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Council Actions 05-20-19
ROANOKE CITY COUNCIL REGULAR SESSION MAY 20, 2019 2:00 P.M. CITY COUNCIL CHAMBER AGENDA PRICE 41447- 052019 1. Call to Order - -Roll Call. Vice -Mayor Cobb was absent; Council Member Osborne arrived late. The Invocation was delivered by The Reverend Alexander McPhail, Pastor, Christ Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. At this point, Council Member Osborne entered the meeting (2:04 p.m.) Welcome. Mayor Lea. NOTICE! This afternoon's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 23 at 7:00 p.m., and Saturday, May 25 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 Unexpired term of office ending December 31, 2021 1 Economic Development Authority — one vacancy Four -year term of office ending October 20, 2023 Fair Housing Board — one vacancy Unexpired term of office ending March 31, 2022 Human Services Advisory Board — one vacancy Four -year term of office ending November 30, 2023 Roanoke Arts Commission — one vacancy Three -year term of office ending June 30, 2022 Roanoke Civic Center Commission — two vacancies Three -year term of office ending September 30, 2022 Unexpired term of office ending September 30, 2020 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2022 Roanoke Redevelopment and Housing Authority - one vacancy Four -year term of office ending August 31, 2023 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: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Martin Jeffrey, 421 Fairfax Avenue, N. W., representing Southwest Virginia Civil Rights Action Center, appeared before the Council in opposition to the proposed plaza honoring Oliver White Hill and referenced comments from the City Attorney and Assistant City Manager for Community Development with regard to the 10th Street Improvement Project. The City Attorney advised that Mr. Jeffrey's concerns would be addressed in writing. Brenda Hale, P.O. Box 12362, appeared before the Council representing NAACP, Roanoke Chapter, regarding violence in the City and insensitive comments made by the Chief of Police. 2 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 meetings of City Council held on Monday, April 1, 2019, Monday, April 15, 2019, and a recessed meeting of Council on Thursday, April 25, 2019; and a Special Meeting of Council held on Monday, April 15, 2019; RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, June 17, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, on the issuance of General Obligation Bonds not to exceed $18.890 million for qualifying capital improvement projects and bond issuance costs. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Clerk advising of the resignation of Ssunny Shah as a member of the Roanoke Civic Center Commission, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -4 Reports of qualification of the following individuals: Joyce Watkins as a Citizen at Large representative of the Youth Services Citizen Board for a three -year term of office ending June 30, 2022; Amar Bhattarai as a member of the Fair Housing Board to fill the unexpired term of office of Charlotte H. Davis ending March 31, 2021; and Stephen Ambruzs as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2022. RECOMMENDED ACTION: Received and filed. 3 REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation with regard to construction of a Plaza in recognition of Oliver W. Hill, Civil Rights Advocate. Senator John S. Edwards, Chair of the Board of Trustees; and Dr. Kay Dunkley, Executive Director, Roanoke Higher Education Authority, Spokespersons. (Sponsored by Mayor Lea and Council Member Davis) Received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Approval of support for the Roanoke Comprehensive Harm Reduction Program Model. Adopted Resolution No. 41447- 052019. (6 -0) 2. Authorization of an encroachment in City's right -of -way located at 3024 Maywood Road, S. W. Adopted Ordinance No. 41448- 052019. (6 -0) 3. Execution of the Virginia Department of Transportation Programmatic Project Administration Agreement Extension Addendum for revenue sharing funds. Adopted Resolution No. 41449- 052019. (6 -0) 4. Execution of Amendment No. 1 to the Agreement for Purchase and Sale of Real Property for the development of a downtown parking facility and hotel. Adopted Ordinance No. 41450 - 052019. (6 -0) 4 COMMENTS OF THE CITY MANAGER. The City Manager offered the following comments: Roanoke's festival season has begun. This past weekend, the annual Local Colors Festival was held in Elmwood Park. 51st Roanoke Festival in the Park • May 24 - 26 • This event began its run in 1968 and has continued annually over the Memorial Day weekend since then in Roanoke's Elmwood Park. • Includes arts, crafts, children's activities, and musical concerts. The kick -off to music for Festival in the Park will be the first concert for the Bud "Light Up the Night" Concert Series • Sunday, May 24 • Performers will be the band "Styx" • Gates open at 5 p.m., music starts at 7:00 p.m. 21st Annual Lebanese Festival • The event will be held May 31 to June 2 at St. Elias Maronite Catholic Church, located at 4730 Cove Road, N. W. • Friday and Saturday 11:00 a.m. — 9:00 p.m.; Sunday 11:00 a.m. — 8:00 p.m. • Offers delicious Lebanese food, Lebanese music, folk dances, kid's activities, and more. • Admission is free. • This is a community -wide event. More information at http: // lebanesefestival .steliaschurch.org 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution reappointing Braxton G. Naff as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office ending October 20, 2023. Adopted Resolution No. 41451 - 052019. (6 -0) 5 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Davis wished her mother a very Happy Birthday! Council Member Bestpitch thanked the City Manager for his efforts in the renaming process for the Church Avenue War Memorial Plaza. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 3:38 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. C ROANOKE CITY COUNCIL REGULAR SESSION MAY 209 2019 7:00 P.M. CITY COUNCIL CHAMBER Call to Order - -Roll Call. Vice -Mayor Cobb was absent. The Invocation was delivered by The Reverend Cecil Scott, Pastor, The Vine Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 23 at 7:00 p.m., and Saturday, May 25 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. 7 A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Phi Beta Sigma Fraternity, Incorporated Members with regard to community service projects in the Roanoke Valley. Mayor Lea recognized four members of Phi Beta Sigma Fraternity, Incorporated; and presented each with a Certificate of Appreciation. Recognition of the City of Roanoke 2019 Leadership College Graduates. Mayor Lea recognized the City of Roanoke 2019 Leadership College Graduates; and presented each with a Certificate of Achievement. B. PUBLIC HEARINGS: Request of CarMax Auto Superstores to repeal all conditions proffered as part of a previous rezoning and establish new conditions on property located at 2903 and 0 (zero) Peters Creek Road, N. W.; and to rezone 2839 Peters Creek Road, N. W., from CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 41452 - 052019. (6 -0) 2. Proposal of the City of Roanoke to consider the sale of property located at 5550 and 5540 Precision Circle, N. W., respectively, to the Roanoke Regional Airport Commission. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41453 - 052019. (6 -0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council as an ambassador for the Lea Youth Outdoor Basketball summer league program; and extended an invitation to attend the games located in Melrose Park. Catherine Koebel, 2625 Longview Avenue, S. W., representing Roanoke Indivisible; Barbara Andes, 2803 Rosalind Avenue, S. W.; and Patricia Suppes, 2139 Broadway Avenue, S. W., appeared before the Council with regard to recent comments made by the Chief of Police. D. ADJOURNED - 7:51 P.M. T SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 Email: clerk @roanokeva.gov May 20, 2019 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price Patricia White -Boyd This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, May 20, 2019. Best wishes for a successful meeting. jJo incerely, eph L. Cobb Vice -Mayor J LC /ctw CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2019 Subject: Public Hearing for Authorization of the Issuance of Debt for FY 2020 Capital Improvement Projects Background: On May 13, 2019, City Council adopted the Capital Improvement Program (CIP) Update for FY 2020 -2024. The CIP includes bond issuance in FY 2020 in the amount of $17.93 million for the following projects: • School Facility Maintenance and Improvements • Library Master Plan • Civic Center • Stormwater Management • Curb, Gutter and Sidewalk Program • Streetscapes Improvements • Fleet Capital Replacements • Technology Capital • Fire Facility Master Plan • Public Works Service Center • Capital Building Maintenance • Transit Facility Total $ 5,000,000 500,000 1,500,000 2,000,000 1,500,000 500,000 1,600,000 1,500,000 530,000 1,500,000 1,000,000 800,000 $17,930,000 Considerations: Council authorization of a public hearing on the issuance of debt is required to ensure that the public hearing notices are published in accordance with State Code requirements. The public hearing is to be scheduled for June 17, 2019 at 7:00 p.m. Recommended Action: Authorize a public hearing to be scheduled at City Council's meeting on June 17, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may determine, on the issuance of general obligation bonds not to exceed $18.890 million for qualifying Capital Improvement Projects and bond issuance costs. This authorization includes authorization to provide proper notification and publication of such public hearing in accordance with State Code requirements on r about June 3, 2019 and June 10, 2019. -- - - - - -- - - --- - - - - -- Robert S. Co eI , 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 F STEYIIANIE 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 (a),roanokeva.gov May 21, 2019 Ssunny Shah 5848 Old Locke Court, S. W. Roanoke, Virginia 24018 Dear Mr. Shah: CECELIA F. MCCOY Deputy City Clerk CECELIA 1'. WEBB, CMC Assistant Deputy City Clerk A communication from the City Clerk advising of your resignation as a member of the Roanoke Civic Center Commission was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, May 20, 2019. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Civic Center Commission from August 18, 2014 to May 20, 2019. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sinearely ecelia T. Webb, CMC Assistant Deputy City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Ssunny Shah AS A MEMBER OF THE ROANOKE CIVIC CENTER COMMISSION FROM AUGUST 1 S, 2014 TO MAY 20, 2019 ON THIS 21 ST DAY OF MAY , 2019 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: SHERMAN P. LEA, SR. a MAYOR ATTEST: CECELIA T. WEBB ASSISTANT DEPUTY 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 F -mail• r1— kra)rnannkp— — STEPHANIE M. MOON REYNOLDS, MMC City Clerk May 20, 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 Ssunny Shah has tendered his resignation as a member of the Roanoke Civic Center Commission, effective immediately. Sincerely, UPD �- rn. 0mzo q400-1 Stephanie M. Moon Reyn Id , City Clerk Re: [EXTERNAL] Civic center Commission Stephanie Moon to: Sunny Shah 05/14/2019 11:21 AM Cc Robyn.Schon, Cecelia Webb Stephanie Moon /Employees /City_of_Roanoke o Sunny Shah <nesume @aol.com> �v. Robyn.Schon6 roanoke ~Ja.c., Cecelia WebblFmployees,` City of f oanoke( City, ofRoanoke Hi Ssunny, I will include the resignation on the Council's May 20 agenda for action. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 (Work) (540) 853 -1145 (Fax) stephanie.moon @roanokeva.gov Sunny Shah Hello Robyn I am sorry I won't be able to attend... 05/14/2019 11:03:29 AM From: Sunny Shah < nesume @aol.com> To: Robyn.Schon @roanokeva.gov, stephanie.moon @roanokeva.gov, nesume @aol.com Date: 05/14/2019 11:03 AM Subject: [EXTERNAL] Civic center Commission Hello Robyn I am sorry I won't be able to attend today's meeting. As I am missing so many meetings due to my other commitments which is not fair to the commission and I would like to turn in my resignation herewith. Thanks for the opportunity and always enjoyed working with the great Commission. We all are proud Of your leadership which is a asset to City of Roanoke If I can be of any help in the future please let me know Thanks Ssunny Shah Sent from AOL Mobile Mail Get the new AOL app: mail.mobile.aol.com STET11ANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chure,h Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(a)roanokeva.gov May 21, 2019 Aisha Johnson Economic Development Specialist Roanoke, Virginia Dear Ms. Johnson: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Joyce Watkins has qualified as a member (Citizen at Large) of the Youth Services Citizen Board for a three -year term of office ending June 30, 2022. Sing rel , 1A Cecelia T. Webb, CMC Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Joyce Watkins, 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 Citizen at Large representative of the Youth Services Citizen Board for a three -year term of office ending June 30, 2022, according to the best of my ability. (So help me God.) JOYCE WATKINS The foregoing oath of office was taken, sworn to, and subscribed before me by Joyce Watkins this --1 day of 2019. Brenda S. Hamilton, Clerk of the Circuit Court Gel =e� By Clerk / STEPHANIE M. MOON REYNOLDS, MMC City Clerk Lara Burleson, Secretary Fair Housing Board Roanoke, Virginia Dear Ms. Burleson: 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(a?roanokeva.8ov May 21, 2019 CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk This is to advise you that Amar Bhattarai has qualified as a member of the Fair Housing Board to fill the unexpired term of office of Charlotte H. Davis ending March 31, 2021. Sincerely, r. . Cecelia T. Webb, CMC Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Amar Bhattarai, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fair Housing Board to fill the unexpired term of office of Charlotte H. Davis ending March 31, 2021, according to the best of my ability. So help me God. AMAR BHATTARA _.� The foregoing oath of office was taken, sworn to, and subscribed before me by Amar Bhattarai this Pd Fk day of M A� 2019. Brenda S. Hamilton, Clerk of the Circuit Court 'i DE VV , Clerk STEMAN1E 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 May 21, 2019 Liz Belcher Roanoke City Greenway Coordinator 1206 Kessler Mill Road Salem, Virginia 24153 Dear Ms. Belcher: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk This is to advise you that Stephen Ambruzs has qualified as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2022. SiPce ely, P __._ -C ceiia T. Webb, CMC Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Stephen Ambruzs, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2022, according to the best of my ability. (So help me God.) STEPHEN AMBRUZS The foregoing oath of office was taken, sworn to, and subscribed before me by Stephen Ambruzs, this L ay of 2019. P A Brenda S. Hamilton, Cjerk of the Circuit Court U U,, Clerk SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 Council Members Email: clerk @roanokeva.gov William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price Patricia White -Boyd May 20, 2019 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Cobb and Members of Council: We jointly sponsor a request of Senator John S. Edwards, Chair of the Board of Trustees; and Dr. Kay Dunkley, Executive Director, Roanoke Higher Education Authority, to present information with regard to the Oliver White Hill Plaza, at the regular meeting of City Council to be held on Monday, May 20, 2019, at 2:00 p.m. Sincerely, C= - I C-'� ? 4 :�Z . Sherman P. Lea, Sr. Mayor U-�t� -�;' '�� �.� Michelle L. Davis Council Member SPL /MLD:ctw Roanoke Higher E ��_m ,� "Q� Authority o Senator John S. Edwards, Chair, Board of Trustees Kay Dunkley, Executive Director i-i ROANOKE HIGHER EDUCATION CENTER " , NX, Request for City to deed property for construction of a plaza • Affords physical connection and pedestrian walkway between RHEA buildings and creates a campus • Allows green space with lawn, trees, lighting, landscape • Provides interpretative signage with inlaid and engraved granite to tell the story of Oliver White Hill • Adds to visitor's attractions along Martin Luther King Memorial Plaza and Henry Street National Register Historic District • Serves as an outdoor learning lab for culinary arts students ROANOKE HIGHER EDUCATION CENTER Roanoke Higher Education Authority wants to honor Oliver White Hill -w-M-R-1w • Request made to Board of Trustees June, 2018 with approval • MOU signed with Oliver White Hill Foundation in August, 2018 Governor appropriated $328,000 for FY20 to construct the plaza x� rMan r 7 I� ROANOKE HIGHER EDUCATION CENTER 'yx t In t meantime... • Historical marker unveiled November, 2018 Hill's childhood home 9 Roanoke's Courthouse: Oliver W. Hill Justice Center 'Ili I ROANOKE HIGHER EDUCATION CENTER Why honor OWH's at higher education center? • Roanoke Higher Education Center sits adjacent to Hill's former law office • His life work resulted in desegregation of public schools, equal pay for teachers and access to admission of minorities to institutions of higher education • Plaza /courtyard opportunity to provide interpretative signage to tell his story and honor his legacy ROANOKE HIGHER EDUCATION CENTER -7 A MWW , w I A X-1 Concept Area UOU 410.4 4 —4 HI C40re Ave Sl—wduw, Avo Concept Plan A z A OLIVER WHITE HILL GREEN AT THE ROANOKE HIGHER EDUCATION CENTER May 19, 2019 Kay Dunkley, Ed.D. Executive Director Roanoke Higher Education Authority 108 N. Jefferson Street Roanoke, Virginia 24016 Dear Dr. Dunkley: I hope this letter finds you doing well and in good spirits. Thank you for your discussions with the Oliver White Hill Foundation in regards to the proposed, Oliver Hill Plaza Project. As you recall, the Foundation and the RHEA entered into an agreement to consider naming opportunities. After meeting, the Foundation recommended that instead of naming a building, hall or venue after Mr. Hill that a Plaza would be more fitting of his contribution to our nation, our Commonwealth and the City of Roanoke. A plaza would serve as a space where people could meet, share and reflect on the life and legacy of Mr. Hill. After some further deliberation, the Foundation continues its support of the Oliver Hill Plaza Project. It is our lasting hope that the Plaza will be a place that can inspire the young people of Roanoke, but also honor the contributions of Mr. Hill and those who inspired him. We still value input from the community and hope that in moving forward there be continued involvement of the local community. We also will continue to be involved in the planning of a space befitting Mr. Hill's achievement and spirit. We hope that the Foundation would have some input and flexibility should additional funds be needed to ensure the vision properly resonates Mr. Hill's dream. As he often stated, "[w]e are all human Earthlings, and we need to constantly work to overcome the artificial barriers that have been erected to create separation among groups of our fellow humans." Thank you and take care. M t Sincerely, i. amona L. Taylor President Post Office Box 4191 Midlothian, Virginia 23112 804 - 362 -7200 info @theoliverwhitehil ifou ndation.org www.theoliverwhitehilifoundation.org 66 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2019. No. 41447 - 052019. A RESOLUTION supporting an application and authorizing the Council of Community Services to submit a proposal to the Commonwealth of Virginia Department of Health for the Roanoke Comprehensive Harm Reduction Program; and authorizing the City Manager to take certain actions in connection with such project. WHEREAS, the City of Roanoke desires to submit a proposal to the Commonwealth of Virginia Department of Health for the Roanoke Comprehensive Harm Reduction Program referred to in the City Council Agenda Report dated May 20, 2019. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Council hereby supports the applications referred to herein and hereby authorizes the Council of Community Services to submit such a proposal to the Commonwealth of Virginia Department of Health, as more fully set forth in the City Council Agenda Report dated May 20, 2019. