to the replacement station. ATTACHMENTS • Exhibit Showing Disposition of Vacated Right -of -Way (Denniston Ave.) and Dedication of New Right -of -Way (Our St.) (Mattern & Craig, 09/21/18) • Exhibit Showing Area to be Re -Zoned to INPUD (Mattern & Craig, 12/03/18) • Plat Showing Right -of -Way Vacation, Right -of -Way Dedication, Re- Subdivision and Combination for the City of Roanoke (Mattern & Craig, 12/03/18) • Drawing, Sheet 1, Development Plan (SFCS w/ Mattern & Craig, 12/13/18) • Drawing, Sheet AA5.1, Building Elevation (SFCS, 12/13/18) — END OF AMENDED NARRATIVE Page 113 70NING LEGEND: �ELFU° CN = COMMERCIAL — NEIGHBORHOOD ® - sa ^'� «z �•`^' 4^na• - oem pro4 4anFde RM -1 = RESIDENTIAL — MIXED DENSITY RM -2 = RESIDENTIAL — MIXED DENSITY MIDMAL AVE. SW m - rowvan Pea.. POINT OF (°rc war- a -w.v1 2 o0.ow •• fT " fka.lc 'e,a ^aorm. BE,;,.,.,; EW R/W f 9., ` 94,• - Eym va. (P.O.B.) c�rel• T3 za' E .3,sr WJ�: 3 ze' a°' E izs.o, I,oid) •° F w, n° T- o - ��• 4 R � � em � � I� � - E�aP-9 nsa,ms, °C .ma "y I 9np' Burs «rte Ig ^ E,� o� �a . nr i I R � \ y v uo Soor o�oti 9r /cFJE•Fn �iivsm+relse 9 I8. UT —" ­­l e rebM p. E 8/ � r.. v., '�' r 9 BP y S _ Uf — Untlerpa ^c Eieelr's / • � s � L "' � � ry V v a X10 w Q _ —" TebeFme lie -- - ., NEW R/W ' \r _ e° 4A ARE.AS, OF B/W TO BE VACATED -- — — oo ww r( °� _ s, AREA 'A' = 2,192 S.F. (0.0503 AC.) RLSEILTNG PROJECT µ c,pgsaEe�w z_ AREA 'D' = 4,284 S.F. (0.0984 AC.) SITE AREA = 2.46 AC. • ss� ° AREA 'C' = 2,973 S.F. (0.0683 AC.) _ AREA 'D' = 8,048 S.F. (0.1848 AC.) --- - - - -__ 8, I }R , ^��°" �o °I AREAS OF RA TO BE DEDICATED' 4, to AREA 'E' = 2,100 S.F. (0.0482 AC.) �= ADDITIONAL AREA TO BE AQUIRED: `PROPERTY \ - -- s'mE IW� AREA 'F' = 1,237 S.F. (0.0284 AC.) ``� sew• LINE \ 1�/ \ \ IE 11 F9z n p c� nx nvoci 1 .. ra _ I � y flFE J0 I \ EXHIBIT SHOWING DISPOSITION OF VACATED RIGHANDFDEDICATIIONN FT AVE.) NEW --------- RIGHT —OF —WAY (OUR ST.) SEPTEMBER 21, 2018 COMM. NO. 3836 o izs' es sc' AREA A -1 (0.0165 AC. BOUNDED AREA A -2 (0.0338 AC.) BOUNDED BY BY CORNERS, 2, A, N, 3 TO 2 MEMORIAL AVE. SW CORNERS, A, M. 4, N TO A VACATED VACATED BY CITY ORDINANCE BY CITY ORDINANCE #0000 -0000 80' TO #0000 -0000 DATED XX/XX/XX TO (60' RIGHT -OF -WAY) DATED XX /XX /XX TO BE COMBINED CAMBRIDGE AVE. SW _ BE COMBINED WITH TAX 01330605 PATH TAX 11330401 - Q w 1 40 N 73' " 28' E 176.14' (TOT. 1 TO A) -' O 2 A N 73' 26' 40' E 197 51' TOT A 70 BI O MARK IN WALK 2 F O O 4 IRS 130.89' Cj'' 4525. - AREA E (0.0723 AC.) BOUNDED BY CORNERS, B, 8, 9, C TO B, HEREBY Qp / " OAKTREE VENTURES, LLC. <p'., N DEDICATED TO THE CITY OF U yq IMST. i15OW7171597 LOT 8 ' ?B ROANOKE FOR STREET PURPOSES ,^� PORTION OF LOTS 6-9 BLK. 3 N . °. g _ I M /� o LOT s MAP Of NM11AM CLAYTOR AODITON O�� , >- a ^ ° 0.4172 AC. LOT 6A -- w k OT , (0.5551 AC.) N w _ _bRF LOT LINES V•YT�`'` ° ~ Q HEREBY VACATED y i S r AREA G (0.1214 AC.) BOUNCED BY U CORNERS, 6, 5, K, J. I. H TO 6, TO B INF ....... .. ... �. . _....... .-- •� ' �'.. aY `O =O o I' BE COMBINED NTH TAX 01330605 O S 73 23 00 W 19753 ti in HT-OF-WAY Num lqgy C - -- T (0.0614 AC.) BOUNDED BY CORNERS, 12, L, D, E TO 12, VACATED BY CITY "*h"rA' ">� T s 1r4 $ l ORDINANCE #0000 -0000 DATED XX /XX/XX 0`,� �s� N y^''' = y `t5 - TO BE COMBINED WTH TAX #1330401 IRE / Mm THURMAN CROWDER & SHIRLEY T. CROWDER `" ` ' �' _ _ NEW LINE D. B. 1755, PG. 146 0 17 �.` - -) RS Filj� TAX #1330607 s S 83. ig• 52 I i E %,��� 1ry � � 192.71' �Mi ,fly 0 0 mc.riil €' "' • t C9 es � 1 \\ 20 N >. 63` \4 CURVE TABLE CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH CHORD BEARING CHORD Cl 4544'01" 20.00' 8,43' 15.96' S 82' 21' 41' E 15.54' C2 134'26'20' 20.00' 47.62' 46.93' N 06' 0T 10" E 36.88' 7 UNE TABLE TA X #1330611 LEGM, . I] - CORNE IRE - IRON I IRS - IRON I Fd. - FOUNC AC. - ACRE LINE BEARING DISTANCE L7 S 73' 28' 40" W 24.39' L2 N 12' 28' 35' E 23.26' L3 N 28' 31' 11' E 30.00' L4 N 28' 55' 07" E low L5 N 16' 31' 20" W 1 37.92' U6 N 84' 45' 21" E 9.53' t NOT SET 3 " DD FOUND DD SET _ _ - PROPERTY LINE FROM RECORD PROPERTY UNE HEREBY VACATED i - - _ _ -1 Fr' F. i Fi Gl i , - ..rL,' -.A 1 -d (RAFMC SCALE-- 4.► Mattern &Craig ENGINEERS-SURVEYORS 0 20' 40' 80' 701 FIRST STREET, S.W. ROANOKE, VIRGINIA 24016 (540) 345 -9342 FAX (540) 345 -7691 -Air 1" = an' BOUNDARY COORDINATES CORNER IF 18 °I EASTING 1 23727,1263 I FRANCIS J. EASTBURN 4L7 tS� 2 23764.3489 53831.9787 - k PRIMROSE EASTBURN °J 53847,3844 4 23724.2743 o D. B. 1440 PG 776 TAX g330631 BLK. 3 23682.8433 53893.6699 MEGHAN M. HARLOW INST. #140008757 23626.3553 LOT 13A I 0.5613 AC (DEED) 1 7 23803.8068 TA X #1330611 8 I ROANOKE GHENT MAP 54084.8493 9 127.5072 s D. B. 921 PG. 22 4104.1241 11 961.0657 I LOT 13A -1 4-041.1898 13 (0.5329 AC.) INF 14 23450.6324 �I 13 23442.8990 54103.8207 16 23566.1133 54067.4737 17 73.79' 53876.0638 18 23375.1325 15 S 83'03, 19 23356.7687 53742.6607 W 23362.1257 ALLEY - '- - 74 wESTOVER AVENUE APARTMENTS, LLC - I _ INST. #osooczSSD Q ,°�, TAX #1330626 N ° ._ HAWKS POINT a N < a PROPERTIES, LLC INST. #150004298 o z N 7A% 11330625 I Q 6 w Q ¢ I I � � I t NOT SET 3 " DD FOUND DD SET _ _ - PROPERTY LINE FROM RECORD PROPERTY UNE HEREBY VACATED i - - _ _ -1 Fr' F. i Fi Gl i , - ..rL,' -.A 1 -d (RAFMC SCALE-- 4.► Mattern &Craig ENGINEERS-SURVEYORS 0 20' 40' 80' 701 FIRST STREET, S.W. ROANOKE, VIRGINIA 24016 (540) 345 -9342 FAX (540) 345 -7691 -Air 1" = an' BOUNDARY COORDINATES CORNER NORTHING EASTING 1 23727,1263 53706.4955 2 23764.3489 53831.9787 3 23762.2828 53847,3844 4 23724.2743 53916.1835 5 23682.8433 53893.6699 6 23626.3553 53704.3861 7 23803.8068 53964.9972 8 23839A23655.213954041,1898 3591 54084.8493 9 127.5072 10 4104.1241 11 961.0657 12 4-041.1898 13 294.8468 14 23450.6324 54177.2029 15 23442.8990 54103.8207 16 23566.1133 54067.4737 17 23543.7332 53876.0638 18 23375.1325 53902.5697 19 23356.7687 53742.6607 20 23362.1257 53698.8551 AREA TO BE RE -ZONED TO INPUD 0 PI" \ PIPE Fd \ N B3 O 73 AREA A -1 (0.0165 AC. BOUNDED BY CORNERS. 2, A, K. 3 TO 2 VACATED BY CITY ORDINANCE 00000 -0000 DATED XX/XX/XX TO BE COMBINED WITH TAX /1330605 N 73' 28' 40" E 176.14' (TOT. 1 TO A) C IRS 130.89' OAK TREE VENTURES, LLC. INST. 1150007197 TAX /1330605 PORTION OF LOTS 8 -9 BUR. 3 LOT 6 MAP OF VWLLAM CLAYTON ADDITION 0.4172 At LOT 7 LOT LINES HEREBY VACATED PINCH PIPE FQ N 84' 56' 24" W 0.81 FROM CORNER MEMORIAL AVE. SW r? THURMAN CROWDER & ti SHIRLEY T. CROWDER TED XX /XX /XX TO BE COMBINED D. B. 1755, PG. 146 0 TAX #1330607 �- w AS-73' . ' t, 65.01' M 1�N p 15.96' a W h 15.54' / s AREA G (0.1145 AC.) BOUNDED BY 20.00' CORNERS, 6, 5, J, I, H TO 6, TO BE COMBINED WITH TAX #1330605 46.93' N O6' 07' 10' E JIRF 7 BLE 7BEARING 53964.9972 0 PI" \ PIPE Fd \ N B3 O 73 AREA A -1 (0.0165 AC. BOUNDED BY CORNERS. 2, A, K. 3 TO 2 VACATED BY CITY ORDINANCE 00000 -0000 DATED XX/XX/XX TO BE COMBINED WITH TAX /1330605 N 73' 28' 40" E 176.14' (TOT. 1 TO A) C IRS 130.89' OAK TREE VENTURES, LLC. INST. 1150007197 TAX /1330605 PORTION OF LOTS 8 -9 BUR. 3 LOT 6 MAP OF VWLLAM CLAYTON ADDITION 0.4172 At LOT 7 LOT LINES HEREBY VACATED PINCH PIPE FQ N 84' 56' 24" W 0.81 FROM CORNER MEMORIAL AVE. SW r? THURMAN CROWDER & ti SHIRLEY T. CROWDER TED XX /XX /XX TO BE COMBINED D. B. 1755, PG. 146 0 TAX #1330607 �- w AS-73' . ' t, 65.01' M 1�N p 15.96' a W h 0 PI" \ PIPE Fd \ N B3 O 73 AREA A -1 (0.0165 AC. BOUNDED BY CORNERS. 2, A, K. 3 TO 2 VACATED BY CITY ORDINANCE 00000 -0000 DATED XX/XX/XX TO BE COMBINED WITH TAX /1330605 N 73' 28' 40" E 176.14' (TOT. 1 TO A) C IRS 130.89' OAK TREE VENTURES, LLC. INST. 1150007197 TAX /1330605 PORTION OF LOTS 8 -9 BUR. 3 LOT 6 MAP OF VWLLAM CLAYTON ADDITION 0.4172 At LOT 7 LOT LINES HEREBY VACATED PINCH PIPE FQ N 84' 56' 24" W 0.81 FROM CORNER MEMORIAL AVE. SW AREA A -2 (0.0338 AC.) BOUNDED BY CORNERS, A, M, 4, K TO A VACATED (60' RIGHT -OF -WAY) BY CITY ORDINANCE 00000 -0000 TANGENT TED XX /XX /XX TO BE COMBINED 01010 BEARING H TAX 1'1330401 Nll' O IRS _ 28' 40" E 197.51 (TOT. A TO w AS-73' . ' t, 65.01' LOT 8 LOT 6A (0.5482 AC.) .,�• 63./1 /l // N 73' 23' 00"E146-66' IRS V / _ 55' EXEMPTED AREA / INST. #180010062 AREA 8 (0.0984 AC.) BOUNDED BY CORNERS, 4, M. L. 12 TO 4, VACATED BY CITY ORDINANCE 10000-0000 DATED XX /XX /XX TO BE COMBINED WITH TAX 01330401 / AREA D (01769 AC.) BOUNDED BY CORNERS, A, 7, 11, 10, C, D, TO A VACATED BY CITY ORDINANCE 00000 -0000 JJJ DATED XX/XX/XX TO BE COMBINED WITH TAX 01330401 THE CITY OF ROANOKE. r O. N. 363, PG. 233 TAX 11330401 : =' LOIS 15 d 16 ROANOKE GHENT MAP 0.3M AC. z a $1 LOT 15 0}:� 2,JJ �, sJ�9 $• 0 LOT 15A AREA F (0.0284 AC.) BOUNDED BY . CORNERS, 12, F. G TO 12, TO BE - ( 22955 AC.) COMBINED WITH TAX #1330401 17 THE CITY OF ROANOKE. INST. /180010062 TAX *330606 TRACT A M. B. 1, PG. 384 1.7550 AC. -�- = 160.96' CURVE TABLE CURVE E RADIUS TANGENT ARC LENGTH 01010 BEARING CHIXiD Cl 53831.9787 20.00' 8.43' 15.96' S 62' 21' 41" E 15.54' C2 5 20.00' 47.62' 46.93' N O6' 07' 10' E 36.88' 7 BLE 7BEARING 53964.9972 ` Q - CORNE IRF - IRON F IRS - IRON F Fd. -FOUND LINE 54084.8493 DISTANCE 23695.5526 W 24.39' 23688.6164 ' 35" E 23.26' 23767.1371 ' 11" E 30.00' 23655.2139 ' 07" E 30.00' 23515.0796 ' 20" W 3zs2' I NOT SET 00 FOUND DO SET NEW LINE ± 80' TO CAMBRIDGE AVE. SW 8� MARK IN WALK AREA E (0.0723 AC.) BOUNDED BY CORNERS. B. C TO B, HEREBY DEDICATED TO THE CITY OF I ROANOKE FOR STREET PURPOSES I 8 g3'a I- -� .'IN 3 �_ IIiF O O H S I ' I u1.00' --.(I NEW RIGHT -OF -WAY WTDTH L1 (TOT.) AREA C (0.0614 AC.) BOUNDED BY CORNERS, 12. L, D, E TO 12, VACATED BY CITY ORDINANCE 10000 -0000 DATED XX/XX/XX TO BE COMBINED WITH TAX 01330401 RIF 4a' � /6 o�. BOUNDARY COORDINATES CORNER NORTHING EASTING 1 23727.1263 53706.4955 2 23764.3489 53831.9787 3 23762.2828 53847.3844 4 23724.2743 53916.1835 5 23682.6433 53893.6699 6 23626.3553 53704.3861 7 23803.8068 53964.9972 8 23839.3591 54084.8493 9 23695.5526 54127.5072 10 23688.6164 54104.1241 11 23767.1371 53961.0657 12 23655.2139 54041.1898 13 23515.0796 54294.8468 14 23450.6324 54177.2029 15 23442.8990 54103.8207 16 23566.1133 54067.4737 17 23543.7332 53876.0638 18 75.1325 539025697 19 �23356.7687 53742.6607 20 621257 53698.8551 PLAT SHOMING RIGHT- OF-WAY VACATION, RIGHT-OF-WAY DED1CAI?ON, RE- SU8awS10N AND CaWWA710N FOR THE CITY OF ROANOME o I $HOMING THE RIGHT- OF-WAY VACATION OF I . o n l FRANCIS J. EASTBURN �9J APB g$T /� S W. & PRIMROSE EASTBURN JQy (0.3870 ACRE) oW` o D. B. 1440 PG 778 r1- TAX 11330631 SHORING THE DEDICA7EON OF RIGHT -OF -WAY FOR MEGHAN M. HARLOW LOT 13A BlK 3 OUR STREET S.W. y; INST. #140008757 I 0.5613 AC (D®) TAX #1330611 r I ROAMW GENT MAP (0.072) A(71E) S o I D. B. 921 PG. 22 SIiOMWNG THE RE- SUBDINSION OF LOT 13A -1 OAK TREE VENTURES, LLC (0.5329 AC.) NF (TAX PARS 13306175) _ 1J W 13} 1+ LOT 13A S 61 17 0% (TAX PARCEL 13,30631) 15 83' S9 5 X03 AND 910NING THE' CONBINA710N OF )�- A _ _ _ _ > 14 \ WESTOVER AVENUE LOTS 15 ANO 16 \ APARTMENTS, LLC (TAX PARCEL 1330401) - N INST. #060002550 AND TAX #1330626 T A TRACT 4 iO NI{RV I CA HAWKS POINT N > c2 m _ (TAX PARCEL 1330606) a <s� PROPERTIES, LLG H 3 F INST. #150004298 O?EAIING HEREON I �z TAX #1330625 LOT 6A Ca9 = a 1\ (0.5482 ACRE) v LOT 13A -1 (0.5329 ACRE) 3 3105 AND 11/14/2018 LOT 154 AU s n <vY1 (2.2955 ACRES) Mattern & Craig S7UATED ALONG MEMORIAL AVENUE SW., GRAPHIC SCALE ENGINEERS•SURVEYORS DENN/STON AVENUE SW., AND OUR STREET SW rn. - rnnc VIRGINIA PROPERTY LINE FROM RECORD 701 FIRST STREET, S.W. THE CITY OF ROANOKE - - - - 0 20' 40' 80' ROANOKE, VIRCINW 24016 SCALE: 1' m 40" DATE NOVEMBER 14, ............. PROPERTY LINE HEREBY VACATED �� (540) 345 -9342 M&C COW. No. J836 FAX (540) 345 -7691 SHEET 2 SITE TABULATIONS' rCN n NJnx lau.m x' RiaT a w v l are' __ NEW s' mwr war worN Iz.aa' iz.00 esoA r.50' 8D0' PARKNG D!NG M - - NmisID 11@ iM SIAIMN '� � 6 M y OUR STREET— PROPOSED ROAD CROSS SECTION r a+rtaw xwnnwlT. aua s ze N ry Lo SFET— EMUNG ROAD CROSS SECTION wv. xr.n n Aar xc Wo us a za.a As xolm a M.w way. x.r. Abw4 9A1F5 Mm • T M � w ¢_ � yl w L� Z V SITE NOTES: AIEMORGAL AYE. SW_____ Nm.M°mwlaQ :u.nawwzr. rNncew o <vLL (MA I60� _DT_war) � ,ez rwo. ixsmumw omMCr. 2 a Aa<. Awo �. uDEIZnN ( P��� c aoxel NEi EIRF� ST,1mN O';s) R _ �' 1Me w %0, . • 16.028 S�f � Ixe aQe •*f�. J N:� ri ixw - - -- - - - -- s NNDa .DAN w. E, ROANOKE s FIRE STATION #7 _ SFCS Inc. • 305 SouIN JMerson Street NOIEO.n./Aww�v -- fN.' yI Roeroxe. Vlrglnla 2401110D3 WE lM -) I SA�9e49ae4. Fm 590,MiG9L` k � _ ° cmMw WwE oECnnm T�eE mxa DEVELOPMENT 1r, PLAN �i,Iili i„ - f 2 MWIMA �II� M, All 1 ►Gii�i COMM =nm C =CuM Cc== mi ®_'�E Elm ZONING DISTRICT MAP , 1742 Memorial Avenue SW, o) 0 TA 0 Denniston Avenue SW (portion), ind 1810 Denniston Avenue SW (portion) Official Tax Parcels: 1330401, 1330606 (portion), and 1330631 (portion) C3Area to be Rezoned Zoning AD: Airport Dev - CG: Commercial - General - CLS: Commercial -Large Site CN: Commercial- Neighborhood - D: Downtown ® 1 -1: Light Industrial 1 -2: Heavy Industrial IN: Institutional INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev MX: Mixed Use Q MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single - Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - UF: Urban Flex Conditional Zoning - -� N W E 0 100 200 Feet S } W w+ 0 =P, w V_ rr O c9 �0N 1330909 ° r , >v 1330905 .1330906 1330907 - 4� CITY OF ROANOKE - PDV Attn Tina Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE SW, SUITE 456 ROANOKE. VA 24011 Date 01/14/2019 Category Legal Notices The Roanoke Times Roanoke, Virginia Affidavit of Publication Description Account Number 6011439 Date January 08, 2019 Ad Size Total Cost PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 279 L 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: 01/01, 01/08/2019 The First insertion being given ... 01/01/2019 Newspaper reference: 0000873282 ,� , 'L (�� Billing Representative Sworn to and subscribed before me this Tuesday, January 8, 2019 k_-< - A /'- - 2,614.48 / VNotarf P IIC _ \ \\s 111ratt,tr� .PP �nc. El�,,r q[r � State Virginia City/County of Roanoke �\�. NOTARY PUSL,C �! My Commission expires REG. 9332964 h1Y C0MI! "iSS04 EYPIRr:S �•`� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU '1` /ML 1-4'3'v '+ J "tits 111\\\ PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Cham- ber, 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 Ave- nue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commis- sion will hold a public hearing on Janu- ary 14, 2019, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following mat- ters: Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roa- noke (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clar- ify and make the City's zoning ordi- nance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a com- prehensive rezoning or change of any densities that would decrease permit led density in any district. unless oth erwise noted (sc Sec. 36.2 -201. Estab- lishment of distri-G, for full namr_ of zoning districts cited herein by their nr spectivo abbr,­,iatinns): Table 205-1. PE rmitted yard encroach- ments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205 -2, Application of maximum front yard requirements. tc update the contents of Table 2052 for 50 percent of the fagade to b� within the maxi mum front yard. Section 36.2 -311. Use table for residen tial districts, to allow multifamily dwellings with 10 or fewer units by right in RM -2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM -2 and by right in RMF Section 36.2 -312, Dimensional regula tions for residential districts, to reduce the minimum rear yard requirement in the R -12 district to 15 feet. Section 36.2 -315, Use table for multiple purpose districts, to replace dwelling, multifamily with two classes of dwell ing, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting 11 or more units in the MX and CN dis- tricts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D. and OF districts: and to add kernel, no outdoor pens or rum as a permitted use in the D district, and to add kennel, outdoor pens or runs b, special exception in the D district. Section 36.2316, Dimensional regula tions for multiple purpose districts, to add an asterisk to the fagade transpar- ency requirement in the CG district, thereby making a 20 10 standard apply for certain residential uses. Section 36.2 -322, Use table for industri- al districts, to add certain residential uses as permitted by special exception; and to add pet grooming as a permit- ted use in the 1 -1 district. Section 36.2 -328, Dimensional regula- tions for planned unit development dis- tricts, to remove the density minimum for all planned unit development dis- tricts. Section 36.2 -530, Certificates of appro priateness, to remove Section 36.2.530 (c)(4) related to consideration of amended applications. Section 36.2 -642, General landscaping and screening standards, Section 36.2- 642 (b)(1), to create a reference to a tree list and specifications approved and published by the zoning admints trator and delete Table 642.1, Trees: Approved Plant List, Minimum Srze at Planting, 20 Year Canopy, and Suitabili ty Section 36.2 -64.1 (a), Overall tree cano py requirements, replace reference to Table 642.1 with the proposed tree list and specifications approved and pub lished by the zoning administrator and eliminate reference to Manual of Woody Landscape Plants. Section 36.2 -652 (c), Reduction fur proximity to public transit, to remove "nonresidential" so section applies to all USeS. Table 552 2, Requrrd Parkirg Spaces. to correct figures for various residen teal dwelling types. Table 654 -1, Parking and Loading Ana Standards, to modify thy. driveway parking location relative t,� principal structures. Section 36.2 -816, Rules and records, to change "calendar" year to 'fiscal" year Section 36.2 -826, Rules and records, to change "calendar" year to 'fiscal" year. Section 36.2 -840, Generally: establish ment, to add language to authorize the appointment of a Deputy Zoning Ad- ministrator. The proposed amendments are availa ble for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http:. / /roanoke va. gov /planningcommission. Seven Hills Investment Properties, LLC, requests to rezone property located at 3162 Williamson Road, N_W., Official Tax Map No. 2070143, from CN, Com mercial -Neighborhood District, to CG, Commercial - General District, with con ditions. The use classes permitted in the Commercial - General District in clude accommodations and group liv- ing; commercial; warehousing and dis tribution; industrial; assembly and en- tertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The city's comprehensive plan designa- tes the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use build- ing to include residential dwelling units and a laundromat. An application filed by the City of Roa noke requests the vacation of a portion of Denniston Avenue, S.W., from its in- tersection with the southern side of Memorial Avenue, S.W., at an approxi- mate width of 133 feet, to its intersec- tion with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approxi- mately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official T:a, Map No. 1330401, and for a distance of approximately 275 feet along thr southern side of Denniston Avenue ad- jacent to 0 Dr nristun Avenue, S W , Of ficial Tax Map Nu. 1330606 An application filed by the City of Rua nuke seeks to rezone 1742 Memorial Avenue, S.W'., Official Tax Map No 1330401, from Commercial- Neighbor hood District (CN) to Institutional Plan- ned Unit Development District (INPUD). a portion of 0 Denniston Avenue, S.W.. Official Tax Map No. 1330606, from Commercial- Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a p )rtnJn of 1810 Denniston Avenue. S.W., Official Tax Map No. 1330631. from Residential Mixed Density District (RM -2) to Institutional Planned Unit D,� vclopment District (INPUD), and a por tion of the Denniston Avenue right -of- -way to be vacated between these par- cels (bearing Official Tax Map Nos. 1330401, 1330606, and 1330631) from Residential Mixed Density District (RM 1), Residential Mixed Density District (RM -2) and Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning appli- cation titled "Area to be re -zoned to INPUD' that shows the parcels and por tions thereof to be rezoned, which is available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http: / /roanokev a.gov /planningcommission. The land use categories permitted in Institution- al Planned Unit Development District ONPUD) include residential; accommo- dations and group living; commercial: assembly and entertainment; public, institutional and community: transpor- tation, utility; agricultural; and acces sort' uses. The comprehensive plan designates the property for Residentia! Mixed Density District (RM -1), Residen- tial Mired Density District (RM -2) and Commercial- Neighborhood District (CN). The proposed use is a new fire station for the City, providing emergen cy services and other governmental services, Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on January 22, 2019, 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. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 -25.31 at least fiva days prier to the scheduled public hearing; Stlphanr.° M. M.icr, R••,e�ld;, hlAtt. City CIer4. (8'32tt2i PUBLIC HEARING NOTICE PUBLIC HFARING 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 or Roanoke Planning Commission will hold a public hearing on January 14, 2019, at 1:30 p.m., or as soon therealler as the matters may be heard, to consider the following matters: Proposed amendments to Chapter 36.2, Zoning, of the Code of tite 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 (see See. 36.2 -201. Establishment of districts, for full name of zoning districts cited herein by their respective abbreviations): Table 205-1. Permitted yard encroachments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205-2. AQplication of maximum front yard requirements, to update the contents of Table 205 -2 for 50 percent of the faVade to be within the maximum front yard. Section 36.2 -311 Use table for residential districts, to allow multifamily dwellings with 10 or fewer units by right in RM -2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM -2 and by right in RMF. Section 36.2 -312 Dimensional regulations for residential districts, to reduce the minimum rear yard requirement in the R -l2 district to 15 feet. Section 36.2-315,.- Use table for multiple puroose districts, to replace dwelling, multifamily with two classes of dwelling, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting 11 or more units in the MX and CN districts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D, and OF districts; and to add kennel, no outdoor pens or runs as a permitted use in the D district, and to add kennel, outdoor pens or runs by special exception in the D district. Seven Hills Investment Properticw, LLC, requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN, Commercial - Neighborhood District, to CG, Commercial - General District, with conditions. The use classes permitted in the Commercial - General District include accommodations and group living; commercial; warehousing and distribution; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. with no maximum density specified and a maximum Floor area ratio of 5.0. The city's comprehensive plan designates the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use building to include residential dwelling; units and a laundromat. An application filed by the City of Roanoke requests the vacation of a portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., at an approximate width of 133 feet, to its intersection with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, and for a distance of approximately 275 feet along the southern side of Denniston Avenue adjacent to 0 Denniston Avenue, S.W., Official Tax Map No. 1330606. An application filed by the City of Roanoke seeks to rezone 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, from Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD), a portion of 0 Dcnniston Avenue, S.W., Official Tax Map No. 1330606, from Commercial - Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Dcnniston Avenue, S.W., Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and a portion of the Denniston Avenue right-of-way to be vacated between these parcels (bearing Official Tax Map Nos. 1330401, 1330606, and 1330631) from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning application titled "Area to be re -zoned to INPUD" that shows the parcels and portions thereof to be rezoned, which is available for review in the Department of Planning. Building, & Development. Room 170, Noel C. Taylor Municipal Building, and online at . The land use categories permitted in Institutional Planned Unit Development District (INPUD) include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community: transportation; utility; agricultural; and accessory uses. The comprehensive plan designates the property for Residential Mixed Density District (RM -l), Residential Mixed Density District (RM- 2) and Commercial- Neighborhood District (CN). The proposed use is a new fire station for the City, providing emergency services and other governmental services. Section _3 16. Dimensional, rtau_lati—O �1�_ for multi ale pur���se districts, to add an asterisk to the fai:ade transparency requirement in the CG district, thereby making a 200vo standard apply liar certain residential uses. Suction-30.2-322, Use table for industrial districts, to add certain residential uses as pennitted by special exception; and to add pct grooming as a permitted use in the 1 -1 district. Section 3,6.2-328, Dimensional res:ulations for planntid unit develnpnwnt districts, to remove the density minimum for all planned unit development districts. Section 36.2-530, Certificates of appropriateness, to remove Section 36.2 -530 (c)(4) related to consideration of amended applications. Section 36.2-642, General landscaping �and screening _standards, Section 36.2 -642 (b)(1), to create a reference to a tree list and specifications approved and published by the zoning; administrator and delete Table 642. 1, Trees: Approved Plant List, Minimum Size at Planting;, 20 -Year Canopy, and Suitability. Section .36.2-644 (a) Overall tree canopy requirements, replace reference to Table 642.1 with the proposed tree list and specifications approved and published by the zoning administrator and eliminate reference to Manual of Woody Landscape Plants. Section 36.2-652 (c) Reduction for proximity to public trinsit, to remove "nonresidential" so section applies to all uses. Table 652 -2 Required Parkin& Spaces, to correct figures for various residential dwelling types. Table 654 -1 Parking and LoadingyArea Standards, to modify the driveway /parking location relative to principal structures. Section 36.2 -816 Rules and records, to change "calendar" year to "fiscal" year. Section 36.2-826, Rules and records, to change "calendar" year to "fiscal' year. Section 36.2-840, Generally: establishment, to add language to authorize the appointment of a Deputy Zoning Administrator. The proposed amendments are available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at littp:Hroanokeva.gov/planningcoi-nmission. Tina M. Carr, Secretary, City Planning; Commission City Council will hold public hearings on the aroresaid matters on January 22, 2019, 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. Citizens are advised that the date on which these matters will be licard is a departure from the usual date on which .such matters are heard by City Council. 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 rive days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, January 1, 2019, and Tuesday, January 8, 2019. 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 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 2 tiITHIANIF M. MOON REYNOLDS, MMC City Clerk Clri'Y OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(a;roanokeva.gov Memorial Avenue Partners, LLC Lotus Healing, LLC The Cambridge Partnership City of Roanoke Fire Station No. 7 David S. Moeller Ronald F. Renick Carroll F. Toler, Jr. John L. Swaine, II Robert L. Wade, Jr. Angela Smibert Oak Tree Ventures, LLC Thurman and Shirley T. Crowder Meghan M. Harlow Ladies and Gentlemen: January 4, 2019 CECELIA F. MCCOY Deputy City C ierk CECELIA T. N EBB, CMC Assistant Deputy City Clerk Bruce C. Houghton Kelly C. Handy Carolyn W. Macleod John D. and Mimi G. Young Robert M. Swindell, III Barton C. Smith Nancy Galli and Patrick B. Setter James Craig Martin, IV Hawks Point Properties, LLC Westover Avenue Apartments, LLC Francis J. and Primrose Eastburn Amy L. Richardson A public hearing has been advertised to be heard by the City Planning Commission on Monday, January 14, 2019 at 1:30 p.m., in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by the City of Roanoke to vacate a portion of Denniston Avenue, S. W. adjacent to 1742 Memorial Avenue, S. W. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, January 22 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News', following its meeting on January 14. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, �2 t�� J, AC IT Cecelia F. McCoy Deputy City Clerk Enclosure Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fling Date:1. November 27, 2018 A ❑ Rezoning, Not Otherwise listed IN G y 2 9 2X118 Click Hereto Print Submittal Number Orii gin OZL IF [❑ Rezoning, Conditional x❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District e.pM Address: 111742aawsiowmAvenue, SW, 0 Denniston Avenue (Portion),ODenniston Avenue, SW (Portion) Official Tax No(s).: #0133040141AM SM09ii ' #1330631 (Portion) . #1330606 (Portion) I Ex st ng ❑ Without Conditions Zoning: CN (Commefcial Neighborhood), RM -1 (R C] With Conditions ❑ Planned Unit Development Requested ❑ Without Conditons Zoning: INPUD (institutional Planned Unit Develo 17-1 With Conditions Q Planned Unit Development ,eroo�rly ltlwnrr `t��.t +rlgl[1!s Name: Robert S. Cowell, Jr., City Manager Address: 1215 Church 364, Roanoke, VA 24011 Ordinance No(s). (if applicable): Proposed Land Use. Fire Staton Phone Number 853 -2333 E -mall robert.cowell@roanokeva.go Name: Phone Number Address: E-mail I Name: Charles M. Anderson, Architect II, Project Manager Phone Number. 853 -1007 Address: ,21trch Aden , S , Suite 350, Roanoke, VA 24011 �� E -mail: charles.anderson@roanokeva i' Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone. (540) 853 -1730 Z Glick Here to Print F ling Date: November 27, 2018 Submittal Number: I Orl t haL El ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑x Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay D-strict ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive S`gn Overlay Distnat Address' 1742 Memorial Avenue, SW, 0 Denniston Avenue, SW (Portion), 1810 Denniston Avenue, SW (Portion) Official Tax No(s).: IN 1330401 *MOM# N1330631 (Portion), # 1330606 (Porn nn) Existing ❑ W:thoutCondtions Ordinance Zoning. RM -2 (Residential Mixed Density) With Conditions No(s). (If ❑ Planned Unit Development applicable). j Requested ❑ Without Conditions Proposed Zoning' Institutional Planned Development (INPU ❑ W.t" Conditions Land Use. Fire Station ❑x Planned Unit Development Name: iFrancis JAPrlmrose Eastburn ( Phone Number 342 -8063 Address' 1810 Denniston Avenue, SW t E-mal: halkuneiE msn.com Name: Robert S. Cowell, Jr., City Manager Phone Number. 853 -2333 Address: 215 C nu to 364, Roanoke, VA 24011 E -mail: Frobert.cowell@roanokeva.gog Name: Charles M. Anderson, Arcitect 11, Project Manager Phone Number: 853 -1007 Address: 21 rch Aven e, SW, Suite 350, Roanoke, V 24011 E-mail charles.anderson@roanokeva The Ti�owing must 6e s�inmltedOr alf eppcatioria rK Completed application form and checklist. (X Written narrative explaining the reason for the request. rg Metes and bounds description, if applicable. V Filing fee, 'For a;reto4' not ofherwisse!#sted, th9 T61-1 twlpg,muitalso be submitted r Concept plan meeting the Application Requirements of item'2(c)' In Zoning Amendment Procedures, For a rcondit16Nff nezartijfie fd-& ing must also be sAmitted: ' r' Written proffers, See the City's Guide to Proffered Conditions, Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' If proffered. 'for a p";U" opmenk life Mb*g must alsobe submillied F Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordnance. Fora aontprehs�ive signeover ay dlstrlot `iheJ*o ing must be submitted: r Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an 4 nieridment,o pr'bffered condldons, fhe %ifow gFmust also be submitted: r Amended development or concept plan meeting the Application Requirements of item 2(c)' in Zoning Amendment Procedures, if applicable. r Whiten proffers to be amended, See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance, Fora planned un(t devetop*nt amendment, the ciliowing mueta eo be submitted- r- Amended development plan meeting the requirements of Section 36.2 -326 of the City's zoning Ordinance. F Copy of previously adopted Ordinance. For a com re tensImaign overlay i'tmendment, ire Wowing musf silo be submitted I— Amended comprehensive signage plan meeting the requirements of Section 36,2- 336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. For a, pr , posdiMt requires a traffic impact study be sutmdtted to the City, the following must also be sirbrrtitted F- A Traffic Impact Study In compliance with Appendix B -2(e) of the City's Zoning Ordinance. 'For a propoiii that requires a traf lc impact analysis be submitted to VD0T, the ioilwng must also be submitted, r Cover sheet. r Traffic impact analysis. r Concept plan, r Proffered conditions, if applicable. r' Required fee. 'An electmn, c copy of this application and checklist can be found at www. manokeva ,gov /planningcommission. A complete packet must be submitted each 6me an application is amended, unless otherwise specified by staff. Zoning Amendment Request November 26, 2018 Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 NARRATIVE TO ACCOMPANY ZONING AMENDMENT APPLICATION Roanoke City Council has authorized the Roanoke Fire -EMS Department and other City staff to move ahead with the demolition and construction of a replacement to Fire Station No. 7 located at 1742 Memorial Avenue, SW. The site of the current station is not large enough to accommodate the new station and additional property must be acquired. In addition, retaining the station at the current location will necessitate the closing of one block of Denniston Avenue and the widening of Our Street. Taken together all of this will require the project site to be rezoned because the larger site will overlay three different zoning districts –CN (Commercial - Neighborhood), RM -1 (Residential Mixed Density), and RM-2 (Residential Mixed Density). As such the City desires to rezone the three districts Into a single (Institutional Planned Unit Development (INPUD) district. The enlarged site acquired for the new station can be seen on the plat attached to this application. This application is being submitted in support of council's directive. The new station will replace an existing station which provides only 4,800 square feet of gross space on two floors and a partial basement with a new two -story building that will provide nearly 15,700 square feet of gross floor space. The existing facility occupies a site having containing only 0.32 acre located at the intersection of Memorial Avenue and Denniston Avenue, SW, but the City has purchased a tract encompassing nearly 1.77 acres that will allow the larger station to be built at the same location. The site falls within the planning guidelines of the Greater Raleigh Court Neighborhood Plan, adopted by City Council on May 21, 2007. Background: The Existing Fire Station Fire Station No. 7, located at 1742 Memorial Avenue, SW, was constructed in 1922 and opened on December 13th of that year. At the time the station was built, it housed only one fire engine. In 1950, sensing the need to improve fire protection In the Raleigh Court neighborhood, the City made the decision to construct a second apparatus bay onto the station; the additional bay would house a ladder company. According to records, the firemen assigned to the station did much of the work required to build the second bay. Station 7 Is one of the smaller fire stations in the City. Studies that looked at response times from various locations were performed by Fire Department staff and those studies confirmed that constructing a new fire station at the existing location is the best option. Locations further east would add response time to the station's coverage area to the south and west, and there are no developable sites available further west. The current station occupies a two -story building that sits on a triangular site bounded by Memorial Avenue to the north, Denniston Avenue to the southwest, and Our Street to the east. Denniston Avenue intersects and crosses Memorial Avenue on a diagonal to the northwest; Our Street is a narrow street one block in length, but it does offer a perpendicular Intersection with Memorial Avenue. The building houses two bays for fire apparatus —one bay for a ladder truck, the second now used for an emergency medical services (EMS) vehicle. Ingress to and egress from both bays occurs via Denniston Avenue. The bays are too small to adequately accommodate modem fire- fighting apparatus along with the equipment to properly support those vehicles. Page 11 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 As mentioned, the present site covers approximately 0.32 acre. Apart from the temporary use of the apron areas along the east side of the building, there is no parking specifically available onsite for either staff or for visitors. The existing building contains a partial basement and two full floors which provide approximately 4,800 gross square feet of floor space for the station. The first floor houses the two fire apparatus bays and a small office for the station captain. Living spaces to include a kitchen, day room, and staff sleeping quarters are located on the second floor above the apparatus bay. That floor also houses a single restroom and shower facilities. There is no separate sleeping or restroom facilities for males and female fire fighters. And, given its age and limitations of structure, the current building is not accessible to the physically disabled. The building Is constructed using exterior masonry bearing walls (uninsulated) with concrete - framed floor slabs, brick veneer exterior with a hip roof, and wood - framed partitions and plaster walls, and plaster ceilings. The brickwork incorporates a number of ornamental details that heighten interest to the overall architectural appearance of the building. DESCRIPTION OF PROPOSED USE AND DEVELOPMENT OF THE PROPERTY tnformaffon Specific to the Proposed Fire Station The proposed replacement station will provide 9,525 square feet of floor space on the 1 st Floor and 6,144 square feet on the 2nd floor; the total gross floor area of the new building will be 15,669 square feet. The new building will have an overall height of approximately 40 -feet to the peak of the highest roof. The front "wing" placed at Memorial Avenue primarily houses the apparatus bays where the fire fighting vehicles are secured and maintained in a state of readiness; the rear wing, which runs perpendicular to the front wing, house the operations and living areas of the replacement station. This arrangement allows ready access to streets for the departure and return of fire vehicles, yet especially keeps the housing areas to the rear of the building where there is less noise from the streets. In addition to providing bays to house fire- fighting vehicles (apparatus) along with moms/spaces to support those vehicles, the building's 1 st floor a public lobby, admin areas, community /day /training room, and living spaces such as kitchen, dining and fitness rooms for fire personnel. The 2nd floor will contain the housing areas for firefighters and officers, along with locker room, showers and a laundry facility. The following specific building Improvements are envisioned: • A more prominent building entrance will be designed into the north facing fa;ade of the new building, near the juncture of the wing housing the apparatus bays and the rear wing which houses the operations and living areas. The public entrance will occur and be observed by the Captain's Office. Page 12 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 • Three 16' -8" wide by 60' -0" long bays designed to accommodate modem day fire apparatus to include an engine, ladder truck and EMS vehicles; total floor area actually allocated to the three bays is approximately 3,645 square feet • Office space to include captain's office and alarm room. • Staff living facilities include an officer's dormitory room with ensuite bathroom, nine dormitory rooms for firefighters, shower and locker rooms, laundry for staff, kitchen and dining area, fitness room, and day /training room. The day /training room can also be used as a community room by neighborhood organizations and business groups. • Support rooms /spaces will include Decontamination facilities to include a decon room, two restrooms and a laundry are being provided along a room to house tum -out gear (TOG) and a room to serve as a central repair space for TOG from all stations; an all- purpose shop; and several roomsiareas for storage. • A porch along the Memorial Avenue side of the building that replicates a similar space found In virtually the same place on the same comer on the existing building. • A partially recessed patio space located at the southwest comer of the building, a space that can be used by staff for outdoor cooking and general relaxation. The New Station: Green, Sustainable and Energy Efficient The building is being designed with sustainability in mind. Materials that wear well and are long lasting, that require minimal maintenance, will be used throughout the building. The building will incorporate labeled energy- saving products / equipment prescribed under the "Energy Star" Program. In addition, it is being designed to meet that standards established under the Virginia Energy Conservation and Environmental Standards (VEES) and by reference Chapters 2 -12 of the 2012 International Green Construction Code. As such, the south -facing section of the building's roof will receive an array of 23- Photovoltaic (PV) solar collector panels which will provide about 700 sq. ft. of collector area and produce approximately 3% of the electrical power consumed by the building (approximately 10% of the actual electrical load). Efforts are also being made that will allow the station to be connected to the new fiber ring installed by the Roanoke Valley Broadband Authority. The fiber has been installed along Memorial Avenue which should allow easy connectivity to the new station and thus improve communication and data transmission and reception. Proposed Site Improvements Public Streets The site plan proposed for the project calls one block of Denniston Avenue to be closed and vacated; that one block would be completely demolished and removed from its intersection with Memorial Avenue to a point approximately 50 -feet beyond its intersection with Our Street. The total extent of demolition and removal is about 354 -feet as measured along the centerline of the street. With regard to Our Street, the full length of that street, approximately 275 -feet, will be widened from a present roadway section of 264eet to a new width of 32 -feet. The increased width would include two drive lanes, a lane for parking and a strip for plantings and utilities along the west side of the street. The plating /utility strip and sidewalk along the east side would remain. The work associated with closing Denniston Avenue and widening Our Street will necessitate Page 13 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 relocating a 10" sanitary sewer, relocating one fire hydrant, along with other utilities that may be within Denniston Avenue. Qemollfion Work: The work required under this project calls for the existing building to be completely demolished along with all existing other on -site improvements to include the existing concrete entrance drives and aprons; existing underground fuel tank; and other incidental items like the front sidewalk, low -grade retaining wall and utility services. One other site - related matter, the existing sculpture (titled "Trojan Dog "; Ann Glover, Artist) has already been disassembled and removed from the site. It has been stored and will be refurbished until after construction of the new station is complete. The sculpture will then be returned and reinstalled on a new pad built as part of the project. Retaining Walls: The grading scheme proposed for the moderately sloped site will require a new retaining wall along the southwestern perimeter of the segmented parking lot. The wall is estimated to be 200 -feet in length and slope generally from an "at grade" (0 -foot) height at each end to a height of about 19 -feet at the southwest comer. Storm Drainage System: The grading for the proposed project will result In the run -off from the bay aprons being directed towards the entrances at each of Our Street and Memorial Avenue. Curb inlets will be installed at each entrance as well as at the lower comer of the parking lot and along the adjoining curbline. entrance to to capture the nun -off. Parking areas and travel paths will in general be sloped from a high -point near the intersection with Our Street to the northwest corner of the site near or adjacent the Village Grille property. These systems will be connected to the existing storm drainage system adjacent thereto. Other site improvements. Other site improvements and/or amenities envisioned as part of the project include: • Parking in three adjoining lots providing a total of 23 spaces for staff (employees), an allowance for shift changes and visits from other service providers attending meetings and training sessions. One space will be reserved for the physically disabled. (See more detailed discussion with calculations which follow.) • A gas -fired standby generator designed to operate the entire station. Generator will be screened from view with a 10 -foot high mostly opaque fence constructed of PVC material. • A concrete masonry wall that retains the steeply sloped hillside and allows for construction of the larger portion of parking. • The site will be landscaped in a manner consistent with the standards established by the City's Planning Department. Sideway pathways will be retained along Memorial and what Is currently Our Street. Anew walk will be added along the west side of Our Street extending from Memorial Avenue up the hillside to terminate and align with an existing walk located on the east side of Denniston Avenue. Legal (Metes and Bounds) Description prepared for the for New Site for Fire Station No. 7 Beginning at Corner A, said point being the northeasterly comer of new Lot 6A and the southerly right -of -way line of Memorial Avenue SW; thence with the southerly right- of-way line of Memorial Avenue SW N 730 28' 40" E 197.51 feet to Comer B; thence leaving the aforesaid right -of -way and with a new right -of -way line for Our Street SW through the property of the City Page 14 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 of Roanoke S 16' 31'200 E 238.49 feet to Corner E, a point in the westerly right -of -way line of Dennislon Avenue SW; thence with the vacated portion of Denniston Avenue SW right- of-way line N 61' 04' 53" W 34.00 feet to Comer F; thence leaving the vacated portion of the aforesaid right -of -way and with the new lot 13A -1 S 73' 33'52" W 49.44 feet to Comer G; thence S 16' 26'08" E 42.84 feet to a found iron rod at Comer 16; thence S 83' 19'52"W passing an iron rod at 86.91 feet in all 192.71 feet to a found iron rod at Comer 17; thence S 08' 56'04" E 170.67 feet to a found iron rod at Corner 18, a point in the northerly right -of -way line of twelve foot alley way; thence with the aforesaid alley way, the following two (2) courses: S 83' 26'56" W 160.96 feet to an iron rod set at Comer 19; thence N 83' 01'41" W 44.13 feet to a found 1" pinch pipe at comer 20; thence leaving the aforesaid alley way N 01' 11' 57" E 208.42 to a found 'A" pipe at Comer H; thence with new lot 6A the following five (5) courses: N 84' 45' 21" E 9.53 feet to iron rod set at Comer I; thence N 46' 18'29" E 76.34 feet to an iron rod set at Comer J: thence N 73' 23' 00" E 126.00 feet to an iron rod set at Corner K; thence N 12' 28' 35" E 23.26 feet to a found iron rod at Comer 5; thence N 28" 31' 11" E 47.15 feet to iron rod found at corner 4, in the vacated portion of Denniston Avenue SW; thence N 61' 04'53"W 34.32 feet to Comer N; thence N 16' 31'20" W 37.92 feet to the point of beginning and being Lot 15A containing 2.2886 acres, as shown on "plat showing right -of -way vacation, right -of -way dedication, re- subdivision and combination for the City of Roanoke," prepared by Mattem and Craig, dated November 14, 2018 as recorded in instrument number Development of Parking. Both Required and Provided Parking for the proposed Fire Station is based on the number of staff (employees) on -duty at a given time, plus an allowance for shift changes and visits from other service providers attending