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. AT %ISSI ✓tf-ity Clerk. R- Authorize request for application - Harm Reduction Program 5.20.19.doc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2019 Subject: City Council Support for the Roanoke Comprehensive Harm Reduction Program Model Background: At its meeting on April 15, 2019, City Council received a briefing from representatives of the Roanoke Valley Collective Response to Opioids and the Council of Community Services related to the proposed Roanoke Comprehensive Harm Reduction Program Model. In follow up to that general briefing, attached to this report is a five (5) page summary outline of that proposal which includes details of the participating agencies, methods, offerings, procedures, and reporting mandates of the proposed program. Considerations: The Council of Community Services is required to request and receive approval by the City of Roanoke, by action of the City Council, prior to submitting this proposal to the Commonwealth of Virginia Department of Health for its approval. The proposed program model has been crafted with the input and endorsement of the Roanoke Chief of Police as required by the Commonwealth. Recommended Action: Adopt the accompanying Resolution supporting the Roanoke Comprehensive Harm Reduction Program Model, as contained in the attachment to this report. --- - - - - -- -- ----- - - - - -- Robert S. Cowell, .Jr. City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Tim .Jones, Chief of Police COUNCIL OF s COMMUNITY SERVICES Roanoke Comprehensive Harm Reduction Program Model • Services will be provided by Drop -In Center staff through a mobile unit twice per week. • Unit will run on a monthly service schedule at rotating sites around Roanoke. • Operation sites will be scheduled by the last week of each month for the entirety of the following month. • Service schedule to be submitted to Roanoke City Police before the 11 of each month. • Drop -In staff will be accompanied by a peer recovery specialist (PRS) and /or a certified substance abuse counselor (CSAC). • Drop -in staff will provide syringe /needle disposal and distribution, harm reduction education, HIV /HCV testing, and referral to mental health, substance use treatment, medical care and social services from the mobile unit. • intakes will be conducted at a fixed site during routine intake times. After intake, each client will be given monthly mobile service schedule. • CPRS /CSAC will provide additional wrap- around services, especially pertaining to substance use counseling and substance use disorder treatment linkage. • Drop -In staff also will provide on -site HIV/HCV testing, overdose prevention training, and insurance eligibility and enrollment services. • Partner providers will provide naloxone, other STD, TB, and pregnancy testing, and basic medical care, linkage to substance use treatment, and HCV treatment. • Other services and referrals required by VDH will be provided off -site by partners following a written and signed partnership agreement. Upon each visit participants will be offered referrals to: • Substance use treatment- CPRS Facilitated Referral, Hope initiative, Blue Ridge Behavioral Healthcare • HIV and Hepatitis C testing -On -site, Drop -in Center • HBV, TB, and STD testing - Referral, Bradley Free Clinic, Roanoke City Health Department • HAV /HBV vaccination services - Referral, Bradley Free Clinic, Roanoke City Health Department • Overdose prevention training and naloxone distribution -On -site, Drop -in Center. Referral, Bradley Free Clinic, Roanoke City Health Department • Mental health services - External referral, Blue Ridge Behavioral Healthcare • Other social services — External referral, DS5, other • Insurance eligibility and enrollment services -On -site, Drop -in Center. Referral, Bradley Free Clinic, DSS, Roanoke City Health Department, New Horizons • HiV pre - exposure prophylaxis (PrEP) and post exposure prophylaxis (PEP) - external referral, Carilion Infectious Disease Clinic • Medical care for above mentioned infections in addition to other complications relating to drug use - Referral to Carilion, Bradley Free Clinic, or other providers where necessary 11 Page COUNCIL OF S >' COMMUNITY SERVICES Intake requirements • Must be 18 years or older • Name, age, gender, zip code of residence • Substance use behavior— substance used, route of administration, frequency of use • Staff will provide information to new participants concerning paraphernalia and possession laws. • New participants issued a card to indicate they are part of the program. The card will have a unique code that protects the participants' confidentiality while still being identifiable to program staff with access to a secured database. The bottom of the card will include a disclaimer reminding participants that they are still subjectto criminal prosecution if caught with paraphernalia or substances. (i.e. "The holder of this card is a participant in the harm reduction /syringe service program in the City of Roanoke (Virginia). The holder acknowledges that the unlawful possession of a controlled substance or paraphernalia may lead to criminal prosecution ") • Program staff will offer education and referral to services required by VDH at each encounter and will document participant referrals and services provided. Additional education • Participants will be instructed to recap all their syringes after use and store them in a sharps container until returning to the Clinic exchange • Participants will be instructed to notify first responders and law enforcement of the presence of used injection equipment before contact if any encounters occur. Upon visit, participants can receive: Basic wound care /first aid items • Peroxide • Band -Aids • Neosporin • Gauze • Alcohol pads Harm reduction materials • Sterile water • Bleach to clean environment and /or syringes if necessary • Cotton • Small basins for rinsing syringes • A personal sharps container for safe disposal of used syringes 2 )Page COUNCIL Of ?: COMMUNITY SERVICES • Educational pamphlet on safe drug preparation techniques • Fentanyl test strips Sterile syringes • Distributed on a one- for -one basis except in cases where a new participant is in need of syringes but has none to exchange, then they will be issued a package of 10. Participants will be given approximately the same number of syringes as they bring in for disposal rounded up to the nearest 10, since sterile syringes are packaged this way. If a participant doesn't have any to exchange, a program coordinator will be given discretion on a case -by -case basis to distribute based on circumstances. Safe sex materials • Male condoms • Female condoms • Dental dams • Lubricant Educational materials • Pamphlets on communicable diseases and other infections related to drug use and risky sex • Information regarding risky drug use and how to take harm reducing steps to lower likelihood of negative health consequences • overdose prevention information • Resource directories — packets of information with contact information for various treatment and prevention resources statewide. • Information regarding health insurance enrollment. Reporting mandates — reported quarterly to VDH and publicly available for other interested parties • Number of personnel authorized to purchase, transport, distribute, and collect syringes • Number of new participant cards issued • Unduplicated number of participants served • Number of participant visits • Number of syringes distributed • Number of used syringes collected (may be an approximation: staff cannot safely count every syringe returned and are not to handle syringes brought for disposal.) This can be done by client report or approximation based on weight. • Number of participants who received harm reduction counseling, education, or related materials 3 1 P a g e COUNCIL OF S A COMMUNITY SERVICES • Number of condoms distributed to participants • Number of participants who received an overdose prevention kit containing naloxone • Number of participants referred for or provided mental health services or substance use disorder treatment and attended at least one appointment • Number of participants referred for or provided social services who attended at least one appointment + Number of participants tested for HIV and the number positive • Number of participants tested for HCV and the number positive • Number of participants referred or tested for HBV, TB, orSTDs • Number of participants newly prescribed HIV PrEP • Number of participants prescribed nPEP • Number of participants referred for or provided medical care /treatment for HIV • Number of participants referred for or provided medical care /treatment for HCV • Number of participants newly enrolled to health insurance • Number of participants referred to substance dependence treatment along with type of treatment program they were referred to • Number of participants who became HCV positive, after initially testing negative or completing a treatment program (re- infection). 4 1 P a g e Comprehensive Harm Reduction Provided by the Drop -In Center, a Program of the Council of Community Services " •sirs ItM�i Q Mobile unit Q Public Safety Services will be provided by Concerns Addressed DroPan Cartier stall through Mobile unit will tun on a monthly ssrvke a mobile unit twice per schedut at rotaung sari around Roanoke weak. Operation sltes will be scheduled by the last week of the month f& the entirely of the following month. Q Peer Recovery and Substance Abuse Counselors Dropin Center staff will be accompanied by a Certified Peer Recovery Specialist (CPRS} and/or a Certified Substance Abuse Counselor (CSAC) © Harm Reduction Education Dicirin center staff will provide syrirge /needle disposal and distribution, harm mductian education and mstenals. HIV /HCV tesllog, and telenal to mental health substance use tteabnent, medical care, and social services from the urdt Q Intakes Intakes will he conducted at a fixed site during routine intake limes After intakt each client will be gwen the monlNy mobile service schedule and Informatwn about parahernalle and posesslon laws -intake requirements must be met. co Q Partners Partner providers will provide rtalosone: other STD, TS, and Magna" testing, basic medicat cars; ilnkage to substance use treatment, and HCV treatment. © Schedule Shared with Roanoke City PD The mobile unit's service schedule will be submitted to Roanoke City Police Department before the Rnt of each month Q Wrap -Around Services ii CPRS /CSAC will provide additional wrap. around services, especlafty related to substance use counseling and substance use disorder vestment linkage. 4- - - .... . .. * + Q Additional Services D ropier Center staff will also Provide or"ita HIV /HCV tasting, overdose prevention training, and Insurance eligibility and enrolfmant services •01her services and ralerfals required by VDH will be provided ofl4ha by partners following a written and signed Pettne ill agreement COUNCit. OF COMMUNITY SERVICES A p,rgram of the Council of Community Services OFFICE OF THE CHIEF OF POLICE Roanoke Police Department lawalk Roanoke, Campbell Avenue, SW Roanoke, Virginia 24016 ROA N O KE 540.853.2203 W 54o.853.6o43 www.manokeva.gov/police Virginia Department of Health Division of Disease Prevention Comprehensive Harm Reduction Program Dr. M. Norman Oliver, State Health Commissioner 109 Governor Street, 3'a Floor Richmond, VA 23219 Dear Dr. Oliver. March 23, 2019 This letter is to express support for the submitted application to bring a comprehensive harm reduction Program to the City of Roanoke. This program will be administered by the Drop - In Center through the Council of Community Services and Roanoke City Department of Health. The Roanoke Police Department has worked in concert with coalition partners to outline specific roles and responsibilities toward fulfilling the mission of comprehensive harm reduction. Sincere! rs, Tim 10 3 Chief of Police ' Roanoke Police Department A Nationally Accredited Police Agency STEPUANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 2401.1 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(n:roanokeva.gov May 21, 2019 Anthony J. and Elin R. McNeeny 3024 Maywood Road, S. W. Roanoke, Virginia 24014 Dear Mr. and Mrs. McNeeny: CECEL IA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41448 - 052019 allowing the encroachment of three retaining walls into the public right of way, at the request of Anthony James McNeeny and Elin Rohani a /k /a Elin McNeeny (collectively "Owner"), the owner of certain real estate located at 3024 Maywood Road, S. W., Roanoke, Virginia, bearing Roanoke Official Tax Map No. 1070805 ( "Property "), for the placement and construction of three retaining walls on and within a portion of the public right of way located along Maywood Avenue, S. W., and adjacent to the Property; upon certain terms and conditions, as more particularly described hereinafter. Paragraph 5 states its grantees, assignees or successors in interest and or title, shall, for the duration of this permit, maintain on file with the Office of the City Clerk for the City of Roanoke, Virginia, evidence of insurance coverage with respect to claims arising out of the encroachment into the right -of -way. The amount of such insurance shall not be less than $300,000.00. This insurance requirement may be met by either homeowners insurance or commercial general liability insurance. Owner shall name the City and the Authority and each of their officers, agents, and employees and volunteers as additional insured as their interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the City Engineer of the City of Roanoke and the Secretary of the Authority. Furthermore, Paragraph 7 states this Ordinance No. 41448 - 052019 shall be in full force and effect at such time as a copy of this Ordinance has been admitted to record, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and shall remain in effect, unless otherwise revoked by the City, only so long as a valid, current certificate evidencing the insurance required in Paragraph 5 above is on file in the Office of the City Clerk for the City of Roanoke. In the event this Ordinance is not signed by Owner and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, within ninety (90) days of adoption by City Council, this Ordinance shall terminate, and be of no further force and effect. Anthony J. and Elin R. McNeeny May 21, 2019 Page 2 Lastly, Paragraph 8 states owner shall not commence placement and installation of the Encroachment, unless and until (i) a copy of this Ordinance, are recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in accordance with this Ordinance; and (ii) Owner satisfies the insurance requirements of this Ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 2019, and is in full force and effect upon its passage. Enclosure PC: Sin re y Cecelia T. Webb, CMC Assistant Deputy City Clerk The Honorable Brenda Hamilton, Clerk of Circuit Court Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Rob Ledger, Acting Director of Economic Cassandra Turner, Economic Development Specialist Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission P BLIC RIGHT OF WAY LOCATED A1),IA('l ',N'1'1'O ROANOKE OFFICIAL TAX MAP NO. 1070805 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2019. No. 41448 - 052019. AN ORDINANCE allowing the encroachment of three retaining walls into the public right of way, at the request of Anthony James McNeeny and Elin Rohani a/ka/ Elin McNeeny (collectively "Owner "), the owner of certain real estate located at 3024 Maywood Road, S.W., Roanoke, Virginia, bearing Roanoke Official Tax Map No. 1070805 ( "Property"), for the placement and construction of three retaining walls on and within a portion of the public right of way located along Maywood Avenue, S.W., and adjacent to the Property; upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted by the City of Roanoke ( "City ") pursuant to Section 15.2 -2009 of the Code of Virginia (1950) as amended, to allow the placement and encroachment by Owner of three retaining walls (collectively, the "Encroachment ") consisting of various lengths and widths, to be placed on and within various portions of the public right of way adjacent to the Property, along Maywood Road, S.W., as more particularly set forth in the City Council Agenda Report dated May 20, 2019, on file in the Roanoke City Clerk's Office, and the attachments to the Report, which Report and attachments are incorporated into and made a part of this Ordinance by reference. The Encroachment is further identified and described as follows: l.�ncroachments of retaining walls into the public right of way adjacent to 3024 Maywood Road, S.W., Roanoke, Virginia, known as Roanoke Official Tax Map No. 1070805. The I ricroachment. is more particularly described as (a) New 413rick Faced Retaining Wall F"neroaching Into R/W 4.0' and 1 l' In Length, (b) New 4'Brick Faced Retaining Wall Encroaching Into R/W 4.8'and 36' In Length, and (c) New 413riek 1�aced Retaining Wall Encroaching Into R/W 4.8'and 37' In Length, on the plat entitled "Plat of Survey Showing Wall Location for Anthony car. Rohani McNeeny Located at 3024 Maywood Road, S. W" dated October 3, 2018, prepared by LMW, P.C., a copy of which is attached to this Ordinance and incorporated herein 2. Owner agrees that designs and materials for the Encroachment shall meet the approval of the City of Roanoke, Director of Planning, Building, and Development, or his or her designee, before construction, which approval shall not unreasonably be withheld. 3. Owner agrees that it shall construct, repair, and maintain the Encroachment in a good and workmanlike manner and in accordance with the terms stated herein. Owner is responsible for the private sewer lateral and private water service to the cleanout and water meter, respectively. Owner agrees that the authorization for the Encroachment is revocable at any time by the City, for any reason, in whole or in part, in the sole discretion of the City Manager for the City, and that City or the Western Virginia Water Authority (the "Authority ") may require the removal of the Encroachment, if necessary, in the interests of public safety, or for any other reason determined by the City in the City's sole discretion, or the Authority, in its sole discretion. Any such removal, whether voluntarily by Owner or at the demand of City or of the Authority, shall be at the sole cost and expense of Owner. Owner and its grantees, assignees, and successors in interest and title agree to indemnify, hold harmless, and defend the City and the Authority, and each of their officers, agents, and employees and volunteers from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise, directly or indirectly, by reason of the above- 2 described l.neroachnient, and the C01IStRI tiOn, repair, replacement, maintenance, or removal of the SaIlle. 4. Owner agrees that it shall repair, 1'estol'e, afld 1'eplace ally damage to the public right of way, including, but not Limited to, all pavement, sidewalks, and public improvements, including any underground stormwater infrastructul•e or public water or sewer infrastructure, caused in whole or part by the placement or removal of the Encroachment, at Owner's sole cost and expense. Owner agrees that Owner shall be solely responsible for all costs and expenses related to the placement, removal, relocation, maintenance, reconstruction, or repair of the Encroachment, including the removal, relocation, maintenance, reconstruction, or repair of any structures or improvements constructed on the Property that may be required or deemed necessary as a result of the removal, relocation, maintenance, reconstruction, or repair of the Encroachment. The Owner discharges and releases the City from any and all obligations the City may have to maintain or repair the public right of way on which the Encroachment is located. Owner agrees that neither the City or the Western Virginia Water Authority shall have any obligation to repair, replace, or compensate Owner for any damages to Owner resulting from the removal of the Encroachment, whether by City or by the Authority, or such entities' agents, employees, contractors, and assigns, necessitated by any work performed by such entities in the public right of way, and Owner expressly discharges and releases the City and the Authority from any and all liability for such damage. Owner, its grantees, assignees or successors in interest and or title, shall, for the duration of this permit, maintain on file with the Office of the City Clerk for the City of Roanoke, Virginia, evidence of insurance coverage with respect to claims arising out of the encroachment into the right -of -way. The amount of such insurance shall not be less than $300,000. This insurance rcclulrement slay be met by either homeowners insurance or commercial general Iiabllily insurance. ( )wner shall name the City and the Authority and each of' their officers, agents, and employees and volunteers as additional insured as their interests may appear on the above policy. Such coverage. shall not be canceled or materially altered except after thirty (30) days prior written notice of suet-i cancellation or material alteration to the City Engineer of the City of Roanoke and the Secretary of the Authority. 6. The City Clerk shall transmit an attested copy of this Ordinance to Owner at the following address: 3024 Maywood Road, S.W., Roanoke, VA, 24014. 7. This Ordinance shall be in full force and effect at such time as a copy of this Ordinance has been admitted to record, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and shall remain in effect, unless otherwise revoked by the City, only so long as a valid, current certificate evidencing the insurance required in Paragraph 5 above is on file in the Office of the City Clerk for the City of Roanoke. In the event this Ordinance is not signed by Owner and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, within ninety (90) days of adoption by City Council, this Ordinance shall terminate, and be of no further force and effect. 8. Owner shall not commence placement and installation of the Encroachment, unless and until (i) a copy of this Ordinance, are recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in accordance with this Ordinance; and (ii) Owner satisfies the insurance requirements of this Ordinance. 9. Time is of the essence with respect to all terms and conditions required by this Ordinance. 4 10. The terms, conditions, and obligations contained in this hermit shall constitute: a COVCnant ►'L►nn►ng W►tll the land, and are made expressly binding on Owner's grantees, assignees, and SUCCCSSOr'S in interest, and or title, unless and Until the l'.ncroachment rs removed, or the aLithol' ►' /atlOr "l For the Encroachment is revoked by City Council. 11. Pursuant to Section 12 of the City Charter, the second reading; of this Ordinance by title is hereby dispensed with. 1'hc undersigned, tlic owners o1'3024 Maywood Road, S.W., lZomioke, VA 24014, acknowledge Thai tl►cv have read a11d 1111derstand the terms and conditions stated in this Ordinance, and agree to comply W101 those terms and conditions. (SFAL) Anthony .lames McNeeny C'OMMONWI;AL; fI I Oh VIRGINIA ) )TO-wit: C'I`I'YXOtJNTY Ol� I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of , by Anthony James McNeeny. My Commission expires: Notary Public Registration No. 6 Glin Rohani a /k /a Llin McNceny ('0MMONWEALT1I OF VIRGINIA ) To -wit; C'I`I'Y /C'OIJNTY OF (SFAL) I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of _ , by Flin Rohani a/k /a F.,lin Mc Neeny. My Commission expires: Notary Public Registration No. 7 LE,QEN(? GRAPFIIC SCALE VICINITY MAP ZONE. 3. THIS PLAT WAS PREPARED FROM AN SURVEYED PROPERTY LINE 0 40 ACTUAL AND CURRENT FIELD SURVFY, ANY PHYSICAL, IMPROVEMENTS NOT 9 V q DEED LINE. �00� 8" INV=1107.1r DIMENSIONED, SHALL NOT BE SCALED. 4, FLMA FLOOD ZONE: 'X' VACAIED LINE/1- ASEMEN1 LINE 5. LEGAL REFERENCE: INST. #030019760 NEW 4' 6RKX FACED- - APPROX. PRiYA'llr WATER R t#" WALL • SET REBAR IN FLL T) ETICROACHING INTO PRIVAIE O EXISTING IRON FOUND 0 FND OF I,INF /CIIRVF NOTHING FOUND, NOTHING SET 1 inch = 30' (t. 0*0000 LATERAIX. LOCATION � dD SANITARY SFWFR MANHOI NEW 4' i3RtC1( FACED -f t✓7 N42'00'00 "E NOTES: 5.00' RF TAX :#1070803 R/# tt AND 36' IN 1. TI IIS PLAT WAS PREPARED WITHOUT INST #0030000957 tkTIG1H // � WALL �� / "�� NEW 4' BRICK FACED 1FOW07M- PROP. CLEANOUT / RETAIN9IG HALL THE BENEFIT OF A TITLE SEARCH AND DOUGLAS DOUREGLAS f - �_•_�- THEREFORE MAY NOT SHOW ALL R. y r ENCUMBRANCES 2. THIS PROPERTY AS PLATTED DOES NOT FALL WITHIN THE 100 YF,AR FI_OOD L(C. N .1450 -8 VICINITY MAP ZONE. 3. THIS PLAT WAS PREPARED FROM AN 7 -lg ��� � NO SCALE ACTUAL AND CURRENT FIELD SURVFY, ANY PHYSICAL, IMPROVEMENTS NOT 9 V q $$ RIM�1116.87' �00� 8" INV=1107.1r DIMENSIONED, SHALL NOT BE SCALED. 4, FLMA FLOOD ZONE: 'X' 5. LEGAL REFERENCE: INST. #030019760 NEW 4' 6RKX FACED- - APPROX. PRiYA'llr WATER R t#" WALL %RWCE LOCA110N ETICROACHING INTO PRIVAIE R/N Vr AND 11' IN / LATERAIX. LOCATION LENGTH NEW 4' i3RtC1( FACED / THOMAS & JEANETTE RE'j'AtWO WALL N42'00'00 "E EWROACHNG INTO 5.00' RF TAX :#1070803 R/# tt AND 36' IN /� INST #0030000957 tkTIG1H // � WALL �� / "�� NEW 4' BRICK FACED 1FOW07M- PROP. CLEANOUT / RETAIN9IG HALL 00 a N39*OO'00'E m �q� --_104.09. N LINE �. 4, IN RW- 1115.85'— 15' INV- 112.J6J5147 / N42'43'25 "E C9 MR RIMS 111 .28° BEF 8' INV- 1109.38' NEw'4' 11 ij 6' 91V=1112% S INCKOAACM /IN1D 4 t c, VARIABLE WID ' \� / /v, SAN SEWER do r . /y \ // at► WATER ESMT. \/ 4' DAVID & DIANA McCRAY /SSW RIM-111115.66' TAX #1071101 8" 911�1110.2B' DB 1505 PG 1897 hh \ / V -YLA T OF SURVEY SHOWING WALL LOCATION FOR ANTHONY & ROI-IANI MCNEENTY r 102 Albemarle Ave. LOCATED AT *, Roanoke, Virginia 24013 3024 MAYWOOD RD. SW Engineering CITY OF R OANOKE Architecture www, i mwpc. net Surveying ph: 540.345.0675 V I1 NIA Landscape Design Imwemaimwpemet COMM. 4751 SURVEYED: 10 03 2018 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2019 Subject: Encroachment Request from Anthony James McNeeney and Elin Rohani, aka Elin McNeeney for an encroachment in City Right - of -Way located at 3024 Maywood Road, S.W. Background: Anthony dames McNeeney and Elin Rohani, aka Elin McNeeney, (collectively "Owner "), have requested an encroachment permit for three retaining walls into the public right of way adjacent to their property located at 3024 Maywood Road, S.W., Roanoke, Virginia, bearing Roanoke Official Tax Map No. 1070805. The purpose for the retaining walls will be for landscape beautification of their property. The Encroachment consists of various dimensions, to be placed on and within various portions of the public right of way adjacent to the property. Owner agrees that designs and materials for the encroachment shall meet the approval of the City of Roanoke before construction. Owner also agrees that it shall construct, repair, and maintain the encroachment in a good and workmanlike manner and in accordance with the terms stated herein. Recommended Action: Adopt the proposed Ordinance authorizing the encroachment of three retaining walls of various lengths and widths, encroaching into the City Right -of -Way located along various portions of Maywood Road. All necessary documents required for this encroachment are to be approved as to form by the City Attorney. - - - - - -- - - -- --------------- Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Rob Ledger, Acting Director of Economic Development Cassandra L. Turner, Economic Development Specialist L =CEN.D GRAPHIC SCALE SURVEYED PROPERTY LINE o 30 DEED L — VVACATEDEUNE/EASEMENT LINE • SET REBAR O EXISTING IRON FOUND (IN FEET) Opp* O END OF LINE /CURVE 1 inch = 30' ft. A NOTHING FOUND, NOTHING SET m SANITARY SEWER MANHOLE %"T Ii OF NOTES:".. 1. THIS PLAT WAS PREPARED WITHOUT D0 C� A THE BENEFIT OF A TITLE SEARCH AND ,y ' DOUGLAS R. 2 THEREFORE MAY NOT SHOW ALL f'S' ENCUMBRANCES. MEREDI / JR. 2. THIS PROPERTY AS PLATTED DOES NOT( FAIL WITHIN THE 100 YEAR FLOOD LTG. :1450 —B VICINITY MAP ZONE. 3. THIS PLAT WAS PREPARED FROM AN 'L R _ l NO SCALE ACTUAL AND CURRENT FIELD SURVEY. SSW RY•111 &8T ANY PHYSICAL IMPROVEMENTS NOT / $" INY�NO %17' DIMENSIONED, SHALL NOT BE SCALED. 4. FEMA FLOOD ZONE: 'X' 5. LEGAL REFERENCE: INST. #030019700 j APPROX. WATER SERVICE LOCATION APPROX. LATERAL ' LOCATION NEW V BRICK FACED -t N42'00'00•E-- ,.,_�/ / t THOMAS SCHROEDERETTE RETAMM WALL 5A0' RIF % ,ff TAX #1070803 EN 'IN1D t NST #0030000957 R/W 4.8' FACED WAIL FOOTER NEW 4' BRICK RETAINING WALL Ln E! ®111510' C' N39'00'00 "E -�-_ a P�ti 104.09' / Su m SO / LINE�� 15' WV- 111265' Ch h / 8' SSUH R111 111�1.38&' � BEI�T/ NEW 4 8• Nvm11124� ! S / ADdNC 91i 41VSANBLE SEWER der WATER ESMT. 1 DAVID & DIANA McCRAY OJSSSf�i RIih111566' TAX #1071101 8' RiYF1110.15, OB 1505 PC 1897 \ \ { \ rry'h PLAT OF SURVEY SHOWING WALL LOCATION FOR ANTHONY & ROHANI MCNEENEY ' 102 Albemarle Ave. LOCATED AT lGr Roanoke, Virginia 24013 3024 MAYWOOD RD. SW Engineering CITY OF ROANOKE Architecture _.Imwpc.nel VIRGINIA Surveying ph: 540.345.0675 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2019. No. 41449- 052019. A RESOLUTION authorizing the City Manager to execute a Virginia Department of Transportation ( "VDOT ") Programmatic Project Administration Agreement ( "PPAA ") for Revenue Sharing Funds; and authorizing the City Manager to provide any additional information, execute any necessary additional documents, and to take certain other actions to accept, receive, implement, use, and administer the PPAA. WHEREAS, the City of Roanoke desires to have and maintain a safe and efficient road system; and WHEREAS, from time to time the City of Roanoke and the VDOT work together to enhance the transportation system; and WHEREAS, certain agreements between the City of Roanoke and VDOT must be executed for this cooperative work to be accomplished. BE IT RESOLVED by the Council of the City of Roanoke that: The City Manager is hereby authorized to execute a VDOT Standard PPAA for Revenue Sharing Projects substantially similar to the one attached to the City Council Agenda Report dated May 20, 2019, to this Council, for the Projects set forth in the above mentioned City Council Agenda Report, in connection with the VDOT Revenue Sharing Funds, together with any required City matching funds. Such Agreement shall be approved as to form by the City Attorney. 2. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions with VDOT as needed to advance transportation projects and as may be necessary to implement, administer, and enforce the VDOT Standard PPAA for Revenue Sharing Projects, with any such documents to be approved as to form by the City Attorney. The City of Roanoke hereby agrees to commit to fund its local share of preliminary engineering, right of way, and construction of the projects under agreement with VDOT in accordance with the project agreement financial documents. P�S&I Clerk. ' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2019 Subject: Authorizing Execution of Virginia Department of Transportation Programmatic Project Administration Agreement, Verification of Project Funding, and Designation of Authorized Personnel to Execute VDOT Documents Background: In Fiscal Year 2013 - 2014, the Virginia Department of Transportation (VDOT) began using the state -wide Programmatic Project Administration Agreement (PPAA) for Revenue Sharing projects that were funded solely with Revenue Sharing funds. This agreement was valid for three fiscal years beginning July 1, 2013 and ending June 30, 2016, with an option to extend for one additional three -year period. City Council authorized the execution of the Agreement on August 5, 2013. City Council authorized the extension of the PPAA for the additional three -year period on May 2, 2016. This extended Agreement expires on June 30, 2019. The Revenue Sharing program awards require the use of the PPAA, and as such VDOT has provided the City with an updated Agreement which will be valid for three fiscal years beginning July 1, 2019 and ending June 30, 2022, with an option to extend for one additional three -year period. Considerations: The PPAA 2013 includes all active City Revenue Sharing Projects which were approved under fiscal years 2014, 2015, 2019, and 2020, with some projects having been completed and some still underway. All projects underway have the required matching funds committed. The active or completed but unclosed projects and Revenue Sharing funding amounts are: 1. Roanoke River Greenway Bridge the Gap - NS to Bridge St. $2,836,522 2. Huntington Boulevard Curb, Gutter, and Sidewalk - $2,203,827 3. Citywide Storm Drain Improvements - $3,810,784 4. Franklin Road Bridge Replacement - $7,517,500 5. Berkley Road Bridge Replacement - $703,283 In order to keep in compliance with the Revenue Sharing program and VDOT, the City will need to execute a new PPAA (copy attached). In doing so, the PPAA will be in effect until June 30, 2022 (FY 2022). The City will also need to sign updated Appendices for each of the active or completed but unclosed Revenue Sharing projects (copies attached), as well as an updated Appendix B which summarizes active or completed but unclosed Revenue Sharing projects. VDOT is also requesting each locality, by resolution: 1) provide assurance of its commitment to funding of the projects under the PPAA and in meeting its financial obligation under the Program; and 2) provide a designation of signature authority so there is no question regarding commitment of funds and signature authority. Recommended Action: 1. Authorize the City Manager to execute the Virginia Department of Transportation's Programmatic Project Administration Agreement Extension Addendum, approved as to form by the City Attorney, to permit continuance of currently funded Revenue Sharing Projects. 2. Agree to commit to fund the City's local share of preliminary engineering, right of way, and construction of the projects under agreement with VDOT in accordance with the project agreement financial documents. 3. Authorize the City Manager to negotiate and execute such further documents and take such further actions with VDOT as needed to advance transportation projects and as may be necessary to implement, administer, and enforce the VDOT Standard Programmatic Project Administration Agreement for Revenue Sharing Projects, with any such documents to approved as to form by the City Attorney. - - -- -- - - ----- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke Pugh, P.E., City Engineer Dwayne D'Ardenne, Stormwater Manager Michael Clark, Director of Parks & Recreation Mark Jamison, P.E., Transportation Manager 2 PROGRAMMATIC PROJECT ADMINISTRATION AGREEMENT Revenue Sharing Projects THIS AGREEMENT, made and executed in triplicate this day of , 20 , by and between the City of Roanoke, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. WHEREAS, the LOCALITY may, in accordance with §33.2 -357 of the Code of Virginia (1950), as amended (the Code), and Commonwealth Transportation Board (CTB) policy, submit application(s) for Revenue Sharing funding and may also administer projects approved for Revenue Sharing funding by the CTB; and WHEREAS, Appendix A documents the funding allocated to each Project and shall be developed and included as an attachment to this agreement. Such attachment may be amended, revised or removed or an additional Appendix A may be added as additional projects or funding is approved by the CTB and allocated to the LOCALITY to finance the Project(s) within the term of this Agreement without the need to execute an additional project administration agreement; and WHEREAS, current and future projects approved for Revenue Sharing funding by the CTB within the term of this agreement and subject to the terms and conditions specified herein shall be identified on a list which will be included as an attachment to this Agreement as Appendix B. Such attachment may be amended as additional projects are approved by the CTB and shall be signed by an authorized LOCALITY and VDOT official, without the need to execute an additional project administration agreement. If any active project with an existing agreement is incorporated herein, the original project agreement shall automatically terminate upon inclusion in this programmatic agreement of an updated Appendix A and an amended Appendix B to reflect that project; and WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in the attachments in accordance with applicable federal, state and local laws and regulations and that the locality will certify compliance with those laws and regulations as prescribed by the Department. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: This agreement shall be effective for an initial period of THREE fiscal years (each year beginning July 1 S` - June 30`h) and may be extended by an addendum signed by each party for one additional term of THREE fiscal years unless a change in policy or the Code necessitates a change in terms and conditions before the term of this agreement shall have passed. This Agreement shall NOT extend beyond SIX fiscal years. In the event that a new agreement becomes necessary during the life of this Agreement, Appendix A and Appendix B may be incorporated within the new approved agreement upon mutual agreement by both parties. OAG Approved 06/18/2012, Revised 10/01/2014 City of Roanoke 2. The LOCALITY shall: Be responsible for all activities necessary to complete the noted phase(s) of each Project shown on the Appendix B and on the respective Project's Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Receive individual prior written authorization from the DEPARTMENT to proceed with each project. c. Administer the Project(s) in accordance with guidelines applicable to state funded Locally Administered Projects as published by the DEPARTMENT. d. Provide certification by a LOCALITY official of compliance with applicable laws and regulations on the State Certification Form for State aid projects or in another manner as prescribed by the DEPARTMENT for each project included in Appendix B. e. Maintain accurate and complete records of each Project's development of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for not less than three (3) years following acceptance of the final voucher on each Project. f. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and also include an up -to -date Project summary and schedule tracking payment requests and adjustments. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, the project becomes ineligible for state reimbursement, or in the event the reimbursement provisions of Section 33.2- 348 or Section 33.2 -331 of the Code, or other applicable provisions of state law or regulations require such reimbursement. h. Pay the DEPARTMENT the LOCALITY's matching funds for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 3.a. i. Administer the Project in accordance with all applicable federal, state, and local laws and regulations. Failure to fulfill these obligations may result in the forfeiture of state - aid reimbursements. DEPARTMENT and LOCALITY staffs will work together to cooperatively resolve any issues that are identified so as to avoid any forfeiture of state - aid funds. OAG Approved 06/18/2012, Revised 10/01/2014 2 City of Roanoke j. If legal services other than those provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right -of -Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. k. For projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 21, reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of eligible Project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with applicable laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. 4. Appendix A identifies the specific funding sources for each Project under this Agreement, phases of work to be administered by the LOCALITY, and additional project- specific requirements agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 5. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section 33.2 -1011 of the Code. 6. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project under this agreement is anticipated to exceed the allocation shown for such Project on the respective Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its cost exceeds the allocated amount, however the OAG Approved 06/18/2012, Revised 10/01/2014 3 City of Roanoke DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 7. Nothing in this agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 8. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement. The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 9. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 10. This agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 21, 2.g, and 3.b, subject to the limitations established in this Agreement and Appendix A. Should the LOCALITY unilaterally cancel a project agreement, the LOCALITY shall reimburse the DEPARTMENT all state funds reimbursed and expended in support of the project, unless otherwise mutually agreed -upon prior to termination. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THE LOCALITY and the DEPARTMENT further agree that should Federal -aid Highway funds be added to any project, this agreement is no longer applicable to that project and the applicable Appendix A shall be removed from this agreement and the Standard Project Administration Agreement for Federal -aid Projects executed for that project. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. OAG Approved 06/18/2012, Revised 10/01/2014 4 City of Roanoke THIS AGREEMENT may be modified in writing by mutual agreement of both parties. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written. CITY OF ROANOKE, VIRGINIA: Typed or printed name of signatory Title Date Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Chief of Policy Date Commonwealth of Virginia Department of Transportation Signature of Witness Date Attachments Appendix A (for each project covered under this Agreement) Appendix B (listing each project covered under this Agreement) OAG Approved 06/18/2012, Revised 10/01/2014 /_1]14►U011V Locality City of Roanoke Original Programmatic Agreement Date: Programmatic Agreement Extended Date: Locality Program Coordinator: VDOT Program Coordinator Luke Pugh, PE - City Engineer Jay Guy, Program Manager UPC Project # Date of CTB Approval Comments 104248 0220 - 128 -1134 6/19/2013 108851 0000- 128 -R03 6/14/2016 113138 1 IU000-128-1122 6/20/2018 113139 0000- 128 -1123 6/20/2018 113140 0000- 128 -1124 6/20/2018 114378 0000- 128 -1133 6/20/2018 114379 0000- 128 -1134 6/20/2018 114380 0000- 128 -1135 6/20/2018 Authorized Locality Official Authorized VDOT Official Date Date page 1 of 1 Revised 1/2019 Appendix A Prnipct Niini I Innn- 199 -R99 1I13171• 113138 C:FnA It N/A I nnnlity- C itv of Rnanokp Date: 4/17/2019 Project Location ZIP +4: 24015 -4823 Locality DUNS# 006704316 Locality Address (incl ZIP +4): 215 Church Ave. SW I Roanoke, VA 24011 Project Narrative Scope: Roanoke River Greenway Bridge the Gap Phase II Segment 2 - Construct final section. From: Roanoke Ave To: Bridge Street Locality Project Manager Contact info: Luke Pugh; 540 - 853 -5208 Luke. PU h RoanokeVa. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Che[yl.Becker@yqgLvirginia.gov Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses Estimated VDOT Project Expenses $396,000 $4,000 $97,500 $2,500 $5,491,500 $8,500 $5,985,000 $15,000 Estimated Total Project Costs $400,000 $100,000 $5,500,000 $6,000,000 Project Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost -Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $400,000 Revenue Sharing 50% $200,000 $200,000 Allocations $2,836,522 =1 $2,836,522 $326,956 $0 $0 $6,000,000 Total PE $400,000 $200,000 $200,000 $196,000 Right of Way & Utilities $100,000 Revenue Sharing 50% $50,000 $50,000 $0 $0 Total RW $100,000 $50,000 $50,000 $47,500 Construction $5,173,044 Revenue Sharing 50% $2,586,522 $2,586,522 $326,956 Local Funds 100% $326,956 $0 $0 $0 Total CN $5,500,000 $2,913,478 $2,586,522 $2,578,022 Total Estimated Cost 1 $6,000,000 $3,163,478 $2,836,522 $2,821,522 Total Maximum Reimbursement by VDOT to Locality Less Local Share $2,836,522 Estimated Total Reimbursement by VDOT to Locality Less Local Share and VDOT Expenses) 1 $2,821,522 Project Financing L Aggregate Revenue Sharing Local Match Local Fund Allocations $2,836,522 =1 $2,836,522 $326,956 $6,000,000 Program and Pro Specific Funding Requirements • This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. • The project will be constructed and maintained in accordance with VDOT's Urban Manual. • The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. • In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality shall complete project scoping on or before 08/01/2019. • This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $2,836,522 • All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. • Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. • This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. • Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years. FY19 - $3,634,712 ($1,817,356 locality match and$1,817,356 VDOT match) FY20 - $2,038,332 ($1,019,166 locality match and $1,019,166 VDOT match) • This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. • This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes all previous versions signed by the Locality and VDOT. This attachment is certified and made an official attachment to this document by the parties to this agreement Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VOOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Date: 4/17/2019 Proiect Number: 0000- 128 -R23 UPC: 113139 CFDA # N/A Locality: Citv of Roanoke Project Location ZIP +4: =0006704316 124011-0016 ality DUNS# Preliminary Engineering Locality Address (incl ZIP +4): 215 Church Ave. SW I Roanoke, VA 24011 Project Narrative Total Estimated Cost Scope: FY19 RS Citywide Curb, Gutter, & Sidewalk construction associated drainage improvements From: Multiple locations $4,762,500 o: Multiple locations $0 Locality Project Manager Contact info: Luke Pugh; 540 - 853 -5208 Luke, Pugh C@ RoanokeVa. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; ChervI.l3eckerl5vdot.virQinia.aov $25,000 Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses $12,500 $0 $4,750,000 $4,762,500 Estimated VDOT Project Expenses $12,500 $0 $25,000 $37,500 Estimated Total Project Costs $25,000 $0 $4,775,000 $4,800,000 Pro ect Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost -Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $25,000 Revenue Sharing 50% $12,500 $12,500 Allocations $2,231,533 =1 $2,231,533 $336,934 $0 $0 $4,800,000 Total PE $25,000 $12,500 $12,500 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $4,438,066 Revenue Sharing 50% $2,219,033 $2,219,033 $336,934 Local Funds 100% $336,934 $0 $0 $0 Total CN $4,775,000 $2,555,967 $2,219,033 $2,194,033 Total Estimated Cost $4,800,000 $2,568,467 $2,231,533 $2,194,033 Total Maximum Reimbursement by VDOT to Locality Less Local Share $2,231,533 Estimated Total Reimbursement by VDOT to Locality Less Local Share and VDOT Expenses $2,194,033 Project Financing Aggregate Revenue Sharin Local Match Local Funds Allocations $2,231,533 =1 $2,231,533 $336,934 $4,800,000 This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. The project will be constructed and maintained in accordance with VDOT's Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without )proval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality shall complete project scoping on or before 08/01/2019. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $2,231,533 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY17 - $55,412 ($27,706 locality match and$27,706 VDOT match) FY19 - $2,199,104 ($1,099,552 locality match and$1,099,552 VDOT match) FY20 - $2,208,550 ($1,104,275 locality match and $1,104,275 VDOT match) This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of anew PPAA that supersedes previous versions signed by the Locality and VDOT. This attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Date: 4/17/2019 Prniect Numhar 11000- 128 -R24 UPC: 113140 CFDA # N/A Locality: Citv of Roanoke Project Location ZIP +4: 124011-0016 Locality DUNS# 1006704316 Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Scope: Roanoke Citywide stormwater improvements - FY19 -20RS. Improvements consist of installation of stormdrains, pipe, curb and gutter, and installation of water quality structures. From: Multiple locations To: Multiple locations Locality Project Manager Contact info: Dwayne R. D'Ardenne 540 - 853 -5901 Dwayne. D'Ardenne roanokeva. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Cheryl. Becker vdOt.vir inia. ov Project Estimates Cost and Reimbursement Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses $9,500 $0 $6,324,564 $6,334,064 Estimated VDOT Project Expenses $9,500 $0 $5,000 $14,500 Estimated Total Project Costs $19,000 $0 $6,329,564 $6,348,564 Pro] Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $19,000 Revenue Sharing 50% $9,500 $9,500 $2,935,239 $2,935,239 $478,086 $0 $0 Total PE $19,000 $9,500 $9,500 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $5,851,478 Revenue Sharing 50% $2,925,739 $2,925,739 $478,086 Local Funds 100 % $478,086 $0 $0 $0 TotalCN $6,329,564 $3,403,825 $2,925,739 $2,920,739 Total Estimated Cost $6,348,564 $3,413,325 $2,935,239 11$2,920,739 Total Maximum Reimbursement by VDOT to Locality Less Local Share $2,935,239 Estimated Total Reimbursement by VDOT to Locality Less Local Share and VDOT Expenses $2,920,739 Project Financing Aggregate Revenue Sharing Local Match Local Funds Allocations $2,935,239 $2,935,239 $478,086 $6,348,564 This project shall be administered in accordance with VDOTs Locally Administered Projects Manual and Revenue Sharing Program Guidelines. The project will be constructed and maintained in accordance with VDOTs Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without )proval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality shall complete project scoping on or before 08/01/2019. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $2,935,239 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY16 - $65,000 ($32,500 locality match and$32,500 VDOT match) FY17 - $110,346 ($55,173 locality match and$55,173 VDOT match) FY19 - $2,093,300 ($1,046,650 locality match and$1,046,650 VDOT match) FY20 - $3,601,916 ($1,800,916 locality match and $1,800,916 VDOT match) This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes previous versions signed by the Locality and VDOT. This attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Date: 4/17/2019 Pmiprt Numhpr 11onn- 19R -R33 l IPC' 114378 CFDA # N/A Locality: Citv of Roanoke Project Location ZIP +4: 124017-2301 Locality DUNS# 006704316 Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Scope: 22 storm drain structures, entrances, sidewalk, asphalt, utility relocation, site restoration, channel improvements, and associated work on Cove Road, Dansbury Drive From: Cove Road To: Dansbury Drive Locality Project Manager Contact info: Dwayne R. D'Ardenne 540- 853 -5901 Dwa ne.D'Ardenne roanokeva. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; he (.Becker vdot.vjr jnia. ov Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses $1,000 $0 $833,130 $834,130 Estimated VDOT Project Expenses $1,000 $0 $5,000 $6,000 Estimated Total Project Costs $2,000 $0 $838,130 $840,130 Pro ect Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost -Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $2,000 Revenue Sharing 50% $1,000 $1,000 Allocations $387,565 $387,565 =1 $65,000 $0 $0 $840,130 Total PE $2,000 $1,000 $1,000 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $773,130 Revenue Sharing 50% $386,565 $386,565 $65,000 Local Funds 100% $65,000 $0 $0 $0 Total CN $838,130 $451,565 $386,565 $381,565 Total Estimated Cost $840,130 $452,565 $387,565 $381,565 Total Maximum Reimbursement by VDOT to Locality Less Local Share $387,565 Estimated Total Reimbursement by VDOT to Locality Less Local Share and VDOT Expenses 1 $381,565 Project Financing Aggregate Revenue Sharing Local Match Local Funds Allocations $387,565 $387,565 =1 $65,000 $840,130 Program and Project Specific Funding Requirements • This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. • The project will be constructed and maintained in accordance with VDOT's Urban Manual. • The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality completed project scoping on 01/04/2019. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $387,565 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. • Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY19 - $775,130 ($387,565 locality match and $387,565 VDOT match) • This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. • This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes all previous versions signed by the Locality and VDOT. I his attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Date: 4/17/2019 Project Number: 0000- 128 -R34 UPC: 114379 CFDA # N/A Locality: City of Roanoke Project Location ZIP +4: 24017 -2301 Locality DUNS# 006704316 Locality Address (incl ZIP +4): 215 Church Ave. SW 1 Roanoke, VA 24011 Project Narrative Scope: Storm drainage improvements utilizing the following: installation of new pipes, inlets, ditches; demolition /relocation of site features and site utilities, restoration of pavement, and other incidental site construction required to augment the storm drainage system infrastructure. From: Woodlawn Road To: Gilford Avenue Locality Project Manager Contact info: Dwayne R. D'Ardenne 540 - 853 -5901 Dwa ne. r enne (cbroanokeva. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; a ec er vdot.) j inia. ov Pro ect Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $2,000 Revenue Sharing 50% $1,000 $1,000 $0 $0 Total PE $2,000 $1,000 $1,000 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $310,595 Revenue Sharing 50% $155,298 $155,297 $0 $0 TotalCN 1 $310,595 1 $155,298 $155,297 $150,297 Total Estimated Cost 1 $312,595 1 1 $156,298 $156,297 $150,297 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) 1 $156,297 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) 1 $150,297 Project Financing Aggregate Revenue Sharing Local Match Allocations $156,297 $156,298 $312,595 and This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. The project will be constructed and maintained in accordance with VDOT's Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion ithout approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality completed project scoping on 01/04/2019. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $156,297 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY19 - $312,595 ($156,298 locality match and $156,297 VDOT match) This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that ipersedes all previous versions signed by the Locality and VDOT. rhis attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Date: 4/17/2019 Proiect Number: 0000- 128 -R35 UPC: 114380 CFDA # N/A Locality: City of Roanoke Project Location ZIP +4: 124017-2301 1006704316 Locality DUNS# 1 Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Total Estimated Cost Scope: Sunrise Avenue & Oakland Boulevard Drainage Improvements: Installation of approx 1,350 linear feet of various storm drain pipes, 13 storm drain structures, residential entrances, sidewalk, asphalt, utility relocation, site restoration, channel improvements, and associated work. From: Sunrise Avenue NW $832,711 To: Roundhill Avenue NW $0 Locality Project Manager Contact info: Dwayne R. D'Ardenne 540- 853 -5901 Dwayne. 'Ardenne roanokeva. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; a ec er v ot.vir Inia. ov Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses $1,000 $0 $831,711 $832,711 Estimated VDOT Project Expenses $1,000 $0 $5,000 $6,000 $838,711 Estimated Total Project Costs $2,000 $0 $836,711 Project Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local %Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $2,000 Revenue Sharing 50% $1,000 $1,000 $0 $0 Total PE $2,000 $1,000 $1,000 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $836,711 Revenue Sharing 50% $418,354.50 $418,356 $0 $0 TotalCN $836,711 $418,355 $418,356 $413,356 Total Estimated Cost $838,711 $419,355 $419,356 $413,356 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $419,356 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $413,356 Project Financing Aggregate Revenue Sharing Local Match Allocations $419,3� $419,355 =1 IL $838,711 This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. The project will be constructed and maintained in accordance with VDOT's Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion ithout approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality completed project scoping on 01/04/2019. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $419,356 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FYI - $838,711 ($419,355 locality match and $419,356 VDOT match) This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that ipersedes all previous versions signed by the Locality and VDOT. This attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Date: 4/17/2019 Project Number: 0220 - 128 -R34 UPC: 104248 CFDA # N/A Locality: ity of Roanoke Project Location ZIP +4: 124016-4920 Locality DUNS# 006704316 Estimated Project Costs Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Local Share Amount Scope: Replacement of Franklin Rd Bridge over NSRW Preliminary Engineering From: 500' north of bridge 50% To: 500' south of bridge Locality Project Manager Contact info: Luke Pugh; 540 - 853 -5208 Luke. Pugh RoanokeVa. oov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Cheryl.Becker@vdot.viEginia.gov Project Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $1,680,000 Revenue Sharing 50% $840,000 $840,000 $0 $0 Total PE $1,680,000 $840,000 $840,000 $820,000 Right of Way & Utilities $100,000 Revenue Sharing 50% $50,000 $50,000 $0 $0 Total RW $100,000 $50,000 $50,000 $48,000 Construction $10,981,048 Revenue Sharing 50% $5,490,524 $5,490,524 $0 $0 Total CN $10,981,048 $5,490,524 $5,490,524 $5,445,524 i[Total Estimated Cost $12,761,048 $6,380,524 $6,380,524 $6,313,524 Total Maximum Reimbursement by VDOT to Locality Less Local Share $6,380,524 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $6,313,524 Project Financing Aggregate Revenue Sharing Local Match Allocations $7,517,500 =1 $7,517,500 $15,035,000 The project will be constructed and maintained in accordance with VDOT's Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without )proval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality completed project scoping on 07/07/2015. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $7,517,500 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY14 - $3,600,000 ($1,800,000 locality match and $1,800,000 VDOT match) FY15 - $5,500,000 ($2,750,000 locality match and $2,750,000 VDOT match) FY16 - $5,935,000 ($2,967,500 locality match and $2,967,500 VDOT match) This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes previous versions signed by the Locality and VDOT. rhis attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Authorized VDOT Official and Date Jay Guy, Program Manager Revised: July 3, 2018 Typed or printed name of person signing Appendix A Date: 4/17/2019 Project Number: 0000- 128 -R03 UPC: 108851 CFDA # N/A Locality: Citv of Roanoke Project Location ZIP +4: 124011-6605 Locality DUNS# 1006704316 Preliminary Engineering Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Total Estimated Cost Scope: Berkley Bridge at King Street NE, reconstruction of road and bridge replacement. $0 From: Berkley Road Estimated VDOT Project Expenses To: King Street $10,000 Locality Project Manager Contact info: Luke Pugh; 540 - 853 -5208 Luke.Pu h RoanokeVa. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Che (.Becker vdot.vir inia. ov Project Estimates and Reimbursement Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses $18,500 $0 $1,762,849 $1,781,349 Estimated VDOT Project Expenses $7,500 $0 $10,000 $17,500 Estimated Total Project Costs $26,000 $0 $1,772,849 $1,798,849 Pro] ecfCost and Reimbursement Phase Estimated Project Costs Funds type (choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost -Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $26,000 Revenue Sharing 50% $13,000 $13,000 $703,283 $703,283 $392,283 $0 $0 Total PE $26,000 $13,000 $13,000 $5,500 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $1,380,566 Revenue Sharing 50% $690,283 $690,283 $392,283 Local Funds 1 100% 1 $392,283 1 $0 $0 $0 TotalCN $1,772,849 $1,082,566 $690,283 $680,283 Total Estimated Cost $1,798,849 $1,095,566 $703,283 $685,783 Total Maximum Reimbursement by VDOT to Locality Less Local Share $703,283 Estimated Total Reimbursement by VDOT to Locality Less Local Share and VDOT Expenses $685,783 Project Financing Aggregate Revenue Sharing Local Match Local Funds Allocations $703,283 $703,283 $392,283 $1,798,849 This project shall be administered in accordance with VDOTs Locally Administered Projects Manual and Revenue Sharing Program Guidelines. The project will be constructed and maintained in accordance with VDOTs Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without rproval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality completed project scoping on 04/12/2017. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $703,283 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FYI - $53,174 ($26,587 locality match and $26,587 VDOT match) FYI - $399,392 ($199,696 locality match and $199,696 VDOT match) FYI - $31,190 ($15,595 locality match and $15,595 VDOT match) FY17 - $922,810 ($461,405 locality match and $461,405 VDOT match) This project is part of a Programmatic Project Administrative Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administrative Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes I previous versions signed by the Locality and VDOT. This attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2019. No. 41450- 052019. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel, dated September 20, 2018 (the "Agreement ") between the City of Roanoke, Virginia (the "City "), Market Holdings, LLC, ( "MH ") and Big Lick Hospitality, LLC ( "Big Lick "), which proposed Agreement provided that the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 ( "City Parcel "); MH, as the owner of certain real property of approximately 0.5755 acres, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011412 ( "MH Parcel "); and Big Lick, agreed that the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the "Property "); (iii) construct on the Property and own a Parking Facility, in fee simple, and (iv) convey to Big Lick condominium units, certain air rights, and appropriate nonexclusive easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property, upon certain terms and conditions; authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Amendment No. 1 and Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41267- 091718, adopted on September 17, 2018, in which Council approved the terms of the Agreement the City, MH and Big Lick; WHEREAS, the City, MH and Big Lick executed the Agreement which was dated September 20, 2018; 2019; WHEREAS, under the terms of the Agreement, the Inspection Period expires on May 20, WHEREAS, all Parties have requested an extension of the Inspection Period, as defined in the Agreement, to complete its due diligence and inspections in form and substance acceptable to the City, MH, and Big Lick; and WHEREAS, the City, MH and Big Lick desire to amend the Agreement to address these matters in accordance with the terms of this Amendment No. 1. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: City Council hereby approves the terms of Amendment No. 1 to the Agreement as set forth in the City Council Agenda Report dated May 20, 2019, which Amendment No. 1 amends the Agreement approved by City Council by Ordinance No. 41267- 091718, adopted on September 17, 2018, and provides for certain undertakings and obligations by Big Lick, the City, and MH. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 1 to the Contract, to amend certain terms of the Agreement to extend the Inspection Period to July 31, 2019, to complete the Parties due diligence review of the Property, as set forth in the aforementioned City Council Agenda Report. Amendment No. 1 to the Agreement is to be substantially similar to the Amendment No. 1 attached to the Agenda Report. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Big Lick, the City, and MH pursuant to the Agreement and Amendment No. 1. 4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 3 Vti CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2019 Subject: Amendment No. 1 to the Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel, dated September 20, 2018 (the "Agreement ") at 116 Church Avenue, S.E., and 120 Church Avenue, S.E. Background: Market Holdings, LLC, (MH), Big Lick Hospitality, LLC (Big Lick), and the City of Roanoke (City) executed an Agreement for Purchase and Sale of Real Property (Agreement) dated September 20, 2018, whereby (i) MH agreed to sell, and the City agreed to purchase, 0.5755 acres, together with improvements thereon, located at 116 Church Avenue, S.E., Official Tax Map #4011412, and (ii) the City agreed to consolidate with City -owned property of 0.3607 acres, together with improvements thereon, located, at 120 Church Avenue, S.E., Official Tax Map #4011413, for the development of a downtown parking facility and hotel. The terms of this Agreement provided for an inspection period of 240 days (Inspection Period) with a non - refundable deposit of $50,000.00 to be paid by the City and Big Lick to MH no later than May 20, 2019. The City, MH, and Big Lick entered into the Agreement under which the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct and own a 490 -500 space Parking Facility, in fee simple; and (iv) sell to Big Lick for $700,010.00 (a) two condominium units for hotel lobby facilities, (b) air rights for hotel rooms, and (c) appropriate nonexclusive easement rights in the Parking Facility in order for Big Lick to construct and own a 125 -150 room Hotel Facility to accommodate the operation of a Hotel. Due to additional due diligence required by all Parties, the Parties are seeking approval to extend the Inspection Period to .July 31, 2019. Recommended Action: Adopt the attached ordinance authorizing the City Manager to execute an Amendment No. 1 to the Agreement among Market Holdings, LLC, Big Lick Hospitality, LLC and the City of Roanoke, substantially similar to the Amendment No. 1 attached to this Report, with an extended inspection period to July 31, 2019, and make such other amendments to the Agreement that are set forth in the proposed Amendment No. 1. All documents are subject to approval as to form by the City Attorney. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Rob Ledger, Acting Director of Economic Development Amelia C. Merchant, Director of Finance Laura M. Carini, Assistant City Attorney AMENDMENT NO. 1 TO AGREEMENT FOR THE PURCHASE AND SALE OF REAL, ESTATE DATED SEPTEMBER 20, 2018 AMONG THE CITY OF ROANOKE, VIRGINIA, MARKET HOLDINGS, LLC, AND BIG LICK HOSPITALITY, LLC This Amendment No. 1 to the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20, 2018, among the City of Roanoke Virginia, a Virginia municipal corporation (the "City "), Market Holdings, LLC, a Virginia limited liability company ( "Mff ), and Big Lick Hospitality, LLC, a South Carolina limited liability company and qualified to conduct business in the Commonwealth of Virginia ( "Big Lick ") ( "Amendment No. I") is dated this ____ day of May, 2019. RECITALS A. The City, MH, and Big Lick entered into the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20, 2018 (tile "Agreement ") under which Agreement, (i) MH agrees to sell, and the City agrees to purchase, the MH Parcel, all as in accordance with the terms and conditions of the Agreement; and (ii) the City agrees to sell, and Big Lick agrees to purchase, the Hotel Facility Property, all as in accordance with the tenns and conditions of the Agreement. B. Due to additional due diligence review required by all Parties, the Parties desire to extend the Inspection Period. C. The Parties desire to amend the Agreement to provide for the extension of the Inspection Period. Based on the foregoing, for good and valuable consideration and the representations set forth in the Recitals which are a material part of this Amendment No. 1 and are incorporated herein, the Parties agree as follows: 1. Section 7. 1.1 of the Agreement is amended by deleting the first sentence in its entirety and inserting the following sentence in its place: Big Lick shall have three hundred fourteen (314) Days following the Effective Date to complete Big Lick's due diligence review of the Property (the "Inspection Period "). The Inspection Period expires on July 31, 2019. 12464090 -1, 110046 - 00000 -011 2. Except as amended herein, the Agreement remains in full force and effect in accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended by this Amendment No. 1, constitutes the entire agreement between the Parties with respect to the purchase and sale of the MH Parcel and Hotel Facility Property. 3. Capitalized terms not dcfined in this Amendment No. 1 shall have the meaning ascribed to such tenns as set forth in the Agreement. Dated as of the day and date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES {2464090 -1, 110046 - 00000 -01} IN W fI'NI�SS WI F;RL OF =, the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. WITNESS: CITY OF ROANOKE, VIRGINIA _ Ey Robert S. Cowell, Jr. Print name and title City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing Amendment No. I 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: Notary Public Approved as to form: {2464090 -1, 110046 - 00000 -01} 3 Approved as to execution: SEAL WITNESS: Print name and title STATE OF CITY /COUNTY of MARKET HOLDINGS, LLC IN David Wine, Manager The foregoing Amendment No. 1 was acknowledged before me this __i day of , 2019, by David Wine, the duly authorized manager of Market Holdings, LLC, a Virginia limited liability company, on behalf of Market Holdings, LLC. My Commission expires: Notary Public {2464090 -1, 110046 - 00000 -01} SEAL WITNESS: BIG LICK HOSPITALITY, LLC a South Carolina limited liability company Print name and title By: Aughtry Hotel Management, LLC a South Carolina limited liability company its Manager By: Name: Paul C. Aughtry, III Its: Manager STATE OF CITY /COUNTY of The foregoing Amendment No. 1 was acknowledged before me this day of , 2019, by Paul C. Aughtry, I11, the duly authorized manager of Aughtry Hotel Management, LLC, a South Carolina limited liability company, as the manager of Big Lick Hospitality, LLC, a South Carolina limited liability company, on behalf of Big Lick Hospitality, LLC. My Commission expires: Notary Public (2464090 -1, 110046 - 00000 -01) SEAL AMENDMENT NO. 1 TO AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE DATED SEPTEMBER 20, 2018 AMONG THE CITY OF ROANOKE, VIRGINIA, MARKET HOLDINGS, LLC, AND BIG LICK HOSPITALITY, LLC This Amendment No. 1 to the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20, 2018, among the City of Roanoke Virginia, a Virginia municipal corporation (the "City "), Market Holdings, LLC, a Virginia limited liability company ( "MH "), and Big Lick Hospitality, LLC, a South Carolina limited liability company and qualified to conduct business in the Commonwealth of Virginia ( "Big Lick ") ( "Amendment No. I") is dated this _ day of May, 2019. RECITALS A. The City, MH, and Big Lick entered into the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20, 2018 (the "Agreement ") under which Agreement, (i) MH agrees to sell, and the City agrees to purchase, the MH Parcel, all as in accordance with the terms and conditions of the Agreement; and (ii) the City agrees to sell, and Big Lick agrees to purchase, the Hotel Facility Property, all as in accordance with the terms and conditions of the Agreement. B. Due to additional due diligence review required by all Parties, the Parties desire to extend the Inspection Period. C. The Parties desire to amend the Agreement to provide for the extension of the Inspection Period. Based on the foregoing, for good and valuable consideration and the representations set forth in the Recitals which are a material part of this Amendment No. 1 and are incorporated herein, the Parties agree as follows: 1. Section 7. 