meetings and training sessions. Based on discussions held during the programing stage of the project, the Fire Chief and staff familiar with fire station operations indicated that the maximum number of staff on -duty at a given time is 10. During shift change It Is customary to have the full staff from each shift present. This scenario would result in as many as 20 employees / staff using the parking lot at the same time. Please note that the facility as designed will include a maximum of 30 beds split among 10 separate rooms. A review of the City Code, Chapter 35.2 - Zoning, Article 6 - Development Standards, Division 5. - Parking and Loading, Table 652 -2. Required Parking Spaces indicates that for a similar use the minimum parking required is: • Use: Public, Institutional or Community Facilities / Fire, police, or emergency services • Minimum Number of Parking Spaces Required: 1 Space for each 500 SF (Net) • Maximum Parking: No Based on this stated criteria, the minimum number of parking spaces is derived as follows: • Building Area: • Level 1 Net (excluding bays) = 4,892 SF • Level 2 Net = 5,275 SF • Total = 10,167 SF. • Minimum Number of Spaces Required: 10,167 SF 1500 = 20.33 or 21 parking spaces • Standard Parking Spaces = 22 spaces • Accessible Parking Spaces (VAN) = 1 space • Total provided = 23 spaces Page 15 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 Conctugion: The parking provided meets the basic criteria established in the City's zoning ordinance and It meets general guidelines developed by the Roanoke Fire -EMS Department. JUSTIFICATION FOR THE CHANGE The Roanoke Fire -EMS Department places a lot of emphasis on the ability of the department to respond to emergency calls as promptly as possible. That objective is referred to as "response time. When one considers the placement of Fire Station 7 and the area protected by the station, and then examines the placement of nearby stations such as Station 1 (downtown), Station 4 Peters Creek Road near Brandon Avenue), Station 5 (Orange Avenue), and Station 8 (South Roanoke), you'll see that Station 7 sits central to those four stations. And, this analysis does not take into consideration the impact of streets, traffic, and signal systems. If the station were moved further west (toward Raleigh Court/Grandin Road Extension) would be very expensive to purchase. If the station were moved further into the city to the east (toward the Patterson Avenue -13th Street intersection), that move would push the station further away from its primary area of coverage. Therefore, in considering all of these factors the location of the current station seems Ideal and the cost to relocate would unnecessarily Increase the overall budget. So, In addition to being ideally located with the Greater Raleigh Court area, Fire Station 7 fits well in within the network of stations in the city; it supports the Grandin Road and Greater Raleigh Court areas but also the area to the south and west, to include the area fed by Apperson and Lee Highway, and east to the area around 13th Street and Patterson, and even downtown if needed, The existing station has been in use for nearly 100 years and as such has come to the and of Its useful life —the building needs to be replaced. The building was built in 1922 and is woefully Inadequate. Fire Department staff has made commendable efforts to sustain the building and its facilities for many years. Deficiencies include the following: • The two apparatus bays are small; the newer of the two bays is barely large enough to handle the ladder truck it houses, yet alone support that vehicle and the firefighters it transports. • There are two dorm areas, one for officers and one for firefighters, the latter Is small and cramped. • Restroom and shower facilities are insufficient; anyone using the toilets must step up onto an elevated platform that was added to accommodate the plumbing because there Is not enough height between the 2nd and 1st floors to accommodate the waste piping. • The kitchen and dining areas are overly inadequate; there are steps/thresholds in the flooring at the upper level which could lead to falls. • There is good reason to question the structural integrity of the concrete floor slab at the 1 st floor. The list can go on. Earlier this year (2018) the City examined the possibility of renovating and expanding the existing building but that option was found to be problematic and costly. City Council has authorized the construction of a replacement station on the current site. Page 16 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 In order to accomplish the goal of replacing the existing Fire Station 7 with a new and more modem facility, the City needs to rezone the current site along with portions of adjoining properties from CN (Commercial- Neighborhood), RM -1 (Residential Mixed Density), and RM -2 (Residential Mixed Density) to an INPUD (Institutional Planned Unit Development). The property needed For construction of the new station can be seen on the plat attached to this application. Purchase of Additional Property The new station will be constructed in essentially the same location currently occupied by the existing building, but having a much larger footprint. Because the new station is much larger, and because the Fire Department desires that the station incorporate a drive -thru design for fire apparatus and have adequate on -site parking for staff and visitors, it will be necessary to close a portion of Denniston Avenue and widen Our Street. And, to accommodate the larger station and the associated parking needs, the City will need to acquire additional property. Given the restricted limitation imposed by the size of the existing site, only 0.32 acre, the City has purchased a tract of land to the southwest and directly across Denniston Avenue from the current site (Tax Number 1330606; Legal description: Tract A, PT Block 3, William Claytor). The land being purchased covers nearly 1.77 acres but more importantly allows 143 -ft. of street frontage along Denniston. Not only will this land permit the siting of a much larger fire station, it will allow the parking of Fire Department and personnel vehicles on site, something that is greatly limited at the current facility. Coupled with the purchase of the parcel to the southwest, the City is in the process of purchasing a small triangular - shaped portion from a larger residential lot that abuts the land described above. This smaller lot (0.028 acre) will be carved out of the larger existing lot (Tax Number 1330631; Legal description: Lot 13A, Block 3, William Clayton). In addition to the need to outright purchase land to construct and expand the station the City is also pursuing the purchase of parcels associated with the vacation of Denniston Avenue. Street Vacation The closure of a one -block portion of Denniston Avenue will necessitate the division of that one block into equal halves and those halves will then be split among the property owners that adjoin that portion of the street. In this case, there are three property owners that will (with city council approval) receive property vacated by the closure: the City of Roanoke (Tax Map No. 1330401), Oak Tree Ventures LLC (Tax Map No. 1330605) and Francis J. and Primrose Eastbum (Tax Map No. 1330631). However, in order to proceed with the project the City must obtain the two parcels that will not be conveyed to it as part of the vacation process. The process to vacate the street is being pursued simultaneously with the request to rezone the property needed to construct the replacement station. The City has worked out agreements with the two parties to whom the property will be conveyed to secure those two parcels (i.e. Oak Tree Ventures LLC and Francis J. and Primrose Eastbum)— assuming that city council approves the request to vacate the one block portion of Denniston. The City will purchase the parcel to be conveyed to the Eastbum's and it will obtain ownership of the vacated portion of Denniston conveyed to Oak Tree Ventures in exchange for Page 17 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 installing four parking spaces, constructing a small concrete walk, and relocating an existing sign, all impacted because of a curb -cut entrance needed for the new fire station. EFFECT OF THE PROPOSED AMENDMENT ON THE SURROUNDING NEIGHBORHOOD (E.G. TRAFFIC GENERATION) Community Benefits Sgeciflc Benefits: Fire Stations tend to be places where people are readily and warmly welcomed to enter and the proposed station will be no exception. A public lobby has been planned where visitors can enter the building and engage with fire personnel, staff who can answer questions and guide them in touring the station. A porch is being incorporated into the building at the northwest comer of the building, directly adjacent to the walk along Memorial Avenue. In addition to invoking the sentiment and feel of the porch it replaces, the new porch will offer a drinking fountain with a bottle filling station for the use of runners, bikers and walkers who use the walks and bike lanes as connections to the region's greenway system, the closest such connection being only one -half mile to the east along Memorial Avenue. Although the City offers a large community meeting room in the Raleigh Court Library, and a number of churches offer similar meeting rooms in their buildings, the training room in the new station is also being designed as a meeting place for those in the community who are in need of such a space. Broad -based Benefits The following is a list of broad -based benefits the project will bring to the community and the City as a whole: • The replacement fire station Is positioned as a major asset to the neighborhood, one intended to improve the ability of firefighters to protect persons and property located in the Greater Raleigh Court and Grandin Road community. • The project accommodates access to public transit with buses traversing both Memorial Avenue and Our Street. • Pedestrian access has been maintained and even enhanced through retaining and building new sidewalks, cross walks, and bike lanes. • Architecturally, the new building is designed to reflect the character and history of the long - established neighborhood. • In addition to endorsing the recommendations made by many citizens in the neighborhood (see section on "Architectural Character..." elsewhere in this narrative) that materials be esthetically pleasing and blend with those used throughout the neighborhood, they have been selected to be durable and long lasting. • Windows are utilized to promote transparency from without and views from within the station. • Parking for staff and visitors has been placed to the west side and at the rear of the building to minimize visual impact from both Memorial Avenue and Our Street. Community Mee : Over the past year Fire Department staff has met with several neighborhood organizations to discuss the project and receive feedback from those who attended those sessions. The neighborhood organizations have included the Greater Raleigh Court Civic League, Grandin Road Civic League and Mountain View Terrace. In addition FD staff met with the president of the Wasena Civic League to provide an update on the project. Page 18 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 Implications for TrafTrc: Discussions with the City's Transportation Division, and more specifically with the Manager and Traffic Engineer, indicated that given the lower than required traffic counts for Memorial Avenue and surrounding streets, a traffic impact analysisistudy was not needed for the replacement station. However, because the new station is really replacing an existing station with little change in occupancy and use, the new facility will have very little Impact on traffic in the neighborhood. As part of the new development, concrete entrances (oversized both in width and in thickness to accommodate the larger fire apparatus that will use the station) will be provided at three locations around the site, one from Memorial and two from Our Street. These entrances will not only serve the fire apparatus but also privately owned vehicles and those operated by visitors to the station. Architectural Character of the Exterior of the Replacement Station During the programming and conceptual design phase of the project the design architect received a good deal of input regarding architectural features deemed to be important to the neighborhood and to citizens throughout the City. A number of these features are found in the existing building. The list includes the following characteristics: • Residential character • Red brick • Domestic - scaled windows • Arched fenestrations (openings) • Exterior porch(es) • Hip roof • Large overhangs along the eaves The project architect (SFCS Architects, Roanoke) has made a commendable effort to incorporate many of these elements and features into the new building to include the provision of an open porch at the northwest corner of the apparatus bay, the use of segmental arches over the openings to the apparatus bays, domestic- scaled windows, ornamental detailing of brickwork, use of concrete keystones and springers, and hip roofs and large overhangs along the eaves. Such features and details can be seen in the drawings of the building elevations found at the end of this narrative. AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES IN THE GENERAL AREA AND IN THE CITY There are to the knowledge of the applicant no other properties that are similarly zoned In the area immediate to Fire Station No. 7. Given the purpose and function of the proposed station, site too distant from the present location are simply unacceptable to consider. Page 19 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN AND THE APPLICABLE NEIGHBORHOOD PLAN As detailed hereinafter this project supports and Is consistent with City Council's Vision Statement and the Fire /EMS Strategic Business Plan, and it satisfies a number of policies, recommendations and actions enumerated in the Vision 2001 -2020 Comprehensive Plan and Greater Raleigh Court Neighborhood Plan. The Project Supports Roanoke City Council's Vision Statement This project supports four of the seven priorities cited under Roanoke City Council's Vision Statement, which states "The City of Roanoke is a safe, caring, and economically vibrant community in which to live, learn, work, play and prosper": Good Government The first of the three priorities is Good Government," this project will help improve the City's ability to "Provide exceptional, yet cost competitive government services that are collaborative, transparent, responsive, and innovative" (Priority 3). The new station should (1) help the Fire Department improve upon the time it takes for staff to respond to emergencies; (2) the new station is innovative in that it will better support staff and house the equipment that is essential to the Department's mission; (3) it will better meet current building codes and be more energy efficlent because it is being designed to meet that standards established under the Virginia Energy Conservation and Environmental Standards (VEES) and by reference Chapters 2 -12 of the 2012 International Green Construction Code. Infrastructure: The second of the three priorities satisfied by this project is Priority 5 which states "Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities." When complete, the new fire station will be a structure that is well- designed and well- built, one that indeed reflects the quality and maintenance features envisioned under Council's 5th Priority." Li Y' City Council's sixth priority states: "Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, work and play." The provision of a modem fire station that replaces an old, well -used and deficient station will improve the City's ability to enhance and enhchen life opportunities for the citizens who call Roanoke their home. Safet . The third of the priorities supported by this project is Priority 7, "Assure community safety and judicial needs are met and promote a safe and desirable region." The new building will certainly enhance the Fire Department's goal to improve its ability to better safeguard and protect the citizens and property of Roanoke City as envisioned under Council's Priority 7. The Project Supports the Rre/EMS Strategic Business Plan One goal cited in the Fire/EMS Strategic Business Plan is that Fire/EMS stations should be outfitted to provide efficient and effective response. One of the intentions behind the planning and design of the replacement to Fire Station No. 7, perhaps the major intention of the project, is this very goal —to provide a MORE efficient and effective response to the citizens served by the station. Page 110 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 The Project Is Consistent with the Vision 2001 -2020 Comprehensive Plan The proposed replacement to Fire Station No. 7 supports a number of policies and actions prescribed in the City's Vision 2001 -2020 Comprehensive Plan, to include the following: • Under Section 3.5, "Public Services. Police, Fire/Ems, Solid Waste Management, Code Enforcement," Policy PS P3, Fire and EMS services, states All areas of the City will have fire and emergency services that are located to provide the most effective and equitable protection." The new station with its improved state -of- the -art facilities will not only enhance response times to Grandin Road and the Greater Raleigh Court area, but to other adjoining neighborhoods that the station is often called to support. • Under that same section, Action item PS A5 states Study and promote regional approaches to providing public safety services that ensure their location and operation provide the most equitable, effective, and efficient service to citizens." Again, the new station will be better equipped to Improve response times to all citizens as may be needed in more critical situations. • Section 4.1, "Design Principles," defines Village Centers in this way: "Roanoke's traditional neighborhoods typically featured small commercial centers that allowed residents to live, work, and shop in a local setting. Village centers are characterized by a mixture of high- density uses, including neighborhood - oriented retail, office, and residential uses. Buildings are typically set close to the street and often adjoin each other; parking is located to the side or rear of principal buildings." Fire Station 7 Is very much a part of Grandin Village, one of the more recognized village centers found in the City, a model of what is desired for this type of development. The station is a favorite place for locals to visit and spend time engaging fire fighters in conversation enjoyed among neighbors. In addition to adhering to these basic design principles, the proposed project is consistent in addressing the principles laid out for streets. The plan developed for the new station calls for narrow travel lanes, on- street parking, a bike lane, planting strips and sidewalks for a refashioned Our Street. • In that same section "Buildings" are described in these ways: • Building location and design should be considered as important elements of the streetscape and should be used to define the street corridor as a public place, especially at major intersections. • Building height and location should create a feeling of enclosure along a street. Residential and commercial buildings should be located very close to streets with low vehicle speeds. • Building fronts and entrances should face a street. • Major streets should terminate with monumental publiclinstitutional buildings, parks, or civic art. In keeping with these recommendations the new station will continue to face both Memorial Avenue and Our Street, it will be moved closer to Memorial, and with a roof height approximately 10 feet above the current building it will better define and enclose the edge of Memorial Avenue. Given its proximity to the street and its increased footprint and height, the new building will indeed present a more monumental feel and presence to those approaching Grandin Village from the east. Page 111 Zoning Amendment Request Replacement of Fire Station No. 7 1742 Memorial Avenue, SW Tax Map No. 1330401 November 26, 2018 The Project is Consist with the Greater Raleigh Court Neighborhood Plan The construction of the new Fire -EMS Station 7 will satisfy a number of recommendations, both policies and actions, as set forth in the Greater Raleigh Court Neighborhood Plan ( GRCNP), dated May 21, 2007, which was prepared for the Greater Raleigh Court Civic League ( GRCCL). In addition to the Raleigh Court area, the GRCCL represents Center Hill, Ghent, Lakewood, Lee -Hy Court, Rosalind Hills, Virginia Heights, and Westhampton. The organization encourages understanding of and participation in city government and over the years has exercised a strong voice in city affairs. Included in the Greater Raleigh Court area is the Grandin Village Business Association which consists of businesses located In the Grandin Village. Recommendations made under the GRCNP include: Community Design: In the "Community Design" section of the Plan those policies that will be adopted within the design of the new station include the following: The facade of the new station will satisfy the policy which recommends that the neighborhood retain its overall traditional character. • The new building will be built near Memorial Avenue thus meeting the recommendation that buildings be oriented close to the street. • Minimal code - compliant lighting will be installed on the site around the building; however, the righting will be kept to a minimal level in keeping with the recommendation that there be no excessive lighting. Transportation: One policy set forth in the "Transportation" section of the Plan states "Streets should be kept at the minimum width necessary to accommodate vehicular traffic, on- street parking, and bicycle accommodations where appropriate." The plan for the new station calls for Our Street to be enlarged and improved; that work will be done in keeping with the recommendations made under this section of the GRCNP. One other policy that will be implemented deals with sidewalks. Action Item T A3 states "Construct sidewalks in locations described in this plan to provide improved connectivity and maintain existing sidewalks." Existing walks will be improved and new sections of walk added per this recommendation. Public Service: Two action items identified under the section on 'Public Service" can be also be mentioned: • First, Action Item PS A6 calls for improvements to be made to Fire Station 7. Such work was to have been implemented in Year 4 of the City's five -year Capital Improvement Program (CIP); those improvements would have been made beginning FY 201D. The current project will finally bring to fruition the initiative to improve the station. • Second, two policies listed under the "Public Service" section, PS Al and PS A2, seek to address storm drainage concerns. In keeping with each of these policies, new curb and gutter will be installed in a manner that maintains and even improves the existing storm water drainage system In the area immediate to the replacement station. Page 112 MW ALL AN BY MW WegNT TO NIT Aur aN We IAIAIER ut a K re Nn[ DAAr v M IArA RANI 16EM NMMD Ir i4A'6a A R 1 t A 1 A 61a{YAE NA NNC Mt d K. BBaFI® ��rK�N�ICC0B0BMpMF�D NiM �C�S Ndflnid KMCIr INMd Kary ANT a1Y dA... M —A a K 1¢>NC DIM91 d K IMO 9Aw MOWN ONOt R 4AI k M N A[ aA1a 4iKRVAE 6 K CF]IT LVF m d NWq[ Illall M P® AD,It nA PAa ?u AM! ad d AMAAAF, MABWA a M /i[ 9fll OYN d MlMA 9Alllt Na4N enllr9 w aNAlC { a W. li. M I; A4 R ! 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ROANOKE FIRE STATION C S -FCSI= �'aww ..s EXMVM EIEVAT06 q? PRIVACY FENCE — � vm ZONING DISTRICT MAP 1742 Memorial Avenue SW, 0 Denniston Avenue SW (portion), and 1810 Denniston Avenue SW (portion) Official Tax Parcels: 1330401, 1330606 (portion), and 1330631 (portion) ®Area to be Rezoned Zoning AD: Airport Dev - CG: Commercial - General - CLS: Commercial -Large Site -�� CN: Commercial - Neighborhood - D: Downtown ® 1 -1: Light Industrial - 1 -2: Heavy Industrial - IN: Institutional .- INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev ® MX: Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single- Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - UR Urban Flex r Conditional Zoning N 0 100 200 Fee +s I— —T i S 6�5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41370- 012219. AN ORDINANCE amending and reordaining Section 36.2 -205, Dimensional regulations; Section 36.2 -311, Use table for residential districts; Section 36.2 -312, Dimensional regulations 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 -328, Dimensional regulations for planned unit development districts; Section 36.2 -530, Certificates of appropriateness; Section 36.2 -642, General landscaping and screening standards; Section 36.2 -644, Overall tree canopy requirements; Section 36.2 -652, Minimum parking; Section 36.2 -654, Parking and Loading Area Standards; Section 36.2 -816, Rules and records; Section 36.2 -826, Rules and records; Section 36.2 -840, Generally; establishment; 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: 1. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: 2019 Zoning Amendments 121 19Ldoc 1 Sec. 36.2 -205. — Dimensional regulations. Table 205 -1. Permitted Yard Encroachments Feature Front Side Rear Yes Yes No 2 Bay windows 2 feet feet Yes Yes Yes 2 2 Chimneys 2 feet feet feet Flagpoles Yes Yes Yes - Yes :7 feet, d f m +"-e Yes Yes Handicap ramps associated with a residential use fFent ef the " &49 9r- 4 10 frAnt line if existiRg fG feet feet ef aR p is nt pFes _ Yes Heating and cooling units or solar panels No 2 Yes feet Yes Yes Overhanging roofs, eaves, gutters, cornices, or awnings Yes 1 2 2 feet foot feet Pergolas, porches, stoops, steps, and stair landings in Yes No No residential districts 10 feet Yes Yes Protective hoods or overhangs over a doorway No 2 2 feet feet 2 2019 Zoning Amendments 121 191.doc Refuse container installation and enclosure in a public park Yes Yes Yes Retaining walls Yes Yes Yes Unenclosed decks, terraces, steps, stoops, or porches of a Yes height not exceeding 4 feet. " Unenclosed" means that the No No 2 feature has no walls or other permanent vertical or feet horizontal enclosures other than a guardrail or balustrade Utility cabinet that is part of a utility distribution or Yes Yes Yes collection system Any distance specified in the "Front ", "Side ", or "Rear" columns indicates the maximum distance the feature may encroach into the required yard. "Yes" means the encroachment is permitted into the specified yard. "No" means the encroachment is not permitted into the specified yard. Table 205 -2. Application of Maximum Front Yard Requirements Proposed Development Addition to an existing principal building or new principal building that does not widen any street - facing fagade. Application of Maximum Yard Requirement Not subject to maximum yard requirement. New principal building where no other Locate at least 680 50% of the new building fa4ade between buildings are located on the site. the maximum and minimum yard lines. Addition to an existing principal building Locate and size any addition so either all the added street - that widens any street - facing facade, facing facade is between the maximum and minimum yard where the existing building conforms to o a lines, or at least 68-� 50% of the resulting total of street-facing the minimum and maximum yard facade is between the maximum and minimum yard line. requirements. Addition to an existing principal building Locate and size any addition so all of the new added street - that widens any street - facing fagade, facing fagade is between the maximum and minimum yard where the existing building does not lines, or at least 68°6 50% of the resulting total of street - facing 3 2019 Zoning Amendments 121 191.doc conform to the minimum or maximum facade is between the maximum yard line and the lot yard requirements. frontage. Locate and size any new building so at least 6806 50% of the New principal building where one or resulting total of street - facing facade is between the more principal buildings exist on the maximum yard line and the lot frontage or, where existing site, and the new building increases the buildings are located beyond the maximum yard line, locate width of street - facing facades. 100% of the new building between the maximum and minimum yard line. Exceptions: 1. The requirement to meet the 60% facade rule for an addition to an existing building shall apply only to one yard of a corner lot or through lot. 2. An addition not exceeding 20% of the existing principal building footprint is not subject to the maximum front yard requirements of this table. Sec. 36.2 -311. - Use table for residential districts. R- ' R- R- R- RM- , RM- ' Supplemental District RA 12 7 5 3 1 j RMF Regulation 2 I Section Residential Uses Dwelling, single - family attached Dwelling, single - family detached Dwelling, two - family Dwelling, multifamily Dwelling, multifamily with 10 or fewer units Dwelling, multifamily with 11 or more units 2019 Zoning Amendments 1 21 191.doc P P S i P 4 P P P P P P P P P P P i S P P P S i P 4 Dwelling, townhouse or rowhouse P S j P P 36.2 -431 { I i a Dwelling, manufactured home P Dwelling, mobile home P f 36.2 -417 i E Accommodations and Group Living Uses I Bed and breakfast P S S S S S S 36.2 -405 Boarding house S Group care facility, congregate home, elderly S S Group care facility, congregate home, not S S otherwise listed Group care facility, group care home S S Group care facility, halfway house S S 1 Group care facility, nursing home S Group care facility, transitional living facility a { Group home P� P P P P P E P Commercial Uses Day care home, adult S S S S S S S l S, Day care home, child P P P P P P i P P Family day home S S S S S S S S Fire, police, or emergency services S S S S S S S Utility Uses and Structures 5 2019 Zoning Amendments 121 191.doc Utility distribution or collection, basic P P P P P P P P Utility distribution or collection, transitional S S S S S S S S Wireless telecommunications facility, small cell P P P P P P P P 36.2 -432 on existing structure i � a Wireless telecommunications facility, not r a S S S S S S S S 36.2 -432 otherwise listed j i Wireless telecommunications I P? i P P P P P P i P 36.2 -432 facility, stealth i Animal and Agricultural Uses Agricultural operations P S S S S- S? S S Animal shelter P � 1 i Botanical garden or arboretum P Community garden P P P P P P P i P 36.2 -407.1 Composting facility S Nursery or greenhouse, P commercial Pet grooming P Kennel, no outdoor pens or runs P Kennel, with outdoor pens or runs S Stable, commercial P 36.2 -428 Wildlife rescue shelter or refuge area P Accessory Uses 0 2019 Zoning Amendments 121 191.doc Accessory uses, not otherwise listed in this table P ', P P i P P P P P 36.2 -403 Accessory apartment S S S S! S 3 3 S P j 36.2 -402 I a Home occupation, excluding i f P P P P P: P P P 36.2 -413 personal service Home occupation, 1 P j P I P P 1 P i P i P P 36.2 -413 personal service 1 E -�- Homestay S S S S S j S I S! S 36.2 -405 Outdoor storage P j I ' I ° 36.2 -423 Stable, private 1 P P I j 36.2 -403 Temporary health care structure P P P P P P i P P 36.2 -403 Wind turbine, commercial S i I 36.2-403 Wind turbine, small S S S S S S x S I S 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. Sec. 36.2 -312. - Dimensional regulations for residential districts. District RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMF Minimum lot area per dwelling unit 43,560 12,000 7,000 5,000 3,000 3,500 2,500 1,000 (square feet) Minimum 43,560 12,000 7,000 5,000 3,000 5,000 5,000 15,000 Lot area (square feet) Maximum None None None None None None None None 7 2019 Zoning Amendments 121 191.doc Minimum 150 70 60 50 30 50 50 100 Lot frontage (feet) Maximum None None None None None None 150 None Minimum 30 20 20 15 15 10 10 10 Front yard (feet) Maximum None None None 40 25 30 30 - Section 36.2 -313 Front yard requirements No No Yes Yes Yes Yes Yes No for infill development apply Side yard minimum depth (feet) 10 5 3 3 3 3 3 15 Rear yard minimum depth (feet) 50 3015 15 15 15 15 15 15 Height maximum (feet) 45 35 35 35 35 35 45 45 Impervious surface area maximum 25 50 50 60 70 60 70 70 (percentage of lot area) No No No Principal structures, maximum number 1 1 1 1 1 limit limit limit Accessory structure minimum setback 5 0 0 0 0 0 0 5 from rear and side lot lines (feet) Minimum parking requirement applies Yes Yes Yes Yes Yes Yes Yes Yes Tree canopy coverage (Minimum percent 20 20 20 20 15 15 10 10 of lot area) Where a maximum lot frontage is specified for a district, such maximum shall apply to only one frontage of a corner lot. 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. 8 2019 Zoning Amendments 121 191.doc Sec. 36.2 -315. - Use table for multiple purpose districts. Supplemental District MX CN CG CLS D IN ROS OF Regulation Section Residential Uses Dwelling, single - family attached P Dwelling, single - family detached P Dwelling, two - family P Dwelling, multifamily 42 R R Dwelling, multifamily with 10 or fewer units P P P P P Dwelling, multifamily with 11 or more units S S P P P Dwelling, townhouse or rowhouse P P P P P Accommodations and Group Living Bed and breakfast S S Campground Dormitory Group care facility, congregate home, elderly Group care facility, nursing home Group home Hotel or motel Short -term rental S S N Is P P P 36.2 -431 36.2 -405 S S 9 2019 Zoning Amendments 121 191.doe P S S P P P P S P P P P S P P P P P 9 2019 Zoning Amendments 121 191.doe 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 Medical clinic P P P P P P Office, general or professional P P P P P P Office, general or professional, large scale P P P P P P Outpatient mental health and substance abuse clinic S Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or P P P P P runs Animal hospital or veterinary clinic, outdoor pens or S S S S S runs Animal shelter S S S S Caterer, commercial P P P P Community market P P P P P P P Drive - through facility S P P S 36.2 -409 I Drive - through kiosk S P P S 36.2 -409 } i 10 2019 Zoning Amendments 121 191.doc Flea market, indoor Flea market, outdoor Funeral home Kennel, no outdoor pens o Kennel, outdoor pens or Live -work unit Mixed -use building Outdoor advertising siE Studio /multimedia productio Comm Bakery, confectionary, or similar food Body piercing establishment Building supplies and materials, retail Car wash, not abutting a residential district Car wash, abutting a residential district Contractor or tradesman's shop, general or special trade Dry cleaning and laundry pick -up station Dry cleaning plant or commercial laundry Gasoline station 2019 Zoning Amendments 1 21 191.doe P P P P P 36.2 -406 S S 36.2 -406 S P P S P P P P P P P S P P S 36.2 -411 General service establishment, not otherwise listed ? P P P P P a Internet sales establishment P p! p ; p P Janitorial services establishment P a i P Laundromat P P P P P Manufactured or mobile home sales P Motor vehicle rental establishment, without inventory P P P P on-site Motor vehicle rental establishment, with inventory on- P P S site Motor vehicle repair or service establishment P P S S 36.2 -419 Motor vehicle sales and service establishment, new P P 36.2 -420 Motor vehicle sales and service establishment, used P P 36.2 -421 Nursery or greenhouse, commercial P P S Personal service establishment, not otherwise listed in P this table P P P P P Pet grooming P P P P P Retail sales establishment, not otherwise listed P P P P P Storage building sales S P Tattoo parlor P P P P P Industrial Uses Bakery, confectionary, or similar food production, j wholesale P 12 2019 Zoning Amendments 121 191.doc Commercial printing establishment i Electrical component assembly, wholesale distribution i Fueling station, commercial or wholesale Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing Manufacturing: General, not otherwise listed in this J table Manufacturing: Steel or metal production, fabricatiuri, I' or processing P1P P xxozur vehicle or trailer painting and b / S S / | Workshop ! S P P P j | ( � -------�-� -�- Warehousing and Distribution Uses Distribution center, not otherwise listed T Self-storage building S S Assembly and Entertainment Uses Adult uses Amphitheater Amusement, commercial, indoor Amusement, commercial, outdoor Botanical garden orarboretum 2019 Zoning Amendments 1 21 191.doc P| P _ P P S S 36.2-418 P | 36.2'433 5 _ P _ P 362~404 13 Club, lodge, civic, or social organization P P P P P P P Community center P _ P _ ._p. P P _...P P P r Eating establishment ` S P P P P......._._._ I P f 1 E � Eating and drinking establishment, not abutting 'a S P P P P P! residential district I i Eating and drinking establishment, abutting a residential district j S S S S is S I Entertainment establishment, abutting a residential S S S S S district i Entertainment establishment, not abutting a S P P PI P residential district jI 9 j - -i-- - - - -- Exhibition, convention, or conference center , P P T. Gaming establishment S S Golf course P 3 Health and fitness center P P P p..__P P Meeting hall, abutting a residential district S S S S S P P S i —4__ Meeting hall, not abutting a residential district S P P P P P P P Microbrewery or microdistillery not abutting a i residential district P P P P? P Microbrewery or microdistillery abutting a residential district S S S S S r i I Park or playground P P P P P P P P a t I Place of worship P p p P P P 2019 Zoning Amendments 121 19 Ldoc 14 Recreation, indoor p' p i p 1 i p ? p 1 1 Recreation, outdoor p 1 p 1 ! p i p a Sports stadium, arena, or coliseum Theater, movie !p or performing arts Zoo P P P P 5 p � F P Public, Institutional, and Community Facilities i 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 S P P P P P P 36.2 -408 Day care home, adult S S S S Day care home, child P P P P Educational facilities, business school or nonindustrial trade school S P P P P P P Educational facilities, college /university P P P P Educational facilities, elementary /middle /secondary P P P P P P Educational facilities, industrial trade school P P P 2019 Zoning Amendments 121 191.doc 15 Educational facilities, school for the arts S t P P P P P P Fire, police, or emergency services J, P P P P P P P Government offices or other government facility, not otherwise listed P P P P P P P Hospital E p Library P P P P P P_;'_ p I 1 Museum P p p p p p T p Post office p p p p p p Supply pantry Training facility for police, fire, or emergency services Transportation Uses Bus passenger terminal or station Limousine service Parking lot facility Parking, off -site Parking structure facility _ Railroad passenger terminal or station Utility Use Broadcasting studio or station Broadcasting tower P P P P P P P S P S P P j S P S l s P S P P S P P P 36.2 -652 I P 36.2 -426 1 Pi I r s I S S! i ' S 36.2 -432 2019 Zoning Amendments 121 19 Hoe 16 Utility distribution or collection, basic Utility distribution or collection, transitional Wireless telecommunications facility, small cell on existing structure Wireless telecommunications facility, stealth Wireless telecommunications facility, not otherwise � Agricultural Uses Agricultural operations Stable, commercial Wildlife rescue shelter or refuge area / S S S.S.S.S|S|S Accessory Uses P | l 36.3'428 � .P - Accesson/use�notmthemviseUs1edinthisTab|e 6.2'403 Accessory apartment 3 / ` 6.2'402 Home occupation, excluding personal service p p P F-- ----- / Home stay Outdoor display area Outdoor recreation facility lighting or sports stadium lighting P 36.2-405 S | S ] S |S 1 S | S 1 | 36.2-403 Outdoor storage � S 6 P S 36.2'423 17 2019 Zoning Amendments 121 19 I.doc 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 S S 36.2 -403 Wind turbine, small S S S S S S S S 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 multiple purpose districts. Sec. 36.2 -316. - Dimensional regulations for multiple purpose districts. MX CN CG CLS D IN ROS OF Minimum lot area per 2,50 residential unit (square 1,000 None None None None None None 0 feet) 5,00 Minimum 5,000 10,000 43,560 None None None None 0 Lot area (square feet) 87,12 130,68 217,80 130,68 Maximum None None None None 0 0 O O Lot frontage Minimum 50 None 100 150 None 100 None None (feet) Maximum None 200 None None None None None 200 Minimum 10 0 0 0 0 20 10 0 Front yard (feet) Maximum 30 10 30 None 10 40 None 10 Section 36.2 -313 Front Yes No No No No No No No 18 2019 Zoning Amendments 121 191.doe yard requirements for infill development applies Section 36.2 -317 Civic No Yes No No Yes Yes No Yes space yard 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 setback from 0 0 0 0 0 0 0 0 rear and side lot lines (feet) 1 foot for 1 foot for 1 foot for each foot each foot each foot ofsetback Property of setback of setback from any abutting a 45 45 45 from any from any 40 abutting 60 residentia abutting abutting residentia district Height residentia residentia I lot, not maximum Hot Hot to exceed (feet) 60 feet Property not abutting a 45 45 None None None 40 60 60 residentia I district Floor area ratio 1.0 5.0 5.0 5.0 15.0 None None None maximum Impervious surface area maximum (percentage of 70 100 85 80 100 80 80 100 lot area) 19 2019 Zoning Amendments 121 191.doc Minimum parking Yes No Yes Yes No Yes No No requirement applies Section 36.2 -318 Pedestrian access Yes Yes Yes Yes Yes Yes No Yes requirement applies Maximum building 15,00 None None None None None None None footprint (square feet) 0 Section 36.2- Ground 15 50* 50* None 50* 15 None 15 319 Building floor placement and fagade transparency standards (minimum Upper 15 20 20 None 20 15 None 15 floors transparency , percent of facade area) Minimum tree canopy 10 0 10 10 0 10 20 0 (percentage of 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). 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. * ** 20 2019 Zoning Amendments 121 19Ldoc See. 36.2-322. - Use table for industrial districts. District Residential Uses Dwelling, single-family detached Dwelling, two family S Dwelling, multifamily S Dwelling, townhouse or rowhouse is Accommodations and Group Living Uses Hotel or motel Commercial Uses: Office and Related Uses Supplementa I- Il- A I 1 12 1 D Regulation I Section S P Business service establishment, not otherwise listed P T— Employment or temporary labor service -T'P Financial institution P P ---- ----- ------ Laboratory, dental, medical, or optical P P P ------ ---- I --------- ---- ------ 1-1 ------- -- Laboratory, testing and research P ---- P P Office, general or professional P Office, general or professional, large scale P P Commercial Uses: Miscellaneous 36.2-431 21 2019 Zoning Amendments 121 19 I.doc Animal hospital or veterinary clinic, no outdoor pens or runs P Animal hospital or veterinary clinic, with outdoor pens or runs S Caterer, commercial P Drive- through facility P Kennel, no outdoor pens or runs P s Kennel, outdoor pens or runs S Live -work unit _ S Mixed -use building ! S 3 Outdoor advertising sign Pet crematorium Pet grooming i Studio /multimedia production facility Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail Building supplies and materials, retail Car wash, not abutting a residential district Car wash, abutting a residential district Commercial motor vehicle rental establishment _ Commercial motor vehicle sales and service establishment, new Commercial motor vehicle sales and service establishment, used 2019 Zoning Amendments 121 191.doc P i P P PI P P f' p P L i--- F P i Pl. 36.2 -409 36.2 -416 36.2 -416 36.2 -675 36.2 -406 36.2 -406 36.2 -407 36.2 -407 22 Contractor or tradesman's shop, general or special trade Dry cleaning and laundry pickup station Dry cleaning plant or commercial laundry Gasoline station General service establishment, not otherwise listed '------ Internet sales establishment Janitorial services establishment Lumberyard p P 36.2-411 Manufactured or mobile home sales Motor vehicle rental establishment, without inventory on-site P P Motor vehicle rental establishment, with inventory on-site P1_ P Motor vehicle repair or service establishment P P1 36.2-419 Nursery or greenhouse, commercial Recreational vehicle or boat sales P Retail sales establishment, not otherwise listed P P Storage building sales P ' IndustriGIUms i ------------ 7 r� � Asphalt or concrete plant / Bakery, confectionary, or similar food production, wholesale Bioso|idsfie|d 23 2019 Zoning Amendments 121 19 I.doc Building supplies and materials, wholesale Commercial printing establishment Composting facility Contractor's shop, heavy construction Dairy products, processing, bottling, and wholesale distribution Electrical component assembly, wholesale distribution i Fuel oil distribution Fueling station, commercial or wholesale Junkyard Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing P P P j P P P �S P P� P Pi i i �. P P P a S P� P P S S 36.2 -414 P P Manufacturing: Chemical, refining or processing, including the manufacture, refining or processing of ammonia, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum, lampblack, S oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast i i Manufacturing: Chemical, refining or processing, not otherwise listed in this P P table Manufacturing: General, not otherwise listed in this table P P P i Manufacturing: Steel or metal production, fabrication, or processing S P P Manufacturing: Wood products P 1 Meat packing and poultry processing S � I Milling or feed and flour mills S S i 24 2019 Zoning Amendments 121 191.doc Motor vehicle or trailer painting and body repair S P 36.2 -418 Outdoor storage lot S S S 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 25 2019 Zoning Amendments 121 19 Ldoc Amusement, commercial, outdoor P Eating establishment P Eating and drinking establishment, abutting a residential district P Pi P t a Eating and drinking establishment, not abutting a residential district P Entertainment establishment, abutting a residential district PT P Entertainment establishment, not abutting a residential district P P Go-cart track TS --- — — - ----- ---------- Health and fitness center 1P P P Microbrewery or microdistillery P P P Paintball facility, outdoor S Park or playground P P P Recreation, indoor Recreation, outdoor P P P Theater, movie or performing arts T_ I_ P P P Public, Institutional, and Community Uses ---------- Artist studio - - ---- ----- P Community garden P P P T 36.2-407.1 Educational facilities, business school or nonindustrial trade school P P Educational facilities, industrial trade school Educational facilities, school for the arts 2019 Zoning Amendments 121 191.doc P P �P P P 26 Fire, police, or emergency services P P Government offices or other government facility, not otherwise listed P P Military reserve or National Guard center P p Post office p p Supply pantry Training facility for police, fire, or emergency services Transportation Uses Airport or airport - related commercial and personal service uses P ----------- i 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 i Parking, off -site P 1 P ; P 36.2 -652 Railroad freight yard, repair shop, and marshalling yard p Taxicab business p -plry p Utility Uses Broadcasting studio or station p Broadcasting tower S S 36.2 -432 Hazardous materials facility S Utility distribution or collection, basic P p p 2019 Zoning Amendments 121 191.doc 27 Utility distribution or collection, transitional � Utility generation or treatment IWI P Utility maintenance and service facility P P Wireless telecommunications facility, small cell on existing structure P P PI 36.2-432 Wireless telecommunications facility, stealth P P P 36.2-432 Wireless telecommunications facility, not otherwise listed Is 36.2-432 � Agricultural Uses Agricultural operations P _ Animal shelter � Accessory Uses - ^ Accessory uses, not ooh listed in this Table Outdoor recreation | | | S 36.2-403 Portable storage container P P 36.2-403 Recycling collection point P 36.2-403 Resident manager apartment Temporary health care structure Wind turbine, commercial Wind turbine, small "P" indicates use permitted as of right. 28 2019 Zoning Amendments 121 19 Ldoc "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. Sec. 36.2 -328. - Dimensional regulations for planned unit development districts. District MXPUD INPUD IPUD Minimum size of district (acres) None None S Specified on the development plan for the Minimum lot area per dwelling unit (square feet) Lot area minimum (square feet) Lot frontage minimum (feet) Front yard minimum (feet) Side yard minimum (feet) Rear yard minimum (feet) Specified on the development plan for the district Height maximum (feet) Usable open space (percentage of lot area) Accessory structure minimum setback from rear and side lot lines (feet) Minimum parking requirement 29 2019 Zoning Amendments 121 191.doc Impervious surface ratio maximum (percentage of lot area) 80 80 80 Minimum tree canopy (percentage of lot area) 15 10 10 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. Sec. 36.2 -530. - Certificates of appropriateness. (c) Procedures. application that adda0 ss0 s tile revvuiendatioi: of the Board filed by the applicant within ninety mm a londa- days (}(4,) Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the Board. The City Council shall schedule the matter for a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition, unless the property owner and the Agent to the Architectural Review Board agree to an extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board. (6)(51 Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection, reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made available to the applicant. (7)(0 In the event City Council denies an appeal of a decision of the Architectural Review Board, the applicant may file an appeal in Circuit Court pursuant to subsection (d), below. 30 2019 Zoning Amendments 121 191.doc Sec. 36.2 -642. - General landscaping and screening standards. (b) Planting materials. Where landscaping is required by this division, the following standards shall apply: _. .. . . (1) Trees used to meet the requirements of this division shall be selected from the current list of landscape trees approved and published by the zoning administrator. Such list shall specify minimum height or minimum caliper at planting, the 20 -year canopy of trees in square feet and the suitability of each species for parking areas, site canopy, or buffer yards. I . , MINE M-1—M. 1-1 .......... a Canopy at ralipe * `�� �n vow, -� �� PI @RtiMg WaRti R'g 20 rears f�h�++ttf-i t�+a+ttttl 3 i 31 2019 Zoning Amendments 121 191.doc Iles epac -39 "1 Pine, Eastern White Pinus stFE)bus 4-77 C—g 44-3 C-1-9 SpFuee, YY--7 �$ LGr-ge Deciduous TFees BeeGh r AmerieaR Pagus 1� C- R rr r R„ +ola R *gFa 2L, 254 P—, C zz 1-7-7 C 1 Elm, I -. h a .I, o s i w � Ginkgo (Male Variety G*Rl(gG bileba (Male V i r i Honey I n u c+ "Sha do store "Shade st&F° i t jj C- 3 a. Nc. r c- i'ap a i rc° sc cc° I�icvca 7e I L...�....�.�v. i Linden, i s I i 1 Unden Little Lea et,, ,,,J .. +� a 3 � �24 � � 3 tt I .,...JeR DI-..,etFe , 24 I I _ 399 3 i I 32 2019 Zoning Amendments 121 19Ldoc Maple, AceF FubF Maple, Sugar Aeersaeeha 2" Oak, CheStRU-t 2i Oak, N9FtheFR Red 2„ OakiP FF� 2 , Oak, -Wi}1- ate 2' Oak, Willow Q .,h.,lt., 2L , i3 i i TuliptFee 24 r 344 344 2-54 22-54 22-54 2-54 22.54 22-54 E �E E �Ll-c C- C- 1-13 44-7 PLI - c- PFURUS YE?E)d L , v,. Flewering Degweed, Flowering Eemes leusa 4-77 3-7-7 R w H.,. bea , ., A e ' r 344 344 2-54 22-54 22-54 2-54 22.54 22-54 E �E E �Ll-c C- C- 1-13 44-7 PLI - c- PFURUS YE?E)d L , Eemes leusa 4-77 3-7-7 R 4-3 E X4 lr 1-7-7 C- 2019 Zoning Amendments 121 191.doc 33 Sec. 36.2 -644. Overall tree canopy requirements. P E C 6 E E (a) Definition of tree canopy. For purposes of this section, "tree canopy" shall include all areas of coverage by existing plant materials exceeding five (5) feet in height, and the extent of planted tree canopy at maturity shall be based on the "canopy at 20 years" as set forth in Table 6^�the current list of landscaae trees referenced above in Sec. 36.2- 642(b)(1). WheFe aR ,� 34 2019 Zoning Amendments 121 191.doc Sec. 36.2 -652. - Minimum parking. (c) Reduction for proximity to public transit. Where a ^^^Y^riddeenti -use is located within one thousand two hundred (1,200) feet of a public transit route, the total number of required off - street parking spaces, unassigned to specific persons, may be reduced to eighty (80) percent of that otherwise required as set forth in Table 652 -2. Table 652 -2. Required Parking Spaces Use Minimum Number of Parking Spaces Required Maximum Calculated as 1 Space for Each Specified Unit Parking Accessory Uses Accessory uses None N Dwelling, single - family attached Dwelling, single - family detached Dwelling, two - family Dwelling, multifamily, elderly (intended and designed exclusively to house the elderly) Dwelling, multifamily, other than elderly Dwelling Townhouse or row house 2019 Zoning Amendments 1 21 191_doc Residential Uses 1,5 0.6 dwelling unit N None N 1.50_6 dwelling unit N 0-.-7-51_3dwelling unit N N 1.5 0_6 dwelling unit N 1:5 0.6 dwelling unit N 35 N Dwelling, manufactured home Not applicable > Dwelling, mobile home N Accommodations and Group Living Bed and breakfast Guest bedroom, plus 2 spaces Boarding house i Dormitory s Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed in this table i 3 Group care facility, group care home 3 rooms or dwelling units Group care facility, halfway house Group care facility, nursing home Group care facility, transitional living facility Group home, subject to Section 15.2 -2291, Code of Virginia N N N N N 1 Room; add spaces for meeting or restaurant Hotel or motel Y area as additional principal uses. Commercial Uses: Office and Related Uses Blood bank or plasma center y Business service establishment, not 300 sf net floor area otherwise listed in this table y 36 2019 Zoning Amendments 121 19 Ldoc Employment or temporary labor service Financial institution Laboratory, dental, medical, or optical Laboratory, testing and research Medical clinic Office, general or professional Outpatient mental health and substance abuse clinic 1,000 sf net floor area 300 sf net floor area Commercial Uses: Miscellaneous Animal hospital or veterinary clinic Caterer, commercial Community market Drive - through facility Drive - through kiosk Flea market Funeral home Kennel Live -work unit Mixed -use building Outdoor advertising sign 500 sf net floor area Not applicable Y Y N N Y Y Y Y Y Y Y Y 500 sf of indoor or outdoor display area Y 4 seats in largest chapel or viewing room Y 1,000 sf net floor area Y 1.5 dwelling unit Y Subject to the requirements of the uses in the Y building None N 37 2019 Zoning Amendments 121 191.doc Pet crematorium 1,000 sf net floor area Studio /multimedia production facility 500 sf net floor area Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail Body piercing establishment Building supplies and materials, retail Business service establishment, not otherwise listed in this table Car wash Commercial motor vehicle rental establishment Commercial motor vehicle sales and service establishment, new or used Contractor or tradesman's shop, general or special trade Dry cleaning and laundry pickup station Dry cleaning plant or commercial laundry Gasoline station General service establishment, not otherwise listed in this table Janitorial services establishment Laundromat Lumberyard 300 sf net floor area Y Y Y Y Y Y 1.5 self - service bay Y 0.25 automated service bay 1,000 sf net floor area N 5,000 sf of lot area Y 600 sf net floor area Y 250 sf net floor area Y 500 sf net floor area Y None Y Y 350 sf net floor area Y Y 1,000 sf net floor area Y 2019 Zoning Amendments 121 191.doc 38 Manufactured or mobile home sales Motor vehicle rental establishment Motor vehicle repair or service establishment Motor vehicle sales and service establishment, new or used 500 sf of sales and service building 1,000 sf net floor area 1.5 service bay 750 sf net floor area lk Y Y 1,000 sf of indoor floor sales area plus 1 space Nursery or greenhouse, commercial for every 1,000 sf of greenhouse or net outdoor N sales and customer display area Personal service establishment, not otherwise listed in this table Pet grooming Recreational vehicle or boat sales Retail sales establishment —Large appliances, furniture, household fixtures, swimming pools, hot tubs, spas Retail sales establishment, not otherwise listed in this table Storage building sales Tattoo parlor All industrial uses 300 sf net floor area 500 sf net floor area 1,000 sf net floor area 1,000 sf of retail showroom area 250 sf of retail area 500 sf of sales building 300 sf net floor area Industrial 1,000 sf up to 10,000 sf of building area, then 1 space for every 2,000 sf of remaining building area Warehousing and Storage v Y Y N Y Y Y W 39 2019 Zoning Amendments 121 191.doc Distribution center, not otherwise listed in 5,000 sf up to 50,000 sf of building area, then 1 this table space for every 10,000 sf of remaining building area Mini - warehouse Storage of commercial motor vehicles Not Applicable Storage of motor vehicles for rental (no on -site rental or leasing facility) Tank farm, petroleum bulk station and 1,000 sf up to 10,000 sf of building area, then 1 terminal, or other aboveground storage of i flammable liquids space for every 2,000 of remaining building area � 5,000 sf up to 50,000 sf of building area, then 1 Warehouse space for every 10,000 sf of remaining building area Assembly and Entertainment Adult uses 500 sf building area Amphitheater Amusement, commercial, indoor Amusement, commercial, outdoor Botanical garden or arboretum Club, lodge, civic, social, or fraternal organization Community center Eating establishment Eating and drinking establishment Entertainment establishment Exhibition, convention, or conference 2019 Zoning Amendments 121 19Ldoc 6 seats or 600 sf of total assem whichever is greater 250 sf net floor area N 5N N N 1,000 sf of activity area Not applicable 300 sf of net floor area 100 sf net floor area 8 persons of maximum load occupancy y y y N N y 40 center Gaming establishment 250 sf net floor area Go -cart track 1,000 sf of activity area Golf course 0.5 holes Health and fitness center 5 persons of maximum load occupancy 3 Meeting hall 5 persons of maximum load occupancy Paint ball facility, outdoor 2,000 sf of activity area Park or playground, not otherwise listed in None this table Place of worship Recreation, indoor — Bowling alley Recreation, indoor —Ice skating or roller skating rink Recreation, indoor or outdoor — Basketball courts Recreation, indoor or outdoor — Batting cages Recreation, indoor or outdoor — Skateboarding course Recreation, indoor or outdoor — Swimming pools 4 seats or per 6 linear feet of bench seating in the portion of the building to be used for services or the largest assembly room, whichever is greater 0.5 lane 200 sf of skating area 0.5 court 0.5 cage 500 sf of skating area 75 sf of water area N Y Y Y Y Y N Y Y Y Y u Y 41 2019 Zoning Amendments 121 191.doc Recreation, indoor or outdoor — Tennis or 0.75 court Y other racquet courts Recreation, outdoor — Athletic fields 2,000 sf field area Y Recreation, outdoor —Golf driving ranges 0.75 tee Y Recreation, indoor, not otherwise listed in 500 sf of activity area Y this table Recreation, outdoor, not otherwise listed 1,000 sf of activity area Y in this table Sports stadium, arena, or coliseum 5 seats Y Theater, movie or performing arts 5 seats N Zoo 2,500 sf of display area Y Public, Institutional or Community Facilities Aquarium or planetarium 2,000 sf net floor area Y Artist studio 1,000 sf net floor area Y Cemetery None N Community food operation 1,000 sf net floor area N Community garden None Day care center, adult 8 persons as permitted by max occupancy Y Day care center, child 8 children as permitted by max occupancy Y Day care home, child Not applicable N Educational facilities, business school or 4 students Y nonindustrial school 42 2019 Zoning Amendments 121 19 Ldoc Educational facilities, college /university Educational facilities, elementary Educational facilities, middle Educational facilities, secondary Educational facilities, industrial trade school Educational facilities, school for the arts Fire, police, or emergency services Government facility —Jail Government offices or other government facility, not otherwise listed in this Table Hospital Library Military Reserve or National Guard Center Museum Post office Supply pantry Training facility for police, fire, or emergency services Airport 2019 Zoning Amendments 121 191.doe 4 full -time equivalent students 0.5 classroom 0.5 classroom 7 students 5 students 300 sf 500 sf 20 inmate capacity 300 sf net floor area Y Y Y Y Y Y N N Y 500 sf net floor area Y 500 sf net floor area Y 600 sf net floor area Y 1,000 sf net floor area Y 400 sf net floor area Y 500 sf net floor area Y 600 sf net floor area Y Transportation Uses and Structures None I 43 Airport - related commercial and personal 300 sf net floor area N service uses Bus maintenance, including repair and 2,000 sf building area N storage Bus passenger terminal or station None y Limousine service 300 sf net floor area of office N 5,000 sf up to 50,000 sf of building area, then 1 Motor freight terminal or truck terminal space for every 10,000 sf of remaining building N area 5,000 sf up to 50,000 sf of building area, then 1 Railroad freight yard, repair shop, and space for every 10,000 sf of [remaining] building N marshalling yard area Railroad passenger station None y Taxicab business 300 sf net floor area of office N Utility Uses and Structures Broadcasting studio or station 300 sf net floor area y Broadcasting tower None N Hazardous materials facility 300 sf office area N Utility distribution or collection basic None N Utility distribution or collection, transitional Utility generation or treatment Utility maintenance and service facility 2019 Zoning Amendments 121 191.doc None N 300 sf office area N 300 sf office area N .. Wireless telecommunications facility None N Agriculture Agricultural operations None N Animal shelter 500 sf net floor area Y Stable, commercial 4 stalls Y Wildlife rescue shelter or refuge area 500 sf net floor area of office Y "sf" means the net floor area in square feet for the principal structure, or use if the use occupies only part of a structure, unless otherwise noted in the table. "Y" means the maximum parking regulations set forth in Section 36.2 -653 shall apply. "N" means the maximum parking regulations shall not apply. Sec. 36.2 -654. - Parking and loading area standards Table 654 -1. Parking and Loading Area Standards Standards for single - family dwellings, two - family dwellings, multifamily dwellings and townhouses with up to 4 dwelling units in a Standards for all other uses and single structure on a single parcel, and zoning districts townhouses with individual driveways regardless of district Material Standards: All parking areas, Improved surface required Improved surface required loading areas, No curbing required Curbing around all loading areas driveways and loading Exceptions: and all parking areas with 7 or spaces, excluding Concrete runners with vegetated center and more spaces, including any parking structures edge strips (ribbon driveway) interior islands Gravel permitted behind building line where Exceptions: ELI 2019 Zoning Amendments 121 191.doc access is off an alley Gravel permitted: 1) behind I Gravel permitted for all parking and loading building line where access is off areas in RA District an alley, 2) fleet storage, commercial vehicle storage, or 3) any area in an ROS District Curb not required where LID approach is used for stormwater management Exterior driveways as above. Parking structures and Exterior driveways as above. Interior Interior construction in garages construction in accordance with the Uniform accordance with the Uniform Statewide Building Code. Statewide Building Code. Location Standards: Predominantly located toward 1 side of the principal structure. Parking spaces shall not Driveway /parking area be located within the middle third of the location relative to front fagade, exclusive of garages. principal structures Exception: Circular driveways Townhouses as required by Section 36.2 -431 Parking area prohibited between right -of -way and principal ;rigs building line Exception: Lots in CG District with less than 100 feet of frontage, and CLS, I- 1, 1 -2, AD Districts Minimum distance between driveway 20 feet 40 feet entrance /exit and a street intersection 5 feet Exceptions: Not applicable for single - family 5 feet Setbacks, any property dwellings, two - family dwellings and Exception: Not applicable to a line abutting a street townhouses with individual driveways parking area where a street Not applicable to a parking area where a screen is used. street screen is used. Dimensional Standards: Front yard coverage: 30 percent of the lot area between the No maximum Maximum area of right -of -way and the building line 46 2019 Zoning Amendments 121 191.doc driveways and parking Exception: areas in established The maximum area specified shall not apply front yard to any areas where a permeable paver system is used. Width: Cumulative width of all driveway entrances at frontage Width: Minimum individual driveway width (applies between right -of -way and building line) Width: Maximum individual driveway width (applies between right -of -way and building line) Cumulative width of driveway entrances shall not exceed 30 percent of the lot frontage Exceptions: 10 feet minimum width for all lots The maximum area specified shall not apply to any areas where a permeable paver system is used. Cumulative width of driveway entrances shall not exceed 30 percent of the lot frontage Exception: 18 feet minimum width for all lots R -12, R -7, R -5, R -3, R -A, RM -1 One way: 10 feet Two way: 18 feet RM -2, RMF, all multiple purpose districts 7 feet One way: 12 feet Two way: 15 feet 20 feet or half of the front lot line length, whichever is less Exceptions: For lots having a primary street frontage of 90 feet or greater, the maximum width shall be 30 feet. Maximum driveway width shall not apply to any areas where a permeable paver system is used. 2019 Zoning Amendments 121 19 Ldoc Industrial Districts One way: 12 feet Two way: 18 feet R -12, R -7, R -5, R -3, R -A, RM -1 One way: 12 feet Two way: 24 feet RM -2, RMF, all multiple purpose districts One way: 15 feet Two way: 24 feet Industrial Districts One way: 18 feet Two way: 30 feet 47 Maximum cross slope where a driveway crosses a sidewalk Pedestrian access required per § 36.2 - 654(c) 2 percent 2 percent Operational Standards: No Exception: No Requirement applies to CG and CLS Districts Unobstructed access Yes from parking spaces to Exception: driveway /drive aisle Does not apply to single - family dwellings 9' x 18' area for each required parking space provided, adequate maneuvering space Parking space from parking space to driveway /drive aisle dimensional standards Exception: Garages Yes Table 654 -2 for required parking Exception: Parking structures Special Provisions for Corner and Through Lots (provisions apply to all frontages unless otherwise listed below): Material: Gravel permitted behind building Material: Gravel permitted line of the facade with the principal behind building line of 2 entrance and 1 intersecting street /building frontages when access is from an line when access is from an alley. alley. Location: Driveway /parking area location relative to principal structures requirement Corner lots applies only to the fagade of the principal structure containing the principal entrance to the building and 1 intersecting frontage. The location of parking spaces shall be located predominantly to the side of the combined intersecting fagades. Dimensional: Width standards apply to all frontages. Lot coverage standards apply to 2019 Zoning Amendments 121 191. doc Location: Standards apply to all frontages with the exception of parking between a building and the right -of -way. This requirement applies as follows: CN, CG, D, UF, IN, and MX Districts: Applies to both frontages where the maximum front yard is met. All residential districts: Applies to .• frontage of principal entrance and 1 intersecting frontage. 1 front yard, where maximum front yards apply; standard shall apply to 1 of the front yards where the maximum front yard is met. Dimensional: Apply to all frontages. Location: Standards apply to all frontages with the exception of location relative to principal structures. This requirement applies only to the frontage of the structure Location: Standards apply to all with the primary entrance. frontages with the exception of parking between principal Dimensional standards: Minimum and structures and the right -of -way. maximum driveway width standards do not Through lots This provision applies only to 1 apply between the structure and the frontage and shall be the minimum front yard for the frontage that frontage where the maximum does not contain the primary entrance to front yard is met where the structure. The maximum area of maximum front yards apply. driveways and parking areas in established front yard standard does not apply to the front yard that does contain the primary entrance to the structure. Sec. 36.2 -816. - Rules and records. (c) Annual report. The Commission shall submit a written report of its activities to the City Council at the end of each calenda fiscal year. Sec. 36.2 -826. - Rules and records. (c) Annual report. The Board shall submit a written report of its activities to the City Council at the end of each Ealenda fiscal year. 49 2019 Zoning Amendments 121 191.doc See. 36.2 -840. - Generally; establishment. This chapter shall be administered and enforced by a Zoning Administrator or designee authorized to act on the Zoning Administrator's behalf. Such Zoning Administrator shall be appointed by the City Manager. The City Manager may appoint a Deputy Zoning Administrator to act in the absence of the Zoniny, Administrator. 2. This ordinance will become effective immediately upon adoption. 3. 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 2019 Zoning Amendments 1 21 191.doc 40 V CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 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. Summary: The Planning Commission held a public hearing on Monday, January 14, 2019. By a vote of 6 -0, with Commissioner Atwood absent, the Commission recommends approval of the proposed amendments to the Zoning Ordinance. Background: Roanoke adopted the current zoning ordinance in December 200S. Since adoption, Planning staff has developed periodic amendments to ensure the ordinance remains a relevant tool for implementing the City's comprehensive plan. Such amendments were made in 2010, 201 1 , 2012, 2014, 201 S, 2016, 2017, and 2018. 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 primarily: 1 . Update permitted uses in various zoning districts; 2. Update dimensional standards in various zoning districts; and 3. Update development standards (e.g., landscaping and parking). The proposed draft ordinance, enclosed as Attachment A, provides detail on each proposed change. Comments on Application: Public Comments: Six speakers were present to support the amendment to allow the Animal shelter use in the Downtown, D district, particularly to support the potential relocation of Angels of Assisi. Conclusions and Recommendations: The Planning Commission recommends approval as the proposed Zoning Ordinance amendments address changes in state code, and otherwise update the zoning ordinance to produce better development outcomes for the City of Roanoke. --------------------------- ,lames E. Smith, Chair City Planning Commission Attachment A, Proposed Draft Ordinance 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 Spencer, Senior Assistant City Attorney VA IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Section 36.2 -205, Dimensional regulations; Section 36.2 -311, Use table for residential districts; Section 36.2 -312, Dimensional regulations 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 -328, Dimensional regulations for planned unit development districts; Section 36.2 -530, Certificates of appropriateness; Section 36.2 -642, General landscaping and screening standards; Section 36.2 -644, Overall tree canopy requirements; Section 36.2 -652, Minimum parking; Section 36.2 -654, Parking and Loading Area Standards; Section 36.2 -816, Rules and records; Section 36.2 -826, Rules and records; Section 36.2 -840, Generally, establishment; 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: 1. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: 1 2019 Zoning Amendments 121 191.doe Yes Heating and cooling units or solar panels No 2 Yes feet Yes Yes Overhanging roofs, eaves, gutters, cornices, or awnings Yes 1 2 2 feet foot feet Pergolas, porches, stoops, steps, and stair landings in Yes No No residential districts 10 feet Yes Protective hoods or overhangs over a doorway Yes No 2 2 feet feet 2 2019 Zoning Amendments 1 21 19Ldoc Sec. 36.2 -205. — Dimensional regulations. Table 205 -1. Permitted Yard Encroachments Feature Front Side Rear Yes Yes Bay windows No 2 2 feet feet Yes Yes Yes Chimneys 2 2 2 feet feet feet Flagpoles Yes Yes Yes Yes feet, as ° .°d- frn— . +"^ Yes Yes Handicap ramps associated with a residential use f.-°.,+ °f the bu;ldiRg °. +M° 4 10 ;f „ pFesent. feet feet Yes Heating and cooling units or solar panels No 2 Yes feet Yes Yes Overhanging roofs, eaves, gutters, cornices, or awnings Yes 1 2 2 feet foot feet Pergolas, porches, stoops, steps, and stair landings in Yes No No residential districts 10 feet Yes Protective hoods or overhangs over a doorway Yes No 2 2 feet feet 2 2019 Zoning Amendments 1 21 19Ldoc Refuse container installation and enclosure in a public park Yes Yes Yes Retaining walls Yes Yes Yes Unenclosed decks, terraces, steps, stoops, or porches of a Yes height not exceeding 4 feet. " Unenclosed" means that the No No 2 feature has no walls or other permanent vertical or feet horizontal enclosures other than a guardrail or balustrade Utility cabinet that is part of a utility distribution or Yes Yes Yes collection system Any distance specified in the "Front ", "Side ", or "Rear" columns indicates the maximum distance the feature may encroach into the required yard. "Yes" means the encroachment is permitted into the specified yard. "No" means the encroachment is not permitted into the specified yard. Table 205 -2. Application of Maximum Front Yard Requirements Proposed Development Addition to an existing principal building or new principal building that does not widen any street - facing fagade. Application of Maximum Yard Requirement Not subject to maximum yard requirement. New principal building where no other Locate at least 6916 50% of the new building fa4ade between buildings are located on the site. the maximum and minimum yard lines. Addition to an existing principal building Locate and size any addition so either all the added street - that widens any street - facing fa4ade, facing facade is between the maximum and minimum yard where the existing building conforms to lines, or at least 6916 50% of the resulting total of street - facing the minimum and maximum yard facade is between the maximum and minimum yard line. requirements. Addition to an existing principal building Locate and size any addition so all of the new added street - that widens any street - facing fagade, facing fagade is between the maximum and minimum yard where the existing building does not lines, or at least 68°6 50% of the resulting total of street - facing 2019 Zoning Amendments 1 21 19 Ldoc conform to the minimum or maximum facade is between the maximum yard line and the lot yard requirements. frontage. Locate and size any new building so at least 6"06 50% of the New principal building where one or resulting total of street - facing facade is between the more principal buildings exist on the maximum yard line and the lot frontage or, where existing site, and the new building increases the buildings are located beyond the maximum yard line, locate width of street - facing facades. 100% of the new building between the maximum and minimum yard line. Exceptions: 1. The requirement to meet the 60% facade rule for an addition to an existing building shall apply only to one yard of a corner lot or through lot. 2. An addition not exceeding 20% of the existing principal building footprint is not subject to the maximum front yard requirements of this table. Sec. 36.2 -311. - Use table for residential districts. R- R- R- R- RM- RM- Supplemental District RA 12 7 5 3 1 2 RMF Regulation Section Residential Uses Dwelling, single - family attached Dwelling, single - family detached Dwelling, two - family Dwelling, Multifamily Dwelling, multifamily with 10 or fewer units Dwelling, multifamily with 11 or more units 2019 Zoning Amendments 1 21 191.doc P P P P P P P P P P P S P 9 R P P S P 4 Dwelling townhouse or rowhouse P S P P 36.2 -431 Dwelling, manufactured home P Dwelling, mobile home P Accommodations and Group Living Uses Bed and breakfast P S S S S S S Boarding house S Group care facility, congregate home, elderly S S Group care facility, congregate home, not S S otherwise listed Group care facility, group care home S S Group care facility, halfway house S S Group care facility, nursing home S Group care facility, transitional living facility Group home P P P P P P P Commercial Uses Day care home, adult S S S S S S S S Day care home, child P P P P P P P P Family day home S S S S S S S S Fire, police, or emergency services 5 S S S 5 S S Utility Uses and Structures 36.2 -417 36.2 -405 5 2019 Zoning Amendments 1 21 191.doc Utility distribution or collection, basic P P P P P P P P Utility distribution or collection, transitional S S S S S S S S Wireless telecommunications facility, small cell P P P P P P P P 36.2 -432 on existing structure commercial y Wireless telecommunications facility, not S S S S S S S S 36.2 -432 otherwise listed Kennel, no outdoor pens or runs P IT�I Wireless telecommunications P P P P P P P P 36.2 -432 facility, stealth Stable, commercial P �! # Animal and Agricultural Uses Agricultural operations P S S S S S S S Animal shelter P Botanical garden or arboretum P Community garden P P P P P P P P 36.2 -407.1 Composting facility S i Nursery or greenhouse, P commercial y Pet grooming P F Kennel, no outdoor pens or runs P IT�I Kennel, with outdoor pens or runs S Stable, commercial P �! # � F 36.2 -428 Wildlife rescue shelter or refuge area P Accessory Uses 2019 Zoning Amendments 121 191.doc 0 Accessory uses, not otherwise listed in this table P P P P P P P P 36.2 -403 Accessory apartment S S S S S S P 36.2 -402 Home occupation, excluding P P P P P P P P 36.2 -413 personal service Home occupation, P P P P P P P P 36.2 -413 personal service Homestay S S S S S S S S 36.2 -405 Outdoor storage P 36.2 -423 Stable, private P P 36.2 -403 Temporary health care structure P P P P P P P P 36.2 -403 Wind turbine, commercial S 36.2 -403 Wind turbine, small S S S S S S S S 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. Sec. 36.2 -312. - Dimensional regulations for residential districts. District RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMF Minimum lot area per dwelling unit 43,560 12,000 7,000 5,000 3,000 3,500 2,500 1,000 (square feet) Minimum 43,560 12,000 7,000 5,000 3,000 5,000 5,000 15,000 Lot area (square feet) Maximum None None None None None None None None 7 2019 Zoning Amendments 1 21 191.doc Minimum 150 70 60 50 30 50 50 100 Lot frontage (feet) Maximum None None None None None None 150 None Minimum 30 20 20 15 15 10 10 10 Front yard (feet) Maximum None None None 40 25 30 30 - Section 36.2 -313 Front yard requirements No No Yes Yes Yes Yes Yes No for infill development apply Side yard minimum depth (feet) 10 5 3 3 3 3 3 15 Rear yard minimum depth (feet) 50 -3815 15 15 15 15 15 15 Height maximum (feet) 45 35 35 35 35 35 45 45 Impervious surface area maximum 25 50 50 60 70 60 70 70 (percentage of lot area) No No No Principal structures, maximum number limit 1 1 1 1 1 limit limit Accessory structure minimum setback 5 0 0 0 0 0 0 5 from rear and side lot lines (feet) Minimum parking requirement applies Yes Yes Yes Yes Yes Yes Yes Yes Tree canopy coverage (Minimum percent 20 20 20 20 15 15 10 10 of lot area) Where a maximum lot frontage is specified for a district, such maximum shall apply to only one frontage of a corner lot. 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. 2019 Zoning Amendments 1 21 191.doc Sec. 36.2 -315. - Use table for multiple purpose districts. Supplemental District MX CN CG CLS D IN ROS OF Regulation Section Residential Uses Dwelling, single - family attached P I i I Dwelling, single - family detached P Dwelling, two - family P�^ Dwelling multifamily with 10 or fewer units P P P P P Dwelling multifamily with 11 or more units S S P P ! P Dwelling, townhouse or rowhouse P P P P P Accommodations and Group Living Bed and breakfast S Campground S S Dormitory P S S Group care facility, congregate home, elderly S Group care facility, nursing home S Group home P P P P Hotel or motel S P P P P Short -term rental P S P P P P P 1 9 2019 Zoning Amendments 1 21 191.doc 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 Medical clinic P P P P P P Office, general or professional P P P P P P Office, general or professional, large scale P P P P P P Outpatient mental health and substance abuse clinic S Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or P P P P P runs Animal hospital or veterinary clinic, outdoor pens or S S S S S ru ns Animal shelter S S S S Caterer, commercial P P P P Community market P P P P P P P Drive - through facility S P P S 36.2 -409 Drive - through kiosk S P P S 36.2 -409 10 2019 Zoning Amendments 121 191.doc Flea market, indoor P P P Flea market, outdoor S S Funeral home P P P Kennel, no outdoor pens or runs P P P P Kennel, outdoor pens or runs S S 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 Studio /multimedia production facility P P P P P 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 shop, general or special S P P S P trade Dry cleaning and laundry pick -up station P P P P P Dry cleaning plant or commercial laundry P Gasoline station S P P S 36.2 -411 2019 Zoning Amendments 1 21 191.doc General service establishment, not otherwise listed P P P P P Internet sales establishment P P P P P Janitorial services establishment P P Laundromat P P P P P Manufactured or mobile home sales P Motor vehicle rental establishment, without inventory P P P P on -site Motor vehicle rental establishment, with inventory on- P P S site Motor vehicle repair or service establishment P P S S 36.2 -419 Motor vehicle sales and service establishment, new P P 36.2 -420 Motor vehicle sales and service establishment, used P P 36.2 -421 Nursery or greenhouse, commercial P P S Personal service establishment, not otherwise listed in P P P P P P this table Pet grooming P P P P P Retail sales establishment, not otherwise listed P P P P P Storage building sales S P Tattoo parlor P P P P P Industrial Uses Bakery, confectionary, or similar food production, P wholesale 12 2019 Zoning Amendments 121 19 Ldoc Commercial printing establishment P Electrical component assembly, wholesale distribution Fueling station, commercial or wholesale P P 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 painting and body repair S S 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 P Amusement, commercial, indoor S P P P Amusement, commercial, outdoor P P Botanical garden or arboretum P P P P P F9 S S 36.2 -418 P 36.2 -433 S P P P 2019 Zoning Amendments 121 191.doc 36.2 -404 13 Club, lodge, civic, or social organization P P P P P P P 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 S 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 S S S S S district Entertainment establishment, not abutting a S P P P P residential district Exhibition, convention, or conference center P P Gaming establishment S S Golf course P Health and fitness center P P P P P P Meeting hall, abutting a residential district S S S S S P P S Meeting hall, not abutting a residential district S P P P P P P P Microbrewery or microdistillery not abutting a P P P P P residential district Microbrewery or microdistillery abutting a residential S S S S S district Park or playground P P P P P P P P Place of worship P P P P P P 14 2019 Zoning Amendments 121 19 Ldoc Recreation, indoor P P P P P Recreation, outdoor P P P P Sports stadium, arena, or coliseum P Theater, movie or performing arts P 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 S P P P P P P 36.2 -408 Day care home, adult S S S S Day care home, child P P P P Educational facilities, business school or nonindustrial S P P P P P P trade school Educational facilities, college /university P P P P Educational facilities, elementary /middle /secondary P P P P P P Educational facilities, industrial trade school P P P 15 2019 Zoning Amendments 1 21 191.doc Educational facilities, school for the arts S P P P P P P Fire, police, or emergency services P P P P P P P Government offices or other government facility, not P P P P P P P otherwise listed Hospital P Library P P P P P P P Museum P P P P P P P Post office P P P P P P Supply pantry P P P P P P Training facility for police, fire, or emergency services P S Transportation Uses Bus passenger terminal or station Limousine service Parking lot facility Parking, off -site Parking structure facility Railroad passenger terminal or station Utility Uses Broadcasting studio or station Broadcasting tower 2019 Zoning Amendments 121 191.doc P S P P S P S P S P P S P P P 36.2 -652 P S 36.2 -426 P P P P P S S P S 36.2 -432 lime Utility distribution or collection, basic P P P P P P P P Utility distribution or collection, transitional S S S S S S S S Wireless telecommunications facility, small cell on P P P P P P P P 36.2 -432 existing structure Accessory Uses Wireless telecommunications facility, stealth P P P P P P P P 36.2 -432 Wireless telecommunications facility, not otherwise S S S S S S S S 36.2 -432 listed 36.2 -402 Home occupation, excluding personal service P P Agricultural Uses Agricultural operations S S S S S S S S Stable, commercial P 36.2 -428 Wildlife rescue shelter or refuge area P Accessory Uses Accessory uses, not otherwise listed in this Table P P P P P P P P 36.2 -403 Accessory apartment S 36.2 -402 Home occupation, excluding personal service P P P P P 36.2 -413 Home occupation, personal service P P P P P 36.2 -413 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 S S S 36.2 -403 lighting Outdoor storage S S P S 36.2 -423 17 2019 Zoning Amendments 121 191.doc Recycling collection point S P P { 36.2-403 J Resident manager apartment P 36.2-403 Temporary health care structure 3 Wind turbine, commercial S S S S S 36.2 -403 Wind turbine, small S S S S S S S S 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 multiple purpose districts. Sec. 36.2 -316. - Dimensional regulations for multiple purpose districts. MX CN CG CLS D IN Minimum lot area per 2,50 residential unit (square 0 1,000 None None feet) ROS OF None None None None None None None None 5,00 217,80 130,68 None None Minimum None 5,000 10,000 43,560 200 0 0 20 10 0 Lot area -40 None 10 No (square feet) T No No No { 87,12 130,68 Maximum None None 0 , 0 Minimum i 50 None 100 150 Lot frontage I (feet) _ _.... ....._. _..___ Maximum None 200 None None Minimum 10 0 0 0 Front yard (feet) � Maximum 30 10 30 None Section 36.2 -313 Front Yes No No No 2019 Zoning Amendments 121 191.doe ROS OF None None None None None None None None 217,80 130,68 None None 0 0 None 100 None None None None None 200 0 �( 20 10 0 10 -40 None 10 No T No No No { 18 yard requirements for infill development applies Section 36.2 -317 Civic No Yes No space yard option applies Side yard (feet) 5 0 0 Rear yard (feet) 15 0 0 Accessory structure minimum setback from 0 0 0 rear and side lot lines (feet) No Yes Yes No Yes 0 0 0 10 0 0 0 0 10 0 0 0 0 0 0 F oor area ra 10 1.0 5.0 5.0 5.0 15.0 None None None maximum Impervious surface area maximum (percentage of 70 100 85 80 100 80 80 100 lot area) 2019 Zoning Amendments 1 21 191.doc 1 foot for 1 foot for 1 foot for each foot each foot each foot of setback Property of setback of setback from any abutting a 45 45 45 from any from any 40 abutting 60 residentia abutting abutting residentia Height I district residentia residentia I lot, not maximum I lot Hot to exceed (feet) 60 feet Property not abutting a 45 45 None None None 40 60 60 residentia I district I t' F oor area ra 10 1.0 5.0 5.0 5.0 15.0 None None None maximum Impervious surface area maximum (percentage of 70 100 85 80 100 80 80 100 lot area) 2019 Zoning Amendments 1 21 191.doc Minimum parking Yes No Yes Yes No Yes No No requirement applies Section 36.2 -318 Pedestrian access Yes Yes Yes Yes Yes Yes No Yes requirement applies Maximum building 15,00 None None None None None None None footprint (square feet) 0 Section 36.2- Ground 15 50* 50* None 50* 15 None 15 319 Building floor placement and fagade transparency standards (minimum Upper 15 20 20 None 20 15 None 15 floors transparency , percent of facade area) Minimum tree canopy 10 0 10 10 0 10 20 0 (percentage of lot area * Except townhouses and multifamily dwellings, minimum fagade 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). 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. 2019 Zoning Amendments 121 191.doe O Sec. 36.2 -322. - Use table for industrial districts. Supplementa 1- I- A I District 1 2 D Regulation Section Residential Uses Dwelling, single- family detached S Dwelling, two family S Dwelling, multifamily S Dwelling townhouse or rowhouse S 36.2 -431 Accommodations and Group Living Uses Hotel or motel P 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 21 2019 Zoning Amendments 121 19 Ldoc Animal hospital or veterinary clinic, no outdoor pens or runs P Animal hospital or veterinary clinic, with outdoor pens or runs S Caterer, commercial P Drive - through facility P Kennel, no outdoor pens or runs P Kennel, outdoor pens or runs S Live -work unit S Mixed -use building S Outdoor advertising sign P P Pet crematorium P Pet grooming 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 Car wash, abutting a residential district S Commercial motor vehicle rental establishment P Commercial motor vehicle sales and service establishment, new P Commercial motor vehicle sales and service establishment, used P 2019 Zoning Amendments 121 191.doc 36.2 -409 36.2 -416 36.2 -416 36.2 -675 36.2 -406 36.2 -406 36.2 -407 36.2 -407 22 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 Gasoline station P General service establishment, not otherwise listed P Internet sales establishment P P P Janitorial services establishment P Lumberyard P P Manufactured or mobile home sales P Motor vehicle rental establishment, without inventory on -site P P Motor vehicle rental establishment, with inventory on -site P P 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 S Bakery, confectionary, or similar food production, wholesale P P Biosolids field S 2019 Zoning Amendments 121 191.doc 36.2 -411 36.2 -419 23 Building supplies and materials, wholesale P P P Commercial printing establishment P P P Composting facility S Contractor's shop, heavy construction P P Dairy products, processing, bottling, and wholesale distribution P P 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 poultry and animal P P slaughtering and dressing Manufacturing: Chemical, refining or processing, including the manufacture, refining or processing of ammonia, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum, lampblack, S oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast Manufacturing: Chemical, refining or processing, not otherwise listed in this P P table Manufacturing: General, not otherwise listed in this table P P P Manufacturing: Steel or metal production, fabrication, or processing S P P Manufacturing: Wood products P Meat packing and poultry processing S Milling or feed and flour mills S S 24 2019 Zoning Amendments 121 191.doc Motor vehicle or trailer painting and body repair S P 36.2 -418 Outdoor storage lot S S S 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 S of flammable liquids Warehouse P P P Assembly and Entertainment Uses Amphitheatre P P 25 2019 Zoning Amendments 121 191.doc Amusement, commercial, outdoor P Eating establishment P P Eating and drinking establishment, abutting a residential district P P P Eating and drinking establishment, not abutting a residential district P P Entertainment establishment, abutting a residential district P P Entertainment establishment, not abutting a residential district P P Go -cart track S 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 26 2019 Zoning Amendments 121 191.doc Fire, police, or emergency services P P Government offices or other government facility, not otherwise listed P P 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 service uses P 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 36.2 -652 Railroad freight yard, repair shop, and marshalling yard P Taxicab business P P P Utility Uses Broadcasting studio or station P Broadcasting tower S S 36.2 -432 Hazardous materials facility S Utility distribution or collection, basic P P P 27 2019 Zoning Amendments 121 191.doc Utility distribution or collection, transitional P P S Utility generation or treatment P Utility maintenance and service facility P 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 otherwise listed S P S 36.2 -432 Agricultural Uses Agricultural operations P P P Animal shelter P P Accessory Uses Accessory uses, not otherwise listed in this Table P P P 36.2 -403 Outdoor recreation facility lighting or sports stadium lighting S S S 36.2 -403 Outdoor storage P P P 36.2 -423 Portable storage container P P 36.2 -403 Recycling collection point P 36.2 -403 Resident manager apartment P P 36.2 -403 Temporary health care structure 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. 28 2019 Zoning Amendments 121 191.doc "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. Sec. 36.2 -328. - Dimensional regulations for planned unit development districts. District MXPUD INPUD IPUD Minimum size of district (acres) None None S Minimum lot area per dwelling unit (square feet) Lot area minimum (square feet) Lot frontage minimum (feet) Front yard minimum (feet) Side yard minimum (feet) Rear yard minimum (feet) Height maximum (feet) Usable open space (percentage of lot area) Accessory structure minimum setback from rear and side lot lines (feet) Minimum parking requirement 2019 Zoning Amendments 1 21 191.doc 11888 1808 Nene Specified on the development plan for the district Specified on the development plan for the district 29 Impervious surface ratio maximum (percentage of lot area) Minimum tree canopy (percentage of lot area) 80 80 80 15 10 10 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. See. 36.2 -530. - Certificates of appropriateness. (c) Procedures. , within niftet�, (90) ealendaf days. (-5)L41 Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the Board. The City Council shall schedule the matter for a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition, unless the property owner and the Agent to the Architectural Review Board agree to an extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board. ()L51 Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection, reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made available to the applicant. (- 6 In the event City Council denies an appeal of a decision of the Architectural Review Board, the applicant may file an appeal in Circuit Court pursuant to subsection (d), below. 2019 Zoning Amendments 121 191.doe 30 Sec. 36.2 -642. - General landscaping and screening standards. (b) Planting materials. Where landscaping is required by this division, the following standards shall apply: (1) Trees used to meet the requirements of this division shall be selected from the current list of landscape trees approved and published by the zoning administrator. Such list shall specify minimum height or minimum caliper at planting the 20 -year canopy of trees in square feet, and the suitability of each species for parking areas site canopy, or buffer yards. WIN 2019 Zoning Amendments 1 21 191.doc RE GaaePY at 20 YeaFs (sq. .) - C;$ 14-3 31 WOMM (1) Trees used to meet the requirements of this division shall be selected from the current list of landscape trees approved and published by the zoning administrator. Such list shall specify minimum height or minimum caliper at planting the 20 -year canopy of trees in square feet, and the suitability of each species for parking areas site canopy, or buffer yards. WIN 2019 Zoning Amendments 1 21 191.doc RE GaaePY at 20 YeaFs (sq. .) - C;$ 14-3 31 M�y , - AmeFiea -R Ea 1 19 p' n Ea&te n Wh4e TFRus StFabo$ 7- 4 4-74 C � � � � p SpFbiee, r.ee6 L er-ge ne -idu - r 24 4 444 E E R'rr T �a Y Y- 2 254 T T� t Biae!( GWFA/TWf24A N ySE�? sylvatirza 2 222 4 44-7 r rc GI. LaeebaFk Wimus paFvi4)4a I I= 2 2-S4 � �LrE 444 Q 4 n n °Ch- ;ldem- .- +er° -344 le a Page da +Fee SopheFa a 2 2-54 r rc ia e Zell(., � �� 4174 1 1 I :n.de.; mnr:n�.� 3 3-1-4 C C- I *R de Little I e-�f L L- 4 4-74 4 41-C 32 2019 Zoning Amendments 1 21 191.doc Maple, Red Maple, Sup gak, rte« Oak, NOFtheFA Red Oak, NR White Qak, wide 1F Redwood, Da wee Aced AceF saw QueFebis pF aueFGHS FHbFa Qf+eFrEW 6 al ba CE)Fnus mas -Si 2019 Zoning Amendments 121 191.doc 4-1 "1 444 a?-E P*" W s y e e d eR5}5 1-:74 �- 44 -2 2-54 C- -22 2-� � 1 2-54 E 254 C- 2-5-4 iZE 22 IT7 E 1 2754 rc 4-1 "1 444 a?-E P*" W s y e e d eR5}5 1-:74 bE)FRUS fWida 444 CemkFs kew5a 414 44-7E § 4-14 244 rc C- JJ Maple, AF a" 44-3 Maple, Wedge A 4fr 4-74 Maple � , 1� morn 4,-q � C E 144 412-1-C a dti „a Easte- -R Ge.rreks, raga densis 4-74- P—IG § 2-94 G `S94FWe94 oxydeRdFum _5i 444 E Switability Key f—, 642 1i D D L' A c eF C+ .++ YaF d T-Fees E T r f . Ql -1 _ll Cl +._ r. Q _ BuffeF V-.r.dr See. 36.2 -644. Overall tree canopy requirements. (a) Definition of tree canopy. For purposes of this section, "tree canopy” shall include all areas of coverage by existing plant materials exceeding five (5) feet in height, and the extent of planted tree canopy at maturity shall be based on the canopy at 20 years as set forth in Table 642 1-the current list of landscape trees referenced above in Sec. 36.2- 642(b)(1). W4efe-ao iS F;ot li9ted -t matwity" shall be based -- 14e published FefeFeRee text, MaRi of Woody I aiqdseape Plants, fifth edi4o . 