1.1 of the Agreement is amended by deleting the first sentence in its entirety and inserting the following sentence in its place: Big Lick shall have three hundred fourteen (314) Days following the Effective Date to complete Big Lick's due diligence review of the Property (the "Inspection Period "). The Inspection Period expires on July 31, 2019. 12464090 -1, 110046 - 00000 -01} 2. Except as amended herein, the Agreement remains in full force and effect in accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended by this Amendment No. 1, WnStiftltCS the entire agreement between the Parties with respect to the purchase and sale of the MH Parcel and Hotel Facility Property. Capitalized terms not defined in this Amendment No. I shall have the meaning ascribed to such terms as set forth in the Agreement. Dated as of the day and date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES (2464090-1, 110046-00000-011 IN WITNI::SS WI IF'.RI (X , the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. WITNESS: CITY OF ROANOKE, VIRGINIA _._. By .. ____... Robert S. Cowell, Jr. Print name and title City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing Amendment No. 1 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: Notary Public Approved as to form: (2464090-1, 110046 - 00000 -011 3 Approved as to execution- SEAL WITNESS: Print name and title STATE OF CITY /COUNTY of MARKET HOLDINGS, LLC IC David Wine, Manager The foregoing Amendment No. I was acknowledged before me this _ day of 2019, by David Wine, the duly authorized manager of Market Holdings, LLC, a Virginia limited liability company, on behalf of Market Holdings, LLC. My Commission expires: Notary Public SEAL {2464090 -1, 110046 - 00000 -01} 4 WITNESS: BIG LICK I-IOSPITALITY, LLC a South Carolina limited liability company Print name and title By: Aughtry Hotel Management, LLC a South Carolina limited liability company its Manager By: Name: Paul C. Aughtry, III Its: Manager STATE OF CITY /COUNTY of The foregoing Amendment No. 1 was acknowledged before me this day of , 2019, by Paul C. Aughtry, III, the duly authorized manager of Aughtry Hotel Management, LLC, a South Carolina limited liability company, as the manager of Big Lick Hospitality, LLC, a South Carolina limited liability company, on behalf of Big Lick Hospitality, LLC. My Commission expires: Notary Public SEAL {2464090 -1, 110046 - 00000 -011 5 STEFIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenne, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(h)roanokeva.gov May 21, 2019 Braxton G. Naff 3651 Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Naff: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Resolution No. 41451 - 052019 reappointing you as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office ending October 20, 2023. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2019. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in this capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue serving the City of Roanoke as a Director of the Economic Development Authority. Sie Cec7 la T. Webb, CMC Assistant Deputy City Clerk Enclosure c: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn, Feldmann, Darby and Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 (AAr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2019. No. 41451- 052019. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke. WHEREAS, the Council is advised that the term of office of Braxton G. Naff, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2019; and WHEREAS, § 15.2 -4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Braxton G. Naff is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term commencing October 21, 2019, and expiring October 20, 2023. COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Cecelia T. Webb, Assistant Deputy City Clerk, and as such Assistant Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of May 2019, BRAXTON G. NAFF was reappointed as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office ending October 20, 2023. Given under my hand and the Seal of the City of Roanoke this twenty -first day of May 2019. z ` ssistant Deputy City 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: elerk(g)roanokeva.gov May 21, 2019 Maryellen F. Goodlatte Glenn Feldmann Darby & Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Ms. Goodlatte: CECELIA F. MCCOV Deputy City Clerk CECELIA T. WFBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41452- 052019 repealing all conditions proffered as part of Ordinance No. 36747- 062104, adopted June 21, 2004, to the extent that it placed certain conditions on property located at 2903 and 0 (zero) Peters Creek Road, N. W., and establishing a new condition on such property; and rezoning certain property located at 2839 Peters Creek Road, N.W., from CG, Commercial - General District, to CLS, Commercial -Large Site District, with that same new condition. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 2019, and is in full force and effect upon its passage. Sin �e , e 1 T. Webb, CMC Assistant Deputy City Clerk Enclosure PC: Brad Lauth, CenterPoint Integrated Solutions, 355 Union Boulevard, Suite 301 Lakewood, Colorado 80228 Douglass Moyers, CarMax Auto Superstores, 12800 Tuckahoe Creek Parkway, Richmond, Virginia 23238 David A. Meredith, 4464 Oleva Street, N. W., Roanoke, Virginia 24017 Robert C. and Barbara T. Brammer, 2386 Loch Haven Drive, N. W., Roanoke, Virginia 24019 PPS & L Enterprises, LLC, 1454 Deacon Street, Salem, Virginia 24153 Greenwood Group, Inc., P. O. Box 11231, Blacksburg, Virginia 24062 RFC2017 Land, LLC, P. O. Box 20886, Roanoke, Virginia 24018 Kelsey M. Engle, 2414 Willow Walk Drive, N. W., Roanoke, Virginia 24017 Zenobia Bailey, 2418 Willow Walk Drive, N. W., Roanoke, Virginia 24017 Maryellen F. Goodlatte May 21, 2019 Page 2 PC: Thomas M. and Kathleen A. Buback, 2422 Willow Walk Drive, N. W., Roanoke, Virginia 24017 Miller Land Company, Inc., 916 Kenbridge Place, Salem, Virginia 24153 Hart Investments IV, LLC, 504 High Street, Salem, Virginia 24153 Slakman Investment, LLC, 2900 Peters Creek Road, N. W., Roanoke, Virginia 24019 Melrose Christian Church, 4807 Cove Road, N. W., Roanoke, Virginia 24017 The Honorable Brenda Hamilton, Clerk of Circuit Court Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Timothy Spencer, Senior Assistant City Attorney Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2019. No. 41452 - 052019. AN ORDINANCE repealing all conditions proffered as part of Ordinance No. 36747 - 062104, adopted June 21, 2004, to the extent that it placed certain conditions on property located at 2903 and 0 (zero) Peters Creek Road, N.W., and establishing a new condition on such property; and rezoning certain property located at 2839 Peters Creek Road, N.W., from CG, Commercial - General District, to CLS, Commercial -Large Site District, with that same new condition; and dispensing with the second reading of this ordinance by title. WHEREAS, Doug Moyers, on behalf of CarMax Auto Superstores, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal all conditions proffered as part of Ordinance No. 36747- 062104, adopted June 21, 2004, located at 2903 and 0 (zero) Peters Creek Road, N.W., bearing Official Tax Map Nos. 6410105 and 6410106, and establish a new condition on such property, and to rezone certain property located at 2839 Peters Creek Road, N.W., bearing Official Tax Map No. 6410104, from CG, Commercial- General District, to CLS, Commercial -Large Site District, subject to that same new condition; 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 May 20, 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 repeal of the existing proffered conditions, acceptance of a new proffered condition, and rezoning of the subject property, and for those reasons, it is recommended that Ordinance No. 36747 - 062104, adopted June 21, 2004, to the extent it placed certain conditions on the subject property, be repealed; that the new proffered condition be accepted, and that the hereinafter described property should be rezoned as set forth in the Zoning Amendment, Amended Application No. 1, dated April 19, 2019. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 36747 - 062104, adopted June 21, 2004, to the extent that it placed certain conditions on property located at 2903 and 0 (zero) Peters Creek Road, N.W., bearing Official Tax Map Nos. 6410105 and 6410106, respectively, is hereby REPEALED, and that 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 such action. 2. 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 2 amended, be amended to reflect the new proffered condition as set forth in the Zoning Amendment, Amended Application No. 1, dated April 19, 2019. 3. 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. 6410104 located at 2839 Peters Creek Road, N.W., be, and is hereby rezoned from CG, Commercial - General District, to CLS, Commercial -Large Site District, subject to a certain condition proffered by the applicant, as set forth in the Zoning Amendment, Amended Application No. 1, dated April 19, 2019. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ity Clerk. Rezone with proffers - 2839 2903 0 Peters Creek 5.20.19.doc 3 • a • �i CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2019 Subject: Application to repeal all conditions proffered as part of a previous rezoning and establish new conditions on property located at 2903 and 0 (zero) Peters Creek Road, N.W., bearing Official Tax Map Nos. 6410105 and 6410106, respectively, and to rezone 2839 Peters Creek Road, N.W., bearing Official Tax Map No. 6410104, from CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions. Summary: The Planning Commission held a public hearing on May 13, 2019. By a vote of 5 -0, with Commissioners K. Atwood and P. Smith absent, the Commission recommends approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Peters Creek North 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: Amendment of proffered conditions Rezoning, with conditions Applicant: CarMax Auto Superstores Owner: City of Roanoke Agent: CenterPoint Integrated Solutions, Brad Lauth City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 2839, 2903, and 0 Peters Creek Road, N.W. Official Tax Nos.: 6410104, 6410105, 6410106 Site Area: +/- 1 1 .81 acres Relevant Plans: Peters Creek North Neighborhood Plan Proposed Land Use: Motor vehicle sales and service establishment Future Land Use: Commercial Filing Date: Original Application: March 25, 2019 Amended Application No. 1: April 19, 2019 Background: The proposed amendment of proffered conditions and rezoning relates to three parcels. For the two largest parcels, the request is to repeal existing proffered conditions and adopt a new condition while leaving the zoning designation the same (CLS). The smaller of the parcels would be rezoned from CG to CLS, with the same condition as the two larger parcels. The result of the rezoning would be that all three parcels are zoned CLS, with a condition that the property will be developed according to a proffered site plan. The two largest parcels are tracts of land identified by Official Tax Nos. 6400105 and 6410106 that were rezoned from C- 2, General Commercial District, and RS- 3, Residential Single Family District, to C- 2, General Commercial District, subject to proffers referenced in Ordinance 36747 -06- 2104 approved by City Council on ,June 21, 2004. The conditions limited the use of the property to general and professional offices including financial institutions with several site specific conditions on the development of the property. During the Comprehensive Rezoning of 2005, these same parcels were rezoned to CLS, Commercial -Large Site District with the conditions previously proffered remaining in effect. As part of this action, the existing proffered conditions are proposed to be removed from these parcels. The property was never developed. The smallest parcel is a tract of land identified by Official Tax No. 6410104 that appears in aerial photos from 1953 to have been farmland with a house in the midst of an orchard -like planting accessed directly off of Peters Creek Road. By 2002, the Peters Creek North Neighborhood Plan shows the property had transitioned to commercial use. During the Comprehensive Rezoning of 2005, the parcel was rezoned to CG, Commercial - General District. The property has operated as a place for a motor vehicle sales and service establishment, used, for a number of years. Proposed Use /Development: The applicant wishes to locate a regional car dealership on the property under consideration. The proposed use will remain a motor vehicle sales and service establishment, new or used, that exists today on the smallest parcel, and will expand to cover a portion of all three parcels in the area closest to Peters Creek Road. The rezoning request would allow the construction of a one -story 7,500 s.f. +/- building, vehicle display area, and employee and customer parking. Turn lanes would be constructed within the center median area of Peters Creek Road and a five foot sidewalk would be constructed along the Peters Creek frontage within the existing public right -of -way. The development plan that is proffered shows the uses and the locations of the proposed building, driveway, display area, parking, and landscaping /screening. The conditions proposed for repeal for Official Tax Nos. 6410105 and 64101016 are as follows: 2 I . That the property shall only be used for general and professional offices including financial institutions. 2. For purposes of storm water management and quality of storm water runoff, the site will be developed to incorporate a series of bioretention areas within the parking areas, subject to tests of the existing soils and conditions and any changes required by the City during comprehensive site plan review. 3. A 20 foot wide landscaped buffer shall be installed and maintained along the rear property line. Said landscaped buffer shall consist of evergreen trees planted at a rate of one tree per 20 linear feet or a portion thereof and evergreen shrubs planted at a rate of 3 feet on center or less. 4. Deciduous trees shall be planted and maintained within and along the perimeter of the onsite parking lots at a rate equal to or greater than one tree planted per every six parking spaces provided. Deciduous trees shall have a minimum 2 112" caliper at planting. 5. The number of parking spaces located on the subject property shall be no greater than one parking space per 200 square feet of gross floor area. 6. No more than 10% of the off street parking spaces provided shall be located between the front of the building and Peters Creek Road. 7. All outdoor lighting along the perimeter of the property shall consist of fixtures designed and shielded to direct illumination away from the adjoining properties. Site lighting levels at adjacent property lines shall not exceed .5 foot candle. 8. Except for a service drive which shall be allowed, no more than one curb cut shall be utilized to serve the subject property. The curb cut shall be located either within 20 feet of the southern property line of Tax Map Number 6410106 at its intersection with Peters Creek Road or the northern end of Tax Map Number 6410105. The specific location of the curb cut serving the subject properties and median break shall be subject to a traffic impact study and its review and acceptance of its recommendations by the City during comprehensive site plan review. The applicant has proffered the following condition for the three parcels: The property will be developed in general conformance with the development plan prepared by Balzer and Associates, Inc. entitled "CARMAX - Exhibit A" dated March 25, 2019 and last revised April 19, 2019, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. Considerations: Compatibility with Surrounding Land Uses: The Peters Creek North Neighborhood Plan proposes keeping commercial uses in commercial nodes and redeveloping vacant or underdeveloped commercial property before allowing new property to be rezoned to commercial zoning. 3 The Plan's land use map recommends a commercial use for this property. While the properties to the southeast of the site are residential, the properties surrounding the remaining three sides (including the county properties across Peter's Creek Road) are commercial and institutional. The applicant has proffered a condition that the property will be developed in general conformance with the development plan and lists motor vehicle sales and service establishment as the sole use. The proffered development plan shows that the development of the property will only occur along the Peter's Creek corridor portion of the property at this time and would require any changes to the rear of the property to come back through another public process. The development plan shows a one -story 7,500 s.f. +/- building with an employee and customer parking area to the side of the building. A vehicle display area is located between the building and Peters Creek Road. Turn lanes are shown constructed within the center median area and a five foot sidewalk is shown constructed along the Peters Creek frontage within the existing public right -of -way. The proffered development plan offers protection to the existing and future residential property to the south as any changes to the plan which shows no development on the rear portion of the property would need to come back through another public zoning amendment process. Applicability /Appropriateness of Proposed Zoning District: The proposed change in zoning district on the smallest parcel to match the zoning of the two largest parcels that make up the property is appropriate as it will allow the property to be developed holistically for a commercial use type in an area specifically denoted for commercial development. The proposed change in proffered conditions is appropriate as it allows the property to be more fully developed for an active commercial use along the Peter's Creek frontage while protecting the residential property to the south through a proffered development plan that restricts development along the southern half of the property until further public process occurs. Availability of Other Property: There is one other large parcel located to the south of Cove Road at 0 Peters Creek Road, zoned CG, with conditions, that would allow this size and type of use by right. However, it is not currently available and as a CG zoned parcel, it would have required a different development pattern than currently proposed on the site under consideration. 0 Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Peters Creek North Neighborhood Plan recognize that commercial development in this area along Peters Creek Road should be supported when done in a manner that protects the character of the adjacent residential areas. Policy /Action Plan I Applicability to matter ED P6. Commercial development. Comprehensive Rezoning will support the Roanoke will encourage commercial Plan', pg. 59, expansion of an existing development in appropriate areas (i.e., Commercial commercial use within a key intersections and centers) of Development commercial development Roanoke to serve the needs of citizens Map pg 55 opportunity area. and visitors. Economic Development Peters Creek The amendment to • Concentrate commercial uses in North proffered conditions and commercial nodes. Neighborhood rezoning allows a car • Encourage redevelopment of Plan, pg. 30, dealership use in a car vacant and underused commercial Land uses map dealership node on existing property before allowing new pg 27 commercial property in commercial zoning. accordance with the future land use map. Infrastructure Policies Peters Creek The proposed development • Improve the sidewalk /curb system. North adds sidewalk along the • Improve traffic circulation and Neighborhood front of the property to aid connections Plan, pg. 32. in pedestrian connectivity and turn lanes in each direction to aid in traffic safely crossing to adjacent parcels. Comments on Application: Planning Commission Work Session: 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 development plan will restrict the future development pattern to what is shown on the proffered plan, make sure that the plan proposed is what you want to build or address proffered conditions in a different manner. Vision 2001 -2020, City of Roanoke, 2001 Peters Creek North Neighborhood Plan, City of Roanoke, 2002 2) In addition to the arrangement of the proffered plan, the development is subject to the other dimensional and development standards of the zoning ordinance and supplemental regulations for a motor vehicle sales and service establishment. Items that will need to be addressed include: a. The proposed site plan exceeds the maximum parking permitted (63 parking spaces noted). This is only permissible if a permeable pavement system is used for the parking spaces beyond the maximum. b. Pedestrian access from the sidewalk on Peters Creek Road to the building entrance is required. c. The maximum driveway width is 24' rather than the 28' indicated on the plan. 3) If the median break in Peters Creek Road is to be moved, then the new median break will need to conform to current standards. ITE trip manual doesn't account for this style of operation, traffic generation from a comparable Carmax location is needed to determine length of turn. Also, as part of agreeing to move the median break, Roanoke County wants a northbound turn lane be installed to provide a safer way for motorists to turn around to access businesses on the other side of the street. 4) Lighting brightness and trespass from the proposed development is a concern regarding the residential properties to the rear. The applicant submitted Amended Application No. 1 addressing most of the comments listed above. The proffered development plan is now referenced in general conformity which allows flexibility in the design of the facility while still showing the rear portion of the property as open area. In addition, detailed dimensions were removed from the plan and turn lanes are shown as part of the new median break. Interdepartmental Comments: General comments were provided from the Fire Marshal's Office and the Planning Department related to the site development process. Public Comments: No comments received. Public Hearing: No comments received. 