34 2019 Zoning Amendments 1 21 191.doc Sec. 36.2 -652. - Minimum parking. (c) Reduction for proximity to public transit. Where a neprpridepti use is located within one thousand two hundred (1,200) feet of a public transit route, the total number of required off - street parking spaces, unassigned to specific persons, may be reduced to eighty (80) percent of that otherwise required as set forth in Table 652 -2. Table 652 -2. Required Parking Spaces Minimum Number of Parking Spaces Required Maximum Use Calculated as 1 Space for Each Specified Unit Parking Accessory Uses Accessory uses None N Dwelling, single - family attached Dwelling, single- family detached Dwelling, two - family Dwelling, multifamily, elderly (intended and designed exclusively to house the elderly) Dwelling, multifamily, other than elderly Dwelling Townhouse or row house 2019 Zoning Amendments 121 191.doc Residential Uses 4-50_6 dwelling unit N None N 44 0_6 dwelling unit N 045 1_3dwelling unit N N 4-5 0_6 dwelling unit N 0.6 dwelling unit N 35 N Dwelling, manufactured home Not applicable > Dwelling, mobile home N Accommodations and Group Living Bed and breakfast Guest bedroom, plus 2 spaces Boarding house Dormitory Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed in this table Group care facility, group care home Group care facility, halfway house Group care facility, nursing home Group care facility, transitional living facility Group home, subject to Section 15.2 -2291, Code of Virginia 3 rooms or dwelling units Room; add spaces for meeting or restaurant Hotel or motel area as additional principal uses. Commercial Uses: Office and Related Uses Blood bank or plasma center 300 sf net floor area Business service establishment, not otherwise listed in this table N N N f,71 N I T y y y 36 2019 Zoning Amendments 121 191.doe Employment or temporary labor service Financial institution Laboratory, dental, medical, or optical Laboratory, testing and research Medical clinic Office, general or professional Outpatient mental health and substance abuse clinic 1,000 sf net floor area 300 sf net floor area Commercial Uses: Miscellaneous Animal hospital or veterinary clinic Caterer, commercial Community market Drive - through facility Drive- through kiosk Flea market Funeral home Kennel Live -work unit Mixed -use building Outdoor advertising sign 500 sf net floor area Not applicable 500 sf of indoor or outdoor display area 4 seats in largest chapel or viewing room 1,000 sf net floor area 1.5 dwelling unit Subject to the requirements of the uses in the building None y y Ik y y y y y y y y y y y y 0 ITL 37 2019 Zoning Amendments 121 191.doc Pet crematorium 1,000 sf net floor area Studio /multimedia production facility 500 sf net floor area Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail Body piercing establishment 300 sf net floor area Building supplies and materials, retail Business service establishment, not otherwise listed in this table 1.5 self- service bay Car wash 0.25 automated service bay Commercial motor vehicle rental 1,000 sf net floor area establishment Commercial motor vehicle sales and 5,000 sf of lot area service establishment, new or used Contractor or tradesman's shop, general or 600 sf net floor area special trade Dry cleaning and laundry pickup station 250 sf net floor area Dry cleaning plant or commercial laundry 500 sf net floor area Gasoline station None General service establishment, not otherwise listed in this table 350 sf net floor area Janitorial services establishment Laundromat Lumberyard 1,000 sf net floor area Y Y Y Y Y Y 0 N Y Y Y Y Y Y Y Y Y 38 2019 Zoning Amendments 1 21 191.doc Manufactured or mobile home sales Motor vehicle rental establishment Motor vehicle repair or service establishment h' I I nd service 500 sf of sales and service building 1,000 sf net floor area 1.5 service bay Motor ve �c e an es a 750 sf net floor area establishment, new or used 1,000 sf of indoor floor sales area plus 1 space Nursery or greenhouse, commercial for every 1,000 sf of greenhouse or net outdoor sales and customer display area Personal service establishment, not otherwise listed in this table Pet grooming Recreational vehicle or boat sales Retail sales establishment —Large appliances, furniture, household fixtures, swimming pools, hot tubs, spas Retail sales establishment, not otherwise listed in this table Storage building sales Tattoo parlor All industrial uses 300 sf net floor area 500 sf net floor area 1,000 sf net floor area 1,000 sf of retail showroom area 250 sf of retail area 500 sf of sales building 300 sf net floor area Y N r1 Y N IN Y Y Y Y Y Industrial 1,000 sf up to 10,000 sf of building area, then 1 space for every 2,000 sf of remaining building N area Warehousing and Storage 39 2019 Zoning Amendments 121 191.doc Distribution center, not otherwise listed in 5,000 sf up to 50,000 sf of building area, then 1 space for every 10,000 sf of remaining building N this table area Mini- warehouse Storage of commercial motor vehicles Not Applicable Storage of motor vehicles for rental (no on -site rental or leasing facility) Tank farm, petroleum bulk station and 1,000 sf up to 10,000 sf of building area, then 1 terminal, or other aboveground storage of space for every 2,000 of remaining building area flammable liquids 5,000 sf up to 50,000 sf of building area, then 1 Warehouse space for every 10,000 sf of remaining building area Assembly and Entertainment Adult uses 500 sf building area 6 seats or 600 sf of total assembly area, Amphitheater whichever is greater Amusement, commercial, indoor 250 sf net floor area Amusement, commercial, outdoor 1,000 sf of activity area Botanical garden or arboretum Not applicable Club, lodge, civic, social, or fraternal organization Community center Eating establishment Eating and drinking establishment Entertainment establishment Exhibition, convention, or conference 300 sf of net floor area 100 sf net floor area 8 persons of maximum load occupancy ILI Z Y 1'1 Y Y Y I< N Y 40 2019 Zoning Amendments 121 191 Am center 1 ..... ............................... .. Gaming establishment 250 sf net floor area Go -cart track 1,000 sf of activity area Golf course 0.5 holes Health and fitness center 5 persons of maximum load occupancy Meeting hall 5 persons of maximum load occupancy Paint ball facility, outdoor 2,000 sf of activity area Park or playground, not otherwise listed in None this table Place of worship Recreation, indoor — Bowling alley Recreation, indoor —Ice skating or roller skating rink Recreation, indoor or outdoor — Basketball courts Recreation, indoor or outdoor — Batting cages Recreation, indoor or outdoor — Skateboarding course Recreation, indoor or outdoor — Swimming pools 4 seats or per 6 linear feet of bench seating in the portion of the building to be used for services or the largest assembly room, whichever is greater 0.5 lane 200 sf of skating area 0.5 court 0.5 cage 500 sf of skating area 75 sf of water area N Y Y Y Y Y N la Y Y Y 17 rA u 41 2019 Zoning Amendments 121 191.doc 42 2019 Zoning Amendments 1 21 191.doc Recreation, indoor or outdoor — Tennis or 0.75 court Y other racquet courts Recreation, outdoor — Athletic fields 2,000 sf field area 9 Y Recreation, outdoor —Golf driving ranges 0.75 tee Y Recreation, indoor, not otherwise listed in 500 sf of activity area Y this table Recreation, outdoor, not otherwise listed 1,000 sf of activity area Y in this table Sports stadium, arena, or coliseum 5 seats Y Theater, movie or performing arts 5 seats N Zoo 2,500 sf of display area Y Public, Institutional or Community Facilities Aquarium or planetarium 2,000 sf net floor area Y Artist studio 1,000 sf net floor area Y Cemetery None N Community food operation 1,000 sf net floor area N Community garden None Day care center, adult 8 persons as permitted by max occupancy Y Day care center, child 8 children as permitted by max occupancy Y Day care home, child Not applicable N Educational facilities, business school or 4 students Y nonindustrial school 42 2019 Zoning Amendments 1 21 191.doc Educational facilities, college /university 4 full -time equivalent students Educational facilities, elementary 0.5 classroom Educational facilities, middle 0.5 classroom Educational facilities, secondary 7 students Educational facilities, industrial trade 5 students school Educational facilities, school for the arts 300 sf Fire, police, or emergency services 500 sf Government facility —Jail 20 inmate capacity Government offices or other government 300 sf net floor area facility, not otherwise listed in this Table Hospital 500 sf net floor area Library 500 sf net floor area Military Reserve or National Guard Center 600 sf net floor area Museum 1,000 sf net floor area Post office 400 sf net floor area Supply pantry 500 sf net floor area Training facility for police, fire, or 600 sf net floor area emergency services Transportation Uses and Structures Airport None Y Y Y Y Y Y N N VA Y Y Y Y Y Y Y 7 43 2019 Zoning Amendments 121 191.doe Airport- related commercial and personal 300 sf net floor area service uses Bus maintenance, including repair and 2,000 sf building area storage Bus passenger terminal or station None Limousine service 300 sf net floor area of office 5,000 sf up to 50,000 sf of building area, then 1 Motor freight terminal or truck terminal space for every 10,000 sf of remaining building area 51000 sf up to 50,000 sf of building area, then 1 Railroad freight yard, repair shop, and space for every 10,000 sf of [remaining] building marshalling yard area Railroad passenger station None Taxicab business 300 sf net floor area of office Utility Uses and Structures Broadcasting studio or station 300 sf net floor area Broadcasting tower None Hazardous materials facility 300 sf office area Utilit distribution or collection basic None Y Utility distribution or collection, None transitional Utility generation or treatment 300 sf office area Utility maintenance and service facility 300 sf office area N N Y N N 21 Y N Y N N N N N 44 2019 Zoning Amendments 121 191.doc Wireless telecommunications facility None N Agriculture Agricultural operations None N Animal shelter 500 sf net floor area Y Stable, commercial 4 stalls Y Wildlife rescue shelter or refuge area 500 sf net floor area of office Y "sf" means the net floor area in square feet for the principal structure, or use if the use occupies only part of a structure, unless otherwise noted in the table. "Y" means the maximum parking regulations set forth in Section 36.2 -653 shall apply. "N" means the maximum parking regulations shall not apply. See. 36.2 -654. - Parking and loading area standards Table 654 -1. Parking and Loading Area Standards Standards for single - family dwellings, two - family dwellings, multifamily dwellings and townhouses with up to 4 dwelling units in a Standards for all other uses and single structure on a single parcel, and zoning districts townhouses with individual driveways regardless of district Material Standards: All parking areas, Improved surface required Improved surface required loading areas, No curbing required Curbing around all loading areas driveways and loading Exceptions: and all parking areas with 7 or spaces, excluding Concrete runners with vegetated center and more spaces, including any parking structures edge strips (ribbon driveway) interior islands Gravel permitted behind building line where Exceptions: 45 2019 Zoning Amendments 121 19 Ldoc access is off an alley Gravel permitted for all parking and loading areas in RA District Exterior driveways as above. Interior Parking structures and construction in accordance with the Uniform garages Statewide Building Code. Location Standards: Predominantly located toward 1 side of the principal structure. Parking spaces shall not Driveway /parking area be located within the middle third of the location relative to front fagade, exclusive of garages. principal structures Exception: Circular driveways Townhouses as required by Section 36.2 -431 Minimum distance between driveway entrance /exit and a street intersection Setbacks, any property line abutting a street Front yard coverage Maximum area of 20 feet 5 feet Exceptions: Not applicable for single - family dwellings, two - family dwellings and townhouses with individual driveways Not applicable to a parking area where a street screen is used. Dimensional Standards: 30 percent of the lot area between the right -of -way and the building line 2019 Zoning Amendments 1 21 191.doc Gravel permitted: 1) behind building line where access is off an alley, 2) fleet storage, commercial vehicle storage, or 3) any area in an ROS District Curb not required where LID approach is used for stormwater management Exterior driveways as above. Interior construction in accordance with the Uniform Statewide Building Code. Parking area prohibited between right -of -way and principal bWildiRgs building line Exception: Lots in CG District with less than 100 feet of frontage, and CLS, I- 1, 1 -2, AD Districts 40 feet 5 feet Exception: Not applicable to a parking area where a street screen is used. No maximum 46 driveways and parking Exception: areas in established The maximum area specified shall not apply front yard to any areas where a permeable paver system is used. Width: Cumulative width of all driveway entrances at frontage Width: Minimum individual driveway width (applies between right -of -way and building line) Cumulative width of driveway entrances shall not exceed 30 percent of the lot frontage Exceptions: 10 feet minimum width for all lots The maximum area specified shall not apply to any areas where a permeable paver system is used. Cumulative width of driveway entrances shall not exceed 30 percent of the lot frontage Exception: 18 feet minimum width for all lots R -12, R -7, R -5, R -3, R -A, RM -1 One way: 10 feet Two way: 18 feet RM -2, RMF, all multiple purpose districts 7 feet One way: 12 feet Two way: 15 feet 2019 Zoning Amendments 121 191.doc Industrial Districts One way: 12 feet Two way: 18 feet R -12, R -7, R -5, R -3, R -A, RM -1 One way: 12 feet Two way: 24 feet RM -2, RMF, all multiple purpose districts One way: 15 feet Two way: 24 feet Industrial Districts One way: 18 feet Two way: 30 feet 47 20 feet or half of the front lot line length, whichever is less Width: Maximum Exceptions: individual driveway For lots having a primary street frontage of width (applies between 90 feet or greater, the maximum width shall right -of -way and be 30 feet. building line) Maximum driveway width shall not apply to any areas where a permeable paver system is used. 2019 Zoning Amendments 121 191.doc Industrial Districts One way: 12 feet Two way: 18 feet R -12, R -7, R -5, R -3, R -A, RM -1 One way: 12 feet Two way: 24 feet RM -2, RMF, all multiple purpose districts One way: 15 feet Two way: 24 feet Industrial Districts One way: 18 feet Two way: 30 feet 47 Maximum cross slope where a driveway crosses a sidewalk Operational Standards: Pedestrian access required per § 36.2 - 654(c) Unobstructed access Yes from parking spaces to Exception: driveway /drive aisle Does not apply to single - family dwellings Exception: Requirement applies to CG and CLS Districts Yes 9' x 18' area for each required parking space provided, adequate maneuvering space Table 654 -2 for required parking Parking space from parking space to driveway /drive aisle Exception: dimensional standards Parking g structures Garages Special Provisions for Corner and Through Lots (provisions apply to all frontages unless otherwise listed below): Material: Gravel permitted behind building Material: Gravel permitted line of the facade with the principal behind building line of 2 entrance and 1 intersecting street /building frontages when access is from an line when access is from an alley. alley. Location: Driveway /parking area location relative to principal structures requirement Corner lots applies only to the facade of the principal structure containing the principal entrance to the building and 1 intersecting frontage. The location of parking spaces shall be located predominantly to the side of the combined intersecting fagades. Dimensional: Width standards apply to all frontages. Lot coverage standards apply to Location: Standards apply to all frontages with the exception of parking between a building and the right -of -way. This requirement applies as follows: CN, CG, D, UF, IN, and MX Districts: Applies to both frontages where the maximum front yard is met. All residential districts: Applies to 48 2019 Zoning Amendments 1 21 191.doc frontage of principal entrance and 1 intersecting frontage. Location: Standards apply to all frontages with the exception of location relative to principal structures. This requirement applies only to the frontage of the structure with the primary entrance. Dimensional standards: Minimum and maximum driveway width standards do not Through lots apply between the structure and the minimum front yard for the frontage that does not contain the primary entrance to the structure. The maximum area of driveways and parking areas in established front yard standard does not apply to the front yard that does contain the primary entrance to the structure. Sec. 36.2 -816. - Rules and records. 1 front yard, where maximum front yards apply; standard shall apply to 1 of the front yards where the maximum front yard is met. Dimensional: Apply to all frontages. Location: Standards apply to all frontages with the exception of parking between principal structures and the right -of -way. This provision applies only to 1 frontage and shall be the frontage where the maximum front yard is met where maximum front yards apply. (c) Annual report. The Commission shall submit a written report of its activities to the City Council at the end of each ealefidaf fiscal year. Sec. 36.2 -826. - Rules and records. (c) Annual report. The Board shall submit a written report of its activities to the City Council at the end of each ^„fiscal year. 49 2019 Zoning Amendments 121 191.doc Sec. 36.2 -840. - Generally; establishment. This chapter shall be administered and enforced by a Zoning Administrator or designee authorized to act on the Zoning Administrator's behalf. Such Zoning Administrator shall be appointed by the City Manager. The CitesManager may appoint a Deputy Zoning Administrator to act in the absence of the Zoning Administrator. 2. This ordinance will become effective immediately upon adoption. 3. 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 50 2019 Zoning Amendments 121 191.doc The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV Attn Tina Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE. SW, SUITE 456 ROANOKE, VA 24011 Account Number 6011439 Date January 08, 2019 Date Category Description Ad Size Total Cost 01/14/2019 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 279 L 2,614.48 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: 01101.01/08/2019 The First insertion being given ... 01/01/2019 Newspaper reference: 0000873282 Billing Representative Sworn to and subscribed before me this Tuesday, January 8, 2019 v Nota cENN State Virginia ROTARY City/County of Roanoke /� : PUBLIC My Commission expires _ * ; REG. X332964 N1Y CONIM'i5Si0IN �n �✓, E, PIRrS q� Qa IHib IJ NUI A BILL. r•LCAJC rAT rr%VIVI nAvV!%.L— "MI'l vv '11181II01. PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Charn- ber, 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 Ave- nue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commis- sion will hold a public hearing on Janu. ary 14, 2019, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following mat. tens: Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roa- noke (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clar- ify and make the City's zoning ordi- nance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a com- prehensive rezoning or change of any densities that would decrease permit led density in any district, unless oth- ervise noted (see Sec. 36.2 -261. Estab- lishment of distri,.ts, for full namr, of zoning districts cited herein by their re spectivc abbrrviations) : Table 205 -1, Permitted yard encroach ments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205 -2, Application of maximum front yard requirements, to update the contents of Table 2052 for 50 percent of the fapade to be within the maxi mum front yard. Section 36 -2 -311. Use table for residen- tial districts, to allow multifamily dwellings with 10 or fewer units by right in RM 2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM -2 and by right in RMF Section 36.2 312, Dimensional regula tions for residential districts, to reduce the minimum rear yard requirement fe the R -12 district to 15 feet Section 36.2 -315, Use table for multiple purpose districts, to replace dwelling, multifamily with two classes of dwell ing, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting 11 or more units in the MX and CN dis. tricts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D. and OF districts; and to add kennel, no outdoor pens or runs as a Permitted use in the D district, and to add kennel, outdoor pens or runs by special exception in the D district. Section 36.2 -316, Dimensional regula tions for multiple purpose districts, to add an asterisk to the fa4ade transpar- ency requirement in the CG district, thereby making a 20 10 standard apply for certain residential uses. Section 36.2 -322, Use table for industri- al districts, to add certain residential uses as permitted by special exception: and to add pet grooming as a permit- ted use in the 1 -1 district. Section 36.2 -328, Dimensional regula- tions for planned unit development dis- tricts, to remove the density minimum for all planned unit development dis. tricts. Section 36.2 -530, Certificates of appro- priateness, to remove Section 36.2 -530 (c)(4) related to consideration of amended applications. Section 36.2 -642, General landscaping and screening standards, Section 36.2- 642 (b)(1), to create a reference to a tree list and specifications approved and published by the zoning adminis trator and delete Table 642 .1, Trees: Approved Plant List, Minimum Sire at Planting, 27 Year Canopy and 5uitabdi ty Section 36.2644 (a). Overall tree cano py requirements, replace reference to Table 642.1 with the proposed tree list and specifications approved and pub lished by the zoning administrator and eliminate reference to Manual of Woody Landscape Plants, Section 36.2652 (c), Reduction fur proximity to public transit, to rema", "nonresidential - so section applies to all uses. Table 652 -2, Requimd Park;cg Spac,;,, to correct figures for various residi,n teal dwelling types, Table `054 -1, Parking and Loading Area Standards, to modify the driveway parking location relative to principai structures. Section 361 -816, Rules and records, to change "calendar" year to 'fiscal" year Section 36.2826, Rules and records, to change -'calendar" year to "fiscal" year Section 36.2 -840, Generally: establish- ment, to add language to authorize the appointment of a Deputy Zoning Ad- ministrator. The proposed amendments are availa ble for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http: /.hoanoke va. gov /planningcommission. Seven Hills Investment Properties, LLC requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN. Cam mercial- Neighborhood District, to CG, Commercial - General District, with con ditions. The use classes permitted in the Commercial - General District in elude accommodations and group liv- ing; commercial; warehousing and dis tribution; industrial; assembly and en- tertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The city's comprehensive plan designa- tes the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use build- ing to include residential dwelling units and a laundromat. An application filed by the City of Roa noke requests the vacation of a portion of Denniston Avenue. S.W., from its in- tersection with the southern side of Memorial Avenue, S.W., at an approxi- mate width of 133 feet, to its intersec- tion with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approxi- mately 163 feet along the northern side Of Denniston Avenue. adjacent to 1742 Memorial Avenue, S.W, Official Ta, Map No. 1330401, and for a di;tancr of approximately 275 feet along th, southern side of O,nnnistun Avenue ad jacent to 0 Dennistun Avenuo S v, Of ficial Tar Map No 1330606 An application filed by the City of Roa nuke seeks to rezone 1742 Memorial Avenue, S.W.. Official Tax Map No 1330401, from Commercial Neighbor hood District (CN) to Institutional Plan- ned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, from Commercial- Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a pone,,) of 1810 Denniston A Pnue. S.W., Official Tax Map No- 1330631. from Residential Mixed Density District (RNI -2) to Institutional Planned Unit De- velopment District (INPUD), and a por tion of the Denniston Avenue right -of -way to be vacated between these_ par- cels (bearing Official Tax Map Nus, 1330401, 1330606, and 1330631) from Residential Mixed Density District (RNI 1), Residential Mixed Density District (RM -2) and Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning appli- cation titled "Area to be re -zoned to INPUD" that shows the parcels and per tions thereof to be rezoned, which is available for review in the Department of Planning, Building, & Development, Room 170, Noel C. Taylor Municipal Building, and online at http: / /roanokev a gov /planningcommission. The land use categories permitted in Institution- al Planned Unit Development District (INPUD) include residential; accommo- dations and group living; commercial: assembly and entertainment; public, institutional and community: transpor- tation; utility; agricultural; and acces spry uses. The comprehensive plan designates the property for Residential Mixed Density District (RM -1), Residen 631 Mixed Density District (RM -2) and Commercial- Neighborhood District (CN). The proposed use is a ne,, fire station for the City, providing emergen- cy services and other governmenta! services. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on January 22, 2019, 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. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 (cast fi- days prior to this scheduled public h;:1-arin9,s St'rphanr M City Ckjr (8 -3251 PUBLIC HEARING NOTICE PUBLIC HFARING 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 January 14, 2014, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: Proposed amendments to Chapter 36.2, Zonin 1, 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 (sec See. 36.2 -201. Establishment of districts, for full name of zoning; districts cited herein by their respective abbreviations): Table 205 -1 Permitted yard encroachments, to remove the limitation on the encroachment of a handicap ramp into a front yard. Table 205-2. Application of maximum front yard requirements, to update the contents of Table 205 -2 for 50 percent of the facade to be within the maximum front yard. Section 36.2 -311 Use table for residential districts, to allow multifamily dwellings with 10 or fewer units by right in RM -2 and RMF and to allow multifamily dwellings with 11 or more units by special exception in RM -2 and by right in RMF. Section 36.2 -312 Dimensional regulations for residential districts, to reduce the minimum rear yard requirement in the R -12 district to 15 feet. Section 36.2-315. Use table far multiple Furore districts, to replace dwelling, multifamily with two classes of dwelling, multifamily based on the number of units and permitting 10 or fewer units in the MX, CN, CG, CLS, D, and OF districts, as of right, and permitting 11 or more units in the MX and CN districts by special exception and in the CG, CLS, D, and OF districts as of right; to add Dwelling, townhouse or rowhouse as a permitted use in the CG and CLS districts; to add animal shelter as a special exception use in the CG, CLS, D, and OF districts; and to add kennel, no outdoor pens or runs as a permitted use in the D district, and to add kennel, outdoor pens or runs by special exception in the D district. Seven Hills Investment Properties, LLC, requests to rezone property located at 3162 Williamson Road, N.W., Official Tax Map No. 2070143, from CN, Commercial - Neighborhood District, to CG, Coin merei al -Gencral District, with conditions. The use classes pcnnitted in the Commercial - General District include accommodations and group living; commercial; warehousing and distribution; industrial; assembly and entertainment; public, institutional and community facilities; transportation. utility; agricultural; and accessory; with no maximum density specified and a maximum Floor area ratio of 5.0. The city's comprehensive plan designates the property for small and medium scale commercial. The proposed use by the applicant is a mixed -use building to include residential dwelling units and a laundromat. An application filed by the City of Roanoke requests the vacation of a portion of Denniston Avenue, S.W., from its intersection with the southern side of Memorial Avenue, S.W., at an approximate width of 133 feet, to its intersection with the western side of Our Street, S.W., at an approximate width of 89 feet, for a distance of approximately 163 feet along the northern side of Denniston Avenue adjacent to 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, and for a distance of approximately 275 feet along the southern side of Denniston Avenue adjacent to 0 Denniston Avenue, S.W., Official Tax Map No. 1330606. An application filed by the City of Roanoke seeks to rezone 1742 Memorial Avenue, S.W., Official Tax Map No. 1330401, from Commercial - Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD), a portion of 0 Denniston Avenue, S.W., Official Tax Map No. 1330606, from Commercial - Neighborhood District (CN) and Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), a portion of 1810 Denniston Avenue, S.W., Official Tax Map No. 1330631, from Residential Mixed Density District (RM -2) to Institutional Planned Unit Development District (INPUD), and a portion of the Denniston Avenue right-of-way to be vacated between these parcels (bearing Official Tax Map Nos. 1330401, 1330606, and 1330631) from Residential Mixed Density District (RM -1), Residential Mixed Density District (RM -2) and Commercial- Neighborhood District (CN) to Institutional Planned Unit Development District (INPUD). The City filed a plat with its rezoning application titled "Area to be re -zoned to INPUD" that shows the parcels and portions thereof to be rezoned, which is available for review in the Department of Planning, Building, & Development. Room 170, Noel C. Taylor Municipal Building, and online at . The land use categories permitted in Institutional Planned Unit Development District (iNPUD) include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community: transportation; utility, agricultural; and accessory uses. The comprehensive plan designates the property for Residential Mixed Density District (RM -1), Residential Mixed Density District (RM- 2) and Commercial - Neighborhood District (CN). The proposed use is a new fire station for the City, providing emergency services and other governmental services. Tina M. Carr, Secretary, City Planning; Commission City Council will hold public hearings on the albresaid matters on January 22, 2019, 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. Citizens arc advised that the date on which these matters will be heard is a departure from the usual date on which such matters arc heard by City Council. 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 Please publish in newspaper on Tuesday, January 1, 2019, and Tuesday, January 8, 2019. 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 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 22nd day of January, 2019. No. 41371- 012219. AN ORDINANCE authorizing the City Manager to execute the Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Greater Roanoke Transit Company ( "City and GRTC Exchange Agreement ") to provide for (i) the sale and transfer of the GRTC Relocation Parcels, as described below, to Greater Roanoke Transit Company ( "GRTC ") from the City of Roanoke, Virginia ( "City "), and (ii) the acquisition of Campbell Court, as described below, by the City from GRTC; and dispensing with the second reading of this ordinance by title. WHEREAS, pursuant to the authority set forth in the Charter of the City of Roanoke and applicable provisions of the Code of Virginia, the City created GRTC and established GRTC to provide bus transportation services for the public; WHEREAS, GRTC owns the transportation center, known as Campbell Court and more particularly described below and in the City Council Agenda report dated January 22, 2019, and GRTC desires to construct a new transportation center within the City; WHEREAS, the City has negotiated an Agreement for the Purchase and Sale of Real Estate (the "GRTC Relocation Parcels Agreement ") with Brandon, Woody and Booker, LLC ( "LLC Seller ") and The Brandon Company, Incorporated ( "Company Seller ") under which agreement the City will acquire the four parcels of real estate (collectively referred to as the "GRTC Relocation Parcels ") and described as: to (1) 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010113; and 325 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 101011.5, currently owned by LLC Seller; and (ii) 0 Salem Avenue, S.W., Roanoke Virginia, bearing Official Tax Map No. 1010121; and 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010122, owned by Company Seller, for the purpose of providing a site at which GRTC may construct a new transportation facility; WHEREAS, City Council adopted Ordinance No. 41345- 010719, on January 7, 2019, to authorize the City to execute, deliver, and perform the GRTC Relocation Parcels Agreement; WHEREAS, the City and GRTC Exchange Agreement provides for the sale, exchange, and transfer of the GRTC Relocation Parcels from the City to GRTC in exchange for the transfer of Campbell Court, the transit facility owned by GRTC, consisting of 13 parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue, S.W. and 30 Salem Avenue, S.W., Roanoke, VA 24011, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129 ( "Campbell Court"), from GRTC to the City; WHEREAS, subject to approval of City Council, the City intends to sell, transfer, and exchange its rights in Campbell Court with Hist:Re Partners, LLC ( "Developer ") in accordance with a proposed Agreement for Exchange of Real Property between the City and Developer ( "City and Developer Exchange Agreement ") in order to acquire property on which the City may operate a passenger rail station for use by the public ( "Future Rail Station Parcels "); WHEREAS, the obligations and rights of the City and GRTC under the City and GRTC Exchange Agreement are subject to the City's acquisition of the GRTC Relocation Parcels under the terms of the GRTC Relocation Parcels Agreement; and WHEREAS, a public hearing was held on January 22, 2019, pursuant to Sections 15.2- 1800.13 and 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 the proposed City and GRTC Exchange Agreement. 2 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the City and GRTC Exchange Agreement with the Greater Roanoke Transit Company, for the sale, transfer, and exchange of Campbell Court by GRTC to the City, and the sale, transfer, and exchange of the GRTC Relocation Parcels by the City to GRTC, as further set out in the City Manager's Council Agenda Report dated January 22, 2019. The City and GRTC Exchange Agreement is to be substantially similar to the City and GRTC Exchange Agreement attached to the Agenda Report, and such City and GRTC Exchange Agreement is to be in a form approved by the City Attorney. 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the sale and transfer of the GRTC Relocation Parcels to GRTC in accordance with the terms of the City and GRTC Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the sale and transfer of the GRTC Relocation Parcels to GRTC. 3. The City Manager is further authorized to execute such further documents, including an acceptance of a Special Warranty Deed of Conveyance from GRTC transferring Campbell Court to the City in accordance with the teens of the City and GRTC Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the acquisition of Campbell Court by the City. The City Manager is authorized to expend such sums as provided in the City and GRTC Exchange Agreement for the acquisition of Campbell Court, including costs for title searches, environmental testing, appraisal costs, closing costs and such other expenses, from available funds in the account for this project without further action of City Council. 3 4. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such actions as may be necessary to implement, administer, and enforce such City and GRTC Exchange Agreement, with any such documents being approved as to form by the City Attorney. 5. Pursuant to provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . j�,� DD//Q� J���"�' City Clerk. IN To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: Public Hearing for Sale of Real Estate to Greater Roanoke Transit Company (GRTC) and Authorization for the Acquisition of Campbell Court by the City from GRTC Background: Pursuant to the authority set forth in the Charter of the City of Roanoke and applicable provisions of the Code of Virginia, the City created GRTC and established GRTC to provide bus transportation services for the public. GRTC owns the City's transportation center, known as Campbell Court and more particularly described below, and GRTC desires to construct a new transportation center within the City. The City has negotiated an agreement under which the City will acquire four parcels of real estate to relocate the GRTC central transit transfer facility from Campbell Court (collectively, the "GRTC Relocation Parcels ") and described as: (i) 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010113; and 325 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010115, owned by Brandon, Woody and Booker LLC; and (ii) 0 Salem Avenue, S.W., Roanoke Virginia, bearing Official Tax Map No. 10101 21 ; and 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 10101 22, owned by The Brandon Company, Incorporated for the sum of $2,185,000 (the "GRTC Relocation Parcels Agreement "). The GRTC Relocation Parcels Agreement allows the City and GRTC to conduct inspections of the GRTC Relocation Parcels, including environmental, geotechnical, and title, to confirm the suitability of the GRTC Relocation Parcels for use and operation of a central transit transfer facility for GRTC. The GRTC Relocation Parcels Agreement is subject to authorization by City Council and approval by the Federal Transit Administration (FTA). The GRTC Relocation Parcels Acquisition Agreement contemplates a closing by June 30, 2019. City Council adopted Ordinance No. 4134S-01071 9, on January 7, 2019, to authorize the City to execute, deliver, and perform the GRTC Relocation Parcels Agreement. Subsequent to the City acquiring the GRTC Relocation Parcels, the attached proposed agreement provides for the transfer of the GRTC Relocation Parcels from the City to GRTC in exchange for the transfer of Campbell Court, the transit transfer facility owned by GRTC, consisting of 13 parcels within the City, together with improvements thereon, situated at 29 Campbell Avenue, S.W. and 30 Salem Avenue, S.W., Roanoke, VA 24011, and bearing Official Tax Map Nos. 101 1 105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, from GRTC to the City. Such exchange is more particularly described in a proposed Agreement for the Exchange of Real Estate between the City and GRTC, (the "City and GRTC Exchange Agreement "). The proposed City and GRTC Exchange Agreement is contingent on (i) the City's acquisition of the GRTC Relocation Parcels; and either (ii) construction of a temporary central transit transfer facility by GRTC on the GRTC Relocation Parcels if the City and Hist:Re Partners LLC ( "Developer ") proceed with an agreement involving the redevelopment of Campbell Court by Developer and the acquisition and development of a passenger rail facility by the City ( "City and Developer Exchange Agreement "); or (iii) construction of a permanent central transit transfer facility if the proposed City and Developer Exchange Agreement terminates during the inspection periods set forth in that agreement. The proposed City and GRTC Exchange Agreement is subject to (a) approval by City Council following a public hearing; (b) approval by the GRTC Board of Directors; (c) approval by the City as stockholder of GRTC; and (d) approval by FTA. The GRTC Board of Directors is considering this matter at its meeting on January 22, 2019, at 1 :00pm and the GRTC Stockholder is considering the matter at a special meeting set for January 22, 2019, at 6:30pm. The closing of this transaction is dependent upon whether the proposed transaction between the City and Developer is finalized. If finalized, the closing could occur in 2019 or 2020. If that transaction does not occur, the closing would occur after construction of the permanent facility is completed; likely in 2020 or 2021. The proposed GRTC Exchange Agreement is subject to approval by Council following the public hearing. Recommended Action: Following the public hearing and subject to comments made at the public hearing, authorize the City Manager to execute the proposed City and GRTC Exchange Agreement, which proposed agreement includes the transfer of Campbell Court from GRTC to the City. Such City and GRTC Exchange Agreement shall be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents, including a Special Warranty Deed of Conveyance for the sale and transfer of the GRTC Relocation Parcels to GRTC in accordance with the terms of the City and GRTC Exchange Agreement and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the sale and transfer of the GRTC Relocation Parcels to GRTC. 2 Authorize the City Manager to execute such further documents, including an acceptance of a Special Warranty Deed of Conveyance from GRTC transferring Campbell Court to the City in accordance with the terms of the City and GRTC Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and GRTC Exchange Agreement, and complete the acquisition of Campbell Court by the City. Authorize the City Manager to expend such sums as provided in the City and GRTC Exchange Agreement for the acquisition of Campbell Court, including costs for title searches, environmental testing, appraisal costs, closing costs and such other expenses, from available funds in the account for this project without further action of City Council. ----------------- - - -- - - -- 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 Robert Ledger, Acting Director, Economic Development Kevin Price, General Manager, GRTC 3 DRAFT DATE: January 14, 2019 AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE, VIRGINIA AND GREATER ROANOKE TRANSIT COMPANY THIS AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE, VIRGINIA AND GREATER ROANOKE TRANSIT COMPANY ( "Agreement ") is made this day of January, 2019, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "City "), and GREATER ROANOKE TRANSIT COMPANY, a Virginia corporation ( "GRTC "). RECITALS A. GRTC is the owner of thirteen (13) parcels of real property, together with buildings and improvements thereon, situated in Roanoke, Virginia, known as Campbell Court, and being more particularly described in Exhibit A attached hereto and made a part hereof ( "Campbell Court"). B. GRTC, a corporation in which the City is the sole stockholder, provides bus transportation services to the public throughout the areas of the City of Roanoke, the City of Salem, and the Town of Vinton. Campbell Court serves as the central bus transit facility for all such bus transportation services. C. GRTC is interested and desires in relocating its central bus transit facility from Campbell Court. D. The City is interested in acquiring Campbell Court for future potential development as proposed in an agreement between the City and Hist:Re Partners, LLC, a Virginia limited liability company ( "Developer "), as more particularly described in an Agreement dated January , 2019, ( "City and Developer Exchange Agreement "), or other development opportunities if the transactions contemplated by the City and Developer Exchange Agreement are not consummated. E. GRTC is willing to sell Campbell Court and relocate its central bus transit facility within the City of Roanoke provided the transaction does not disrupt the daily bus transit operations of GRTC. F. The City has entered into an agreement with the GRTC Relocation Parcels Owners of four (4) parcels of real property, together with improvements thereon, situated in Roanoke, Virginia and more particularly described in Exhibit B attached hereto and made a part hereof, ( "GRTC Relocation Parcels "), to acquire the GRTC Relocation Parcels for the purposes of relocating GRTC's central bus transit facility from Campbell Court. G. The City proposes to acquire the GRTC Relocation Parcels; and either (1) allow GRTC to construct a Temporary Transit Facility at the GRTC Relocation Parcels; and, upon completion of the Temporary Transit Facility, transfer and exchange all of the City's rights, title, DRAFT DATE: January 14, 2019 and interest in the GRTC Relocation Parcels to GRTC in exchange for the transfer and exchange of all of GRTC's rights, title and interest in Campbell Court; or (2) allow GRTC to construct the Permanent Transit Facility at the GRTC Relocation Parcels and, upon completion of the Permanent Transit Facility, transfer and exchange all of the City's rights, title, and interest in the GRTC Relocation Parcels to GRTC in exchange of all of GRTC's rights, title, and interest in Campbell Court. H. Subject to the terms and conditions of this Agreement, (i) the City is willing to sell, convey, and transfer all of the City's rights, title, and interest in the GRTC Relocation Parcels to GRTC, (ii) GRTC is willing to acquire the GRTC Relocation Parcels from the City, (iii) GRTC is willing to sell, convey, and transfer all of GRTC's rights, title, and interest in Campbell Court to the City, and (iv) the City is willing to acquire the Campbell Court from GRTC. I. The City and GRTC agree to set forth their agreements and understandings in accordance with this Agreement. THEREFORE, based upon the mutual covenants, agreements, and understandings set forth in this Agreement, including the Recitals set forth above and which Recitals are incorporated herein and constitute a material part of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the City and GRTC agree as follows: ARTICLE I DEFINITIONS All capitalized terms, not otherwise defined in this Agreement, shall have the following meanings: 1.1 Agreement shall mean this Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Greater Roanoke Transit Company. 1.2 Applicable Law shall mean all federal, state, and local laws, rules, regulations, or ordinances that affect or otherwise apply to the transactions contemplated by this Agreement. 1.3 Approvals shall mean all licenses, pennits, and other approvals under Applicable Law required or deemed necessary to develop, construct, operate, and maintain the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement. 1.4 Business Days shall mean a Day or Days other than a Saturday, Sunday, or a holiday established under the laws of the United States of America or the Commonwealth of Virginia. 2 DRAFT DATE: January 14, 2019 1.5 Campbell Court shall mean those certain parcels of real estate together with buildings and improvements thereon, owned by GRTC, and more particularly described in Exhibit A attached hereto and made a part hereof. 1.6 Campbell Court Deed shall mean the special warranty deed from GRTC to the City conveying title of Campbell Court to the City. 1.7 Campbell Court Purchase Price shall mean the execution, delivery, acceptance and recording of the GRTC Relocation Parcels Deed to effectuate the transfer of the GRTC Relocation Parcels by the City to GRTC. 1.8 Certificate of Occupancy shall mean the permanent certificate issued by the City of Roanoke's Department of Planning, Building and Development which authorizes GRTC to use, occupy, and operate the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement, at the GRTC Relocation Parcels. 1.9 City shall mean the City of Roanoke, Virginia, a Virginia municipal corporation. 1.10 City and Developer Exchange Agreement shall mean the agreement between the City and Developer dated January , 2019, under which agreement the City would sell and transfer all of the City's rights, title, and interest in Campbell Court to Developer; and Developer would sell and transfer all of Developer's rights, title, and interest in the Future Rail Station Parcels to the City. 1.11 City's Approval Period shall mean the period of 90 Days beginning after the expiration of the City's Inspection Period. 1.12 City's Inspection Period shall mean the period of 180 Days after the Effective Date. 1.13 City Manager shall mean the person appointed by the Roanoke City Council as City Manager or the person designated by City Manager to act on behalf of the City Manager. 1.14 Closing shall mean the date on which the transactions contemplated by this Agreement for (i) the transfer of Campbell Court to the City, and (ii) the transfer of the GRTC Relocation Parcels to GRTC. 1.15 Days or Days shall mean a calendar day beginning and ending at the prevailing time in Roanoke, Virginia. 1.16 Developer shall mean Hist:Re Partners, LLC, a Virginia limited liability company. 1.17 Effective Date shall mean the date set forth at the beginning of this Agreement. 3 DRAFT DATE: January 14, 2019 1.18 Future Rail Station Facility shall mean the facility to be improved by the City located on the Future Rail Station Parcels and at which facility services for passengers of rail transportation will be provided. 1.19 Future Rail Station Parcels shall mean those parcels of real property, together with improvements thereon, situated in Roanoke, Virginia, and more particularly described in Exhibit C attached hereto and made a part hereof. 1.20 Future Rail Station Parcels Owner shall mean T -W Properties, a Virginia partnership. 1.21 Government Entity shall mean any federal, state, or local governmental body, agency, board or commission. 1.22 GRTC shall mean Greater Roanoke Transit Company, a Virginia corporation. 1.23 GRTC Relocation Expenses Past shall mean the sum of Five Hundred Thousand Dollars ($500,000.00) to be paid by Developer to the City in accordance with Section 3.2 of the City and Developer Exchange Agreement. 1.24 GRTC Relocation Parcels shall mean those parcels of real property, together with improvements thereon, described in Exhibit B attached hereto and made a part hereof. 1.25 GRTC Relocation Parcels Agreement shall mean that agreement by and among the City and the GRTC Relocation Parcels Owners dated January , 2019, under which the City will purchase and acquire all rights, title, and interests of the GRTC Relocation Parcels Owners in the GRTC Relocation Parcels. 1.26 GRTC Relocation Parcels Closing Date shall mean the date on which the City acquires the GRTC Relocation Parcels pursuant to the terms of the GRTC Relocation Parcels Agreement which date shall be no later than June 30, 2019, unless otherwise extended under the terms of that agreement. 1.27 GRTC Relocation Parcels Deed shall mean the special warranty deed from the City to GRTC conveying title of the GRTC Relocation Parcels to GRTC. 1.28 GRTC Relocation Parcels Owners shall mean the owners of the GRTC Relocation Parcels identified in Exhibit B attached hereto and made a part hereof. 1.29 GRTC's Approval Period shall mean the period of 90 Days beginning after the expiration of GRTC's Inspection Period. 1.30 GRTC's Construction Right of Entry Agreement shall mean the agreement between the City and GRTC under which agreement the City grants to GRTC and its employees, contractors, and subcontractors, the rights to enter onto the GRTC Relocation Parcels and constrict either (1) the Temporary Transit Facility, or (ii) the Permanent Transit Facility; as provided in Sections 4.2 and 4.3 of this Agreement. 4 DRAFT DATE: January 14, 2019 1.31 GRTC's Inspection Period shall mean the period of 180 Days after the Effective Date. 1.32 Parties shall mean the City and GRTC. 1.33 Party shall mean either the City or GRTC. 1.34 Permanent Transit Facility shall mean the permanent central bus transit facility to be constructed by GRTC at the GRTC Relocation Parcels in accordance with this Agreement. 1.35 Temporary Transit Facility shall mean the temporary central bus transit facility to be constructed by GRTC at the GRTC Relocation Parcels in accordance with this Agreement. 1.36 Title Company shall mean Fidelity National Title Insurance Company or any nationally recognized title insurance company (i) acceptable to the City with respect to Campbell Court; or (ii) acceptable to GRTC with respect to GRTC Relocation Parcels. ARTICLE II PRELIMINARY STATEMENT 2.1 GRTC desires to relocate its central bus transit facility from Campbell Court. The City desires to establish a Future Rail Station Facility in the area of Downtown Roanoke, proximate to the existing platform for passenger rail service within Roanoke. In furtherance of these desires, the City has entered into the following transactions: 2. 1.1 GRTC Relocation Parcels Agreement. Under the terms of the GRTC Relocation Parcels Agreement, the City proposes to acquire the GRTC Relocation Parcels by the GRTC Relocation Parcels Closing Date. The transactions contemplated in the GRTC Relocation Parcels Agreement are subject to certain conditions, including FTA Approval. Under the terms of the GRTC Relocation Parcels Agreement, the City may waive the requirement of FTA Approvals and acquire the GRTC Relocation Parcels for uses other than as a Temporary Transit Facility or a Permanent Transit Facility. 2.1.2 City and Developer Exchange Agreement. Under the terms of the City and Developer Exchange Agreement, the City proposes to transfer all of its rights, title, and interests in Campbell Court acquired by the City under this Agreement with Developer in exchange for the transfer of all of Developer's rights, title, and interest in the Future 5 DRAFT DATE: January 14, 2019 Rail Station Parcels. The transactions contemplated under the City and Developer Exchange Agreement are anticipated to close after the dates on which (i) the elections of the City and Developer to proceed with the transactions after completion of their respective inspections under the City and Developer Exchange Agreement are made; and (ii) closing of this Agreement under Section 12.1 hereof. 2.2 GRTC and the City intend to seek FTA Approvals for the relocation of the central bus transit operations from Campbell Court to the GRTC Relocation Parcels and, upon receipt of FTA Approvals, and satisfaction of all other applicable conditions and terms of this Agreement, the City and GRTC intend to execute GRTC's Construction Right of Entry Agreement to allow GRTC to construct the Permanent Transit Facility at the GRTC Relocation Parcels prior to Closing, in the event that the City and Developer Exchange Agreement is terminated for any reason 2.3 The City and GRTC agree to cooperate with each other in facilitating their mutual intents and objections as expressed and set forth in this Agreement. ARTICLE III PURCHASE AND SALE 3.1 Subject to the terms and conditions of this Agreement, GRTC agrees to sell, and the City agrees to purchase Campbell Court in its "as is" condition. 3.2 Subject to the terms and conditions of this Agreement, the City agrees to sell, and GRTC agrees to purchase the GRTC Relocation Parcels in their "as is" condition. ARTICLE IV RELOCATION OF GRTC OPERATIONS 4.1 Relocation of GRTC Operations. Under the terms of the City and Developer Exchange Agreement, Developer requires that the GRTC central bus transit operations be relocated from Campbell Court prior to the closing set forth in such agreement. As set forth in the Recitals and Article II of this Agreement, GRTC also desires to relocate its central bus transit facilities from Campbell Court. In either event, such relocation requires (i) the approval of the United States Department of Transportation, Federal Transit Administration (FTA); (ii) the acquisition of the GRTC Relocation Parcels by the City; and (iii) either the construction of the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement. GRTC and the City shall diligently pursue approval of FTA and acquisition of GRTC Relocation Parcels from the GRTC Relocation Parcels Owners. In the event that (1) FTA fails to provide the FTA Approvals as described and defined in Article VI, or (ii) the City 6 DRAFT DATE: January 14, 2019 is unable to acquire the GRTC Relocation Parcels by the GRTC Relocations Parcels Closing Date, this Agreement will automatically terminate and be of no further force or effect. 4.2 In the event that (i) Developer and the City elect to proceed with the City and Developer Exchange Agreement following completion of their respective inspections and due diligence; (ii) the Parties receive the FTA Approvals; (iii) Developer pays the GRTC Relocation Expenses Payment to the City; and (iv) the City acquires the GRTC Relocation Parcels, the City shall make available to GRTC the GRTC Relocation Expense Payment for use in the construction of the Temporary Transit Facility and the relocation of GRTC's central bus transit operations from Campbell Court to the Temporary Transit Facility. The City and GRTC shall enter into GRTC's Construction Right of Entry Agreement for the purpose of constructing the Temporary Transit Facility. GRTC shall procure construction services in accordance with Applicable Law and commence construction of the Temporary Transit Facility. 4.3 In the event that (i) Developer or the City elects to terminate the City and Developer Exchange Agreement as a result of their respective inspections, and pursuant to such agreement, Developer is not obligated to provide the GRTC Relocation Expense Payment to the City; (ii) the FTA Approvals are received; and (iii) the City acquires the GRTC Relocation Parcels, the City and GRTC shall enter into GRTC's Construction Right of Entry Agreement for the purpose of constricting the Permanent Transit Facility. GRTC shall procure construction services in accordance with Applicable Law and commence constriction of the Permanent Transit Facility. ARTICLE V RIGHT OF ENTRY AND INSPECTION PERIODS PRIOR TO CLOSING 5.1 City's Right of Inspection 5.1.1 The City shall complete the City's due diligence review of Campbell Court during the City Inspection Period. Should the City determine during the City Inspection Period that it is not satisfied with Campbell Court or any characteristics thereof for any reason whatsoever, in the City's sole and absolute discretion, the City may terminate this Agreement by notifying GRTC in writing as soon as possible, but no later than five (5) Days after the end of the City's Inspection Period, of the City's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless the Parties mutually agree to modify this Agreement to address any such issue(s). The City shall provide GRTC with its objections to the title of 7 DRAFT DATE: January 14, 2019 Campbell Court, including without limitation, any easement, encumbrances, or restrictions of record (including all matters shown on the plat that depicts Campbell Court), within five (5) Days after the end of the City's Inspection Period. 5.1.2 In connection with the City's due diligence review referenced above, GRTC hereby grants to the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter Campbell Court, at any time during the City's Inspection Period, on not less than two (2) working days prior written notice to GRTC, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of Campbell Court, to otherwise perform the City's due diligence with respect to Campbell Court, and to store the City's property and equipment, on the following terms and conditions: 5.1.2.1 If the City exceeds its rights granted under Section 5.1 or fails to obtain and maintain the insurance required by Section 5.1, GRTC may immediately revoke its right of entry. 5.1.2.2 The City, to the extent permitted by law, agrees to be responsible for any and all damages resulting from the activity or activities of the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on Campbell Court in the exercise of the rights granted under this Section 5.1. The City shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 5.1 to a condition equal to that existing immediately prior to entry on Campbell Court if the City does not purchase Campbell Court. 5.1.2.3 The City shall require each of its contractors ( "City Contractors ") to indemnify and defend GRTC and the City from any loss, damage, or claim arising out of the City's access to Campbell Court pursuant to this Section 5.1 for the purpose of making tests, inspections, studies, and other investigations. The indemnity obligations of the City Contractors hereunder are conditioned on GRTC (i) promptly notifying the City and the City Contractors in writing of any claim; (ii) cooperating with the City and the City Contractors in the defense of the claim; and (iii) granting the City and the City Contractors sole control of defense or settlement of the claim at the sole cost and expense of the City Contractors. Under no circumstance shall the City Contractors be obligated to 8 DRAFT DATE: January 14, 2019 indemnify or defend GRTC for or from such party's own negligence or willful misconduct (which includes, without limitation, any breach by GRTC of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing. 5.1.2.4 The City shall, at its sole expense, obtain and maintain, or have the City Contractors 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 the City under this Section 5.1. The following policies and coverages are required: (i) Commercial General Liability. 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 the City's and /or City Contractors' acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering the City's and /or City Contractors' 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 5.1. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the City agrees to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against GRTC if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. 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 this Section 5.1 and shall be written on an occurrence basis. 9 DRAFT DATE: January 14, 2019 5.1.3 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 5. 1, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished by the City or the City Contractors to GRTC. 5.1.4 All insurance shall also meet the following requirements: The City and /or the City Contractors shall furnish to GRTC appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that GRTC, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that the City Contractors are able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by GRTC, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. The City and /or the City Contractors shall provide GRTC's General Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above - required insurance coverage. 5.1.5 The City, in performing its inspections on Campbell Court pursuant to this Section 5. 1, shall at all times comply with all Applicable Law. 5.1.6 On the request of GRTC, the City shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to GRTC. If GRTC so requests, the City shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to GRTC without charge. All such deliverables shall be without any warranties whatsoever, and neither the City nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to GRTC regarding such report or opinion, or any information contained therein, and GRTC may not rely on any such report or opinion, or any information contained therein. 5.2 GRTC's Right of Inspection. 5.2.1 GRTC shall complete GRTC's due diligence review of the GRTC Relocation Parcels during GRTC's Inspection Period. Should GRTC determine during GRTC's Inspection Period that it is not satisfied with the GRTC Relocation Parcels or any characteristics thereof for any reason whatsoever, in GRTC's sole and absolute discretion, GRTC may terminate this Agreement by notifying the City in writing as soon as possible, but no later than five (5) Days after the end of 10 DRAFT DATE: January 14, 2019 GRTC's Inspection Period, of GRTC's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless Parties, mutually agree to modify this Agreement to address any such issue(s). GRTC shall provide the City with its objections to the title of GRTC Relocation Parcels, including without limitation, any easements, encumbrances, or restrictions of record (including all matters shown on the plat that depicts the GRTC Relocation Parcels), within five (5) Days after the end of GRTC's Inspection Period. 5.2.2 In connection with GRTC's due diligence review referenced above, and pursuant to the authorization provided by the GRTC Relocation Parcels Owners pursuant to the GRTC Relocation Parcels Agreement, the City hereby grants to GRTC, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter on the GRTC Relocation Parcels at any time during GRTC's Inspection Period, on not less than two (2) working days prior written notice to the City and the GRTC Relocation Parcels Owners, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete a Phase I Environment Site Assessment and, if required by the Phase I Environmental Site Assessment, Phase II Environmental Site Assessments; or geotechnical assessments, or nondestructive engineering evaluations of the GRTC Relocation Parcels, to otherwise perform GRTC's due diligence with respect to the GRTC Relocation Parcels, and to store GRTC's property and equipment, on the following teens and conditions: 5.2.2.1 If GRTC exceeds its rights granted under Section 5.2, or fails to require GRTC's contractors to maintain and provide the insurance coverages provided herein, the City or the GRTC Relocation Parcels Owners may immediately revoke this right of entry. 5.2.2.2 GRTC, to the extent permitted by Applicable Law, agrees to be responsible for any and all damages resulting from the activity or activities of GRTC, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on GRTC Relocation Parcels in the exercise of the rights granted under this Section 5.2. GRTC shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 5.2 to a condition equal to that existing immediately prior to entry on any of the GRTC Relocation Parcels if GRTC does not purchase the GRTC Relocation Parcels. 5.2.2.3 GRTC shall require its contractors ( "GRTC Contractors ") to indemnify and defend the City and the GRTC Relocation Parcels Owners from any loss, damage, or claim arising out of GRTC's DRAFT DATE: January 14, 2019 access to any of the GRTC Relocation Parcels pursuant to this Section 5.2 for the purpose of making tests, inspections, studies, and other investigations. The indemnity obligations of GRTC Contractors hereunder are conditioned on the City or the GRTC Relocation Parcels Owners promptly notifying GRTC and the GRTC Contractors in writing of any claim; cooperating with GRTC Contractors in the defense of the claim; and granting GRTC Contractors sole control of defense or settlement of the claim at the sole cost and expense of GRTC Contractors. Under no circumstance shall GRTC Contractors be obligated to indemnify or defend the City or the GRTC Relocation Parcels Owners for or from the City or the GRTC Relocation Parcels Owner's own negligence or willful misconduct (which includes, without limitation, any breach by the City of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing. 5.2.2.4 GRTC shall require each of the GRTC Contractors who enter the GRTC Relocation Parcels under this Section 5.2, at the sole expense of such GRTC Contractors, to 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 GRTC under this Section 5.2. The following policies and coverages are required: (i) Commercial General Liabilitv. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of such contractor's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering such contractor's 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 5.2. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by 12 DRAFT DATE: January 14, 2019 disease (each employee). With respect to the Workers' Compensation coverage, GRTC agrees to require GRTC Contractors to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against the City if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. 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 this Section 5.2, and shall be written on an occurrence basis. 5.2.3 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 5.2, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished to the City. 5.2.4 All insurance shall also meet the following requirements: GRTC or the GRTC Contractors shall furnish to the City and GRTC Parcel Owners appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City, GRTC Relocation Parcels Owners, and their respective officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that GRTC Contractors are able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by the City's Risk Manager, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. GRTC Contractors shall provide the City with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above - required insurance coverage. 5.2.5 GRTC, in performing its inspections on GRTC Relocation Parcels pursuant to this Section 5.2, shall at all times comply with all Applicable Law. 5.2.6 On the request of the City, GRTC shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to the City and GRTC Relocation Parcels Owners. If the City or GRTC Relocation Parcels Owner so requests, GRTC shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to 1� DRAFT DATE: January 14, 2019 the City and GRTC Relocation Parcels Owners without charge. All such deliverables shall be without any warranties whatsoever, and neither GRTC nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to the City and GRTC Relocation Parcel Owner regarding such report or opinion, or any information contained therein, and the City and GRTC Relocation Parcels Owners may not rely on any such report or opinion, or any information contained therein. ARTICLE VI FTA APPROVAL 6.1 The Parties acknowledge and confirm that the transactions contemplated by this Agreement and the GRTC Relocation Parcels Agreement are subject to the prior review, consent and approval by FTA, on terms and conditions acceptable to the City and GRTC ("FTA Approvals "). In the event that FTA does not provide its consent and approval on terms and conditions acceptable to the City and GRTC by the expiration of GRTC's Inspection Period this Agreement shall terminate and neither Party shall have any further rights herein. 6.2 GRTC shall diligently pursue the FTA Approvals with FTA following the Effective Date. The City agrees to cooperate with GRTC in seeking the FTA Approvals. 6.3 The Parties acknowledge and agree that the FTA Approvals are an essential condition precedent under this Agreement for the benefit of GRTC and cannot, under any circumstance be waived by the Parties. ARTICLE VII GRTC APPROVALS 7.1 Upon (a) completion of GRTC's Inspection Period, (b) notification from GRTC that GRTC elects to proceed with the acquisition of the GRTC Relocation Parcels, (c) notification that the City desires to proceed with the acquisition of Campbell Court, and (d) the City has acquired the GRTC Relocation Parcels, GRTC shall, within GRTC's Approval Period seek and obtain all Approvals needed or deemed necessary for GRTC to construct, operate, and maintain (i) the Temporary Transit Facility at the GRTC Relocation Parcels; or (ii) the Permanent Transit Facility at the GRTC Relocation Parcels. 7.2 GRTC may extend the term of GRTC's Approval Period for an additional 90 Days provided that (1) GRTC is diligently pursuing all Approvals in good faith; and (ii) GRTC provides the City with notice of GRTC's election to extend the term of GRTC's Approval Period and such notice is provided to the City prior to the expiration of GRTC's Approval Period. 7.3 Upon the happening of the events set forth in Section 7.1 the Parties will execute GRTC's Construction Right of Entry Agreement with respect to construction of the Temporary DRAFT DATE: January 14, 2019 Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement. ARTICLE VIII CITY'S ACQUISITION OF GRTC RELOCATION PARCELS 8.1 By the GRTC Relocation Parcels Closing Date and prior to the Closing Date set forth in this Agreement, the City shall acquire good and marketable title, fee simple interest in each of the GRTC Relocation Parcels in accordance with the terms of the GRTC Relocation Agreement, a fully executed copy of which agreement has been reviewed and approved by GRTC. The City shall, at the City's cost and expense, obtain owner's title insurance policies for each of the GRTC Relocation Parcels, each policy insuring title of each of the GRTC Relocation Parcels without special exceptions and without standard conditions for (i) parties in possession; (ii) mechanics' liens; and (iii) matters that would be revealed by an accurate ground survey. The City shall provide to GRTC certified copies of the deeds transferring title to the GRTC Relocation Parcels to the City, as recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, together with fully executed copies of the title insurance policies. 8.2 The City shall hold title to the GRTC Relocation Parcels, free and clear of all liens, claims and encumbrances, and shall not voluntarily place, or involuntarily suffer, any deed of trust, lien, claim, or restriction from the date on which the City acquires title to the respective GRTC Relocation Parcels through and including the Closing. ARTICLE IX TITLE 9.1 Title to Campbell Court. The City's obligation to purchase Campbell Court at the Closing is conditioned on Campbell Court being conveyed by GRTC to the City by the Campbell Court Deed, free and clear of all restrictions, encumbrances, and liens except for such restrictions, encumbrances, and liens that constitute City Permitted Encumbrances. City Permitted Encumbrances with respect to Campbell Court means and includes the following: 9.1.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 9.1.2 The conditions set forth on the plats prepared by the City and which are acceptable to the City. 9.1.3 Easements, restrictions and encumbrances designated by the City in writing as being acceptable to the City following the City's review of the preliminary title report for Campbell Court and such other diligence as the City elects to perform. 1� DRAFT DATE: January 14, 2019 The City acknowledges and agrees that GRTC has no obligation to remove, amend or alter any easement, restriction, or encumbrance of record, other than to pay in full, the amount secured by a lien, deed of trust, or other encumbrance. GRTC shall satisfy, at its sole expense, such deed of trust, lien or encumbrance that may be removed and discharged as a matter of record and record evidence that lien, deed of trust or other encumbrance has been satisfied in full and discharged. The City's sole remedy is to accept title subject to such easement, restriction, or encumbrance as a City Permitted Encumbrance or terminate the Agreement. In the event that the City elects to terminate this Agreement, the City shall provide GRTC with written notice of such termination, and no Party shall have any further rights or obligations under this Agreement. Notwithstanding the foregoing, GRTC shall be obligated to terminate all leases, licenses, and permits to possess and use any portion of Campbell Court, including all leases identified in Exhibit D attached hereto and made a part hereof, and all permits, licenses and permission to park vehicles at Campbell Court. 9.2 Title to the GRTC Relocation Parcels. GRTC's obligation to purchase the GRTC Relocation Parcels at the Closing is conditioned upon all of the GRTC Relocation Parcels being conveyed by the City to GRTC by the GRTC Relocation Parcels Deed, free and clear of all restrictions, encumbrances, and liens, except for such restrictions, encumbrances, and liens that constitute the GRTC Permitted Encumbrances. GRTC Permitted Encumbrances with respect to the GRTC Relocation Parcels means and includes the following: 9.2.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 9.2.2 The conditions set forth on the plats prepared by GRTC, and acceptable to GRTC. 9.2.3 Easements, restrictions and encumbrances designated by GRTC in writing as being acceptable to GRTC following GRTC's review of the preliminary title report for GRTC Relocation Parcels and such other diligence as GRTC elects to perform. GRTC acknowledges and agrees that the City has no obligation to remove, amend or alter any easement, restriction, or encumbrance of record, other than to pay in full, the amount secured by a lien, deed of trust, or other encumbrance. The City shall satisfy, at its sole expense, such deed of trust, lien or encumbrance that may be removed and discharged as a matter of record and record evidence that lien, deed of trust or other encumbrance has been satisfied in full and discharged. GRTC's sole remedy is to accept title subject to such easement, restriction, or encumbrance as a GRTC Permitted Encumbrance or terminate the Agreement. In 16 DRAFT DATE: January 14, 2019 the event that GRTC elects to terminate this Agreement, GRTC shall provide the City with written notice of such termination, and no Party shall have any further rights or obligations under this Agreement. ARTICLE X CONDITIONS TO CLOSE THE SALE OF CAMPBELL COURT 10.1 Conditions to the City's Obligations to Close. The following are conditions precedent to the City's obligation to purchase Campbell Court: 10.1.1 The fulfillment to the City's reasonable satisfaction of GRTC's obligation to convey title to Campbell Court on the Closing Date to the City pursuant to the terms and conditions of this Agreement. 10.1.2 The City must be satisfied in its sole discretion with the results of its due diligence and inspection of Campbell Court. 10.1.3 GRTC must not be in default of GRTC's obligations under this Agreement, and GRTC's representations and warranties in this Agreement must remain true and correct as of the Closing. 10.1.4 The Title Company's commitment to issue, on payment of its normal premium, to the City, its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring the City in the amount of the Campbell Court Purchase Price in respect of Campbell Court and that title is vested in the City subject only to the City Permitted Encumbrances. All of the foregoing conditions are for the benefit of the City, and the City may choose, in the City's sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. 10.2 Conditions to GRTC's Obligation to Close. The following are conditions precedent to GRTC's obligation to sell Campbell Court to the City: 10.2.1 The City acquires all rights, title, and interest of the GRTC Relocation Parcel Owners in the GRTC Relocation Parcels in accordance with the terms and conditions of the GRTC Relocation Parcels Agreement. 10.2.2 Either (i) in the event that the City and Developer Exchange Agreement remains in force and effect and Developer has paid the GRTC Relocation Expenses Payment to the City, GRTC completes constnuction of the Temporary Transit Facility and GRTC receives Approvals, including the Certificate of Occupancy needed to occupy and operate its central bus transit operations at the Temporary Transit Facility; or (ii) in the event that the City and Developer Exchange Agreement has been terminated, GRTC completes construction of the Permanent 17 DRAFT DATE: January 14, 2019 Transit Facility and GRTC receives Approvals, including the Certificate of Occupancy needed to occupy and operate its central bus transit operations at the Permanent Transit Facility. 10.2.3 GRTC must be satisfied in its sole discretion with the results of its due diligence and inspections of the GRTC Relocation Parcels. 10.2.4 The City must not be in default of the City's obligations under this Agreement, and the City's representations and warranties in this Agreement must remain true and correct as of the Closing. All of the foregoing conditions are for the benefit of GRTC, and GRTC may choose, in its sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. 10.3 Conditions to Close on Campbell Court to which the City and GRTC are Subject Notwithstanding the conditions precedent to the City's obligation to close on the acquisition of Campbell Court by the City and the conditions precedent to GRTC's obligation to close on the transfer of Campbell Court to the City, the obligation of the Parties to close on the sale of Campbell Court are expressly subject to: 10.3.1 Receipt of the FTA Approvals, without conditions or restrictions unacceptable to the City or GRTC. Under no circumstances may either Party waive this condition. 10.3.2 The Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement, for use by GRTC has been substantially completed, available for use by GRTC in accordance with Applicable Law, including issuance of a Certificate of Occupancy to GRTC. 10.3.3 The Parties are prepared to close on the sale of the GRTC Relocation Parcels at Closing, subject only to the consummation of the transfer of Campbell Court to the City in accordance with this Agreement. ARTICLE XI CONDITIONS TO CLOSE THE SALE OF THE GRTC RELOCATION PARCELS 11.1 Conditions to GRTC's Obligation to Close. The following are conditions precedent to GRTC's obligation to purchase the GRTC Relocation Parcels: 11. ].1 The fulfillment to GRTC's reasonable satisfaction of the City's obligation to convey title to the GRTC Relocation Parcels on the Closing Date to GRTC pursuant to the terms and conditions of this Agreement. 18 DRAFT DATE: January 14, 2019 11. 1.2 GRTC shall have obtained, at GRTC's expense, all Approvals as applicable under Section 10.2.2 hereof. 11.1.3 GRTC must be satisfied in its sole discretion with the results of its due diligence and inspections of the GRTC Relocation Parcels conducted during GRTC's Inspection Period. 11.1.4 The City must not be in default of the City's obligations under this Agreement and the City's representations and warranties in the Agreement must remain true and correct as of the Closing. 11.1.5 The Title Company's commitment to issue, on payment of its normal premium, to GRTC its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring GRTC in the amount of the GRTC Relocation Parcels Purchase Price in respect to the GRTC Relocation Parcels that title to the GRTC Relocation Parcels is vested in GRTC subject only to GRTC Permitted Encumbrances. All of the forgoing conditions are for the benefit of GRTC, and GRTC may choose, in its sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. 11.2 Conditions to the City's Obligation to Close. The following are conditions precedent to the City's obligation to sell the GRTC Relocation Parcels to GRTC: 11.2.1 GRTC must not be in material default of GRTC's obligation under this Agreement. 11.2.2 GRTC's representations and warranties in this Agreement remain true and correct as of the Closing. All of the forgoing conditions are for the benefit of the City and the City may choose, in its sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. 11.3 Conditions to Close on GRTC Relocation Parcels to which the City and GRTC are Subject. Notwithstanding the conditions precedent on GRTC's obligation to close on the acquisition of the GRTC Relocation Parcels by GRTC, and the conditions precedent to the City's obligations to close on the transfer of the GRTC Relocation Parcels to GRTC, the obligation of the Parties to close on the GRTC Relocation Parcels is expressly subject to consummation of the transfer of Campbell Court to the City at the Closing in accordance with the terms and conditions of this Agreement. Under no circumstance may either Party waive this condition. 19 DRAFT DATE: January 14, 2019 ARTICLE XII CLOSING DATE 12.1 Closing Date. The Closing date shall occur prior to June 30, 2021 on a date selected by the City ( "Closing Date ") that is on the date which is the later to occur of (i) within thirty (30) Days to one hundred twenty (120) Days after satisfaction of all conditions set forth in Article X and XI of this Agreement; or (ii) Thirty (30) Days after GRTC (x) completes construction of the Temporary Transit Facility or the Permanent Transit Facility, as applicable under the terms of this Agreement, (y) receives a Certificate of Occupancy for the use and operation of the Temporary Transit Facility, or the Permanent Transit Facility, as applicable under the terms of this Agreement, and (z) vacates Campbell Court and commences its central bus transit operations at the GRTC Relocation Parcels. The City shall provide GRTC with not less than thirty (30) Days advance written notice of the Closing Date. The Closing shall occur at a mutually acceptable time (anticipated to be approximately 10:00 a.m. prevailing Roanoke, Virginia time) on the Closing Date in the Office of the City Attorney, or at such other location and time as the Parties shall approve. ARTICLE XIII CLOSING DELIVERABLES AND MECHANICS 13.1 GRTC's Obligations at Closing. On the Closing Date, GRTC shall (i) sell and convey Campbell Court to the City, and (ii) purchase and acquire the GRTC Relocation Parcels from the City, by delivering or causing to be delivered to the City the following: 13.1.1 The duly executed and acknowledged Campbell Court Deed conveying to the City Campbell Court in accordance with the provisions of this Agreement, in its "as is" condition without any representations or warranties with respect to the presence of hazardous materials. At the request of the City, GRTC shall convey Campbell Court to the City by using the survey of Campbell Court obtained by the City during the City's Inspection Period as the description in the Campbell Court Deed. 13.1.2 A mechanic's lien affidavit executed by GRTC, satisfactory to the Title Company, and to the effect that no work has been performed on Campbell Court by GRTC in the 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 in full. 13.1.3 Such documents as may be reasonably required by the Title Company to evidence that authority of the person(s) executing the various documents on behalf of GRTC in connection with the sale of Campbell Court. 20 DRAFT DATE: January 14, 2019 13.1.4 A written certification that GRTC's warranties and representations in Section 17.1 of this Agreement remain true and correct as of the Closing Date. 13.1.5 A duly executed counterpart of a closing statement for the Closing. 13.1.6 Any other documents or items to be delivered pursuant to this Agreement or other documents reasonably required by the Title Company and that do not include the payment of money, indemnity, or the assumption of any liability or obligation. 13.1.7 The title commitment from the Title Company agreeing to insure title to the GRTC Relocation Parcels, without standard exclusions or special exemptions, is vested, in fee simple in GRTC. 13.2 The City's Obligations at Closing. On the Closing Date, the City shall (i) purchase and acquire Campbell Court from GRTC, and (ii) sell and transfer the GRTC Relocation Parcels to GRTC, by delivering or causing to be delivered to GRTC the following: 13.2.1 The duly executed GRTC Relocation Parcels Deed, conveying to GRTC the GRTC Relocation Parcels in accordance with the provisions of this Agreement in their "as is" condition without any warranties or representations with respect to the presence of hazardous materials. At the request of GRTC, the City shall convey the GRTC Relocation Parcels to GRTC by using the survey of the GRTC Relocation Parcels obtained by GRTC during GRTC's Inspection Period as the description in the GRTC Relocation Parcels Deed. 13.2.2 A copy of the owner's title insurance policy, without standard exclusions or special exceptions, issued and effective, insuring fee simple title to the GRTC Relocation Parcels is vested in the City. 13.2.3 A mechanics' lien affidavit executed by the City, satisfactory to the Title Company, and to the effect that no work has been performed at the GRTC Relocation Parcels by the City in the 125 Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been perforned, it has been paid in full. 13.2.4 Such documents as may be reasonably required by GRTC to evidence the authority of the person(s) executing the various documents on behalf of the City in connection with this Agreement. 13.2.5 A written certification that the City's representations and warranties set forth in Section 17.2 of this Agreement remain true and correct as of the Closing Date. 21 DRAFT DATE: January 14, 2019 13.2.6 A duly executed counterpart of the closing statement for the Closing. 13.2.7 Any other documents required to be delivered pursuant to this Agreement or reasonably required by GRTC and that do not require (except as set forth in this Agreement) the payment of money, indemnity or the assumption of any liability or obligation. 13.2.8 The title commitment from the Title Company agreeing to insure title to Campbell Court, without standard exclusions or special exceptions, is vested in fee simple in the City. 13.3 Prorated Expenses. At the Closing, real property taxes, stormwater utility fees, and solid waste collection fees, if any, shall be prorated as follows, with respect to Campbell Court, GRTC shall be responsible for all amounts due prior to the Closing Date and the City being responsible for all periods thereafter; and with respect to the GRTC Relocation Parcels, the City shall be responsible for all amounts due prior to the Closing Date and GRTC being responsible for all periods thereafter. The settlement of such prorated expenses shall occur at the Closing or as soon thereafter as reasonably possible. 13.4 The City's Expenses. The City shall pay for (i) all costs of the City's investigations of Campbell Court, including but not limited to the City's examination of title; (ii) all attorneys' fees and expenses incurred by legal counsel for the City; (iii) any Grantee's tax and the recording charges required in connection with the Campbell Court Deed; (iv) the title insurance premium for issuance of the Title Policy for Campbell Court; and (v) Grantor's Tax, if any, for the transfer of the GRTC Relocation Parcels. The City shall also be responsible for all tenant relocation expenses for tenants at Campbell Court in the event that Developer fails to pay such expenses as required under the terms of the City and Developer Exchange Agreement. 13.5 GRTC's Expenses. GRTC shall pay for (i) all costs of GRTC's investigations of the GRTC Relocation Parcels; (ii) all attorneys' fees and expenses incurred by legal counsel for GRTC; (iii) any Grantee's tax and the recording charges required in connection with the GRTC Relocation Parcels Deed; (iv) the title insurance premium for issuance of the Title Policy for GRTC Relocation Parcels; and (v) Grantor's Tax, if any, for the transfer of Campbell Court. 13.6 Possession. 13.6.1 GRTC shall deliver exclusive possession of Campbell Court free and clear of all tenants, licensees, or permitees to the City on the Closing Date, subject to the provisions of this Agreement. 22 DRAFT DATE: January 14, 2019 13.6.2 The City shall deliver exclusive possession of the GRTC Relocation Parcels free and clear of all tenants, licensees, or permitees to GRTC on the Closing Date, subject to the provisions of this Agreement. ARTICLE XIV CONDEMNATION 14.1 The City has no actual knowledge of any pending or threatened condemnation of GRTC Relocation Parcels. However, if, after the Effective Date and prior to the Closing Date, all or any part of GRTC Relocation Parcels is subject to a bona fide threat of condemnation or condemned or taken by a Government Entity having the power of eminent domain or a transfer in lieu of condemnation, the City shall promptly notify GRTC in writing and within thirty (30) Days after receipt of written notice, either Party may, by written notice to the other party elect to cancel this Agreement 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 Agreement shall be deemed terminated and of no further force and effect. If no such election is made by either Party to cancel this Agreement, this Agreement 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 the City shall assign, transfer, and set over to GRTC all of the right, title, and interest of the City in and to any awards that have been or that may thereafter be made for any such taking or takings with respect to GRTC Relocation Parcels. 14.2 GRTC has no actual knowledge of any pending or threatened condemnation of the Campbell Court. However, if, after the Effective Date, and prior to the Closing Date, all or any part of the Campbell Court are subject to a bona fide threat of condemnation or condemned or taken by a Government Entity having a power of eminent domain or a transfer in lieu of condemnation, GRTC shall promptly notify the City in writing and within thirty (30) Days after receipt of written notice, either Party may, by written notice to the other, elect to cancel this Agreement prior to the Closing Date, in which event all Parties shall be relieved and released of any further duties, obligations, rights, or liabilities hereunder and this Agreement shall be deemed terminated and of no further force or effect. If no such election is made by either Party to cancel this Agreement, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken in condemnation or eminent domain, shall be effected without further adjustment and on the Closing Date, GRTC shall assign, transfer, and set over to the City all of the right, title, and interest of GRTC in and to any awards that have been made or may thereafter be made for any such taking or takings with respect to Campbell Court. 23 DRAFT DATE: January 14, 2019 ARTICLE XV RISK OF LOSS 15.1 Risk of loss by fire or other casualty for Campbell Court shall be on GRTC until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If Campbell Court is substantially damaged or destroyed before the Closing by such casualty, then either of the Parties may cancel this Agreement by giving written notice of such cancellation to the other Party and neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). In the event that neither Party cancels this Agreement, the City shall acquire Campbell Court in accordance with this Agreement and shall receive all proceeds of insurance. GRTC shall maintain fire and extended coverage insurance on Campbell Court in amounts and conditions currently in place, pending consummation of the Closing. 15.2 Risk of loss by fire or other casualty for the GRTC Relocation Parcels shall be on the City until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If the GRTC Relocation Parcels are substantially damaged or destroyed before the Closing by such casualty, then GRTC may elect to (i) acquire the GRTC Relocation Parcels and receive all proceeds of insurance received by the City; or (ii) cancel the Closing, in which event, neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). The City shall maintain fire and extended coverage insurance on the GRTC Relocation Parcels, after acquisition of the acquisition of the GRTC Relocation Parcels by the City, at the full replacement value, pending consummation of the Closing. ARTICLE XVI BROKER'S COMMISSIONS 16.1 The Parties represent, and warrant that they have 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. ARTICLE XVII REPRESENTATIONS AND WARRANTIES 17.1 GRTC's Representations and Warranties. GRTC represents and warrants, as of the Effective Date and as of the Closing, to the City, with respect to Campbell Court that: 17. 1.1 Title. GRTC is the legal and beneficial fee simple title holder of Campbell Court, and will have good, marketable title to Campbell Court, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, right -of- way, options, judgments, or other matters, subject only to the City Per7nitted 24 DRAFT DATE: January 14, 2019 Encumbrances. GRTC will convey Campbell Court to the City by Campbell Court Deed. 17.1.2 Special Taxes. Campbell Court is subject to the Downtown Service District special assessment set forth in Sections 32 -102 through 32- 102.4, Code of GRTC of Roanoke (1979), as amended. GRTC has no knowledge of, nor has it received notice of, any other special assessments or special taxes relating to Campbell Court or any part thereof. 17.1.3 Condemnation. GRTC 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 Campbell Court or the limiting or denying of any right of access thereto. 17.1.4 Hazardous Materials. GRTC makes no representations with respect to Campbell Court. 17.1.5 Leases. Campbell Court is subject to the Leases identified in Exhibit D attached hereto and made a part hereof. Such leases shall not be modified, amended, or extended without the prior written approval of the City. 17.1.6 Access. Access to Campbell Court is provided at Campbell Avenue, S.W., and Salem Avenue, S.W., public streets. 17.1.7 No Conflicts. GRTC's execution and performance of this Agreement does not (i) breach any other agreement to which GRTC is a party; or (ii) violate any law, judgment, or order to which GRTC is subject. 17.1.8 No Notice of Violation. GRTC has received no notice of any violation of the zoning requirements or other Applicable Law with respect to Campbell Court. 17.1.9 No Litigation. No litigation, claim, or arbitration is pending or, to the knowledge of GRTC, threatened, with regard to Campbell Court. 