2 Conclusions and Recommendations: The proposed change in zoning allows an existing commercial property in an area noted for commercial development in both the City's Comprehensive Plan and Peters Creek North Neighborhood Plan to be used more fully for a commercial type of use that currently exists on a portion of the property. The proffered development plan that shows the rear of the property as undeveloped at this time provides protection to the residential property to the south as an intensive commercial use is kept far from the residentially zoned property and future development of the rear portion of the property would need to pass through another public process before it could occur. With the condition proffered limiting development to protect the adjacent residential use, the change is appropriate for the surrounding area. - -- --------------- - -- James E. Smith, Chair City Planning Commission Enclosures: 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 Douglas Moyers, CarMax Auto Superstores Brad Lauth, CenterPoint Integrated Solutions 7 2 4--J g E � u � 7 IL � � � � � � z � � N � .o � � m � � - ■7 CD 2 o 2 2 too \ T } 3 m 22 40 \ - 2 - _ { \ k f k M (D CL § G \ E R R # e ƒ { § \ \ ^ ¢ $ E ) � � _ } lx cr § ! ) ) § » \ L. CL y � � ON ;0 1 t J _ honing Amendment A pplicaEfvEo 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 Filing Date:lApr 19, 2019 APR 19 2019 CITY OF ROANOKE Click Hereto Print PLANNING BUILDING E DEVELOPMENT Submittal Number: [Amended Application No. 1 ❑ Rezoning, Not Otherwise Listed ❑x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Proberlty oirrnattion: Address: 12839,2903, 0 Peters Creek Road NW, Virginia 24019 Official Tax No(s).: 6410104, 6410105, 6410106 ❑ x Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing ❑ Without Conditions Ordinance Zoning: CG and CLS ❑x With Conditions No(s). (If 36747- 062104 ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Zoning: CLS, Commercial Large Site ❑X With Conditions Land Use: Motor Vehicle Sales and Service Establishment ❑ Planned Unit Development Name: City of Roanoke, Virginia - Robert S. Cowell Jr. - City Manager Phone Number: +1 (540) 8537-2333 15 Church Avenue SW, Suite 364 Roa ke, VA 24011 E -mail: Robert.Cowell @RoanokeVA.gov Name: CarMax Auto Superstores c/o Doug Moyers Phone Number: +1 (804) 747 -0422 1 Address: 12800 Tuckahoe Creek Parkway, Richmond, VA 23238 E -mail: Douglass_Moyers @CarMax.com Name: Cen oint Integrated Solutions c/o Brad Lauth Phone Number: +1 (720) 735 -0442 Address: 355 Union Boulevard, Suite 301, Lakewood, CO 80228 E -mail: BLauth @Centerpoint- is.com Augv eatSgWm: 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 Filing Date: Apr 19, 2019 Submittal Number. Amended Application No.1 Click Here to Print ❑ Rezoning, Not Otherwise Listed ❑x Amendment of Proffered Conditions ❑x Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 12839,2903, 0 Peters Creek Road NW, Virginia 24019 Official Tax No(s).: 16410104,6410105,6410106 Existing ❑ Without Conditions Ordinance Zoning: CG and CLS ❑x With Conditions No(s)• (If 36747 - 062104 ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Zoning: CLS, Commercial Large Site ❑x With Conditions Land Use: Motor Vehicle Sales and Service Establishment ❑ Planned Unit Development Name: City of Roanoke, Virginia - Robert S. Cowell Jr. - City Manager Phone Number. +1 (540) 853 -2333 Address: 215 Church Avenue SW, Suite 364 Roanoke, VA 24011 E -mail: [wobert.Cowell@RoanokeVA.gov Name: CarMax Auto Superstores c/o Doug Moyers Phone Number. +1 (804) 747 -0422 Address: 12800 Tuckahoe Creek Parkway, Richmond, VA 23238 E -mail: Douglass_Moyers @CarMax.com APO-rft $"A - Name: CenterPoint Integrated Solutions c/o Brad Lauth Phone Number. +1 (720) 735 -04442 Address: 355 Union Boulevard, Suite 301, Lakewood, CO 80228 E -mail: FLauth@Centerpoint-is.00m PROJECT NARRATIVE: The purpose of this request is for the construction of a one -story 7,590 SF building and associated parking areas for a CarMax Auto Superstore. The request as outlined below is contained in two different parts. 1. The first part of the request is to remove existing proffered conditions for Tax Parcels 6410105 and 6410106 (Existing Zoning CLS with conditions) and to amend the zoning of Tax Parcel 6410104 (Existing Zoning CG) located on Peters Creek Road just North of the intersection of Cove Road. The existing proffered conditions on parcels 6410105 and 6410106 were established by Ordinance #36747 - 062104 in 2004 by the City of Roanoke. Since 2004, these parcels have remained vacant while parcel 6410104 has continued to operate as a used motor vehicle sales facility. The City of Roanoke owns all three parcels associated with this application. 2. The second part is to establish new proffers to parcels 6410104, 6410105, and 6410106 which will Iater be combined into one parcel through the City of Roanoke platting process. The parcels will all be zoned CLS with conditions outlined in the proposed proffer section of this application. In general, the proposed condition proffers the development plan of the proposed CarMax development. The proposed development will consist of a 7,590 SF CarMax pre -owned automobile dealership, sales and service building with associated access drives, parking lots, security features, and landscaped areas. The proposed building will comply with all building codes for construction including fire code requirements. These various building and site improvements will be provided during the Comprehensive Development Plan phase of the project and provided to the City of Roanoke for review and approval. In general, the sales display area will utilize the majority of the Peters Creek Road frontage with the sales and service building directly behind that lot and an adjacent customer /employee parking lot and separate sales staging lot. The CarMax improvements are located to the front of the approximate 11 -acre development on Peters Creek Road with no current plans for future development to the rear of the property. However, the site is being developed in a way that it would not inhibit future development in the rear of the property. Should future development take place in the rear of the property, it would be the responsibility of that developer to go through the zoning amendment process with the City of Roanoke to amend the approved proffered development plan and zoning designations this application is seeking. At that time, conditions may be placed on the rear development associated with protecting the adjacent residential properties. The subject property is currently zoned commercial and will remain a commercial zone with the proposed CarMax project. This project is in line with the City of Roanoke Comprehensive Development plan and future land use. CarMax understands the sensitivity of the development to the adjacent residential properties. The CarMax development will be located along the commercial corridor of Peters Creek Road and is located as close to the front of the property as possible. Existing trees are being maintained to the extent possible and a screen wall in the staging area is proposed to shield CarMax operations from the public view. This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance. All Roanoke City Stormwater Management Design Manual requirements shall also be met for the project. PROFFERS TO BE REPEALED: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 36747 - 062104 be repealed as they pertain to Official Tax Numbers 6410105 and 6410106: 1. That the property shall only be used for general and professional offices including financial institutions. 2. For purposes of storm water management and quality of storm water runoff, the site will be developed to incorporate a series of bioretention areas within the parking areas, subject to tests of the existing soils and conditions and any changes required by the City during comprehensive site plan review. 3. A 20 foot wide landscaped buffer shall be installed and maintained along the rear property line. Said landscaped buffer shall consist of evergreen trees planted at a rate of one tree per 20 linear feet or a portion thereof and evergreen shrubs planted at a rate of 3 feet on center or less. 4. Deciduous trees shall be planted and maintained within and along the perimeter of the onsite parking lots at a rate equal to or greater than one tree planted every six parking spaces provided. Deciduous trees shall have a 2 %z" caliper at planting. 5. The number of parking spaces located on the subject property shall be no greater than one parking space per 200 square feet of gross floor area. 6. No more than 10% of the off - street parking spaces provided shall be located between the front of the building and Peters Creek Road. 7. All outdoor lighting along the perimeter of the property shall consist of fixtures designed and shielded to direct illumination away from the adjoining properties. Site lighting levels at adjacent property lines shall not exceed 0.5 foot candle. 8. Except for a service drive which shall be allowed, no more than one curb cut shall be utilized to serve the subject property. The curb cut shall be located either within 20 feet of the southern property line of Tax Map Number 6410106 at its intersection with Peters Creek Road or the northern end of Tax Map Number 6410105. The specific location of the curb cut serving the subject properties and median break shall be subject to a traffic impact study and its review and acceptance of its recommendations by the City during comprehensive sits plan review. PROFFERED CONDITION: The applicant hereby agrees to proffer the following conditions as they apply to the 11.813 acre +/- overall parcel identified as Official Tax Numbers 6410104, 6410105, and 6410106 1. The property will be developed in general conformance with the development plan prepared by Balzer and Associates, Inc. entitled "CARMAX — Exhibit A" dated March 25, 2019 and last revised April 19, 2019, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. CARMAX ZONING AMENDMENT: (B &A JOB #0418010700) METES AND BOUNDS DESCRIPTION BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF THE VARIABLE RIGHT OF WAY OF PETERS CREEK ROAD (RTE. 117), SAID POINT BEING APPROXIMATELY 0.12 MILES FROM THE INTERSECTION OF PETERS CREEK ROAD AND COVE ROAD, N.W.; THENCE WITH PETERS CREEK ROAD A BEARING AND DISTANCE OF N41 °56'45 "E 543.38 FEET TO A POINT COMMON TO THE PROPERTY OF ROBERT C. BRAMMER (T.M. #6410103); THENCE WITH T.M. #6410103 S50 °23'13 "E 219.25 FEET TO A POINT; THENCE WITH THE SAME S50 °32'27 "E 800.64 FEET TO A POINT ON THE COMMON LINE WITH T.M. #6410116; THENCE WITH T.M. #6410116 S31 °38'23 "W 429.73' TO A POINT; THENCE N56 °34'42 "W 1108.07 FEET TO THE POINT AND PLACE OF BEGINNING; CONTAINING 11.813 ACRES AND BEING ALL OF T.M. #'S 6410104 (INSTRUMENT #150001151), 6410105 & 6410106 (INSTRUMENT #090011390 & M.B. 1, PG. 2708); SAID PROPERTY BEING LOCATED IN THE CITY OF ROANOKE, VIRGINIA. TRAFFIC IMPACT STUDY •- A 1 Uan 1 Store # 6154 TAX MAP #: 6410104, 6410105, 6410106 2839/2903 Peters Creek Road Roanoke, VA 24019 B &A PROJECT #04180107.00 DATE: 2/5/2019 REVISED: 4119/2019 BA=R 9tASSOCIATES Introduction: This traffic study is being provided to analyze the projected traffic generation and turn lane /taper analysis for a proposed CARMAX Development located at 2839/2903 Peters Creek Road within the City of Roanoke, Virginia. The proposed building will have an overall square footage of approximately 7,590 s.f. that includes the following specific uses: 1. Sales Area: 4,312 s.f. 2. Presentation: 635 s.f. (Covered Area Only) 3. Service Area: 2,643 s.f. Existing Daily and Peak Hour Traffic: 2017 VDOT published data (please see Attachment 1): Peters Creek Road (Route 117) AADT = 18,000 Directional Factor = 0.507 K Factor = 0.092 Total Peak Hour Trips: 1,656 840 Trips per Hour in Peak Direction Existina Peak Hour Traffic Data 816 vph (840 vph) Peters Creek Road (Southbound) Peters Creek Road (NorthBound) 840 vph (816 vph) KEY SITE 00 vph =AM PH (00 vph) = PM PH K Proposed Site Generated Traffic: (From ITE Manual) The trip generation calculations were based on the proposed land use shown on the conceptual civil site plan indicated as SP -6 (please see Attachment 5). The policies and procedures found in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 90th Edition, were employed to determine the potential site generated traffic volumes for the proposed development. Traffic volumes for the average weekday and weekday peak hours of the adjacent street traffic are provided and illustrated in the Table and Figure below, respectively. Note that the trip general calculation below references the proposed building of 7,590 s.f. + / -. It has been estimated that the # of employees for the facility will be 25. Proposed Trip Generation: 3 TRIP GENERATION LAND USE AM PEAK HR PM PEAK HOUR DAILY Proposed Development ITE Code Independent Variable Enter Exit I Total Enter Exit Total Total Automobile Sales (Used) LU:841 7,590 sf 12 4 16 13 15 28 205 TOTAL 16 28 205 3 Proposed Site Generated Traffic: (From another CarMax Facility) As requested by the City of Roanoke, manual traffic counts were provided to determine overall trips for the existing Carmax in Lynchburg, VA. The existing store in Lynchburg Virginia is a similar size store and format and would closely resemble the proposed facility within the City of Roanoke, VA. Facility Location of Counts: CarMax 507 Simmons Run Lynchburg, VA 24502 Count Details: Counts were performed from 10am to 8pm and broken down for every 15 minutes including passenger and car carrier /heavy truck trips. Hours of operation for the store are 11 am to 8pm. Counts were taken on on -site on Tuesday April 16, 2019. Weather on the day of the counts was Sunny and Clear. Total Existing Trip Generation: (Lynchburg. VA) 4 TRIP GENERATION LAND USE AM PEAK HR PM PEAK HOUR DAILY Proposed ITE Independent Development Code Variable Enter Exit Total Enter Exit Total Total Automobile Lynchburg, VA Sales (Used) LU:841 n/a n/a n/a 22 26 48 210 Location n/a 48 210 TOTAL 4 Turn -Lane and Taner Reauirements: For the purposes of this analysis, it was assumed that all vehicles will access the site from Peters Creek Road, as this is the only point of access by vehicles to the site. The analyses to determine turn lane warrants on Peters Creek Road to serve the proposed development were completed by following the procedures and methodologies found in the VDOT Road Design Manual, Volume 1, Appendix F. The data provided below is from the actual traffic counts provided for the existing Lynchburg, VA CarMax Facility. Right -Turn Lane into Site from Peters Creek Road (North Bound Traffic AM Peak Hour Analysis: - 0 Vehicles per Hour Turning Right into site from Peters Creek Road - Approach Volume = 840 VPH Peters Creek Road -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: No improvements warranted (please see Attachment 3). PM Peak Hour Analysis: - 10 Vehicles per Hour Turning Right into site from Peters Creek Road - Approach Volume = 816 VPH Peters Creek Road -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: No improvements warranted (please see Attachment 3). Left -Turn Lane into Site from Peters Creek Road: (Southbound Traffic) AM Peak Hour Analysis: - 0 Vehicles per Hour Turning Left into site from Peters Creek Road - Opposing Volume = 840 VPH Peters Creek Road -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: No improvements warranted (please see Attachment 4). PM Peak Hour Analysis: - 12 Vehicles per Hour Turning Left into site from Peters Creek Road - Opposing Volume = 816 VPH Peters Creek Road -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: No improvements warranted (please see Attachment 4). 5 Summary: Based on the data provided, the assumptions made, and the potential site generated traffic, the results of the analysis are: No Tapers are warranted for left or right turn movements into the site. No Turn Lanes are warranted for left or right movements into the site. No further analysis is required. The traffic summary has been provided to analyze the background traffic regarding the proposed improvements with the proposed development of the CARMAX Development. Attachments: 1. Peters Creek Road — VDOT Traffic Data 2. Land Use 841 — ITE Manual Data 3. Left Turn Taper/Turn Lane Warrants Nomograph 4. Right Turn Taper/Turn Lane Warrants Nomograph 5. Conceptual Site Plan — CarMax 6. Traffic Count Data — Lynchburg, VA 2 Virginia Department of Transportation ATTACHMENT #1 Traffic Engineering Division 2017 Annual Average Daily Traffic Volume Estimates By Section of Route City of Roanoke 116 11 221 Williamson Rd City of Roanoke 0.15 22000 G 98% 0% 19/6 0% 0% 0% F 0.088 0.514 24000 G n- _ StKamdmh A- 116 it 221 Williamson Rd City of Roanoke 0.15 15000 G 98% 0% 1% 0% 0% 0% F 0.092 0.709 17000 G a•- 116 i t 221 Williamson Rd City of Roanoke 0.50 11000 G 99% 0% 0% 0% 0% 0% F 0.076 0.539 12000 G _us 11 ALT ALT US 460 EEEI 116 460 11 QOrangeAve City of Roanoke 014 36000 G 96% 1% 1% 1% 1% 0°A F 0.083 0.51 39000 G ALT 1 581. US 220, ALT SR 2.10 116 460 11 Orange Ave City of Roanoke 0.90 20000 F 96% 1 % 1 % 1 % 1 % 09/6 C 0.083 0.51 21000 F ALT n.�_._ —_- 10th Sk Caimb— Rd___ _ 116 480 11 Orange Ave City of Roanoke 1.00 13000 G 96% 1% 1% 1% 1% 09/. F 0.078 0.541 14000 G ALT n- Satan 7umpCs 116 480 11 Melrose Ave City of Roanoke 0.41 12000 G 96% 1% 1% 1% 1% 0% F 0.087 0.51 14000 G i 16 Lafayette Blvd City of Roanoke 0.73 n, 7300 G 98% 1% 1% 0% 0% 0% C 0.09 0.583 8000 G Cove Rd I.Afayetze Blvd 116 Cove Rd City of Roanoke 0.72 12000 G 98% 1% 1% 09% 0% 0% F 0.085 0.545 13000 G ° SR 101 Ilemhbcrji" Rd US 11 Bmadoa Ave 1 p Peters Creek Rd Ext City of Roanoke 2.34 17000 G 96% 1 % 1% 0% 1% 0% F 0.099 0.548 19000 G iiS 460 rieimae Ave _ 117 Peters Creek Rd City of Roanoke 0.46 22000 G 96% 1% 1% 0% 1% 0% F 0.092 0.538 25000 G • R101 H—libma Rd 117 Peters Creek Rd City of Roanoke O.B7 16000 G 96% 1% 1% 0% 1% 09/6 F 0.087 0.526 19000 G Covii Rd 11TPeters Creek Rd City Of Roanoke 1.37 18000 G 989/6 1% 1% 0% 1% 0% F 0.092 0.507 21000 G 1 -581 117 Peters Creek Rd City of Roanoke 0.82 21000 A 96% 1% 1% 01/6 1% Ooh C 0.112 0.504 24000 A NCL Roanoke 4' 10 2018 10 - -Truck----- - - - - -- O K O Dir A Route J Jurisdiction L Length AADT G GA 4 4Tire B Bus - OC K OK D AAWDT OW 2Axle 3 +Axle iTrail 2Tral F Factor F Factor Piedmont St 116 Walnut Ave C City of Roanoke 0 0.26 6400 G G 9 98% 1 1% 1 1% 0% 0% 0% C C 0.104 0 0.695 6 6900 G Jeff. —S1 _ Wa1oa1 Ave 116 Jefferson St C City of Roanoke 0 0.42 10000 G G 9 98% 1 1% 1 1% 0% 0% 0% F F 0.09 0 0.599 1 11000 G EJm An--- _ US 221: IUS 221•P: 128 -8015 Goo T T I I _ 116 221 Franklin Rd C City of Roanoke 0 0.14 5700 G G 9 98% 0 0% 1 1% 01/6 0% 0% F F 0.128 0 0.693 6 6100 G r777777 - - u5 11 Williamson Rd City of Roanoke 0.15 22000 G 98% 0% 19/6 0% 0% 0% F 0.088 0.514 24000 G n- _ StKamdmh A- 116 it 221 Williamson Rd City of Roanoke 0.15 15000 G 98% 0% 1% 0% 0% 0% F 0.092 0.709 17000 G a•- 116 i t 221 Williamson Rd City of Roanoke 0.50 11000 G 99% 0% 0% 0% 0% 0% F 0.076 0.539 12000 G _us 11 ALT ALT US 460 EEEI 116 460 11 QOrangeAve City of Roanoke 014 36000 G 96% 1% 1% 1% 1% 0°A F 0.083 0.51 39000 G ALT 1 581. US 220, ALT SR 2.10 116 460 11 Orange Ave City of Roanoke 0.90 20000 F 96% 1 % 1 % 1 % 1 % 09/6 C 0.083 0.51 21000 F ALT n.�_._ —_- 10th Sk Caimb— Rd___ _ 116 480 11 Orange Ave City of Roanoke 1.00 13000 G 96% 1% 1% 1% 1% 09/. F 0.078 0.541 14000 G ALT n- Satan 7umpCs 116 480 11 Melrose Ave City of Roanoke 0.41 12000 G 96% 1% 1% 1% 1% 0% F 0.087 0.51 14000 G i 16 Lafayette Blvd City of Roanoke 0.73 n, 7300 G 98% 1% 1% 0% 0% 0% C 0.09 0.583 8000 G Cove Rd I.Afayetze Blvd 116 Cove Rd City of Roanoke 0.72 12000 G 98% 1% 1% 09% 0% 0% F 0.085 0.545 13000 G ° SR 101 Ilemhbcrji" Rd US 11 Bmadoa Ave 1 p Peters Creek Rd Ext City of Roanoke 2.34 17000 G 96% 1 % 1% 0% 1% 0% F 0.099 0.548 19000 G iiS 460 rieimae Ave _ 117 Peters Creek Rd City of Roanoke 0.46 22000 G 96% 1% 1% 0% 1% 0% F 0.092 0.538 25000 G • R101 H—libma Rd 117 Peters Creek Rd City of Roanoke O.B7 16000 G 96% 1% 1% 0% 1% 09/6 F 0.087 0.526 19000 G Covii Rd 11TPeters Creek Rd City Of Roanoke 1.37 18000 G 989/6 1% 1% 0% 1% 0% F 0.092 0.507 21000 G 1 -581 117 Peters Creek Rd City of Roanoke 0.82 21000 A 96% 1% 1% 01/6 1% Ooh C 0.112 0.504 24000 A NCL Roanoke 4' 10 2018 10 Land Use: 841 Automobile Safes (Used) Description ATTACHMENT #2 A used automobile sales dealership is typically located along a major arterial street characterized by abundant commercial development. The sale or lease of used cars is the primary business at these facilities; however, automobile services and parts sales may also be available. Some dealerships also include leasing options, truck sales, and servicing. Automobile sales (new) (Land Use 840) and recreational vehicle sales (Land Use 842) are related uses. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the 14 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 9:45 and 10:45 a.m. and 4:30 and 5:30 p.m., respectively. The sites were surveyed in the 2010s in Texas. Source Numbers 880,881 Automobile Sales (Used) (841) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 14 1000 Sq. Ft. GFA: 2 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 27.06 4.44-71.21 17.91 Data Plot and Equation CL is n x X 100 x �X X x X X 6o X x 'X X X x X Study Site X =1000 Sq. Ft. GFA - - - - Average Rate Automobile Sales (Used) (841) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban /Suburban Number of Studies: 8 1000 Sq. Ft. GFA: 3 Directional Distribution: 76% entering, 24% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 2.13 0.38-7.41 1.98 Data Plot and Equation I W CL X = 1000 Sq. Ft. GFA X Study Site - - - - Avenge Rats s x 0 x x x X 5 x X X 00 1 2 3 4 5 X = 1000 Sq. Ft. GFA X Study Site - - - - Avenge Rats Automobile Sales (Used) (841) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 14 2 47% entering, 53% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 3.75 0.56-8.15 Data Plot and Equation t W CL If X Study Site Standard Deviation 2.28 X X X x X XX X 'X X X� X X =1000 Sq. FL GFA - - - - Average Rah x Automobile Sales (Used) (841) Vehicle Trip Ends vs: Employees On a: Weekday Setting /Location: Number of Studies: Avg. Num. of Employees: Directional Distribution: General Urban /Suburban 14 5 50% entering. 50% exiting Vehicle Trip Generation per Employee Average Rate Range of Rates 12.48 4.00-40.00 Data Plot and Equation W CL r u 1 50 , X X )0 X -X X- X X X so -k X X X X X 00 s 10 X Study Site Fitted Curve Equation: Not Given X = Number of Employees Standard Deviation 7.52 - - - - Average Rah R•= — Automobile Sales (Used) (841) Vehicle Trip Ends vs: On a: Setting/Locatlon: Number of Studies: Avg. Num. of Employees: Directional Distribution: Employees Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. General Urban/Suburban 8 5 76% entering. 