17.1.10 Corporate Status. GRTC is a Virginia corporation, qualified to conduct business and in good standing in Virginia, and has the right to own its assets and operate it business in the ordinary course. The stockholder of GRTC is the City of Roanoke, Virginia. The officers and directors of GRTC are: Robert S. Cowell, Jr., Vice- President of Operations Sherman M. Stovall, Assistant Vice - President of Operations Stephanie M. Moon Reynolds, Secretary Cecelia F. McCoy, Assistant Secretary Daniel J. Callaghan, General Counsel Amelia C. Merchant, Treasurer 25 DRAFT DATE: January 14, 2019 The proper officers of GRTC have been authorized to execute and perform this Agreement, the documents and agreements referred to in this Agreement, and take all actions necessary to effectuate this Agreement on behalf of GRTC. 17.2 City's Representation and Warranties. The City represents and warrants, as of the Effective Date and as of the Closing, with respect to GRTC Relocation Parcels, that: 17.2.1 Title. The City has legal, binding agreements to acquire the GRTC Relocation Parcels and, as of the GRTC Relocation Parcels Closing will be the legal and beneficial fee simple titleholder of GRTC Relocation Parcels and has good, marketable title to GRTC Relocation Parcels, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, rights of way, options, judgments, or other matters, created by the City, subject to the GRTC Permitted Encumbrances. The City will convey title to the GRTC Relocation Parcels to GRTC by the GRTC Relocation Parcels Deed. 17.2.2 Condemnation. The City 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 GRTC Relocation Parcels or the limiting or denying of any right of access thereto. 17.2.3 Special Taxes. The GRTC Relocation Parcels are subject to the Downtown Service District special assessment as set forth in Sections 32- 102 through 32- 102.4, Code of City of Roanoke (1979), as amended. The City has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the GRTC Relocation Parcels or any part thereof. 17.2.4 Hazardous Materials. The City makes no warranties, covenants, or representations of any type regarding hazardous materials of any type. 17.2.5 Access. Ingress to and egress from the GRTC Relocation Parcels is available and provided through Salem Avenue, S.W., and Norfolk Avenue, S.W., public streets. 17.2.6 No Conflicts. The City's execution and performance of this Agreement does not: (i) breach any other agreement to which the City is a party; or (ii) violate any law, judgment, or order to which the City is subject. 26 DRAFT DATE: January 14, 2019 17.2.7 No Notice of Violations. The City has received no notice of any violation of zoning requirements or other ordinances, rules or regulations with respect to GRTC Relocation Parcels. 17.2.8 No Litigation. There is no litigation, claim, or arbitration, pending or, to the knowledge of the City, threatened, with regard to GRTC Relocation Parcels. ARTICLE XVIII DEFAULT IN CLOSING OBLIGATIONS 18.1 City Default. In the event that the Closing does not occur solely by reason of default by the City, and GRTC has fully performed its obligations and is prepared to consummate the Closing, GRTC shall have all of its remedies at law or in equity, including the remedy of specific performance. GRTC may also terminate this Agreement and neither Party shall have any further rights or obligations hereunder. 18.2 GRTC Default. In the event that the Closing does not occur solely by reason of default by GRTC, and the City has fully performed its obligations and is prepared to consummate the Closing, the City shall have all of its remedies at law or in equity, including the remedy of specific performance. The City may also terminate this Agreement, in which event neither Party shall have any further rights or obligations hereunder. ARTICLE XIX LIMITATIONS ON ASSIGNMENTS Each Party agrees not to assign or transfer any part of the Party's rights or obligations under this Agreement 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 Agreement. ARTICLE XX 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): 27 DRAFT DATE: January 14, 2019 If to City: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -1138 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 GRTC: Kevin L. Price, General Manager Greater Roanoke Transit Company 1108 Campbell Avenue, S.E. Roanoke, VA 24013 Fax No. 540- 982 -2703 With a Copy to: Attn: Vice President of Operations, GRTC 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Fax No. (540) 853 -1138 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. ARTICLE XXI APPROVAL BY CITY COUNCIL This Agreement is subject to approval by the City Council of the City of Roanoke after public hearing. GRTC shall be responsible for all advertising costs and other expenses incurred by the City and paid to third party vendors in connection with public hearings. ARTICLE XXII GENERAL PROVISIONS 22.1 Time. Time is of the essence in the performance of the Parties' respective obligations in this Agreement. 22.2 Successors and Assigns. This Agreement shall inure to the benefit of, and be binding on, the Parties hereto and their respective successors and permitted assigns. 28 DRAFT DATE: January 14, 2019 22.3 Counterpart Copies. This Agreement may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Agreement binding on all of the Parties hereto, notwithstanding that all of the Parties are not signatories to the same counterpart. 22.4 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement 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 Agreement or any amendments or exhibits hereto. 22.5 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. 22.6 Cooperation. Each Party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. 22.7 Authority To Sign. The persons who have executed this Agreement on behalf of the Parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. 22.8 Non - waiver. Each Party agrees that any Party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any Party's waiver of any particular breach of this Agreement 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 Agreement or a waiver of any other breaches of the Agreement 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 Agreement 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 Agreement or by law. 22.9 Faith Based Organizations. Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City and GRTC do not discriminate against faith -based organizations. ARTICLE XXIII NONDISCRIMINATION 23.1 GRTC 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 normal operation of GRTC. GRTC agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 23.2 GRTC in all solicitations or advertisements for employees placed by or on behalf of GRTC will state that GRTC is an equal opportunity employer. 29 DRAFT DATE: January 14, 2019 23.3 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. ARTICLE XXIV COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION GRTC agrees to comply with all Applicable Law, including all licensing requirements. GRTC further agrees that GRTC does not, and shall not, during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. ARTICLE XXV COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA GRTC shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth 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. GRTC 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 Closing, and to promptly cure any such lapse, revocation or cancellation following notice from the City. It shall be a condition of the City's closing obligations under Articles X and XI above that GRTC not be in breach of this Article XXV. ARTICLE XXVI APPROPRIATION OF FUNDS All obligations or funding to be undertaken by the City in connection with this Agreement 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 City's obligations under this Agreement in appropriation for the project contemplated herein for the relocation of the central bus transit operations of GRTC. If any such funding is not approved, withdrawn, or otherwise not made available for this Agreement, with the result that City is unable to perform its obligations under this Agreement, City shall provide GRTC with written notice of such unavailability of funding. 30 DRAFT DATE: January 14, 2019 ARTICLE XXVII FORCE MAJEURE None of the Parties shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement 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 GRTC's lack of funds shall not be deemed to be a reason beyond GRTC'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 Agreement, 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 learns 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. ARTICLE XXVIII ENTIRE AGREEMENT This Agreement, including, without limitation, its exhibits and other attachments, contains the entire understanding of the Parties regarding its subject matter and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to its subject matter. Without limitation, and for avoidance of any doubt, the preceding sentence shall not operate to invalidate or supersede any separate agreements between the Parties regarding the Incentives. No amendment to this Agreement shall be valid unless made in writing and signed by the Parties. ARTICLE XXIX FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Agreement, 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 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. 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. 31 DRAFT DATE: January 14, 2019 IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. WITNESS: Print name and title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE CITY OF ROANOKE, VIRGINIA Robert S. Cowell, Jr. City Manager The foregoing Agreement was acknowledged before me this day of , 2019, by Robert S. Cowell, Jr., the duly authorized City Manager of the City of Roanoke, Virginia, a Virginia municipal corporation, on behalf of the City of Roanoke, Virginia. My Commission expires: Approved as to form: Notary Public Approved as to execution: SEAL 32 DRAFT DATE: January 14, 2019 WITNESS: Print name and title WITNESS: Print name and title STATE OF CITY /COUNTY of GREATER ROANOKE TRANSIT COMPANY L'In William D. Bestpitch, President Kevin Price, General Manager The foregoing Agreement was acknowledged before me this day of , 2019, by William D. Bestpitch, the duly authorized President of Greater Roanoke Transit Company, a Virginia corporation, on behalf of Greater Roanoke Transit Company. My Commission expires: Notary Public STATE OF CITY /COUNTY of SEAL The foregoing Agreement was acknowledged before me this day of , 2018, by Kevin Price, the duly authorized General Manager of Greater Roanoke Transit Company, a Virginia corporation, on behalf of Greater Roanoke Transit Company. My Commission expires: Approved as to form: Notary Public Approved as to execution: SEAL 33 DRAFT DATE: January 14, 2019 EXHIBIT A Description of Campbell Court Those parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue SW and 30 Salem Avenue SW, Roanoke, VA 24011, and bearing Official Tax Parcel Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, containing, in the aggregate, approximately 1.0674 acres. 34 DRAFT DATE: January 14, 2019 EXHIBIT B GRTC Relocation Parcels Owners and GRTC Relocation Parcels GRTC Relocation Parcels Owners GRTC Relocation Parcels Brandon, Woody and Booker LLC Two (2) certain parcels of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W. and 325 Salem Avenue, S. W., Roanoke, Virginia, and bearing Official Tax Map Nos. 1010113 and 1010115, respectively, more particularly described as Two (2) parcels of real property, together with improvements thereon, described as follows: (i) a parcel of real property, together with improvements thereon, containing approximately 13,258 sq. feet of land, more or less, situated at 0 Salem Avenue, S.W., Roanoke Virginia, and bearing Official Tax Map No. 1010113; and (ii) a parcel of real property, together with improvements thereon, containing approximately 23,307 sq. feet of land, more or less, situated at 325 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010115. The Brandon Company, Incorporated A certain parcel of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010121, and more particularly described as a parcel of real property, together with improvements thereon, containing approximately 16,074 sq. feet of land, more or less. The Brandon Company, Incorporated A certain parcel of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010122, a parcel of real property, together with improvements thereon, containing approximately 20,275 sq. feet of land, more or less. 35 DRAFT DATE: January 14, 2019 EXHIBIT C Description of Future Rail Station Parcels Two (2) parcels of real property, together with improvement thereon, owned by T -W Properties, a Virginia partnership, situated at (i) 1 Jefferson Street, S.W. Roanoke Virginia, bearing Official Tax Map No. 1010507, and containing 0.1670 acres, more or less, and (ii) 7 Jefferson Street, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010508, containing 0.1158 acres, more or less. 36 DRAFT DATE: January 14, 2019 EXHIBIT D Leases at Campbell Court Tenant Location Term 727 Mart, Inc. 2,200 square feet located on Expires February 28, 2019 (3 Optional one year the ground floor at 31 -B renewals: 3/1/2019 to 02/29/2020, 3/1/2020 to Campbell Avenue S.W. 02/29/2021, 3/1/2021 to 02/28/2022) Greyhound 3,000 square feet located on Expires June 30, 2019 (1 additional one year Lines, Inc. the ground floor at 26 Salem renewal July 1, 2019 -June 30, 2020) Avenue S.W. Pyxis, Inc. 787 square feet located on Expires June 30, 2019 (1 additional one year the third floor at 31 -J renewal July 1, 2019 -June 30, 2020) Campbell Avenue S.W. Agreements for monthly parking permits, which are terminable. 37 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR Attn R. BRIAN TOWNSEND, ASSISTANT CITY MANAGER 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Date January 14, 2019 Date Category Description Ad Size Total Cost 01/20/2019 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirement, 1 x 101 L 530.56 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: 01/14/2019 The First insertion being given ... 01/14/2019 Newspaper reference: 0000881716 P1 / /r I,. i Billing Representative Sworn to and subscribed before me this Monday, January 14, 2019 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Notary `�� State of Virginia FUSCC _ City/County of Roanoke * F; G. r; 3264 1M1 My Commission expire l - o� n I ) (.\ Ate. C /l, thili,l QVi.. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2.1800.B 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 Tuesday, January 22, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, to receive public comments on the proposed sale and exchange of four (4) Parcels of real property, collectively referred to as the GRTC Relocation Parcels, and described as W 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010113; and 325 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010115, currently owned by Brandon, Woody and Booker, LLC; and (ii) 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010121; and 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010122, currently owned by The Brandon Company, Incorporated; from the City to Greater Roanoke Transit Company ( "GRTC "), in accordance with the proposed Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia and Greater Roanoke Transit Company ( "City and GRTC Exchange Agreement"), which proposed agreement includes the transfer of Campbell Court from GRTC to the City. An express condition precedent to the City and GRTC Exchange Agreement is the acquisition of the GRTC Relocation Parcels by the City, pursuant to the terms of the Agreement for the Purchase and Sale of Real Estate between the City, Brandon, Woody and Booker, LLC, and The Brandon Company. Incorporated ( "GRTC Relocation parcels Agreement "). The City and GRTC are proposing to enter into the proposed City and GRTC Exchange Agreement under which the City, after it acquires the GRTC Relocation Parcels from Brandon, Woody and Booker, LLC and The Brandon Company, Incorporated, pursuant to the GRTC Relocation Parcels Agreement, would transfer the GRTC Relocation Parcels to GRTC in exchange for the transfer by GRTC to the City of certain parcels of real property described in the City and GRTC Exchange Agreement as Campbell Court, the transportation center currently owned by GRTC. A copy of the proposed City and GRTC Exchange Agreement and the draft 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, January 14, 2019. 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 v,ho needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 Ncon on Thursday, January 17, 2019. Given under my hand this 14th day of January 2019. Stephanie M. Moon Reynolds, City Clerk (881716) PM 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 Tuesday, January 22, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, to receive public comments on the proposed sale and exchange of four (4) parcels of real property, collectively referred to as the GRTC Relocation Parcels, and described as (i) 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010113; and 325 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010115, currently owned by Brandon, Woody and Booker, LLC; and (ii) 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010121; and 0 Salem Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010122, currently owned by The Brandon Company, Incorporated; from the City to Greater Roanoke Transit Company ( "GRTC "), in accordance with the proposed Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia and Greater Roanoke Transit Company ( "City and GRTC Exchange Agreement "), which proposed agreement includes the transfer of Campbell Court from GRTC to the City. An express condition precedent to the City and GRTC Exchange Agreement is the acquisition of the GRTC Relocation Parcels by the City, pursuant to the terms of the Agreement for the Purchase and Sale of Real Estate between the City, Brandon, Woody and Booker, LLC, and The Brandon Company, Incorporated ( "GRTC Relocation Parcels Agreement "). The City and GRTC are proposing to enter into the proposed City and GRTC Exchange Agreement under which the City, after it acquires the GRTC Relocation Parcels from Brandon, Woody and Booker, LLC and The Brandon Company, Incorporated, pursuant to the GRTC Relocation Parcels Agreement would transfer the GRTC Relocation Parcels to GRTC in exchange for the transfer by GRTC to the City of certain parcels of real property described in the City and GRTC Exchange Agreement as Campbell Court, the transportation center currently owned by GRTC. A copy of the proposed City and GRTC Exchange Agreement and the draft 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, January 14, 2019. 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, January 17, 2019. Given under my hand this 14th day of January 2019. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, January 14, 2019. Please send bill to: Sherman Stovall, Assistant City Manager for Operations 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 VIRGINIA MUSEUM QF TRANSPORTATION STATEMENT PRESENTED TO ROANOKE CITY COUNCIL January 215, 2019 Mayor, Council Members: Over the 56 years the Transportation Museum has contributed to the growth and success of Roanoke, Roanoke City has been an important, vital, and appreciated partner in our success. With your support and hard work on our part, our attendance has grown to almost 50,000 visitors a year, including 16,000 students we serve on SOL field trips. In addition we attract more destination visitors than any other museum — 20,231 from over 100 miles away and 1,059 from foreign countries. Overall, we see the VMT as a cultural asset with a positive economic impact on the Roanoke Valley. The proposal before you presents some challenges for us. We have used the parking lot for events and overflow parking so this space will be missed. In 2018 alone, we had 5 events that utilized this lot as well as 8 times we rented the lot for overflow parking. We are concerned about our patrons, many of which are children, grandparents or retirees that will have to deal with many of the issues currently affecting the Campbell Court Station. This would mean making substantial investments in security systems and improved lighting. Just as important is the potential lost tourism revenue if our guests feel that it isn't safe to visit. We support the City purchasing this parking lot, but we think there is a more prudent, longer -term use that serve more of our citizens and creates a much needed green space. We recommend that this parcel be an open multi -use green space with curbside parking. Considering that this area continues to be developed and there is no substantial green space, we see this as a win -win for the growing number of residents and businesses around this area. In closing, we would request that the City consider an alternative location for the Bus Center such as a freestanding structure at the periphery of the Civic Center. Submitted by: The VMT Executive Committee vmt.drg 303 Norfolk Ave SW Roanoke, VA 24016 (540) 342 -5670 THE COMMONWEALTH'S OFFICIAL TRANSPORTATION MUSEUM City Council Miscellanous – 1/22/2019 -- 2 0 �, From: Harkrader <abstractxyz @icloud.com> To: clerk @roanokeva.gov Date: 01/22/2019 09:47 AM Subject: [EXTERNAL] Rail Depot Development: Copy to City Mgr, Mayor, Council Dear Town Manager, Mayor Lea and Honorable Council Members: Concerning the Roanoke City Intermodal Station, please consider my comments. a) I admire the existing 2015 Intermodal Station as proposed by Wendel. A lot of study went into this plan. It's a true intermodal plan —all public transport with direct access to the train depot. b) I understand the value of a public - private partnership. c) I appreciate the major developments and improvements that Hist: Re Partners have completed in Roanoke City. Thank you! However, the latest public - private proposal doesn't qualify as an Intermodal Station if the total bus service is not located at the Train Depot. The following bus services must have direct access to the train depot. 1) Smart Way Bus (check). 2) Greyhound & Abbott must have direct access to the Train Depot. 3) Future expanding regional bus service to Radford, Salem and Floyd, etc. These passengers must be able to get on the train without walking 3 blocks. 4) Future bus service to Amtrak from Hollins and Roanoke College student population. 5) Promote middle class access to Valley Metro. Local bus service will increase as driving becomes more expensive. 6) Pending Blacksburg Transportation Plan connecting a more direct path to Roanoke and Amtrak. Newspaper quote: "The (public - private) deal is structured to allow portions to move forward even if others fall through. For example, the city plans to establish a new bus station even if Thornton does not redevelop Campbell Court." This insinuates that city residents may not get a true Intermodal Station, nor re- development- only a diminished train depot and bus station —sad. Proposed Development (other): City Council Miscellanous — 1/22/2019 More developers, contractors and business owners are painting historic authentic and original brick facades to 'freshen up' and individualize —eek. Result: Gaudy blues, whites, pinks, and green buildings begin to soil. Alternative: Restore natural brick by cleaning and staining. Individualize your facade with Awnings and Neon. Thank you for your valuable time to consider. Respectfully, G. Stephen Harkrader Roanoke City Resident It IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2019. No. 41372- 012219. AN ORDINANCE authorizing the City Manager to execute the Agreement for Exchange of Real Estate between the City of Roanoke, Virginia (the "City ") and Hist:Re Partners, LLC ( "Developer ") ( "City and Developer Exchange Agreement ") to provide for (i) the sale and transfer of Campbell Court, as described below, from the City to Developer; and (ii) the acquisition of the Future Rail Station Parcels, as described below, by the City from Developer; and dispensing with the second reading of this ordinance by title. WHEREAS, pursuant to the authority set forth in the Charter of the City of Roanoke and applicable provisions of the Code of Virginia, the City created GRTC and established GRTC to provide bus transportation services for the public; WHEREAS, GRTC owns the transportation center, known as Campbell Court and more particularly described below and in the City Council Agenda report dated January 22, 2019, and GRTC desires to construct a new transportation center within the City; WHEREAS, the City also desires to acquire property proximate to the current passenger rail platform to provide the public with a rail station facility; WHEREAS, the City has negotiated agreements under which (i) the City will acquire two parcels of real property from Brandon, Woody and Booker LLC ( "LLC ") and two parcels of real property from The Brandon Company, Incorporated ( "Company ") (collectively, the four (4) parcels are referred to as the "GRTC Relocation Parcels "), in accordance with an Agreement for the Purchase and Sale of Real Estate among the City, the LLC, and the Company (the "GRTC Relocation Parcels Agreement "); and (ii) GRTC will transfer all of its rights, title and interest in Campbell Court to the City and the City will transfer all of its rights, title, and interest in the GRTC Relocation Parcels to GRTC in accordance with the Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia and Greater Roanoke Transit Company (the "City and GRTC Exchange Agreement'); WHEREAS, City Council adopted Ordinance No. 41345- 010719, on January 7, 2019, to authorize the City to execute, deliver, and perform the GRTC Relocation Parcels Agreement, and City Council is considering the adoption of an ordinance to authorize the execution, delivery, and performance of the City and GRTC Exchange Agreement by the City; WHEREAS, Campbell Court consists of 13 parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue, S.W. and 30 Salem Avenue, S.W., Roanoke, VA 24011, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129 ( "Campbell Court"); WHEREAS, Developer has options to acquire two parcels of property, currently used as office space for an insurance company, situated at 7 Jefferson Street, S.W. (Official Tax Map Nos. 1010507 and 1010508) and currently owned by T -W Properties, a Virginia partnership (the "Future Rail Station Parcels ") ; WHEREAS, Developer will exchange the Future Rail Station Parcels, together with other consideration set forth in the proposed City and Developer Exchange Agreement, at which Future Rail Station Parcels the City intends to construct and operate a facility for use by passengers of train services; WHEREAS, the City and Developer Exchange Agreement provides for the transfer of Campbell Court from the City to Developer in exchange for the transfer of the Future Rail Station Parce':s from Developer to the City; 2 WHEREAS, the obligations and rights of the City and Developer under the City and Developer Exchange Agreement are subject to the City's acquisition of Campbell Court from GRTC under the terms of the City and GRTC Exchange Agreement; and WHEREAS, a public hearing was held on January 22, 2019, pursuant to Sections 15.2- 1800.13 and 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 the proposed City and Developer Exchange Agreement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the City and Developer Exchange Agreement with Hist:Re Partners, LLC, for the exchange of Campbell Court for the Future Rail Station Parcels, as further set out in the City Manager's Council Agenda Report dated January 22, 2019. The City and Developer Exchange Agreement is to be substantially similar to the City and Developer Exchange Agreement attached to the Agenda Report, and such City and Developer Exchange Agreement is to be in a form approved by the City Attorney. 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the sale and transfer of Campbell Court to Developer in accordance with the terms of the City and Developer Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and Developer Exchange Agreement, and complete the sale and transfer of the Campbell Court to Developer. 3. The City Manager is further authorized to execute such further documents, including an acceptance of a General Warranty Deed of Conveyance, with English Covenants, from Developer transferring the Future Rail Station Parcels to the City in accordance with the 3 terms of the City and Developer Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and Developer Exchange Agreement, and complete the acquisition of the Future Rail Station Parcels by the City. The City Manager is authorized to expend such sums as provided in the City and Developer Exchange Agreement for the acquisition of the Future Rail Station Parcels, including costs for title searches, environmental testing, appraisal costs, closing costs and such other expenses, from available funds in the account for this project without further action of City Council 4. The City Manager is further authorized to on behalf of the City to negotiate and execute such further documents and take such actions as may be necessary to implement, administer, and enforce such City and Developer Exchange Agreement, with any such documents being approved as to form by the City Attorney. 5. Pursuant to provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ©t� City Clerk. To: Honorable Mayor and Members of City Council Meeting: January 22, 2019 Subject: Public Hearing for Sale of Campbell Court to Hist:Re Partners, LLC and Authorization for the Acquisition of the Future Rail Station Parcels by the City from Hist:Re Partners, LLC Background: Pursuant to the authority set forth in the Charter of the City of Roanoke and applicable provisions of the Code of Virginia, the City created Greater Roanoke Transit Company (GRTC) and established GRTC to provide bus transportation services for the public. GRTC owns the transportation center, known as Campbell Court and more particularly described below, and GRTC desires to construct a new transportation center within the City. The City also desires to acquire property proximate to the current passenger rail platform to provide the public with a rail station facility. The City has negotiated agreements under which (i) the City will acquire two parcels of real property from Brandon, Woody and Booker LLC ( "LLC ") and two parcels of real property from The Brandon Company, Incorporated ( "Company ") (collectively, the four (4) parcels are referred to as the "GRTC Relocation Parcels "), in accordance with an Agreement for the Purchase and Sale of Real Estate among the City, the LLC, and the Company (the "GRTC Relocation Parcels Agreement "); and (ii) GRTC will transfer all of its rights, title and interest in Campbell Court to the City and the City will transfer all of its rights, title, and interest in the GRTC Relocation Parcels to GRTC in accordance with the Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia and Greater Roanoke Transit Company (the "City and GRTC Exchange Agreement "). City Council adopted Ordinance No. 41345-010719, on .January 7, 2019, to authorize the City to execute, deliver, and perform the GRTC Relocation Parcels Agreement, and City Council is considering the adoption of an ordinance to authorize the execution, delivery, and performance of the City and GRTC Exchange Agreement by the City. Hist:Re Partners, LLC ( "Developer ") is interested in acquiring Campbell Court in order to redevelop Campbell Court into a new multi -use development project. In order to acquire Campbell Court, Developer requires Campbell Court to be free of all transit operations, and in order to avoid interruptions in transit services, GRTC must relocate its transit operations to a temporary location and construct a permanent facility for its transit operation. Campbell Court consists of 13 parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue, S.W. and 30 Salem Avenue, S.W., Roanoke, VA 24011, and bearing Official Tax Map Nos. 101 1 105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 101 1 1 18, 101 1 1 19, 101 1 120, 101 1 122, and 101 1 129. Developer has options to acquire two parcels of property, currently used as office space for an insurance company, situated at 7 .Jefferson Street, S.W. (Official Tax Map Nos. 1010507 and 1010508) ( "Future Rail Station Parcels ") and owned by T -W Properties, a Virginia partnership. Developer will exchange the Future Rail Station Parcels, together with other consideration set forth in the proposed Agreement for Exchange of Real Estate between the City and Developer ( "City and Developer Exchange Agreement "), at which Future Rail Station Parcels the City intends to construct and operate a facility for use by passengers of train services, in exchange for the transfer of Campbell Court to Developer. The proposed City and Developer Exchange Agreement provides for the transfer of Campbell Court from the City to Developer in exchange for the transfer of the Future Rail Station Parcels from Developer to the City. This proposed transaction is subject to the closing of (i) the City's acquisition of the GRTC Relocation Parcels pursuant to the GRTC Relocation Parcels Agreement; and (ii) the acquisition of Campbell Court by the City pursuant to the terms and conditions of the City and GRTC Exchange Agreement. The proposed City and Developer Exchange Agreement includes inspection periods and the requirement that, if both the City and Developer are satisfied with the inspections and desire to proceed with the transaction, Developer shall pay $500,000 to the City for the costs of relocating the GRTC operations at Campbell Court to a temporary facility at the GRTC Relocation Parcels. The proposed City and Developer Exchange Agreement is also subject to Developer's receipt of three incentive opportunities from the City and the Economic Development Authority for the City of Roanoke, Virginia ( "EDA "). The Public Infrastructure Improvements Performance Grant is in the amount of the actual costs of certain public improvements made by Developer or $2,000,000, whichever amount is less. The Special Construction Requirements Performance Grant is in the amount of the actual costs of Developer to address certain conditions at Campbell Court or $2,000,000, whichever is less. The EDA Operating Performance Grant is in an amount not to exceed $1,500,000 and is to be awarded annually based on 50% of the real estate taxes paid by Developer to the City with respect to the Project, after completion. The City, the EDA, and Developer will negotiate the terms and conditions of these three grant agreements during the due diligence periods set forth in the proposed City and Developer Exchange Agreement. The proposed City and Developer Exchange Agreement is subject to approval by Council following the public hearing. The incentives will be presented to 2 Council and EDA following satisfactory completion of the due diligence periods by the City and Developer. Recommended Action: Following the public hearing and subject to comments made at the public hearing, authorize the City Manager to execute the proposed City and Developer Exchange Agreement that includes the City's acquisition of the Future Rail Station Parcels. Such City and Developer Exchange Agreement shall be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents, including a Special Warranty Deed of Conveyance for the sale and transfer of Campbell Court to Developer in accordance with the terms of the City and Developer Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and Developer Exchange Agreement, and complete the sale and transfer of the Campbell Court to Developer. Authorize the City Manager to execute such further documents, including an acceptance of a General Warranty Deed of Conveyance, with English Covenants, from Developer transferring the Future Rail Station Parcels to the City in accordance with the terms of the City and Developer Exchange Agreement, and take such further actions as may be necessary to implement, administer, and enforce the City and Developer Exchange Agreement, and complete the acquisition of the Future Rail Station Parcels by the City. Authorize the City Manager to expend such sums as provided in the City and Developer Exchange Agreement for the acquisition of the Future Rail Station Parcels, including costs for title searches, environmental testing, appraisal costs, closing costs and such other expenses, from available funds in the account for this project without further action of City Council. Rc 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 Robert Ledger, Acting Director, Economic Development Kevin Price, General Manager, GRTC 3 Draft January 14, 2019 AGREEMENT FOR THE EXCHANGE OF REAL ESTATE THIS AGREEMENT FOR THE EXCHANGE OF REAL ESTATE ( "Agreement ") is made this day of January, 2019, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia Municipal Corporation ( "City "), and HIST:RE PARTNERS, LLC, a Virginia limited liability company ( "Developer "). RECITALS A. Greater Roanoke Transit Company, a Virginia Corporation ( "GRTC ") is the owner of thirteen (13) parcels of real property, together with buildings and improvements thereon, situated in Roanoke, Virginia, known as Campbell Court, and being more particularly described in Exhibit A attached hereto and made a part hereof ( "Campbell Court"). B. GRTC provides bus transportation services to the public throughout the areas of the City of Roanoke, the City of Salem, and the Town of Vinton. Campbell Court serves as the central terminal for all such bus transportation services. C. Developer is interested in acquiring Campbell Court in order to redevelop Campbell Court into a new multi -use development project as hereinafter defined and described as the Development Project, which Development Project is more particularly described in Exhibit B attached hereto and made a part hereof. D. In order to acquire Campbell Court, Developer requires Campbell Court to be free of all transit operations and in order to avoid interruptions in transit services, GRTC must relocate its transit operations to a temporary location and construct a permanent facility for its transit operation. E. The City has entered into agreements with (i) the GRTC Relocation Parcel Owners of four (4) parcels of real property, together with improvements thereon, situated in Roanoke, Virginia and more particularly described in Exhibit C attached hereto and made a part hereof ( "GRTC Relocation Parcels "); and (ii) GRTC under which GRTC will transfer all of its rights, title and interest in Campbell Court to the City and the City will transfer all of its rights, title, and interest in the GRTC Relocation Parcels to GRTC. F. Developer proposes to acquire Campbell Court from the City through an exchange of certain parcels of real property, together with improvements thereon, more particularly described in Exhibit D ( "Future Rail Station Parcels "), together with other consideration set forth in this Agreement at which Future Rail Station Parcels the City intends to construct and operate a facility for use by passengers of train services. G. Subject to the terms and conditions of this Agreement, (i) the City is willing to sell, convey, and transfer Campbell Court to Developer, (ii) Developer is willing to acquire Campbell Court, (iii) Developer is willing to sell, convey, and transfer the Future Rail Station Parcels to the City or its assignee, and (iv) the City is willing to acquire the Future Rail Station Parcels. H. The City and Developer agree to set forth their agreements and understandings in accordance with this Agreement. 1 Final draft 12.27.2018 Draft January 14, 2019 THEREFORE, based upon the mutual covenants, agreements, and understandings set forth in this Agreement, including the Recitals set forth above and which Recitals are incorporated herein and constitute a material part of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the City and Developer agree as follows: ARTICLE I DEFINITIONS All capitalized terms, not otherwise defined in this Agreement, shall have the following meanings: 1.1 Agreement shall mean this Agreement for the Exchange of Real Estate. 1.2 Applicable Law shall mean all federal, state, and local laws, rules, regulations, or ordinances that affect or otherwise apply to the transactions contemplated by this Agreement. 1.3 Approvals shall mean all licenses, permits, and other approvals under Applicable Law required or deemed necessary to develop, construct, operate, and maintain, respectively, the Development Project or the Future Rail Station Facility. 1.4 Business Days shall mean a Day or Days other than a Saturday, Sunday, or a holiday established under the laws of the United States of America or the Commonwealth of Virginia. 1.5 Campbell Court shall mean those certain parcels of real estate together with buildings and improvements thereon, owned by GRTC, and more particularly described in Exhibit A attached hereto and made a part hereof. 1.6 Campbell Court Deed shall mean the special warranty deed from the City to Developer conveying title of Campbell Court to Developer. 1.7 Campbell Court Purchase Price shall mean the execution, delivery, acceptance and recording of the Future Rail Station Parcels Deed to effectuate the transfer of the Future Rail Station Parcels by Developer to the City. 1.8 Certificate of Occupancy shall mean the permanent certificate issued by the City of Roanoke's Department of Planning, Building and Development which authorizes (i) Developer to operate the Development Project at Campbell Court without conditions, contingences, limitations, or restrictions; or (ii) the City to operate the Future Rail Station Facility at the Future Rail Station Parcels without conditions, contingences, limitations, or restrictions. 1.9 City shall mean the City of Roanoke, Virginia, a Virginia municipal corporation. 1.10 City and GRTC Exchange Agreement shall mean the agreement between the City and GRTC dated January 2019, under which agreement the City will sell and transfer all of the City's rights, title, and interest in the GRTC Relocation Parcels to 7 Final draft 12.27.2018 Draft January 14, 2019 GRTC; and GRTC will sell and transfer all of GRTC's rights, title, and interest in Campbell Court to the City. 1.11 City's Approval Period shall mean the period of 90 Days beginning after the expiration of the City's Inspection Period. 1.12 City's Inspection Period shall mean the period of 180 Days after the Effective Date. 1.13 City Manager shall mean the person appointed by the Roanoke City Council as City Manager or the person designated by City Manager to act on behalf of the City Manager. 1.14 Closing shall mean the date on which the transactions contemplated by this Agreement for (i) the transfer of Campbell Court to Developer, and (ii) the transfer of the Future Rail Station Parcels to the City. 1.15 Construction shall mean activities of Developer to begin and proceed with the actual physical development and building of the Development Project, including obtaining all Approvals. 1.16 Construction Completion Date shall mean the date on which Developer has completed the Construction of the Development Project and has been issued a certificate of substantial completion by its supervising architect or has received a Certificate of Occupancy, whichever first occurs. Under no circumstance (other than as a result of force majeure) will the Construction Completion Date be later than two (2) years after the Closing Date. 1.17 Days or Days shall mean a calendar day beginning and ending at the prevailing time in Roanoke, Virginia. 1.18 Developer shall mean Hist:Re Partners, LLC, a Virginia limited liability company. 1.19 Developer Approval Period shall mean the period of 90 Days beginning after expiration of the Developer Inspection Period. 1.20 Developer Inspection Period shall mean the period of 180 Days after the Effective Date. 1.21 Development Project shall mean the development proposed by Developer as set forth in Exhibit B attached hereto and made a part hereof. 1.22 EDA shall mean the Economic Development Authority of the City of Roanoke, Virginia. 1.23 EDA Operating Performance Grants shall mean the grants from the EDA and the City to Developer in the maximum aggregate amount of $1,500,000 that will be available to Developer pursuant to the EDA Operating Performance Grant Agreement. 3 Final draft 12.27.2018 Draft January 14, 2019 1.24 EDA Operating Performance Grant Agreement shall mean the agreement among the City, Developer, and EDA under which agreement EDA will provide Developer with EDA Operating Performance Grants in the maximum aggregate amount of $1,500,000, and which agreement will make annual grants available to Developer, up to the maximum aggregate amount, based upon not more than the Applicable Percentage of the real estate tax revenues received by the City from the Development Project from the prior fiscal year, beginning with the tax year following issuance of the Certificate of Occupancy for the Development Project. For purposes hereof, the Applicable Percentage shall be 50% for each fiscal year until the maximum aggregate amount of the EDA Operating Performance Grants has been received by Developer. 1.25 Effective Date shall mean the date set forth at the beginning of this Agreement. 1.26 Future Rail Station Facility shall mean the facility to be constructed by the City and at which facility services for passengers of rail transportation will be provided. 1.27 Future Rail Station Parcels shall mean those parcels of real property, together with improvements thereon, situated in Roanoke, Virginia, and more particularly described in Exhibit D attached hereto and made a part hereof. 1.28 Future Rail Station Parcels Deed shall mean the general warranty deed, with English Covenants, from Developer to the City, conveying title of the Future Rail Station Parcels to the City. 1.29 Future Rail Station Parcels Owner shall mean T -W Properties, a Virginia partnership. 1.30 Future Rail Station Parcels Purchase Price shall mean the execution, delivery, acceptance, and recording of the Campbell Court Deed to effectuate the transfer of Campbell Court by the City to Developer. 1.31 Government Entity shall mean any federal, state, or local governmental body, agency, board or commission. 1.32 Grant Agreements shall mean, collectively, the EDA Operating Performance Grant Agreement, the Public Infrastructure Improvements Performance Grant Agreement, and the Special Construction Requirements Performance Grant Agreement. 1.33 GRTC shall mean Greater Roanoke Transit Company, a Virginia corporation. 1.34 GRTC Relocation Expenses Payment shall mean the sum of Five Hundred Thousand Dollars ($500,000.00) to be paid by Developer to the City in accordance with Section 3.2 hereof. 1.35 GRTC Relocation Parcels shall mean those parcels of real property, together with improvements thereon, described in Exhibit C attached hereto and made a part hereof. 1.36 GRTC Relocation Parcels Agreement shall mean that agreement by and among the City and the GRTC Relocation Parcels Owners dated January , 2019, under which 4 Final draft 12.27.2018 Draft January 14, 2019 the City will purchase and acquire all rights, title, and interests of the GRTC Relocation Parcels Owners in the GRTC Relocation Parcels. 1.37 GRTC Relocation Parcels Owners shall mean the owners of the GRTC Relocation Parcels identified in Exhibit C attached hereto and made a part hereof. 1.38 Parties shall mean the City and Developer. 1.39 Party shall mean either the City or Developer. 1.40 Public Infrastructure Improvements Performance Grants shall mean the amount of grants available to Developer for the cost incurred by Developer in the construction and installation of Public Infrastructure Improvements associated with the Development Project in accordance with a Public Infrastructure_Improvements Performance Grant Agreement. Under no circumstances shall the aggregate amount of the Public Infrastructure Improvements Performance Grants exceed the lesser of (i) the actual costs incurred by Developer for all Public Infrastructure Improvements; or (ii) $2,000,000. 1.41 Public Infrastructure Improvements shall mean those improvements made by Developer in connection with the Development Project that constitute improvements to public assets such as sidewalks, streets, curbs, gutters, stormwater drainage systems, or utilities including water, sanitary sewer, electric, gas, and telecommunications. Public Infrastructure Improvements are more particularly described in Exhibit E attached hereto and made a part hereof. 1.42 Public Infrastructure Improvements Performance Grant Agreement shall mean that agreement among the City, EDA, and Developer under which agreement Developer may receive Public Infrastructure Improvements Performance Grants. 1.43 Special Construction Requirements shall mean those improvements to the buildings and structures to be constructed by Developer in connection with the Development Project that are required by the unique soils, conditions and location of Campbell Court, which improvements are more particularly described in Exhibit F attached hereto and made a part hereof. Special Construction Requirements shall not include removal of any structures, improvements, or equipment situated at Closing, including without limitation, all existing buildings, machinery, equipment, and underground storage tanks. 1.44 Special Construction Requirements Performance Grants shall mean those grants that will be available to Developer for the cost incurred by Developer in the construction and installation of Special Construction Requirements associated with the Development Project under the terms of the Special Construction Requirements Performance Grant Agreement. Under no circumstances shall the aggregate amount of the Special Constriction Requirements Performance Grants exceed the lesser of (1) the actual costs incurred by Developer in construction or installing Special Constriction Requirements; or (ii) $2,000,000. 5 Final draft 12.27.2018 Draft January 14, 2019 1.45 Special Construction Requirements Performance Grant Agreement shall mean that agreement among the City, EDA, and Developer under which agreement Developer may receive Special Construction Requirements Performance Grants.. 1.46 Title Company shall mean any nationally recognized title insurance company (i) acceptable to Developer with respect to Campbell Court; or (ii) acceptable to the City with respect to Future Rail Station Parcels. ARTICLE II PURCHASE AND SALE 2.1 Subject to the terms and conditions of this Agreement, the City agrees to sell, and Developer agrees to purchase Campbell Court in its "as is" condition. 2.2 Subject to the terms and conditions of this Agreement, Developer agrees to sell, and the City agrees to purchase the Future Rail Station Parcels in their "as is" condition. ARTICLE III RELOCATION OF GRTC OPERATIONS 3.1 Relocation of GRTC Operations. Developer requires that the GRTC transit operations be relocated from Campbell Court prior to Closing. The Parties acknowledge and agree that an essential condition of this Agreement is maintenance of uninterrupted transit services provided by GRTC in order to accommodate the relocation of the GRTC transit operations from Campbell Court to another facility prior to the transfer of Campbell Court to the City pursuant to the City and GRTC Exchange Agreement and the subsequent transfer contemplated under this Agreement. Such relocation requires (1) the approval of the United States Department of Transportation, Federal Transit Administration (FTA); (ii) the acquisition of the GRTC Relocation Parcels by the City; (iii) the construction of temporary transit facilities at which GRTC may operate its transit operation; and (iv) transfer of Campbell Court to the City and transfer of GRTC Relocation Parcels to GRTC in accordance with the terms of the City and GRTC Exchange Agreement. GRTC and the City shall diligently pursue approval of FTA and acquisition of GRTC Relocation Parcels from the GRTC Relocation Parcels Owners. In the event that (1) FTA fails to approve the relocation of GRTC operations and the sale of Campbell Court within 180 Days after the Effective Date; or (ii) the City is unable to acquire the GRTC Relocation Parcels within 180 Days after the Effective Date, this Agreement will automatically terminate and be of no further force or effect. 3.2 In the event that (i) FTA approves the relocation of GRTC operations to the GRTC Relocation Parcels and the transfer of Campbell Court to the City, on terius and conditions acceptable to GRTC and the City; (ii) the City acquires the GRTC Relocation Parcels on terms and conditions acceptable to the City and GRTC; and (iii) neither the City and Developer have terminated this Agreement following 6 Final draft 12.27.201 8 Draft January 14, 2019 completion of their respective Inspections as set forth in Article IV of this Agreement (items (i) - (ii) collectively the "Contingencies "), Developer shall pay to the City the GRTC Relocation Expenses Payment, in immediately available funds of the United States of America, on the date on which the event or condition set forth in Section 3.2(1), (ii) or (iii) last occurs. In the event that Developer fails to pay the GRTC Relocation Expenses Payment in full, in accordance with this Section 3.2, this Agreement shall automatically terminate and be of no further force or effect. Under no circumstances shall any portion of the GRTC Relocation Expenses Payment be refunded or returned to Developer unless the City, through no fault of Developer, fails or refuses to transfer Campbell Court to Developer in accordance with this Agreement or cannot transfer title of Campbell Court as required herein and Developer terminates this Agreement as provided in Section 8.13. 3.3 Upon satisfaction of the Contingencies and receipt of the GRTC Relocation Expenses Payment, the City or GRTC shall procure construction services in accordance with Applicable Law and commence construction of the temporary transit facility for use by GRTC in accordance with the terms of the City and GRTC Exchange Agreement. 3.4 Developer acknowledges, agrees, and confirms that payment of the GRTC Relocation Expenses Payment is an essential condition of this Agreement. Developer further acknowledges, agrees, and confirms that Developer has no right to a refund or reimbursement of the GRTC Relocation Expenses Payment, and Developer shall not receive any refund or reimbursement of the GRTC Relocation Expenses Payment, except as provided in Section 19.2 of this Agreement. ARTICLE IV RIGHT OF ENTRY AND INSPECTION PERIODS PRIOR TO CLOSING 4.1 Developer's Right of Inspection 4.1.1 Developer shall complete Developer's due diligence review of Campbell Court during the Developer Inspection Period. Should Developer determine during the Developer Inspection Period that it is not satisfied with Campbell Court or any characteristics thereof for any reason whatsoever, in Developer's sole and absolute discretion, Developer may terminate this Agreement by notifying the City in writing as soon as possible, but no later than five (5) Days after the end of the Developer's Inspection Period, of Developer's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless the Parties mutually agree to modify this Agreement to address any such issue(s). Developer shall provide the City with its objections to the title of Campbell Court, including without limitation, any easement, encumbrances, or restrictions of record (including all matters shown on the 7 Final draft 12.27.2018 Draft January 14, 2019 plat that depicts Campbell Court), within five (5) Days after the end of the Developer Inspection Period. 4.1.2 In connection with Developer's due diligence review referenced above, the City shall obtain a right of entry agreement from GRTC to hereby grant to Developer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter Campbell Court, at any time during the Developer Inspection Period, on not less than two (2) working days prior written notice to the City and GRTC, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Environmental Site Assessments, or geotechnical assessments, or nondestructive engineering evaluations of Campbell Court, to otherwise perform Developer's due diligence with respect to Campbell Court, and to store Developer's property and equipment, on the following terms and conditions: 4.1.2.1 If Developer exceeds its rights granted under Section 4.1.2 or fails to obtain and maintain the insurance required by Section 4.1.2.4, GRTC may immediately revoke its right of entry. 4.1.2.2 Developer agrees to be responsible for any and all damages resulting from the activity or activities of Developer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on Campbell Court in the exercise of the rights granted under this Section 4.1. Developer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 4.1 to a condition equal to that existing immediately prior to entry on Campbell Court if Developer does not purchase Campbell Court. 4.1.2.3 Developer shall indemnify and defend GRTC and the City from any loss, damage, or claim arising out of Developer's access to Campbell Court pursuant to this Section 4.1 for the purpose of making tests, inspections, studies, and other investigations. Developer's indemnity obligations hereunder are conditioned on GRTC and the City (i) promptly notifying Developer in writing of any claim; (ii) cooperating with Developer in the defense of the claim; and (iii) granting Developer sole control of defense or settlement of the claim at the sole cost and expense of Developer. Under no circumstance shall Developer be obligated to indemnify or defend GRTC or the City for or from such party's own negligence or willful misconduct (which includes, without limitation, any breach by the City of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing. 8 Final draft 12.27.2018 Draft January 14, 2019 4.1.2.4 Developer, at its sole expense, shall 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 Developer under this Section 4.1. The following policies and coverages are required: (i) Commercial General Liability. 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 Developer's and /or Contractor's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation, if any, set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Developer's and /or Contractor's 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 4.1. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, Developer agrees to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against GRTC and the City if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. 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 this Section 4.1 and shall be written on an occurrence basis. 4.1.3 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 4.1, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished by Developer to GRTC and the City. 9 Final draft 12.27.2018 Draft January 14, 2019 4.1.4 All insurance shall also meet the following requirements: Developer and /or Contractor shall furnish to GRTC and the City appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City and GRTC, their respective officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that Developer is able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by GRTC and the City, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Developer and /or Contractor shall provide GRTC's General Manager and 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. 4.1.5 Developer, in performing its inspections on Campbell Court pursuant to this Section 4. 1, shall at all times comply with all Applicable Law. 4.1.6 On the request of GRTC or the City, Developer shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to GRTC and the City. If GRTC or the City so requests, Developer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to GRTC and the City without charge. All such deliverables shall be without any warranties whatsoever, and neither Developer nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to GRTC and the City regarding such report or opinion, or any information contained therein, and GRTC or the City may not rely on any such report or opinion, or any information contained therein. 4.2 City's Right of Inspection. 4.2.1 City shall complete City's due diligence review of Future Rail Station Parcels during City's Inspection Period. Should the City determine during City's Inspection Period that it is not satisfied with the Future Rail Station Parcels or any characteristics thereof for any reason whatsoever, in City's sole and absolute discretion, the City may terminate this Agreement by notifying Developer in writing as soon as possible, but no later than five (5) Days after the end of the City's Inspection Period, of the City's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless Parties, mutually agree to modify this Agreement to address any such issue(s). The City shall provide Developer with its objections to the title of Future Rail Station Parcels, including without limitation, any easements, encumbrances, or restrictions of record (including all matters shown on the plat that depicts the Future Rail Station Parcels), within five (5) Days after the end of the City's Inspection Period. 10 Final draft 12.27.2018 Draft January 14, 2019 4.2.1.1 Developer shall secure, at its sole cost and expense, all approvals and permissions from the Future Rail Station Parcels Owner to allow the City and its contractors, engineers, and consultant's access to the Future Rail Station Parcels for all purposes contemplated under this Section 4.2. All such approvals and consents shall be in writing, in a form substantially in the form described in Section 4.2.2, and delivered to the City prior to the commencement of the City's Inspection Period. 4.2.2 In connection with the City's due diligence review referenced above, Developer hereby grants to the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter on Future Rail Station Parcels at any time during the City's Inspection Period, on not less than two (2) working days prior written notice to Developer, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Future Rail Station Parcels, to otherwise perform the City's due diligence with respect to the Future Rail Station Parcels, and to store the City's property and equipment, on the following terms and conditions: 4.2.2.1 If the City exceeds its rights granted under Section 4.2, or fails to require the City's contractors to maintain and provide the insurance coverages provided herein, Developer may immediately revoke this right of entry. 4.2.2.2 The City, to the extent permitted by Applicable Law, agrees to be responsible for any and all damages resulting from the activity or activities of the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on Future Rail Station Parcels in the exercise of the rights granted under this Section 4.2. The City shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 4.2 to a condition equal to that existing immediately prior to entry on any of the Future Rail Station Parcels if the City does not purchase the Future Rail Station Parcels. 4.2.2.3 The City shall require its contractors to indemnify and defend Developer and the Future Rail Parcels Owner from any loss, damage, or claim arising out of City's access to any of the Future Rail Station Parcels pursuant to this Section 4.2 for the purpose of making tests, inspections, studies, and other investigations. The indemnity obligations of the City's contractors hereunder are conditioned on Developer or the Future Rail Parcels Owner promptly notifying the City and its contractors in writing of any claim; cooperating with the City's contractors in the defense of the claim; and granting the City's 11 Final draft 12.27.2018 Draft January 14, 2019 contractors sole control of defense or settlement of the claim at the sole cost and expense of the City's contractors. Under no circumstance shall the City's contractors be obligated to indemnify or defend Developer or Future Rail Parcel Owner for or from Developer or Future Rail Parcels Owner's own negligence or willful misconduct (which includes, without limitation, any breach by Developer of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing. 4.2.2.4 The City, at its sole expense, shall obtain and maintain, and shall require each of its contractors who enter the Future Rail Station Parcels under this Section 4.2, at the sole expense of such contractor, to 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 the City under this Section 4.2. The following policies and coverages are required: (i) Commercial General Liability. 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 such contractor's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation, if any, set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering such contractor's 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 4.2. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the City agrees to require its contractors to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against Developer if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. 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 12 Final draft 12.27.201 8 Draft January 14, 2019 the performance of any work under this Section 4.2, and shall be written on an occurrence basis. 4.2.3 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 4.2, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished to Developer and the Future Rail Station Parcels Owner. Furthermore, the City may satisfy its obligations to provide the requisite insurance coverages with self - insurance provided Developer with a letter evidencing the same and covering Developer thereunder. 4.2.4 All insurance shall also meet the following requirements: The City or its contractors shall furnish to Developer appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that Developer and the Future Rail Station Parcels Owner, and their respective officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that the City's contractor is able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by Developer, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. The City's contractors shall provide Developer and the Future Rail Station Parcels Owner with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above - required insurance coverage. 4.2.5 The City, in performing its inspections on Future Rail Station Parcels pursuant to this Section 4.2, shall at all times comply with all Applicable Law. 4.2.6 On the request of Developer or the Future Rail Station Parcels Owner, the City shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Developer or the Future Rail Station Parcels Owner. If Developer or the Future Rail Station Parcels Owner so requests, the City shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Developer or the Future Rail Station Parcels Owner without charge. All such deliverables shall be without any warranties whatsoever, and neither the City nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to Developer or the Future Rail Station Parcels Owner regarding such report or opinion, or any information contained therein, and Developer or the Future Rail Station Parcels Owner may not rely on any such report or opinion, or any information contained therein. 13 Final draft 12.27.201 S Draft January 14, 2019 ARTICLE V DEVELOPER APPROVALS 5.1 Upon completion of Developer Inspection Period and unless this Agreement is terminated in accordance with Section 4.1, Developer shall, within the Developer Approval Period (i) seek and obtain all Approvals for the Development Project deemed by Developer necessary to construct, operate, and maintain the Development Project; and (ii) acquire the Future Rail Station Parcels in order to deliver possession and title to the Future Rail Station Parcels to the City in accordance with the terms of this Agreement. 5.2 Developer may extend the term of the Developer Approval Period for an additional 90 Days provided that (i) Developer is diligently pursuing all Approvals in good faith; and (ii) Developer provides notice to the City of Developer's election to extend the term of the Developer Approval Period and such notice is provided to the City prior to expiration of Developer Approval Period. ARTICLE VI CITY APPROVALS 6.1 Upon completion of the City's Inspection Period and unless this Agreement is terminated in accordance with Section 4.2, the City shall, within the City's Approval Period seek and obtain all Approvals needed or deemed necessary for the City to construct, operate, and maintain the Future Rail Station Facility at the Future Rail Station Parcels. 6.2 The City may extend the term of the City's Approval Period for an additional 90 Days provided that (i) the City is diligently pursuing all Approvals in good faith; and (ii) the City provides Developer with notice of the City's election to extend the term of the City's Approval Period and such notice is provided to Developer prior to the expiration of the City's Approval Period. ARTICLE VII DEVELOPER ACQUISITION OF FUTURE RAIL STATION PARCELS 7.1 Upon completion of Developer Inspection Period, Developer shall provide to the City copies of the fully executed agreement between Developer and the Future Rail Station Parcels Owner under which agreement Developer has the right and obligation to acquire all rights, title, and interests in the Future Rail Station Parcels, free and clear of all liens, encumbrances, claims, and restrictions other than customary easements that do not unreasonably interfere with the development or use of the Future Rail Station, with title being insurable by the Title Company without special exceptions and without standard conditions for (i) parties in possession after Closing; (ii) mechanics' liens; and (iii) matters that would be revealed by an accurate ground survey. Such agreement will expressly provide that the Future Rail Station Parcels Owner will not enter into any lease, tenancy, or occupancy agreement for a tern that extends beyond the Closing without the prior written approval of the City. 14 Final draft 12.27.2018 Draft January 14, 2019 7.2 At or prior to the Closing, Developer shall acquire good and marketable title, fee simple interest in each of the Future Rail Station Parcels. Developer shall, at Developer's cost and expense, obtain owner's title insurance policies for each of the Future Rail Station Parcels, each policy insuring title of each of the Future Rail Station Parcels without special exceptions and without standard conditions for (i) parties in possession after Closing; (ii) mechanics' liens; and (iii) matters that would be revealed by an accurate ground survey. If Developer acquires title to the Future Rail Station Parcels prior to Closing, Developer shall provide to the City certified copies of the deeds to Developer transferring title to the Future Rail Station Parcels to Developer, as recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, together with fully executed copies of the title insurance policies. 7.3 If Developer acquires title to the Future Rail Station Parcels prior to Closing, Developer shall hold title to the Future Rail Station Parcels, free and clear of all liens, claims and encumbrances, and shall not voluntarily place, or involuntarily suffer, any deed of trust, lien, claim, or restriction from the date on which Developer acquires title to the respective Future Rail Station Parcels through and including the Closing. ARTICLE VIII TITLE 8.1 Title to Campbell Court. Developer's obligation to purchase Campbell Court at the Closing is conditioned on Campbell Court being conveyed by the City to Developer by the Campbell Court Deed, free and clear of all restrictions, encumbrances, and liens except for such restrictions, encumbrances, and liens that constitute Developer Permitted Encumbrances. Developer Permitted Encumbrances with respect to Campbell Court means and includes the following: 8.1.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 8.1.2 The conditions set forth on the plats prepared by Developer. 8.1.3 Easements, restrictions and encumbrances (i) that are customary and do not unreasonably interfere with the development or use of Campbell Court for the Development Project or (ii) designated by Developer in writing as being acceptable to Developer following Developer's review of the preliminary title report for Campbell Court and such other diligence as Developer elects to perform. Developer acknowledges and agrees that the City has no obligation to remove, amend or alter any easement, restriction, or encumbrance or record, other than monetary liens which the City shall satisfy at its sole expense, and instruments evidencing such satisfaction and discharge of liens shall be placed of record at or prior to Closing. Developer's sole remedy is to accept title subject to such easement, restriction, or encumbrance as a Developer Permitted Encumbrance or terminate the Agreement. In 15 Final draft 12.27.2018 Draft January 14, 2019 the event that Developer elects to terminate this Agreement, Developer shall provide the City with written notice of such termination, and no Party shall have any further rights or obligations under this Agreement, except the City shall promptly return any GRTC Relocation Expenses Payment. 8.1.4 The leases set forth in Exhibit G attached hereto and made a part hereof, which leases shall be terminated by City at or prior to Closing; provided, however, if the Developer elects, in accordance with Section 13.2.7 of this Agreement, at or prior to Closing to assume certain of the leases the City will not terminate those leases. 8.2 Title to the Future Rail Station Parcels. The City's obligation to purchase the Future Rail Station Parcels at the Closing is conditioned upon all of the Future Rail Station Parcels being conveyed by Developer to the City by the Future Rail Station Parcels Deed, free and clear of all restrictions, encumbrances, and liens, except for such restrictions, encumbrances, and liens that constitute the City Permitted Encumbrances. City Permitted Encumbrances with respect to the Future Rail Station Parcels means and includes the following: 8.2.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 8.2.2 The conditions set forth on the plats prepared by the City. 8.2.3 Easements, restrictions and encumbrances (i) that are customary and do not unreasonably interfere with the development or use of the Future Rail Station Parcels for their intended purpose or (ii) designated by the City in writing as being acceptable to the City following the City's review of the preliminary title report for Future Rail Station Parcels and such other diligence as the City elects to perform. The City acknowledges and agrees that Developer has no obligation to remove, amend or alter any easement, restriction, or encumbrance of record, other than to pay in full, the amount secured by a lien, deed of trust, or other encumbrance. Developer shall satisfy, at its sole expense, such deed of trust, lien or encumbrance that may be removed and discharged as a matter of record and record evidence that lien, deed of trust or other encumbrance has been satisfied in full and discharged. The City's sole remedy is to accept title subject to such easement, restriction, or encumbrance as a City permitted encumbrance or terminate this Agreement. In the event that the City elects to terminate this Agreement, City shall provide the Developer with written notice of such termination and no Party shall have any further rights of obligations under this Agreement. 8.2.4 The leases identified in Exhibit H attached hereto and made a part hereof shall be terminated by Developer prior to Closing. 16 Final draft 12.27.2018 Draft January 14, 2019 ARTICLE IX INCENTIVES 9.1 Developer's obligations under this Agreement to close the purchase of Campbell Court is subject to and conditioned on the authorization or approval of the following incentives and grants to be available to Developer from the City and the EDA (collectively, the "Incentives "): 9.1.1 The Public Infrastructure Improvements Performance Grants asset forth in the Public Infrastructure Improvements Performance Grant Agreement; 9.1.2 The Special Construction Requirements Performance Grants as set forth in the Special Construction Requirements Performance Grant Agreement; and 9.1.3 The EDA Operating Performance Grants in accordance with the EDA Operating Performance Grant Agreement. 9.2 The City, EDA, and Developer shall negotiate the terms and conditions of the Incentives following execution of this Agreement. Each of the Incentives shall include standard terms and conditions established by the City and EDA involving similar grant and incentive programs. The Incentives will also include the following specific caps on the maximum aggregate amount of grants that will be available to Developer under each of the Incentives: 9.2.1 Public Infrastructure Improvements Performance Grant Agreement. The aggregate amount of the Public Infrastructure Improvements Performance Grants shall not exceed the lesser of (i) the actual costs incurred by Developer for all Public Infrastructure Improvements; or (ii) $2,000,000. 9.2.2 Special Construction Requirements Performance Grant Agreement. The aggregate amount of the Special Construction Requirements Performance Grants shall not exceed the lesser of (1) the actual costs incurred by Developer in construction or installing Special Construction Requirements; or (ii) $2,000,000. 9.2.3 EDA Operating Performance Grant Agreement. 9.2.3.1 The maximum aggregate amount of the EDA Operating Performance Grants shall be $1,500,000 provided Developer's Total Investment is at least $25,000,000. Developer's Total Investment shall mean all costs and expenses, direct and indirect, incurred in connection with the design and construction of the Development Project, including, but not limited to, (i) all costs, directly and indirectly incurred by Developer for Special Construction Requirements and (ii) Public Infrastructure Improvements. Developer's Total Investment shall not include the GRTC Relocation Expenses Payment or the Tenant Relocation Expenses as defined in Section 13.2.7 of this Agreement. The EDA Operating Performance Grant Agreement will provide that either the EDA or the City may request in writing from Developer reasonable 17 Final draft 12.27.2018 Draft January 14, 2019 documentation of Developer's Total Investment and, if so, Developer shall provide such reasonable documentation to the EDA and the City, without cost to the EDA or the City, as set forth in the EDA Operating Performance Grant Agreement. 9.2.3.2 In the event that the Developer Total Investment is less than $25,000,000, Developer shall be entitled to no EDA Operating Performance Grants and the EDA Operating Performance Grant Agreement shall automatically terminate 9.3 If, during Developer Approval Period, as extended, Developer determines in its sole discretion that the Incentives have not been approved in amounts and on commercially reasonable terms and conditions (other than the caps set forth in this Agreement) that render the Development Project economically viable, Developer shall have the right to terminate this Agreement by providing written notice to the City of such termination, in which event neither Party shall have any further rights or obligations under this Agreement other than Developer's indemnity obligations set forth in Section 4.1 hereof. ARTICLE X CONDITIONS TO CLOSE THE SALE OF CAMPBELL COURT 10.1 Conditions to Developer's Obligations to Close. The following are conditions precedent to Developer's obligation to purchase Campbell Court: 10.1.1 The fulfillment to Developer's reasonable satisfaction of the City's obligation to convey title to Campbell Court on the Closing Date to Developer pursuant to the terms and conditions of this Agreement. 10.1.2 Developer shall have obtained, at Developer's expense, all Approvals deemed necessary or advisable by Developer for the construction of the Development Project in accordance with Article V of this Agreement. 10.1.3 Developer must be satisfied in its sole discretion with the results of its due diligence and inspection of Campbell Court. 10.1.4 Developer shall have received all approvals for, and shall have accepted, in its sole discretion, the terms and conditions of the Incentives in accordance with Article IX of this Agreement. 10.1.5 The City must not be in default of the City's obligations under this Agreement, and the City's representations and warranties in this Agreement must remain true and correct as of the Closing. 10.1.6 The Title Company's commitment to issue, on payment of its normal premium, to Developer, its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring Developer in the amount of the Campbell Court Purchase Price in respect of 18 Final draft 12.27.2018 Draft January 14, 2019 Campbell Court and that title is vested in Developer subject only to the Developer Permitted Encumbrances. All of the foregoing conditions are for the benefit of Developer, and Developer may choose, in Developer's sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. 10.2 Conditions to the City's Obligation to Close. The following are conditions precedent to the City's obligation to sell Campbell Court to Developer: 10.2.1 The City acquires all rights, title, and interest of GRTC's in Campbell Court in accordance with the terms and conditions of the City and GRTC Exchange Agreement. 10.2.2 The City acquires the GRTC Relocation Parcels from the GRTC Relocation Parcels Owners in accordance with the GRTC Relocation Parcels Agreement. 10.2.3 The City completes construction of the temporary transit facility for GRTC at the GRTC Relocation Parcels and GRTC receives all permits and approvals needed under Applicable Law to operate its transit operations at such temporary facility. 10.2.4 The fulfillment to City's reasonable satisfaction of Developer's obligation to acquire fee simple title ownership of the Future Rail Station Parcels and the issuance to Developer of its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring Developer in respect of the Future Rail Station Parcels and title is vested in Developer, subject only to the Future Rail Station Parcels Permitted Encumbrances. 10.2.5 The City must be satisfied in its sole discretion with the results of its due diligence and inspections of the Future Rail Station Parcels. 10.2.6 The City shall have obtained, at the City's expense, all Approvals deemed necessary or advisable by the City for the construction of the Future Rail Station Facility in accordance with Article VI of this Agreement 10.2.7 Developer must not be in default of Developer's obligations under this Agreement, and Developer's representations and warranties in this Agreement must remain true and correct as of the Closing. All of the foregoing conditions are for the benefit of the City, and the City may choose, in its sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. 10.3 Conditions to Close on Campbell Court to which Developer and the City are Subject Notwithstanding the conditions precedent to Developer's obligation to close on the acquisition of Campbell Court by Developer and the conditions precedent to the City's obligation to close on the transfer of Campbell Court to Developer, the obligation of the Parties to close on the sale of Campbell Court are expressly subject to: 19 Final draft 12.27.2018 Draft January 14, 2019 10.3.1 The prior written approval of all transactions contemplated in this Agreement involving the acquisition of the GRTC Relocation Parcels by GRTC and the transfer of Campbell Court as contemplated in the City and GRTC Exchange Agreement by the FTA, without conditions or restrictions unacceptable to the City or GRTC. Under no circumstances may either Party waive this condition. 10.3.2 The temporary transit facility for use by GRTC has been substantially completed, available for use by GRTC in accordance with Applicable Law, including issuance of a final certificate of occupancy from the City of Roanoke Planning, Building and Development Department, and GRTC has acquired all rights, title and interests of the City in the GRTC Relocation Parcels in accordance with the terms and conditions of the City and GRTC Exchange Agreement. 10.3.3 The Parties are prepared to close on the sale of the Future Rail Station Parcels at Closing, subject only to the consummation of the transfer of Campbell Court to Developer in accordance with this Agreement. ARTICLE XI CONDITIONS TO CLOSE THE SALE OF THE FUTURE RAIL STATION PARCELS 11.1 Conditions to the City's Obligation to Close. The following are conditions precedent to the City's obligation to purchase the Future Rail Station Parcels: 11.1.1 The fulfillment to the City's reasonable satisfaction of Developer's obligation to convey title to the Future Rail Station Parcels on the Closing Date to the City pursuant to the terms and conditions of this Agreement. 11.1.2 The City shall have obtained, at the City's expense, all Approvals deemed necessary or advisable by the City for the construction of the Future Rail Station Facility by the City in accordance with Article VI of this Agreement. 11.1.4 The City must be satisfied in its sole discretion with the results of its due diligence and inspections of the Future Rail Station Parcels conducted during the City's Inspection Period. 11.1.5 Developer must not be in default of Developer's obligations under this Agreement and Developer's representations and warranties in the Agreement must remain true and correct as of the Closing. 11.1.6 The Title Company's commitment to issue, on payment of its normal premium, to the City its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring the City in the amount of the Future Rail Station Parcels Purchase Price in respect to the Future Rail Station Parcels and that title to the Future Rail Station Parcels is vested in the City subject only to the City Permitted Encumbrances. 20 Final draft 12.27.2018 Draft January 14, 2019 All of the forgoing conditions are for the benefit of the City, and the City may choose, in its sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. 11.2 Conditions to Developer's Obligation to Close. The following are conditions precedent to Developer's obligation to sell the Future Rail Station Parcels to the City: 11.2.1 The City must not be in material default of the City's obligation under this Agreement. 11.2.2 The City's representations and warranties in this Agreement remain true and correct as of the Closing. All of the forgoing conditions are for the benefit of Developer and Developer may choose, in its sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. 11.3 Conditions to Close on Future Rail Station Parcels to which the City and Developer are Subject. Notwithstanding the conditions precedent on the City's obligation to close on the acquisition of the Future Rail Station Parcels by the City, and the conditions precedent to Developer's obligations to close on the transfer of the Future Rail Station Parcels to the City, the obligation of the Parties to close on the Future Rail Station Parcels is expressly subject to consummation of the transfer of Campbell Court to Developer at the Closing in accordance with the terms and conditions of this Agreement. Under no circumstance may either Party waive this condition. ARTICLE XII CLOSING DATE 12.1 Closing Date. The Closing date shall occur prior to June 30, 2020 on a date selected by Developer ( "Closing Date ") that is on the date which is the later to occur of (i) within thirty (30) Days to one hundred twenty (120) Days after satisfaction of all conditions set forth in Article XI of this Agreement; or (ii) Thirty (30) Days after GRTC transfers all right, title and interest in Campbell Court to the City and GRTC vacates its transit operations from Campbell Court. Developer shall provide the City with not less than thirty (30) Days advance written notice of the Closing Date. The Closing shall occur at a mutually acceptable time (anticipated to be approximately 10:00 a.m. prevailing Roanoke, Virginia time) on the Closing Date in the Office of the City Attorney, or at such other location and time as the Parties shall approve. 21 Final draft 12.27.2018 Draft January 14, 2019 ARTICLE XIII CLOSING DELIVERABLES AND MECHANICS 13.1 City's Obligations at Closing. On the Closing Date, the City shall (i) sell and convey Campbell Court to Developer, and (ii) purchase and acquire the Future Rail Station Parcels from Developer, by delivering or causing to be delivered to Developer the following: 13.1.1 The duly executed and acknowledged Campbell Court Deed conveying to Developer Campbell Court in accordance with the provisions of this Agreement, in its "as is" condition without any representations or warranties with respect to the presence of hazardous materials. At the request of Developer, the City shall convey Campbell Court to Developer by using the survey of Campbell Court obtained Developer during the Developer Inspection Period as the description in the Campbell Court Deed, provided to the extent of any differences in the survey and the City's source deed, any such discrepancies will be conveyed by quit claim deed. 13.1.2 A mechanic's lien affidavit executed by the City, satisfactory to the Title Company, and to the effect that no work has been performed on Campbell Court by the City in the 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 in full. 13.1.3 Such documents as may be reasonably required by the Title Company to evidence that authority of the person(s) executing the various documents on behalf of the City in connection with the sale of Campbell Court. 13.1.4 A written certification that the City's warranties and representations in Section 18.1 of this Agreement remain true and correct as of the Closing Date. 13.1.5 A duly executed counterpart of a closing statement for the Closing. 13.1.6 Any other documents or items to be delivered pursuant to this Agreement or other documents reasonably required by the Title Company or Developer and that do not include the payment of money, indemnity, or the assumption of any liability or obligation. 13.2 Developer's Obligations at Closing. On the Closing Date, Developer shall (i) purchase and acquire Campbell Court from the City, and (ii) sell and transfer the Future Rail Station Parcels to the City, by delivering or causing to be delivered to the City the following: 13.2.1 The duly executed Future Rail Station Parcels Deed, conveying to the City the Future Rail Station Parcels in accordance with the provisions of this 22 Final draft 12.27.2018 Draft January 14, 2019 Agreement in their "as is" condition without any warranties or representations with respect to the presence of hazardous materials. At the request of the City, Developer shall convey the Future Rail Station Parcels to the City by using the survey of the Future Rail Station Parcels obtained by the City during the City's Inspection Period as the description in the Future Rail Station Parcels Deed provided to the extent of any differences in the survey and Developer's source deed, any such discrepancies will be conveyed by quit claim deed. 13.2.2 A copy of the owner's title insurance policy, without standard exclusions or special exceptions, issued and effective, insuring fee simple title to the Future Rail Station Parcels is vested in Developer or if Developer acquiring the Future Rail Station Parcel, at or in connection with Closing, a Pro Forma title insurance policy. 13.2.3 A mechanics' lien affidavit executed by Developer, satisfactory to the Title Company, and to the effect that no work has been performed at the Future Rail Station Parcels by Developer in the 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 in full. 13.2.4 Such documents as may be reasonably required by the City to evidence the authority of the person(s) executing the various documents on behalf of Developer in connection with this Agreement. 13.2.5 A written certification that Developer's representations and warranties set forth in Section 18.2 of this Agreement remain true and correct as of the Closing Date. 13.2.6 A duly executed counterpart of the closing statement for the Closing. 13.2.7 Evidence reasonably satisfactory to the City that Developer, at Developer's option, and with the approval of FTA, either (1) has assumed the leases of any tenants and occupants of Campbell Court effective as of Closing Date, and paid all amount due to tenant and occupants of the Future Rail Station Parcels due under the Uniform Relocation Act, or (ii) has paid all amounts due to tenants and occupants of Campbell Court whose leases were not assumed and the Future Rail Station Parcels under the Uniform Relocation Act, including without limitation, payment of all displacement costs and expenses and all relocation expenses of any such tenants ( "Tenant Relocation Expenses "). Unless this Agreement is terminated as provided herein, the City agrees not to renew any lease for Campbell Court without the consent of the Developer except on a month -to -month basis. 13.2.8 Any other documents required to be delivered pursuant to this Agreement or reasonably required by the City and that do not require (except as set forth in this Agreement) the payment of money, indemnity or the assumption of any liability or obligation. 23 Final draft 12.27.2018 Draft January 14, 2019 13.3 Prorated Expenses. At the Closing, real property taxes, stormwater utility fees, and solid waste collection fees, if any, shall be prorated as follows, with respect to Campbell Court, the City shall be responsible for all amounts due prior to the Closing Date and Developer being responsible for all periods thereafter; and with respect to the Future Rail Station Parcels, Developer shall be responsible for all amounts due prior to the Closing Date and the City being responsible for all periods thereafter. The settlement of such prorated expenses shall occur at the Closing or as soon thereafter as reasonably possible. 13.4 Developer's Expenses. Developer shall pay for (i) all costs of Developer's investigations of Campbell Court, including but not limited to Developer's examination of title; (ii) all attorneys' fees and expenses incurred by legal counsel for Developer; (iii) any Grantee's tax and the recording charges required in connection with the Campbell Court Deed; (iv) the title insurance premium for issuance of the Title Policy; and (v) Grantor's Tax, if any, for the transfer of the Future Rail Station Parcels. 13.5 The City's Expenses. The City shall pay for (i) the Grantor's tax, if any, for transfer of Campbell Court; (ii) the Grantee's tax, if any, and the recording charges for the transfer of the Future Rail Station Parcels; and (ii) its legal fees and expenses in connection with this Agreement including the fees and expenses in connection with the City Inspections. 13.6 Possession. 13.6.1 The City shall deliver exclusive possession of Campbell Court to Developer on the Closing Date, subject to the provisions of this Agreement. 13.6.2 Developer shall deliver exclusive possession of the Future Rail Station Parcels to the City on the Closing Date, subject to the provisions of this Agreement. ARTICLE XIV POST - CAMPBELL COURT CLOSING OBLIGATIONS OF DEVELOPER Developer shall satisfy the following conditions following the Closing: 14.1 Developer shall commence Construction of the Development Project within ninety (90) Days following the Closing Date. 14.2 Developer shall complete the Development Project by the Construction Completion Date in substantial conformance with the terms and conditions of the Development Project, and shall follow City streetseape design standards for all work within any public right -of -way. 24 Final draft 12.27.2018 Draft January 14, 2019 14.3 Developer shall remove, at its sole cost and expense and in compliance with Applicable Law, all underground tank storage systems located at Campbell Court. 14.4 Developer shall satisfy all performance standards set forth in the Special Construction Requirements Performance Grant Agreement, the Public Infrastructure Improvements Performance Grant Agreement, and the EDA Operating Performance Grant Agreement. In the event that Developer fails to perform any of its obligations under this Section 14, the City shall have all of its remedies under this Agreement and the City and the EDA, as applicable, will have all of their respective rights and remedies under the Special Construction Requirements Performance Grant Agreement, the Public Infrastructure Improvements Performance Grant Agreement, and the EDA Operating Performance Grant Agreement. ARTICLE XV CONDEMNATION 15.1 The City has no actual knowledge of any pending or threatened condemnation of Campbell Court. However, if, after the Effective Date and prior to the Closing Date, all or any part of Campbell Court is subject to a bona fide thereat of condemnation or condemned or taken by a Government Entity having the power of eminent domain or a transfer in lieu of condemnation, the City shall promptly notify Developer in writing and within thirty (30) Days after receipt of written notice, either Party may, by written notice to the other party elect to cancel this Agreement 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 Agreement shall be deemed terminated and of no further force and effect. If no such election is made by either Party to cancel this Agreement, this Agreement 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 the City shall assign, transfer, and set over to Developer all of the right, title, and interest of the City in and to any awards that have been or that may thereafter be made for any such taking or takings with respect to Campbell Court. 15.2 Developer has no actual knowledge of any pending or threatened condemnation of the Future Rail Station Parcels. However, if, after the Effective Date, and prior to the Closing Date, all or any part of the Future Rail Station Parcels are subject to a bona fide threat of condemnation or condemned or taken by a Government Entity having a power of eminent domain or a transfer in lieu of condemnation, Developer shall promptly notify the City in writing and within thirty (30) Days after receipt of written notice, either Party may, by written notice to the other, elect to cancel this Agreement prior to the Closing Date, in which event all Parties shall be relieved and released of any further duties, obligations, rights, or liabilities hereunder and this Agreement shall be deemed terminated and of no filrther force or effect. If no such election is made by either Party to cancel this Agreement, this 25 Final draft 12.27.2018 Draft January 14, 2019 Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken in condemnation or eminent domain, shall be effected without further adjustment and on the Closing Date, Developer shall assign, transfer, and set over to the City all of the right, title, and interest of Developer in and to any awards that have been made or may thereafter be made for any such taking or takings with respect to the Future Rail Station Parcels. ARTICLE XVI 1.7Ll"WOaI[17-V 16.1 Risk of loss by fire or other casualty for Campbell Court shall be on the City until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If Campbell Court is substantially damaged or destroyed before the Closing by such casualty, then either of the Parties may cancel this Agreement by giving written notice of such cancellation to the other Party and neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). In the event that neither Party cancels this Agreement, Developer shall acquire Campbell Court in accordance with this Agreement and shall receive all proceeds of insurance. 16.2 Risk of loss by fire or other casualty for the Future Rail Station Parcels shall be on Developer until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If the Future Rail Station Parcels are substantially damaged or destroyed before the Closing by such casualty, then the City may elect to (i) acquire the Future Rail Station Parcels and receive all proceeds of insurance received by Developer; or (ii) cancel the Closing, in which event, neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). Developer shall maintain fire and extended coverage insurance on the Future Rail Station Parcels, at the full replacement value, pending consummation of the Closing. ARTICLE XVII BROKER'S COMMISSIONS 17.1 The Parries represent, and warrant that they have 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. ARTICLE XVIII REPRESENTATIONS AND WARRANTIES 18.1 Cites Representations and Warranties. The City represents and warrants, as of the Effective Date and as of the Closing, to Developer, with respect to Campbell Court that: 18.1.1 Title. The City has entered into the City and GRTC Exchange Agreement and, upon performance of the City and GRTC Exchange Agreement, the 26 Final draft 12.27.2018 Draft January 14, 2019 City will be the legal and beneficial fee simple title holder of Campbell Court, and will have good, marketable title to Campbell Court, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, right -of -way, options, judgments, or other matters, subject only to such matters disclosed in the title report and existing plat for Campbell Court. The City will convey Campbell Court to Developer by Campbell Court Deed. 18.1.2 Special Taxes. Campbell Court is subject to the Downtown Service District special assessment set forth in Sections 32 -102 through 32- 102.4, Code of the City of Roanoke (1979), as amended. The City has no knowledge of, nor has it received notice of, any other special assessments or special taxes relating to Campbell Court or any part thereof. 18.1.3 Condemnation. The City 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 Campbell Court or the limiting or denying of any right of access thereto. 18.1.4 Hazardous Materials.The City makes no representations with respect to Campbell Court. 18.1.5 Leases. Campbell Court is subject to the Leases identified in Exhibit G attached hereto and made a part hereof. Such leases shall not be modified, amended, or extended without the prior written approval of Developer. 18.1.6 Access. Access to Campbell Court is provided at Campbell Avenue, S.W., and Salem Avenue, S.W., public streets. 18.1.7 No Conflicts. The City's execution and performance of this Agreement does not (i) breach any other agreement to which the City is a party; or (ii) violate any law, judgment, or order to which the City is subject. 18.1.8 No Notice of Violation. The City has received no notice of any violation of the zoning requirements or other Applicable Law with respect to Campbell Court. 18.19 No Litigation. No litigation, claim, or arbitration is pending or, to the knowledge of the City or GRTC, threatened, with regard to Campbell Court. 18.2 Developer's Representation and Warranties. Developer represents and warrants, as of the Effective Date and as of the Closing, with respect to Future Rail Station Parcels that: 18.2.1 Title. Developer has legal, binding agreements to acquire the Future Rail Station Parcels and, as of the Closing will be the legal and beneficial fee simple titleholder of Future Rail Station Parcels and has good, marketable title 27 Final draft 12.27.2018 Draft January 14, 2019 to Future Rail Station Parcels, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, rights of way, options, judgments, or other matters, created by Developer, subject to all matters disclosed by the Title Report and the plat of the Future Rail Station Parcels. Developer will convey or cause to be conveyed, title to the Future Rail Station Parcels to the City by the Future Rail Station Parcels Deed. 18.2.2 Condemnation. Developer 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 Future Rail Station Parcels or the limiting or denying of any right of access thereto. 18.2.3 Special Taxes. The Future Rail Station Parcels are subject to the Downtown Service District special assessment as set forth in Sections 32 -102 through 32- 102.4, Code of City of Roanoke (1979), as amended. Developer has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Future Rail Station Parcels or any part thereof. 18.2.4 Hazardous Materials. Developer makes no warranties, covenants, or representations of any type regarding hazardous materials of any type with respect to the Future Rail Station Parcels. 18.2.5 Leases. The Future Rail Station Parcels are subject to the Leases identified in Exhibit H attached hereto and made a part hereof. The leases shall not be modified, amended, or extended without the prior written approval of the City. At the sole option of the City, all such leases shall be terminated prior to the Closing. 18.2.6 Access. Ingress to and egress from the Future Rail Station Parcels is available and provided through Jefferson Street and Norfolk Avenue, S.W.. 18.2.7 No Conflicts. Developer's execution and performance of this Agreement does not: (1) breach any other agreement to which Developer is a party; or (ii) violate any law, judgment, or order to which Developer is subject. 18.2.8 No Notice of Violations. Developer has received no notice of any violation of zoning requirements or other ordinances, rules or regulations with respect to Future Transit Station Parcels. 18.2.9 No Litigation. There is no litigation, claim, or arbitration, pending or, to the knowledge of Developer, threatened, with regard to Future Rail Station Parcels. 28 Final draft 12.27.2018 Draft January 14, 2019 18.2.10 Due Organization. Developer is a Virginia limited liability company, qualified to conduct business and in good standing in Virginia, and has the right to own its assets and operate it business in the ordinary course. (i) The sole member of Developer is Lucas Thornton. (ii) The sole manager of Developer is Lucas Thornton. (iii) The manager of Developer have been authorized to execute and perform this Agreement, the documents and agreements referred to in this Agreement, and take all actions necessary to effectuate this Agreement on behalf of Developer. ARTICLE XIX DEFAULT IN CLOSING OBLIGATIONS 19.1 Developer Default. In the event that the Closing does not occur solely by reason of default by Developer, and the City has fully performed its obligations and is prepared to consummate the Closing, the City shall retain the GRTC Relocation Expenses Payment and shall have all of its remedies at law or in equity, including the remedy of specific performance. The City may also retain the GRTC Relocation Expenses Payment and terminate this Agreement and neither Party shall have any further rights or obligations hereunder except for Developer's indemnity obligations that will survive the termination of this Agreement. 19.2 City Default. In the event that the Closing does not occur solely by reason of default by the City, and Developer has fully performed its obligations and is prepared to consummate the Closing, Developer shall have all of its remedies at law or in equity, including the remedy of specific performance. Developer may terminate this Agreement, in which event the GRTC Relocation Expenses Payment shall be reimbursed to Developer and upon Developer's receipt of such payments neither Party shall have any further rights or obligations hereunder. ARTICLE XX LIMITATIONS ON ASSIGNMENTS Each Party agrees not to assign or transfer any part of the Party's rights or obligations under this Agreement 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 Agreement. 29 Final draft 12.27.2018 Draft January 14, 2019 ARTICLE XXI 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 City: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -1213 If to Developer: Hist:Re Partners, LLC ATTN: Lucas Thornton 631 Campbell Avenue, SE Suite 1 Roanoke, VA 24013 With a Copy to: Woods Rogers PLC ATTN: R. Neal Keesee, Jr. 10 S. Jefferson Street, Suite 1400 Roanoke, VA 24011 Fax No. 540- 983 -7711 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. ARTICLE XXII APPROVAL BY CITY COUNCIL This Agreement is subject to approval by the City Council of the City of Roanoke after public hearing. Developer sball be responsible for all advertising costs and other expenses incurred by the City and paid to third party vendors in connection with public hearings. 30 Final draft 12.27.2018 Draft January 14, 2019 ARTICLE XXIII GENERAL PROVISIONS 23.1 Time. Time is of the essence in the performance of the Parties' respective obligations in this Agreement. 23.2 Successors and Assigns. This Agreement shall inure to the benefit of, and be binding on, the Parties hereto and their respective successors and permitted assigns. 23.3 Counterpart Copies. This Agreement may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Agreement binding on all of the Parties hereto, notwithstanding that all of the Parties are not signatories to the same counterpart. 23.4 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement 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 Agreement or any amendments or exhibits hereto. 23.5 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. 23.6 Cooperation. Each Party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. 23.7 Authority To Sign. The persons who have executed this Agreement on behalf of the Parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. 23.8 Non - waiver. Each Party agrees that any Party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any Party's waiver of any particular breach of this Agreement 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 Agreement or a waiver of any other breaches of the Agreement 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 Agreement 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 Agreement or by law. 23.9 Faith Based Organizations. Pursuant to Virginia Code Section 2.2.4343.1 be advised that the City and GRTC do not discriminate against faith -based organizations. ARTICLE XXIV NONDISCRIMINATION 24.1 Developer 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 31 Final draft 12.27.2018 Draft January 14, 2019 occupational qualification reasonably necessary to normal operation of Developer. Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 24.2 Developer in all solicitations or advertisements for employees placed by or on behalf of Developer will state that Developer is an equal opportunity employer. 24.3 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. ARTICLE XXV COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION Developer agrees to comply with all Applicable Law, including all licensing requirements. Developer further agrees that Developer does not, and shall not, during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. ARTICLE XXVI COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA Developer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth 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. Developer 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 Closing, and to promptly cure any such lapse, revocation or cancellation following notice from the City. It shall be a condition of the City's closing obligations under Articles X and XI above that Developer not be in breach of this Article XXVI. ARTICLE XXVII APPROPRIATION OF FUNDS All obligations or funding to be undertaken by the City in connection with this Agreement 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 fiinding for the City'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 Agreement, with the result that City is unable to perform its obligations under this Agreement, City shall provide Developer with written notice of such unavailability of funding. 32 Final draft 12.27.2018 Draft January 14, 2019 ARTICLE XXVIII FORCE MAJEURE None of the Parties shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement 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 Developer's lack of funds shall not be deemed to be a reason beyond Developer'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 Agreement, 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 learns 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. ARTICLE XXIX ENTIRE AGREEMENT This Agreement, including, without limitation, its exhibits and other attachments, contains the entire understanding of the Parties regarding its subject matter and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to its subject matter. Without limitation, and for avoidance of any doubt, the preceding sentence shall not operate to invalidate or supersede any separate agreements between the Parties regarding the Incentives. No amendment to this Agreement shall be valid unless made in writing and signed by the Parties. ARTICLE XXX FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Agreement, 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 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. 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. 33 Final draft 12.27.2018 Draft January 14, 2019 ARTICLE XXXI TAX FREE EXCHANGE The parties acknowledge that Developer may consummate this transaction as part of a like -kind exchange pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended, provided that: (i) Closing shall not be delayed; (ii) City shall not be required to acquire or hold title to any real property for purposes of consummating the exchange except as contemplated herein, and (iii) City shall incur no additional expense on account of Developer entering into such exchange. Notwithstanding the foregoing, the City agrees to cooperate with Developer to the extent reasonably necessary to effectuate any such exchange. SIGNATURE PAGES TO FOLLOW 34 Final draft 12.27.2018 Draft January 14, 2019 IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. WITNESS: CITY OF ROANOKE, VIRGINIA Robert S. Cowell, Jr. Print name and title City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing Agreement was acknowledged before me this day of , 2019, by Robert S. Cowell, Jr., the duly authorized City Manager of the City of Roanoke, Virginia, a Virginia Municipal Corporation. My Commission expires: Notary Public SEAL Approved as to form: Approved as to execution: 35 Final draft 12.2i.201 8 Draft January 14, 2019 11liviI T ►ISMS Print name and title STATE OF CITY /COUNTY of HIST:RE PARTNERS, LLC L'In Lucas Thornton, Manager/Member The foregoing Agreement was acknowledged before me this day of , 2019, by Lucas Thornton, the duly authorized manager of Hist:Re Partner LLC, a Virginia limited liability company, on behalf of Hist:Re Partners, LLC. My Commission expires: Notary Public 09.1,1Il 30 Final draft 12.27.2018 Draft January 14, 2019 EXHIBIT A Description of Campbell Court Those parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue SW and 30 Salem Avenue SW, Roanoke, VA 24011, and bearing Official Tax Parcel Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, containing, in the aggregate, approximately 1.0674 acres. 37 Final draft 12.27.2018 Draft January 14, 2019 EXHIBIT B Development Project 38 Final draft 12.27.2018 His`: Re PARTNERS LLC December 12, 2018 Mr. Bob Cowell City Manager City of Roanoke 215 Church Ave. S.W., 24011 Re: Exhibit B - Proposed New Street and Real Estate Improvements at the former Campbell Court Site Dear Bob: Thank you for your consideration of the proposed redevelopment of Campbell Court. As an addendum to the architectural renderings included as Exhibit B, 1 have included various notes and details relevant to the project below. Specifically, as part of this project, we are proposing: • A mixed -use development totaling more than 110,000 SF of constructed area. • A contextual architectural design with multiple facades ranging from three to five stories designed to complement the small lot vertical development characteristic of Roanoke. • More than 15,000 SF of retail or office use on the ground level to activate the new street. • More than sixty street trees along the newly built street, as well as along Campbell Avenue and Salem Avenue. • All masonry facades along Campbell and Salem Avenues, as well as the new street. • A new street built with pavers and characterized by greater than 15' wide sidewalks, heavy plantings, new street lamps, benches and bike racks - all in line with the city's standards and goals for Downtown. • New buildings with raised parapet walls to conceal all mechanical systems. • Heavily fenestrated buildings with multiple window types featuring brick and pre- cast concrete sills and headers. • Storefronts defined by awnings, canopies, traditional wood detailing, pre -cast masonry elements as well as a variety of glass window and door configurations. • Traditional cornice types, featuring masonry, pre -cast and wood elements. • More than 300 linear feet of new sidewalk, new cross walks, 12 new on street parking spaces as well as more than 26 off street parking spaces. 631 Conyholl Avi� . q F., Ro,woke VA 24013 (P) 5-10/'.43 -36-40 (f) 540/ 344 - 42207 «ti�w.histrepartn�rs.a�m As we have discussed, the outlined project is expected to cost in excess of $25M and will have a significant transformative impact on the blocks between Jefferson and 1St Street and along Campbell and Salem Avenues as well as Norfolk Avenue. Our development is guided by the principles put forward by the Congress for the New Urbanism and looks to the defining historic, commercial vernacular architecture of Roanoke as an inspiration for the future. We hope that our emphasis on the pedestrian's experience will be manifest and that the proposed project will be a complement to the town we know and love. If you have any questions or would like to discuss further, please do not hesitate to contact me Thank you very much for your leadership and guidance on this project. Sincerely, Lucas L. Thornton Managing Member The Hist:Re Partners, LLC CC Brian Townsend, Assistant City Manager Sherman Stovall, Assistant City Manager The Honorable Sherman P. Lea, Sr., Mayor Ra .=r U Cd w Cd b 0 b 3 � a, a� k ao . o � Q � v Q o � � O n F� x w O Q �O \` Cd Cd � fu cz U U � k� \�� } ui z �`4 v 0 z i 0 w U Q n Cn J Q U � � o w G LJ_ w Q O O w w z o U � J z U OU 0 w m > O O b x H LL N o O O o z z V K Q w J w w J w w H CO a Z m -ate U F O X a w 0 Z O F U D F- LU (h Q O U U U) W O O H LL H F- 0 O Z Z z n Q LLI Q ry 0 0 1 LL 0 z O U w Q Z m � Y O x a w 0 0 m 0 Z o O Q o U H U J Z _ Q O U U U) m > O O ti H LL G O O o Z Z 02 4Z ^J LL LU I..L Q 0 0 J LL I— a z m U Q y O X a LLI 0 O a Z O U ° D H U) Z m O -_ U W . > O o ti LL N F- C Z d 4Z ^J LL w L1 O O J LL ry 0 LL a z c� m �+ U -Q Y O X a W ° J w U U 0 O F- Z Q w w U Q Ov Q w w U) O a Z O U ° D H U) Z m O -_ U W . > O o ti LL N F- C Z d 4Z ^J LL w L1 O O J LL ry 0 LL a z c� m �+ U -Q Y O X a W ° c � r� � r f r M N � O N ^Z LL Q w 1..1� �Q L.L O O J LL LL Q Z_ U K 1 m � y ..0 O x a w r li� .t r fia ie� ?5il ec■ e. ii �i (ii� 1IL-1 Lf 0 0 00 om �i LL� LL`y LL LL� � fia ie� ?5il ec■ e. ii �i (ii� 1IL-1 Lf LLI L11 LL ED I-: � -�: 'M _Iii- EID ED IM 1IL-1 Lf LLI L11 LL ED I-: � -�: 'M _Iii- �I 1 � I' z O F— w J W O W I- X w Z OD � .Q Y x G W 4 :t o a 8o wY O ~ W N LL h Z O U 7 H W U J Z m Q O U U O O O LL H H A Z Z N Z O Q W J W O w x w Q Z m � y X Q W ° �, �� am�� , �9wo����nDp�dwo �} \ \ \ } \ \} \\ \ \} \ \} \ \} \ \ \\ - . - :92 \ \} / /: :[ \ -,F,F R\)\§) / \[ \ Draft January 14, 2019 EXHIBIT C GRTC Relocation Parcels and GRTC Relocation Parcels Owners GRTC Relocation Parcels Owners GRTC Relocation Parcels Brandon Woody and Booker, LLC Certain parcels of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W. and 325 Salem Avenue, S. W., Roanoke, Virginia, and bearing Official Tax Map Nos. 1010113 and 1010115, respectively The Brandon Company, Incorporated. A certain parcel of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010121 The Brandon Company., Incorporated A certain parcel of real property, together with improvements thereon, situated at 0 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map No. 1010122 39 Final draft 12.27.2018 Draft January 14, 2019 EXHIBIT D Description of Future Rail Station Parcels Two (2) parcels of real property, together with improvement thereon, owned by T -W Properties, a Virginia partnership, situated at (i) 1 Jefferson Street, S.W. Roanoke Virginia, bearing Official Tax Map No. 1010507, and containing 0.1670 acres, more or less, and (ii) 7 Jefferson Street, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1010508, containing 0.1158 acres, more or less. 40 Final draft 12.27.2018 Draft January 14, 2019 EXHIBIT E Public Infrastructure Improvements Final draft 12.27.2018 41 Draft January 14, 2019 PARTNERS LLC Project Tide: Campbell Court- Publie lntiastructure lmpruwolent Projected Schedule of values Estimate Date: Wednesday, December 12, 2018 Potential Bids: - ProjectsF; 1. /S Acres of Clty Improvements -. Base Bid: a a.,,. Bidding? Architectural Design $ 45,000 Civil Lngimoerinv S 4$,090 Landscape Architntural Design = 5 30,600 Special inspections S 30,000 General Conditions @ 6% = $ 145,000 Larthwork (Site) 3,590 CY @ 5 26 5 90,000 LDPaving Stamping Salem 3,000 5Y @ $ 30 = $ 90,000 HD Paving New Street SY @a $ 40 = $ Alternate Paving 5eclion 0 SY is $ 50 $ Mill and Overlay Campbell 500 SY @ $ 50.00 = $ 25,000 1 rafi7c and Regulatory Signage (.Site) 5 35,000 Gravel &Aggregates 166/ CY @ $ 30 S SO, 000 Concrete Underloyment 1300 SY @ $ 192 $ 250.100 Curb (CG 2) Sa lom Pedestrian Refuge, 200 LF @ $ 15 $ 11,600 Curb CtA Lntrances 4 ea. ® 515,000 = $ 60,000 Curb (CG W 600 U @ $ 100 = S 60,000 Stairs 0 51- @ S 15 = 5 Sldcawralks 5.000 Sh 6 5 21 S 13S,DDO street Paver, /, /00 5P V $ 39 5 230.000 Nardscaping 850 SK @ S 20 11,000 Lqulpment Pads @ _ 5 Water Utilities est. 450 Li @ 5 285 $ 128,250 Liectrical Utilities New Service & Vauk es[. 185 165,000 Sanitary el S50 Lh 0e, 5 211 = S 123.140 Storm Drainage Utilities Inc, structure` est. 350 Lh @ $ 300 = $ 105,100 Surveying 1 $ 35,000 Londscapine, 1.75 acres @ $ 9S, D00 Street Lamps 12 ea. Q S 15,000 $ 1,,0,000 Genchcs a ca. @ 5 S,ODO 5 20.GCO Oike Racks 2 ca. @ 5 2,500 S 5,000 GC Profit & Overhead N-' SW, $ 164,i2O 101ALS: $ 2,313,/20 $ULICON IRAC I OR 101 AL: $ 2.313,120 Additional Requirements: TRADE TOTAL: S 2,373,720 42 Final draft 12.27.2018 Draft January 14, 2019 EXHIBIT F Special Construction Requirements Final draft 12.27.2018 43 Draft January 14, 2019 Hift: PARTNERS LLC Project Title: Campbell Court- Special Construction Requirements Projected Schedule of Values Estimate Date: Wednesday, December 12, 2018 Potential Bids: - Project SF: 34,475 .a.., n 44 Final draft 12.27.2018 Base Slid: �::�'" x,•as'.�;. �.;�' bidding? r,� �� ��x ,: �a �� .�'� � �1 -.' LILL Structural Engineering = $ 4S,000 Civil Engineering S 15,000 Special lnspecbons = $ 65,000 General Conditions (p7 6.0% = 5 130,000 Earth Work $ 225,000 Gravel & Aggregates $ 85,000 Storm Drainage Utilities - Inc, structures est. 200 LF @ 300 $ 60,000 Cast -In -Place Concrete Underpinning 30 CY @ $ 2,500 - $ 75,000 Footings 400 CY @ $ 450 $ 180,000 Slab on Grade 34,47S SP @ $ 8.50 $ 293,038 Columns Cr f = 5 Walls CY (0 S - Miscollaneous 20 CY L S 450 = S 9,000 Reinforcing Labor 10 Tats ht $350 = 5 4,500 Wire Labor 34,475 SF Ott 5 1.25 = $ 43,094 Subcontractor Adjustment Upgraded Micro Piles gil = S 675,000 Upgraded Caissons - 5 225,000 Reinforcing - ReinforcingMatcrial 75 Tons $ 1,000 = $ 75,000 Wire Material 34,475 SF @ $ 1,25 $ 43,094 Tax 236,188 610 5.30% = $ 12,518 Miscellaneous items Flowable fill below all footings 500 CY 9 $180 = $ 90,000 Elevated Equipment Pads &Transformers 2 ea. Cm $30,000 = $ G0,000 GC Profit & Overhead 8% _ $ 162,819 TOTALS: $ 2,593,062 SUBCONTRACTOR TOTAL: $ 2,593,062 Additional Requirements: Nutter pouring TRADE TOTAL: $ 2,593,062 44 Final draft 12.27.2018 Draft January 14, 2019 EXHIBIT G Leases at Campbell Court Tenant Location Term 727 Mart, Inc. 2,200 square feet located on Expires February 28, 2019 (3 Optional one year the ground floor at 31 -B renewals: 3/1/2019 to 02/29/2020, 3/1/2020 to Campbell Avenue S.W. 02/29/2021, 3/1/2021 to 02/28/2022) Greyhound 3,000 square feet located on Expires June 30, 2019 (1 additional one year Lines, Inc. the ground floor at 26 Salem renewal July 1, 2019 -June 30, 2020) Avenue S.W. Pyxis, Inc. 787 square feet located on Expires June 30, 2019 (1 additional one year the third floor at 31 -J renewal July 1, 2019 -June 30, 2020) Campbell Avenue S.W. Agreements for monthly parking permits, which are terminable. 45 Final draft 12.27.2018 Draft January 14, 2019 EXHIBIT H Leases at Future Rail Station Parcels Lease Agreement dated January 1, 2010, between Rutherfoord Properties, LLC and Marsh & McLennan Agency (successor by merger to Thomas Rutherfoord, Inc.), which Lease expires December 31, 2019. 46 Final draft 12.27.201 S SHERMAN M STOVALL, ASSISTANT CITY MGR Attn R. BRIAN TOWNSEND, ASSISTANT CITY MANAGER 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Date 01/20/2019 The Roanoke Times Roanoke, Virginia Affidavit of Publication Category Description Ad Size Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 99 L Publisher of the Roanoke Times Account Number 6017304 Date January 14, 2019 1, (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: 01/14/2019 The First insertion being given ... 01/14/2019 Newspaper reference: 0000881715 Billing Representative Sworn to and subscribed before me this Monday, January 14, 2019 Total Cost 521.44 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU alk 74� Notary P4 li (} �yi �: UT,' R i �� FU>LIC l State of Virginia City/County of Roanoke F.` EU. r33243321,;64 j1) = hw co��nI SS04 : My Commission expires bra, '• F.YNIRt' �- d r) ,• k . THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU A copy of the proposed City and Developer Exchange Agreement and draft 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, January 14, 2019. For further information on the matter, You *� PM you may contact the Office of the City Clerk at(540)853 -2541. NOTICE OF PUBLIC HEARING All parties and interested entities may appear on the above date and Pursuant to the requirements of time to be heard on the above matter. Sections 15.2. 1800.8 and 15.2.1813, Code of Virginia (1950), as amended, If you are a person with a disability notice is hereby given that the Council of the City of Roanoke will hold a public who needs accommodations for this hearing, please contact the City Clerk's hearing on Tuesday, January 22, 2019, Office at (540) 853 -2541 before 12:00 at 7:00 p.m., or as soon thereafter as Noon on Thursday, January 17, 2019. the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Given under my hand this 14th day Taylor Municipal Building, 215 Church of January 2019. Avenue, S.W., Roanoke, Virginia 24011, to receive public comments on the Stephanie M. Moon Reynolds, City Proposed sale and exchange of Clerk Campbell Court, as described below, to Hist:Re Partners, LLC ( "Developer ") (881715) by the City of Roanoke, Virginia ( "City "), in accordance with the terms and conditions of the proposed Agreement for the Exchange of Real Estate between the City and Developer ( "City and Developer Exchange Agreement ") that includes the City's acquisition of two parcels of property, currently used as office space for an insurance company and currently owned by T -W Properties, situated at 7 Jefferson Street, S.W. (Official Tax Map Nos. 1010507 and 1010508) ( "Future Rail Station Parcels "). The City and Developer are proposing to enter into the proposed City and Developer Exchange Agreement under which the City, after it acquires the transportation center owned by Greater Roanoke Transit Company described as Campbell Court ( "Campbell Court"), would transfer Campbell Court to Hist:Re Partners, LLC in exchange for the Future Rail Station Parcels. Campbell Court consists of 13 parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue, S.W., Roanoke, Virginia 24011 and 30 Salem Avenue, S.W., Roanoke, VA 24011, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129. Under the proposed City and Developer Exchange Agreement, Developer will transfer the Future Rail Station Parcels and provide other consideration to the City. An express condition precedent to the City and Developer Exchange Agreement is the acquisition of Campbell Court by the City, pursuant to the terms of the Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Greater Roanoke Transit Company ( "City and GRTC Exchange Agreement "). A copy of the proposed City and Developer Exchange Agreement and draft 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, January 14, 2019. For further information on the matter, You *� PM you may contact the Office of the City NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2- 18003 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 Tuesday, January 22, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, to receive public comments on the proposed sale and exchange of Campbell Court to Hist:Re Partners, LLC ( "Developer ") by the City of Roanoke, Virginia ( "City "), in accordance with the terms and conditions of the proposed Agreement for the Exchange of Real Estate between the City and Developer ( "City and Developer Exchange Agreement ") that includes the City's acquisition of two parcels of property, currently used as office space for an insurance company and currently owned by T -W Properties, situated at 7 Jefferson Street, S.W. (Official Tax Map Nos. 1010507 and 1010508) ( "Future Rail Station Parcels "). The City and Developer are proposing to enter into the proposed City and Developer Exchange Agreement under which the City, after it acquires the transportation center owned by Greater Roanoke Transit Company described as Campbell Court ( "Campbell Court"), would transfer Campbell Court to Hist:Re Partners, LLC in exchange for the Future Rail Station Parcels. Campbell Court consists of 13 parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue, S.W., Roanoke, Virginia 24011 and 30 Salem Avenue, S.W., Roanoke, VA 24011, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129. Under the proposed City and Developer Exchange Agreement, Developer will transfer the Future Rail Station Parcels and provide other consideration to the City. An express condition precedent to the City and Developer Exchange Agreement is the acquisition of Campbell Court by the City, pursuant to the terms of the Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Greater Roanoke Transit Company ( "City and GRTC Exchange Agreement "). A copy of the proposed City and Developer Exchange Agreement and draft 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, January 14, 2019. 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, January 17, 2019. Given under my hand this 14th day of January 2019. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, January 14, 2019. Please send bill to: R. Brian Townsend, Assistant City Manager for Community Development 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 STEPHANIE M. MOON REYNOLDS, MM(' City Clerk 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 E-mail: elerk(n roanokeva.gov January 29, 2019 Neil Aneja 1138 Montrose Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Aneja: CECE:LIA F. MCCOY Deputy City ('Jerk CECEL.IA 1'. WEBB, CMC Assistant Deputy City Clerk Your Petition for Appeal regarding a decision of the Architectural Review Board denying your request to retain nine newly installed Ply Gem wood windows at 817 Ferdinand Avenue, S. W., which is not consistent with the H -2 Guidelines, was before the Council of the City of Roanoke at its regular meeting held on Tuesday, January 22, 2019. On motion, duly seconded and adopted, Council concurred with the opinion of the City Attorney, on behalf of the Planning, Building and Development Department, dated December 18, 2018, and dismissed this appeal for failure of applicant to file the appeal with the City Clerk within the 30 day period as set forth in Section 36.2- 530(c)(5), Code of the City of Roanoke (1979), as amended. Sincerely, Stephanie M. Moon Reynolds, C City Clerk PC: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Donna Payne, Secretary, Architectural Review Board STEPHANIE M. MOON REYNOLDS, MM( City Clerk 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 E -mail: clerk @,roanokeva.gov November 20, 2018 The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. MCCOY Deputy City Clerk C:ECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of a Petition for Appeal filed by Neil Aneja regarding a decision of the Architectural Review Board at its meeting on October 11, 2018, denying request to retain nine newly installed Ply Gem wood windows that fit the size of the original wood windows at 817 Ferdinand Avenue, S. W., which is not consistent with the H -2 Guidelines. The petition was received in the City Clerk's Office on Monday, November 19, 2018, inasmuch as the Petition was inadvertently filed with the Clerk of Circuit Court on November 7, 2018 (see attached Official Receipt from the Roanoke City Circuit Court, Civil Division). Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting may be scheduled for Tuesday, January 22, 2019, at 7:00 p.m. (due to the City offices closed on Monday, January 21 in observance of King /Lee /Jackson Day), or as soon thereafter as the matter may be heard, to render a decision with regard to the Petition for Appeal filed by Mr. Aneja. Sincerely, Stephanie M. Moon Reyn s; MMC City Clerk Enclosure The Honorable Mayor Sherman P. Lea, Sr. and Members of Roanoke City Council November 20, 2018 Page 2 pc: Neil Aneja, 1138 Montrose Avenue, S.E., Roanoke, Virginia 24013 Robert S. Cowell, City Manager Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Donna Payne, Secretary, Architectural Review Board ffl ellmUA IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) Ne,1 Ane;c, Vs ) PETITION FOR APPEAL 7 ono City r1rc�,1,�c�ng�a1 IR e vi �Lw This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): Neil Aneia 2. Doing business as (if applicable): 3; Street address of property which is the subject of this appeal: 817 Ferdinand Ave Sw, Roanoke, VA 24016 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: October 11th, 2018 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 36.2 -331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Approval of plygym wood windows 8. Grounds for appeal: These windows have been approved before 9. Name, title,: address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Neil aneia, Owner, 1138 Montrose Ave Se 540 - 589 -8488 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: Neil Aneia (print or type) Name: (print or type) Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type) Name: (print or type) TO BE COMPLETED BY CITY CLERK: Received by: Date: 718 Nov-19 AMI 1.9f; Receipt: 18000025581 DATE : 11/07/2018 TIME: 10:55:44 CASE # : 770CL1800240600 RECEIPT #: 18000025581 TRANSACTION # : 18110700021 CASHIER: DHK REGISTER # : 8652 FILING TYPE: ACOM CASE COMMENTS: ANEJA, NEIL v. ROANOKE CITY ARB SUIT AMOUNT: $0.00 ACCOUNT OF: ANEJA, NEIL PAID BY: ANEJA, NEIL CASH : $0.00 DESCRIPTION 1 : ACOM:APPEAL - COMPENSATION BOARD 2: PLAINTIFF: ANEJA, NEIL 3: NO HEARING SCHEDULED Page 1 of 1 PAYMENT : FULL PAYMENT TENDERED:$ AMOUNT PAID: $ +..0 Lrl r. C� ,-4 0.00 0.00 PAYOR'S COPY CLERK OF COURT: BRENDA S. HAMILTON RECEIPT COPY 1 OF 2 ACCOUNT DESCRIPTION PAID CODE' 304 CIVIL FILING FEE (LAW & EQUITY) $0.00 Page 1 of 1 PAYMENT : FULL PAYMENT TENDERED:$ AMOUNT PAID: $ +..0 Lrl r. C� ,-4 0.00 0.00 PAYOR'S COPY CLERK OF COURT: BRENDA S. HAMILTON RECEIPT COPY 1 OF 2 Filed in the Clerk's Ogice this-7"- day of V 20.�2 Writ Tax $ 206 Fee $ Fee 426 Fee :yA Uh Fee Taste: 123 Fee BRENDA S. HAMILTON. CLERK 106 Fee 170 Fee DC 147 Fee Total Paid Stoll CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540 - 853 -2431 Daniel J. Callaghan FAX 540 - 853 -1221 City Attorney EMAIL: cityatty@roanokeva.gov December 18, 2018 The Honorable Mayor Sherman P. Lea, Sr. And Members of the Roanoke City Council Roanoke, Virginia Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys RE: Appeal of Neil Aneja regarding Decision of Architectural Review Board Meeting Scheduled for Public Hearing on January 22, 2019 at 7: 00 p.m. Dear Mayor Lea and Members of Council: A Petition for Appeal has been filed by Neil Aneja regarding the October 11, 2018 decision of the Architectural Review Board ( "ARB ") denying Mr. Aneja's request to retain nine newly installed Ply Gem wood windows at 817 Ferdinand Avenue, S.W. The Petition for this Appeal was not filed with the Clerk's Office for the City of Roanoke until Monday, November 19, 2018. City Code Section 36.2 -530 dictates that a property owner who disagrees with the decision of the Architectural Review Board may appeal the decision of the ARB to City Council "provided such petition is filed within thirty (30) calendar days after the final decision..." (Copy of City Code Section 36.2 -530 attached.) Mr. Aneja did not file his petition for Appeal with the City Clerk until thirty -nine (39) days after the ARB made its final decision. Therefore, Mr. Aneja failed to file his appeal within the thirty (30) days required by City Code. As a result, City Council does not have jurisdiction to consider Mr. Aneja's appeal of the ARB decision rendered on October 11, 2018. Since Mr. Aneja has failed to file a timely appeal in accordance with the requirements of City Code, I request, on behalf of the City's Planning Department, that the appeal filed by Neil Aneja on November 19, 2018 be dismissed. Should you have any questions, please do not hesitate to contact me. Sincerely, oth �CityAttomey Se r Assl nt TRS /rry Neil Aneja Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Parviz Moosavi, Agent, Architectural Review Board Donna Payne, Secretary, Architectural Review Board Stephanie M. Moon Reynolds, MMC, City Clerk ILA 10/LV qty KoanoKe, VA lAae oT uralnances Sec. 36.2 -530. - Certificates of appropriateness. (a) Purpose. This section is designed to encourage the preservation and enhancement of the City's historic districts and encourage rehabilitation and new construction in conformance with the existing scale and character of the districts. (b) Applicability. (1) Within the H -1 or H -2 Overlay District, no structure or historic landmark shall be erected, reconstructed, altered, demolished, moved, or restored until a Certificate of Appropriateness has been issued by the Architectural Review Board or, on appeal, by the City Council. (2) No Certificate of Appropriateness shall be issued unless the Architectural Review Board, or the City Council on appeal, finds that the proposed erection, reconstruction, alteration, or restoration is architecturally compatible with the structures or historic landmarks in the applicable historic district. (3) Where a Certificate of Appropriateness is required by this section, the Zoning Administrator shall not issue a permit for the erection, reconstruction, alteration, restoration, demolition, or moving of any structure or historic landmark until such certificate has been issued. Once the permit has been issued, the work shall be routinely inspected to ensure compliance with the terms of the Certificate of Appropriateness. (4) Nothing in this section shall be construed to prevent the ordinary maintenance of any structure or historic landmark in the H -1 or H -2 Overlay District. For the purposes of this section, "ordinary maintenance" means any activity relating to a structure or landmark which constitutes a minor repair of any element of a structure or landmark which is, or should be, performed on a regular and relatively frequent basis to maintain architectural and structural integrity. The determination of whether an activity constitutes ordinary maintenance, or whether an installation or modification otherwise requires a Certificate of Appropriateness under this section, shall be made by the Zoning Administrator in consultation with the Agent to the Architectural Review Board. (A) In the H -1 Overlay District, painting shall be deemed ordinary maintenance, provided that the color of a structure is not changed; however, changing the color of paint or the painting of previously unpainted masonry surfaces shall require a Certificate of Appropriateness. (B) In the H -2 Overlay District, painting shall be deemed ordinary maintenance; however, painting of previously unpainted masonry surfaces shall require a Certificate of Appropriateness. (C) In the H -2 Overlay District, the replacement of porches, stairs, awnings, roofing materials, or windows, or other similar modifications to an element of a structure 1114 I LI 18ILU 10 KoanOKe, vH 4,00e of vralnances or landmark, shall be deemed ordinary maintenance, provided that such replacement is performed using materials that are of the same design as those on the structure or landmark, and provided that such replacement maintains the architectural defining features of the structure or landmark. (5) Nothing in this section shall be construed to prevent the demolition of a structure or historic landmark which the building maintenance code official certifies in writing is required for public safety because of an unsafe or dangerous condition. (c) Procedures. (1) The Architectural Review Board may authorize its Agent to issue any Certificate of Appropriateness. The Agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable district regulations, and shall apply the same guidelines and review standards applicable to the Board. Any person aggrieved by any decision of the Agent made pursuant to this delegation may appeal to the Architectural Review Board by filing with the Board a notice of appeal specifying the grounds thereof within thirty (30) calendar days from when the decision is rendered by the Agent. (2) In order to be heard by the Architectural Review Board at its next regular meeting, a complete application for a Certificate of Appropriateness shall be made to the Secretary to the Board, on forms provided, in accordance with the rules adopted by the Architectural Review Board. In the event of an appeal pursuant to subsection (1), above, a notice of appeal shall be filed with the Secretary to the Board at least fifteen (15) business days prior to the next scheduled meeting. (3) The Architectural Review Board shall vote and announce its decision on any matter not later than fifteen (15) calendar days after the conclusion of the hearing on the matter unless the time is extended with the written consent of the applicant. The Board shall not reconsider any decision made by it, except as provided for in this section. Having once considered an application, the Board shall not hear substantially the same application for one (1) year. (4) In the case of disapproval of an application before the Architectural Review Board, the Board shall briefly state its reasons in writing, and it may make recommendations to the applicant. In the case of disapproval accompanied by recommendations, the applicant may again be heard before the Board, if an amended application that addresses the recommendations of the Board is filed by the applicant within ninety (90) calendar days. (5) Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the Board. The City Council shall schedule the matter for a public meeting and render a decision on the 9!d KoanoKe, VA lAOe or Vrolnances matter within sixty (60) calendar days of the receipt of the petition, unless the property owner and the Agent to the Architectural Review Board agree to an extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board. (6) Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection, reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made available to the applicant. (7) In the event City Council denies an appeal of a decision of the Architectural Review Board, the applicant may file an appeal in Circuit Court pursuant to subsection (d), below. (d) Appeals from City Council decision. Any property owner aggrieved by any final decision of the City Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition setting forth the alleged illegality of the action of the City Council, provided such petition is filed within thirty (30) calendar days after the final decision is rendered by the City Council. The filing of such petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court, except that the filing of such petition shall not stay any action pursuant to the decision of the City Council if such decision denies the right to demolish a structure or historic landmark. The court may reverse or modify the decision of City Council, in whole or in part, if it finds upon review that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or the court may affirm the decision of the City Council. (e) Scope. A Certificate of Appropriateness is valid for a period of one (1) year from the date of the action of the Architectural Review Board or the City Council on appeal. (f) Demolition; offer to sell. (1) In addition to the right of appeal of the City Council's decision asset forth in Section 36.2- 530(d), the owner of a structure or historic landmark within the H -1 or H -2 Overlay District, the demolition of which is subject to this section, shall have the right to demolish such structure or landmark provided that: (A) The property owner has applied to the City Council for such right; and (B) The owner has for the period of time set forth in the time schedule established in subsection (2) below, and at a price not more than its fair market value, made a bona fide offer to sell such structure or landmark and the land pertaining thereto, to the City, or to any person, firm, corporation, or government or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the structure or landmark and the land pertaining thereto; and (C) No bona fide contract binding upon all parties thereto, shall have been executed for the sale of any such structure or landmark and the land pertaining thereto, „a I L! 1 tsizu 10 moanMe, vA t oae or uralnances prior to the expiration of the applicable time period set forth in the time schedule in subsection (2), below. (2) The time schedule for offers to sell shall be as follows: (A) Three (3) months when the offering price is less than twenty -five thousand dollars ($25,000.00); (B) Four (4) months when the offering price is twenty -five thousand dollars ($25,000.00) or more but less than forty thousand dollars ($40,000.00); (C) Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more but less than fifty -five thousand dollars ($55,000.00); (D) Six (6) months when the offering price is fifty -five thousand dollars ($55,000.00) or more but less than seventy -five thousand dollars ($75,000.00); (E) Seven (7) months when the offering price is seventy -five thousand dollars ($75,000.00) or more but less than ninety thousand dollars ($90,000.00); and (F) Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more. (3) Before making a bona fide offer to sell, as provided above, an owner shall first file a statement with the Secretary to the Architectural Review Board identifying the property and stating the offering price, the date the offer of sale is to begin, and the name of the real estate agent. No time period as set forth in the schedule in subsection (2), above, shall begin to run until such statement has been filed. Within fourteen (14) business days of receipt of such statement, the Secretary to the Board shall distribute copies to the City Council, the Architectural Review Board, and the City Manager. (4) Such bona fide offer to sell, in accordance with the provisions of this section, must be made within one (1) year after a final decision by the City Council. If not, an owner must renew his request to the City Council to approve such demolition in order to demolish a structure or historic landmark. (5) Any appeal taken pursuant to Section 36.2- 530(d), shall not affect the right of the owner of a structure or historic landmark to make the bona fide offer to sell referred to above. (Ord. No. 37633, § 9, 11- 20 -06) AIA