24% exiting Vehicle Trip Generation per Employee Average Rate Range of Rates 1.16 0.33-3.33 Data Plot and Equation r, K W CL n x X X X X� X X �0 5 X Study Site Fitted Curve Equation: Not Given X = Number of Employees Standard Deviation 0.94 - - - - Avenge Rate Re_'— Automobile Sales (Used) (841) Vehicle Trip Ends vs: On a: Setting /Location: Number of Studies: Avg. Num. of Employees: Directional Distribution: Vehicle Trip Generation per Employee Average Rate 1.73 Data Plot and Eauation Employees Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 14 5 47% entering, 53% exiting Range of Rates 0.50-7.00 Standard Deviation 1.48 AM (PM) i • ATTACHMENT #3 F -57 Warrants for Left Turn Storage Lanes on Four -Lane Highways :.. ... _ 1400 a. 1200 W g J 1000 O O 800 Z 4 600 O 0 400 II At- Grade, Unsignalized intersections S= Storage Length Required Note: S =100' Min. (See Figure 3-1) O 0 100 200 300 400 500 600 (12) VL LEFT TURNING VOLUME (VPH) FIGURE 3-3 WARRANTS FOR LEFT TURN STORAGE LANES ON FOUR -LANE HIGHWAYS* Figure 3 -3 was derived from Highway Research Report No. 211. Opposing volume and left turning volume in vehicles per hour (VPH) are used for left turn storage lane warrants on four -lane highways. For plan detail requirements when curb and /or gutter are used, see VDOT's Road Design Manual, Section 2E -3 on the VDOT web site: http: //www. virginiadot org/husinessAocdes/rdmanual- index. asp. Left -turn lanes shall also be established on two -lane highways where traffic volumes are high enough to warrant them. Rev. 1/18 120 100 O W IL 80 01 J U_ W > 60 O 40 S IL 20 0 (10) ATTACHMENT #4 PHV APPROACH TOTAL, VEHICLES PER HOUR 00 F -80 Appropriate Radius required at all Intersections and Entrances (Commercial or Private). LEGEND PHV- - Peak Hour Volume (also Design Hourly Volume equivalent) Adjustment for Right Turns If PHV is not known use formula: PHV = ADT x K x D K = the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. When right turn facilities are warranted, see Figure 3 -1 for design criteria.' FIGURE 3 -27 WARRANTS FOR RIGHT TURN TREATMENT (4 -LANE HIGHWAY) Rev. 1115 Raj 41 WK, ill:l FIT. I BLOM VA InU)NVOV ; lie i9j ha I -OW Al +011 H A Iwo 41 10 Wyj 41, 41 WK, ha I -OW Al +011 H A Iwo 41 10 Wyj 41, wig BAUER & ASSOCIATES PLANNERS / ARCHITECTS ENGINEERS / SURVEYORS 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 www.balzer.cc Roanoke Richmond New River Valley Staunton Harrisonburg Lynchburg ATTACHMENT #6 Traffic Count Data: CarMax Facility 507 Simmons Run Lynchburg, VA 24502 Data Taken on 4/16/2019 (Tuesday) Timeframe: Vehicles: 10:00-10:15a 6 10:15-10:30a 3 10:30-10:45a 3 10:45-11:00a 5 11:00-11:15a 2 11:15-11:30a 8 11:30-11:45a 8 11:45a-12:00p 8 5 12:00-12:15p 4 O BALZER & ASSOCIATES PLANNERSIARCHrrECTS ENGINEERS / SURVEYORS Timeframe: Vehicles: 12:15- 12:30p 2 12:30- 12:45p 4 12:45 -1:00p 6 1:00 -1:15p 5 1:15 -1:30p 7 1:30 -1:45p 5 1:45 -2:00p 5 2:00 -2:15p 7 2:15 -2:30p 5 2:30 -2:45p 8 2:45 -3:00p 8 3:00 -3:15p 6 3:15 -3:30p 3 Page 2 of 4 LA-41, wig BALZER & ASSOCIATES PLANNERS IARCNITECTS ENGINEERS ! SURVEYORS Timeframe: Vehicles: 3:30 -3:45P 7 Page 3 of 4 3:45 -4:00p 3 _..._ 4:00 -4:15p 4 4:15 -4:30p 4 4:30 -4:45p 6 4:45 -5:00p 4 5:00 -5:15p 6 5:15 -5:30p 9 5:30 -5:45p 10 5:45 -6:00p 5 6:00 -6:15p 4 6:15 -6:30p 5 6:30 -6:45p 5 Page 3 of 4 BALZER & ASSOCIATES PLANNERSIARCHrrECTS EMMEERS I SURVEYORS Timeframe: Vehicles: 6:45 -7: 7 :00 -7:15p 5 7:15 -7:30p 2 7:30 -7:45p 2 7:45 -8:00p 6 Page 4 of 4 n` C 1 i OF RO.ANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2441 1 -1536 Telephone: (540) 853 -2541 MARY F. PARKER, CMC Fax: (540) 853 -1145 E -mail: cierk©ci.roanoke.va.us City Clerk June 28, 2004 File #51 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk I am enclosing copy of Ordinance No. 36747 - 062104 rezoning that portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, Official Tax Nos. 6410105 and 6410106, from RS -3, Residential Single Family District, and C -2, General Commercial District, to C -2, General Commercial District, subject to proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 27, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, .June 21, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CIVIC City Clerk M FP: ew Enclosure Maryellen F. Goodlatte June 28, 2004 Page 2 pc: Lingerfelt Enterprises, Inc., 2839 Peters Creek Road, N. W. Roanoke, Virginia 24019 Robert C. Brammer, 2386 Loch Haven Drive, Roanoke, Virginia 24019, Joan F. Showatter and Lura Showalter 4623 Cove Road, N. W., Roanoke, Virginia 24017 Greenwood Group, Inc., P. O. Box 11231, Blacksburg, Virginia 24062 Melrose Christian Church, 4807 Cove Road, N. W., Roanoke, Virginia 24017 Carlos B. Hart and Patricia R. Hart, 504 High Street, Salem, Virginia 24153 Richard D. Steen, 2840 Peters Creek Road, N. W., Roanoke, Virginia 24019 Slakman Investment, LLC, 2900 Peters Creek Road, N. W., Roanoke, Virginia 24019 Robert B. Manetta, Chair, City Planning Commission 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Director, Real Estate Valuation Karl S. Cooler, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36747 - 062104. AN ORDINANCE to amend §36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Public Facility Consortium, LLC has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS -3, Residential Single Family District, and C -2, General Commercial District, to C -2, General Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 21, 2004, after due and timely notice thereof as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, 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 36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That portion of two tracts of land located at 2903 Peters Creek Road, N.W., containing 11.5 acres, more or less, designated on Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax Nos. 6410105 and 6410106, be, and are hereby rezoned from RS -3, Residential Single Family District, and C -2, General Commercial District, to C -2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 27, 2004, and that Sheet No. 641 of the 1976 Zone Map be changed in this respect. ATTEST: City Clerk. H!kORDI ANCE w- RUO- PUBUCFACUnvonNSORTM1aDOC swvzvA4rAoNvov q-Nimi saill avow MUM* =XJA#d 0SWON"Ols X t 1 iy-flf o: I Hill Ili] o� *W, 7 17 nqW 31 31 if ff 7 jt hz; Nk Eh hi ZONING DISTRICT MAP 2839, 2903, and 0 Peters Creek Road, N.W. Official Tax Parcels: 6410104, 6410105, 6410106 1= 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 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 x RMF: Res Multifamily ROS: Recreation and Open Space - UF: Urban Flex Conditional Zoning N 0 200 400 Feet E r` —� —F�---I S �r F 6� 1�738 0 70 0 7, 6A7073 3S Who O ER /NG W LN City of Roanoke Adjoining Property Owners for 2839, 2903, 0 Peters Creek Road, N.W. (Official Tax Map No. 6410104, 6410105, and 6410106) TAXID MailAddress MailCity State Zip LocalAddress LocalCity Zip Ownerl 6410102 4464 OLEVA ST NW ROANOKE VA 24017 4464 OLEVA ST NW ROANOKE 24017 MEREDITH DAVID A 6410103 2386 LOCH HAVEN DR NW ROANOKE VA 24019 2945 PETERS CREEK RD NW ROANOKE 24017 BRAMMER ROBERT C 6410103 2386 LOCH HAVEN DR NW ROANOKE VA 24019 2945 PETERS CREEK RD NW ROANOKE 24017 BRAMMER ROBERT C 6410103 12386 LOCH HAVEN DR NW ROANOKE VA 24019 2945 PETERS CREEK RD NW ROANOKE 24017 BRAMMER ROBERT C 6410103 2386 LOCH HAVEN DR NW ROANOKE VA 24019 2945 PETERS CREEK RD NW ROANOKE 24017 BRAMMER ROBERT C 6410104 PO BOX 1451 ROANOKE VA 24007 2839 PETERS CREEK RD NW ROANOKE 24017 CITY OF ROANOKE VIRGINIA 6410104 PO BOX 1451 ROANOKE VA 24007 2839 PETERS CREEK RD NW ROANOKE 24017 CITY OF ROANOKE VIRGINIA 6410105 1215 CHURCH AVE SW ROANOKE VA 24011 2903 PETERS CREEK RD NW ROANOKE 24017 CITY OF ROANOKE VIRGINIA 6410106 PO BOX 1451 ROANOKE VA 24007 0 PETERS CREEK RD NW ROANOKE CITY OF ROANOKE VIRGINIA 6410107 2386 LOCH HAVEN DR NW ROANOKE VA 24019 2733 PETERS CREEK RD NW ROANOKE 24017 BRAMMER BARBARA T 6410110 4807 COVE RD NW ROANOKE VA 24017 4807 COVE RD NW ROANOKE 24017 MELROSE CHRISTIAN CHURCH 6410111 PO BOX 11231 BLACKSBURG VA 24062 0 COVE RD NW ROANOKE GREENWOOD GROUP INC 6410116 PO BOX 20886 ROANOKE VA 24018 0 OLEVA ST NW ROANOKE RFC2017 LAND LLC 6410142 2414 WILLOW WALK DR NW ROANOKE VA 24017 2414 WILLOW WALK DR NW ROANOKE ENGLE KELSEY M 6410143 2418 WILLOW WALK DR NW ROANOKE VA 24017 2418 WILLOW WALK DR NW ROANOKE BAILEY ZENOBIA 6410144 2422 WILLOW WALK DR NW ROANOKE IVA 12401712422 WILLOW WALK DR NW IROANOKE I I BUBACK THOMAS M & KATHLEEN A Roanoke County Adjoining Property Owners for 2839, 2903, and 0 Peters Creek Road, N.W. (Official Tax Map Nos. 6410104, 6410105, and 6410106) Tax Parcel ID Site Address Owner Name Owner Mailing Address 1 Mailing Address 2 Zip 037.13 -04- 03.02 -0000 2910 Peters Creek Rd, Roanoke Va, 24019 MILLER LAND COMPANY INC 916 KENBRIDGE PL SALEM VA 24153 037.17 -01- 02.00 -0000 2836 Peters Creek Rd, Roanoke Va, 24019 HART INVESTMENTS IV LLC 504 HIGH ST SALEM VA 24153 037.13 -04- 04.00 -0000 2900 Peters Creek Rd, Roanoke Va, 24019 SLAKMAN INVESTMENT LLC 2900 PETERS CREEK RD NW ROANOKE VA 24019 037.13 -04- 05.00 -0000 12840 Peters Creek Rd, Roanoke Va, 24019 PPS & L ENTERPRISES LLC 11454 DEACON ST ISALEM VA 1241531 The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDB Attn Tina Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 ROANOKE, VA 24011 Account Number 6011439 Date May 07, 2019 Date Category Description Ad S'ze To:al Cost 05/07/2019 Legal Notices PUBLIC HEARING NOTICE The City of Roanoke Planning Co 1 x 97 L 954.64 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 Th was published in said newspapers on the following dates: 04/30, 05/07/2019 The First insertion being given ... 04/30/2019 Newspaper reference: 0000932507 Billing Representative Sworn to and subscribed before me this Tuesday, May 7, 2019 Notary Public R State of Virginia �r Cl /C ty of Roanoke My Commission expires /,P/��� E ? 7,31,2L_z. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE The City of Roanoke Planning Commission public hearing advertised herein will be held on May 13, 2019, at 1:30 p.m„ or as soon as the matter may be heard, in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider this application. The application is available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. Application by CarMax Auto Superstores to repeal all conditions proffered as part of a previous rezoning and establish new conditions on property located at 2903 and 0 (zero) Peters Creek Road, N.W., bearing Official Tax Map Nos. 6410105 and 6410106, respectively, and to rezone 2839 Peters Creek Road, N.W., bearing Official Tax Map No. 6410104, from CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions. The conditions proposed for repeal, adopted through enactment of Ordinance No. 36747 - 062104, require that the property only be used for general and professional offices, incorporate a series of bioretention areas within the parking areas, install and maintain a 20 foot wide landscaped buffer along the rear property line, require deciduous trees be planted and maintained within and along the perimeter of the parking lots, limit the number of parking spaces, limit the percentage of off - street parking spaces located between the front of the building and Peters Creek Road, require outdoor lighting to consist of fixtures designed and shielded to direct illumination away from the adjoining properties and limit the site lighting levels at adjacent property lines to 0.5 foot candle, and limit the number of curb cuts to one and specify its location. The land use categories permitted in the CLS District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density. The comprehensive plan designates the property for commercial use, but does not specify density. The proposed use of the property is a motor vehicle sales and service establishment, used. Tina M. Carr, Secretary, City Planning Commission Please note that this is a change in location for tha May 2019 Planning Commission public hearing only. City Council will hold a public hearing on the aforesaid application and matter on May 20, 2019, at 7:00 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 553 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk (932507) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE The City of Roanoke Planning Commission public hearing advertised herein will be held on May 13, 2019, at 1:30 p.m., or as soon as the matter may be heard, in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider this application. The application is available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. Application by CarMax Auto Superstores to repeal all conditions proffered as part of a previous rezoning and establish new conditions on property located at 2903 and 0 (zero) Peters Creek Road, N.W., bearing Official Tax Map Nos. 6410105 and 6410106, respectively, and to rezone 2839 Peters Creek Road, N.W., bearing Official Tax Map No. 6410104, from CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions. The conditions proposed for repeal, adopted through enactment of Ordinance No. 36747- 062104, require that the property only be used for general and professional offices, incorporate a series of bioretention areas within the parking areas, install and maintain a 20 foot wide landscaped buffer along the rear property line, require deciduous trees be planted and maintained within and along the perimeter of the parking lots, limit the number of parking spaces, limit the percentage of off - street parking spaces located between the front of the building and Peters Creek Road, require outdoor lighting to consist of fixtures designed and shielded to direct illumination away from the adjoining properties and limit the site lighting levels at adjacent property lines to 0.5 foot candle, and limit the number of curb cuts to one and specify its location. The land use categories permitted in the CLS District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density. The comprehensive plan designates the property for commercial use, but does not specify density. The proposed use of the property is a motor vehicle sales and service establishment, used. Tina M. Carr, Secretary, City Planning Commission Please note that this is a change in location for the May 2019 Planning Commission public hearing only. City Council will hold a public hearing on the aforesaid application and matter on May 20, 2019, at 7:00 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, April 30, 2019, and Tuesday, May 7, 2019. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina.carr@roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 STEPHANIE N9. MOON REYNOLDS, NINIC Cite 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: clerkCroanokeva.goc CECELIA F. MCCOY Depute Cite Clerk May 7, 2019 CECELIA T. WEBB, CNIC Assistant Deputy Cit) Clerk Brad Lauth, Development Manager CenterPoint Integrated Solutions 355 Union Boulevard, Suite 301 Lakewood, Colorado 80228 Dear Mr. Lauth: A public hearing has been advertised to be heard by the City Planning Commission on Monday, May 13, at 1:30 p.m. in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding the request of CarMax Auto Superstores to repeal all conditions proffered as part of a previous rezoning and establish new conditions on property located at 2903 and 0 (zero) Peters Creek Road, N. W., bearing Official Tax Map Nos. 6410105 and 6410106, respectively; and to rezone 2839 Peters Creek Road, N. W., bearing Official Tax Map No. 6410104, from Commercial - General District to Commercial -Large Site District, with conditions. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, May 20 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. roan okeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, May 13. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sinc y, tephanie M. Moon Reyn M City Clerk Enclosure c: Douglass Moyers, CarMax Auto Superstores, 12800 Tuckahoe Creek Parkway, Richmond, Virginia 23238 STEPHANIE NI. MOON REYNOLDS, hIMC Cite Clerk David A. Meredith Robert C. and Barbara T. Melrose Christian Church Greenwood Group, Inc. RFC2017 Land, LLC Kelsey M. Engle 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: clerkCa roanoke-a. -w. May 7, 2019 Zenobia Bailey Brammer Thomas M. and Kathleen A Miller Land Company, Inc. Hart Investments IV, LLC Slakman Investment, LLC PPS & L Enterprises, LLC CECELIA F. MCCOY Depute Cite Clerk CECELIA T. NVEBB, CHIC Assistant Deput' CitY Clerk Buback A public hearing has been advertised to be heard by the City Planning Commission on Monday, May 13 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 the request of CarMax Auto Superstores to repeal all conditions proffered as part of a previous rezoning and establish new conditions on property located at 2903 and 0 (zero) Peters Creek Road, N. W., bearing Official Tax Map Nos. 6410105 and 6410106, respectively; and to rezone 2839 Peters Creek Road, N. W., bearing Official Tax Map No. 6410104, from Commercial - General District to Commercial -Large Site District, with conditions. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, May 20 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 May 13. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sinc , 4644,�. ni. '� ro 4to Stephanie M. Moon Reyn , M City Clerk Enclosure IN COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2019. No. 41453- 052019. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract ") between the City of Roanoke, Virginia ( "City "), and Roanoke Regional Airport Commission ( "Commission "), to sell to Commission approximately 3.02 acres of City -owned property, together with improvements thereon, located at 5550 and 5540 Precision Circle, NW, Roanoke, Virginia, which parcels consist of City -owned property designated as Official Tax Map Nos. 6640123 and 6640124, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on May 20, 2019, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report dated May 20, 2019, to sell to Commission approximately 3.02 acres of City -owned property, together with improvements thereon, located at 5550 and 5540 Precision Circle, N.W, Roanoke, Virginia, which parcels consist of City -owned property designated as Official Tax Map Nos. 6640123 and 6640124, for the purchase price of $380,000, upon certain terms and conditions; upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 2. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary. 3. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2019 Subject: Sale of City -owned Land which Houses the Hertz Maintenance Center and the Former Budget Car Rental Center Background: The City of Roanoke is proposing to sell approximately 3.02 acres of land, together with improvements thereon, consisting of property located at (i) the current Hertz Maintenance Center located at 5550 Precision Circle, N.W., Official Tax Map Number 6640123, and (ii) the former Budget Car Rental site located at 5540 Precision Circle, N.W., Official Tax Map Number 6640124, (collectively, the "Property ") to the Roanoke Regional Airport Commission ( "Buyer "). The Buyer proposes to pay $380,000 for both parcels. Recommended Action: After consideration of comments received at the public hearing and absent comments at the public hearing needing further consideration, adopt the attached ordinance authorizing the City Manager to execute a contract substantially similar to the one attached to this Report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such contract. All documents are subject to the approval as to form by the City Attorney. - - - - - -- - - -- --------------- - -- Robert .Cowell, .J r. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Rob Ledger, Acting Director, Economic Development Amelia C. Merchant, Director of Finance Cassandra L. Turner, Economic Development Specialist Laura M. Carini, Assistant City Attorney CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2019, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation with an address of 364 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 ( "Seller "), and ROANOKE REGIONAL AIRPORT COMMISSION, a body corporate ( "Buyer "). RF.C1T a r ,c- WHEREAS, Seller is desirous of selling certain real property together with any improvements thereon, located at 5550 Precision Circle, N.W., Roanoke, VA and 5540 Precision Circle, N.W., Roanoke, VA, Official Tax Map Nos. 6640123 and 6640124 respectively, an approximate aggregate total acreage of 3.02 acres (collectively, referred to hereafter as the "Property ") to Buyer and Buyer is desirous of acquiring such Property upon the terms and conditions set forth below; and WHEREAS, the Buyer represents to the Seller that the Buyer is desirous of purchasing the Property as set forth in a document entitled "Proposal" (Buyer's Proposal) and dated December 11, 2018, which is incorporated herein by reference. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree the above recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section. Buyer's Proposal or Proposals: Buyer's Proposal dated December 11, 2018, entitled Letter of Intent a copy of which is made a part hereof and marked as Exhibit 1. Closing: The consummation of this Contract by Seller's delivery to the Buyer of a Special Warranty Deed to the Property. Closing Date: The date provided for in Section 11 hereof for the Closing. Davis: Unless otherwise stated, this term means consecutive calendar days. Effective Date: The date listed in the first paragraph of this Contract. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Property: The property, together with any improvements thereon, located at 5550 Precision Circle, N.W., Roanoke, VA and 5540 Precision Circle, N.W., Roanoke, VA, Official Tax Map 1 Nos. 6640123 and 6640124, respectively, an approximate aggregate total acreage of 3.02 acres, the properties being described on the attached Exhibit 2. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ( "Purchase Price ") shall be $150,000 for Official Tax Map 6640124 and $230,000 for Official Tax Map 6640123, for a total Purchase Price of $380,000, payable in cash or certified check from Buyer to Seller at Closing. SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT. A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, the Seller, as of the Closing, shall have complied with the Seller's representations and warranties in Section 10 of this Contract, and the fulfillment to the Buyer's reasonable satisfaction of the Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 4. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, the Buyer, as of the Closing, shall have complied with the Buyer's obligations, representations, and warranties in this Contract. B. Buyer and /or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event Closing has not occurred through no fault of the Seller on or before the Closing Date, the Seller, at its sole election, by written notice given to the Buyer, may terminate this Contract. Seller, at its sole option, may also by written notice to Buyer give Buyer an additional amount of time from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of the Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Buyer shall have 120 Days after the date of this Contract as a Feasibility Period (Feasibility Period) during which Buyer shall have the right to enter the Property to investigate all aspects of the Property to make such marketing, financial, surveying, architectural, engineering, topographical, geological, soil, subsurface, environmental, water drainage, and traffic studies and any other audits, investigations, inspection, 2 evaluations, studies, tests, borings, and measurements as Buyer deems necessary or advisable to determine whether there exist any issues with that would prevent Buyer's intended use of the Property. Should Buyer determine during such Feasibility Period that the Property cannot be used by the Buyer due to any of the problems outlined above in this section, Buyer shall notify the Seller in writing as soon as possible, but in no event not later than five (5) Days after the end of such Feasibility Period, of Buyer's decision to terminate the Contract for such reason. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. E. In connection with the Buyer's ability to conduct its Feasibility review mentioned above, the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Feasibility Period, upon one (1) working day prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or testings as may be necessary to complete a Phase I and Phase 11 Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property upon the following terms and conditions: (i) If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 3, the Seller may immediately revoke this right of entry. (ii) Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section 3. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 3 to a condition equal to that existing immediately prior to entry on the Property and to restore any part of the Property that Seller determines was substantially damaged by Buyer's actions. (iii) Buyer agrees that Buyer shall require each contractor, subcontractor, and independent contractor that enters to perform work on the Property (collectively, the "Contractors ") to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Contractors including, but not limited to, Contractors' use of the Property in violation of any provision of this Contract or the exercise of any right or privilege granted by or under this Section 3. Any Contractor may fulfill its indemnity obligation to the City hereunder by presenting a Certificate of Insurance satisfactory to the City in all respects in the sole discretion of the City, indicating that (1) the insurance coverages required by this Contract are in place, and (2) that the City is covered as an additional insured under such coverages. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, 3 subcontractors, licensees, designees, representatives and consultants, on account thereof, Seller shall provide Buyer with notice of such suit or proceeding and Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, in any such suit or proceeding in which Seller has provided notice to Buyer, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. (iv) Buyer shall, at its sole expense, obtain and maintain, and have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 3. The following policies and coverages are required: (a) 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 acts or omissions of Buyer, its, contractors, employees, agents, and representatives. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (c) Workers' Compensation. Workers' Compensation insurance covering the statutory obligations of the Buyer, and its contractors and representatives 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 3. 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 Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (d) 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 3 and shall be written on an occurrence basis. (v) 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 11 amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. (vi) All insurance shall also meet the following requirements: (a) Buyer shall furnish the Seller a certificate of insurance and any applicable endorsements showing the type, amount, effective dates and date of expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self - insurance the Seller may have. (b) The Buyer shall immediately notify the City in writing if any of the insurance policies or coverages required, including those of subcontractors and representatives, are canceled or materially altered, and shall immediately replace such insurance and provide documentation of such to the City. (c) The required insurance policies and coverages, except as to Workers' Compensation and Employer's liability, shall name the City, its officers, employees, agents, volunteers and representatives as additional insureds, and an endorsement from the insurer to this effect shall be received by the Risk Management Officer of the City within thirty (30) days of the date of this Contract. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section 3, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the Seller, which approval shall not be withheld unreasonably. Any insurance company providing coverage under Section 3 shall be authorized to do business in the Commonwealth of Virginia. Buyer shall provide Seller'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. F. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, 5 and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 3, shall obtain, at their cost, any and all required permits and /or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Seller agrees that it will do the following: (i) Seller agrees to sell to Buyer the Property. (ii) Seller will deliver to the Buyer a special warranty deed at Closing in accordance with the terms of this Contract. B. Buyer agrees and promises that it will do and /or has done the following: (i) Buyer shall purchase the Property from the Seller AS IS subject to all easements, restrictions, and covenants of record, for the total combined Purchase Price of Three Hundred Eighty Thousand and no /100 Dollars ($380,000.00) and will make payment in accordance with the terms of this Contract (ii) Buyer acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. (iii) Buyer agrees that Buyer is taking the Property in an AS IS condition without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property and that the Buyer shall comply with all environmental and other laws. (iv) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and /or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payments shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. (v) Buyer acknowledges and agrees that Buyer shall continue to store the former Victory Stadium ticket booths on the Property, undisturbed, until such time the Buyer plans to initiate construction activity on the Property and the Buyer shall provide Seller a 90 -day notice of removal and permission to access the Property and ticket booths, such obligation to survive Closing. (vi) Buyer acknowledges and agrees that Buyer shall continue to store the bridge for Washington Park on the Property, undisturbed, until such time the Seller plans to install the bridge at Washington Park and the Seller shall provide Buyer a 2 -day notice of removal and request for permission to access the Property and bridge, such obligation to survive Closing. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of the Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to require each contractor and subcontractor that performs work at the Property to indemnify and hold harmless the Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. Any Contractor may fulfill its indemnity obligation to the City hereunder by presenting a Certificate of Insurance satisfactory to the City in all respects in the sole discretion of the City, indicating 1) the insurance coverages required by Contract are in place, and (2) that the City is covered as an additional insured under such coverages. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. At the time of Closing, Buyer promises and agrees to grant and dedicate to the Seller and /or the Western Virginia Water Authority all reasonably necessary easements on Buyer's Property for the construction, operation, maintenance, and repair of infrastructure improvements needed for or benefiting the Property or surrounding areas, including, but not limited to, storm drainage, sanitary sewers, and /or water, all at no cost to the Seller and /or the Western Virginia Water Authority. Any such easement shall not materially and adversely interfere with Buyer's proposed 7 development, and if applicable, must be approved by Buyer's engineers and surveyors. Notwithstanding the foregoing, Buyer accepts the Property in its AS IS condition, including all existing storm drains, sanitary sewers, and /or water lines and all utility easements (the "Existing Rights and Easements "). Buyer shall be solely responsible for all costs associated with any relocation of Existing Rights and Easements which may be required to accommodate the Buyer's proposed development. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record and any matters disclosed by the survey to be completed by Buyer. B. The Seller further represents and warrants with respect to the Property that: (i) Title. Seller has title to the Property subject to any restrictions, covenants, and easements of record and any matters which a survey would disclose. Seller is the sole owner of the Property. (ii) Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. (ii) Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. (iii) Leases. A portion of the Property identified as 5550 Precision Circle, N.W., Roanoke, VA, Official Tax Map Nos. 6640123, is leased to The Hertz Corporation ( "Tenant "). The term of the Lease runs through December 31, 2019, and is renewable for two additional one -year terms though December , 2021. The Buyer intends to assume the Lease at Closing. A copy of the Lease dated October 1, 2017, is made a part hereof and marked as Exhibit 3. There are no other leases of or affecting the Property. (iv) Access. Ingress to and egress from the Property is available and provided by Precision Circle, N.W. and Municipal Road, N.W. SECTION 11. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty Deed in an AS IS condition (the "Deed ") subject to the following: (i) Ad valorem real property taxes for the current year, not yet due and payable, stormwater utility fees, for the current year, not yet due and payable, and solid waste fees, for the current year, not yet due and payable; (ii) Those matters of title to which Buyer has not objected to in writing; (iii) Those matters reflected on the Survey to which Buyer has not objected to in writing; (iv) Easements and other restrictions of record as of the date of execution of this Contract by Seller; (v) Liens and objections shown on the Title Commitment; (vi) Other customary and usual exceptions not adversely affecting title; and (vii) Those items and matters set forth in this Contract and that the obligations and undertakings of the Buyer in this Contract shall survive Closing and be incorporated into the Deed. (viii) The Lease described in Section 10.13.3. B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction within thirty (30) Days after completion of the Feasibility Period set forth in Section 3 of this Contract. The Buyer shall designate the specific Closing date in writing to Seller at least ten (10) business days in advance thereof (the "Closing Date "). However, such Closing shall occur no later than unless the City grants further extension periods. D. The purchase and sale of the Property shall be closed (the "Closing ") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. (i) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: (a) Its duly executed and acknowledged Special Warranty Deed conveying to Buyer the Property in accordance with the provisions of this Contract; (b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C (c) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; (d) A duly executed counterpart of a Closing Statement; and (e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes (if any), stormwater utility fees, and solid waste fees shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for ,issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. I. At Closing, Buyer shall deliver the Purchase Price to the Seller. SECTION 12. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) Days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall deemed terminated and of no further force and effect. If no such election is made by the Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 13. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents, 10 contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) Days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to the Buyer for any failure to deliver the Property to Buyer. SECTION 14. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Both parties agree to be responsible for any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation asserted against such party by any person or entity based upon such contacts or understandings. SECTION 15. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, Virginia ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Phone No. 540- 853 -2333 With a Copy to: Assistant City Manager for Community Development City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Phone No. 540- 853 -2333 If to Buyer: Tim Bradshaw, A.A.E., Executive Director Roanoke Regional Airport Commission 5202 Aviation Drive Roanoke, VA 23012 -1148 Fax No. (540)563 -4838 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. 11 SECTION 16. TIME. Time is of the essence in the parties' respective obligations under this Contract. SECTION 17. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 18. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart. SECTION 19. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 20. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 21. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 22. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 23. NONWAIVER. 12 Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the nondefaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 24. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City does not discriminate against faith -based organizations. SECTION 25. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer - supplied documents and /or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 26. NONDISCRIMINATION. During the performance of this Contract, Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 27. DRUG-FREE WORKPLACE. During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, 13 distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 28. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 29. APPROPRIATION OF FUNDS. All obligations or fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract, Seller shall provide Buyer with written notice of such unavailability of funding. SECTION 30. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. 14 For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. SECTION 31. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. (SIGNATURE PAGE TO FOLLOW) 15 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA By Robert S. Cowell, Jr., City Manager The foregoing instrument was acknowledged before me this day of , 2019, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia for and on behalf of said Municipal Corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: ROANOKE REGIONAL AIRPORT COMMISSION By Tim Bradshaw, Executive Director Printed Name COMMONWEALTH OF VIRGINIA CITY /COUNTY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2019, by Tim Bradshaw, Executive Director, Roanoke Regional Airport Commission, a body corporate, for and on behalf of such entity. My commission expires: Notary Public SEAL 16 Approved as to Form: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 17 EXHIBIT 1 Buyer Letter of Intent dated December 11, 2018 M EXHIBIT 2 Property Description Roanoke Official Tax Map No. 6640123 and 6640124 BEGINNING at an iron pipe on the southerly line of the Airport Road, corner to tract No. 1; thence with the westerly line of Tract No. 1, S. 11 deg. 52' E. 1281.96 feet to an iron pipe, corner to the J.B. Andrews line; thence with the Andrews fence line N. 87 deg. 19' W. 500.25 feet to an iron pipe corner to tract No. 3; thence with the easterly line of Tract No. 3 N. 7 deg. 46' W. 1258.99 feet to an iron pipe, a corner on the Airport Road; thence with the southerly line of the Airport Road S. 87 deg. 43' E. 406.65 feet to the point of BEGINNING; containing 12.93 acres, begin Tract No. 2 of the Partition of the Maggie Patrick Dower Lands as shown on the map made by C.B. Malcolm, State Certified Engineer, dated September 30, 1940, and having been assigned to said Aurelia P. Burchette, Eula P. Spence and Kathleen P. Feagan by a decree of the Circuit Court of Roanoke County in the suit of Nannie E. Patrick et al v. Rush Patrick et al, entered on December 31, 1941, and of record in the Clerk's Office of said court in Deed Book 294, page 64. BEING the same property conveyed to the City of Roanoke, Virginia, from Aurelia P. Burchette and D. L. Burchette, her husband, Eula A. Spence, widow, and Kathleen P. Feagan and A. C. Feagan, her husband, by Deed dated June 2, 1947 recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Deed Book 361 at Page 166. SUBJECT TO that Lease Agreement, as amended, between the City of Roanoke, Virginia and The Hertz Corporation dated October 1, 2017 for 5550 Precision Circle, N.W., Roanoke, VA. The term of this Lease commenced on October 1, 2017, and ends on December 31, 2019, with optional additional one -year renewals through December 31, 2021. 19 EXHIBIT 3 Lease with The Hertz Corporation dated October 1, 2017 20 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR Attn R. BRIAN TOWNSEND, ASSISTANT CITY MANAGER 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE, VA 24011 Account Number 6017304 Date May 17, 2019 Date Category Description Ad Size Total Cost 05/19/2019 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirement: 1 x 59 L 339.04 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Publisher of the NOTICE OF PUBLIC HEARING Roanoke Times Pursuant to the requirements of Sections 15.2 - 1800.6 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council I, (the undersigned) an authorized representative of the of the City of Roanoke will hold a public hearing on May at p.m., thereafter the Roanoke Times a daily newspaper published in Roanoke in the or as soon a as a matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C- Taylor r f State of Virginia, do certify that the annexed notice NOTICE OF Municipal Building, 215 Church Avenue, Roanoke, Virginia 24011, to PUBLIC HEARING was published in said newspapers on the receive recei ve public comments on the proposed sale of approximately 3.02 acres of land, together with following dates: improvements thereon, located at 5550 Precision Circle, N. W., Official Tax Map No. 6640123, and 5540 Precision Circle, N.W., Official Tax Map No. 6640124 to the Roanoke Regional Airport commission for the sum of $380,000.00, 05/13/2019 and other consideration as set forth in the proposed Contract for Purchase and Sale of Real Estate. A copy of the proposed Contract for Purchase and Sale of Real Estate and proposed ordinance will be available at the City Clerk's Office, Room 456. Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia The First insertion being given ... 05/13/2019 24011, on and after May 13, 2019. For further information on the matter, you may contact the Office of the City Clerk at (540) 853 -2541. Newspaper reference: 0000939641 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, May 16, 2019. Given under my hand this 13th day Billing Representative of May 2019. Stephanie M_ Moon Reynolds. MMC City Clerk Sworn to and subscribed before me this Friday, May 17, 2019 (93964e ) otary Public ttlmbailr 8. Harris NOTARY PUBLIC State of Virginia ComMMweaith of Virginia City /County of Roanoke Notary Regiatiation Number 356753 ommission Expires January 31, 2021 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 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 May 20, 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 of approximately 3.02 acres of land, together with improvements thereon, located at 5550 Precision Circle, N. W., Official Tax Map No. 6640123, and 5540 Precision Circle, N.W., Official Tax Map No. 6640124 to the Roanoke Regional Airport Commission for the sum of $380,000.00, and other consideration as set forth in the proposed Contract for Purchase and Sale of Real Estate. A copy of the proposed Contract for Purchase and Sale of Real Estate and proposed 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 May 13, 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, May 16, 2019. Given under my hand this 13th day of May, 2019. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish once in the Roanoke Times, Legal Notices, on Monday, May 13, 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 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 [EXTERNAL] Response to city counsel session May 20 m -- Polly Branch clerk @roanokeva.gov 05/21/2019 05:04 PM Polly Branch <pollyacorn @gmail.com> "clerk @roanokeva.gov" < clerk @roanokeva.gov> Dear clerk of Roanoke, I support citizens who are the unpaid witnesses and counselors for the city's law enforcement, and council decision makers. Such counsel when unheeded, is neglecting the wisdom, maturity and progress every community seeks. Council has repeated asked citizens to get involved to raise the level of dignity, health, prosperity and growth. We are here, and many do sacrifice their unpaid time to try and participate. Root causes to violence and disputes are key indeed. Personal Biases, Racism, lack of self control and basic respectful communication skills are all our human ills we seek to remedy. Sure, we want all citizens to be well educated, and to be trained in deescalation, emotional maturity and nonviolent thought and behavior. Those classes are definitely needed for all kids. But we must insist on such maturity and education for all our paid adult civil servants. Leaders must be the examples of the most intelligent problem solvers. Our leaders are supposed to reflect that responsibility, mature practice, and love Michelle Diekstra spoke about. Leaders must not perpetuate problems by getting it backwards and blaming victims. We all must re- educate ourselves. Some people who have been marginalized and victimized for generations may have some modern music or tendencies for survival that frighten or confuse you. That's ok. Learn about it. It's only a part of the whole. Meet someone you see as "different" or someone you judge as wrong . Build relationships. It takes great maturity and great courage to lead with compassion, dignity and fairness. History shows that it is easy to get it backwards; and to think that law enforcement can only teach through retributive punishment, disrespectful comments, violent reactions or unapologetic silence. Citizens have always had to stand up to remind some of the forgetful civil servants and leaders throughout time how to rethink their responsibility and be retrained to be the best human example. It's our civic duty to be witness and counsel. There have been great examples of civil servants and leaders in cities throughout history. This is good to talk about. Let's all keep learning together. For more reasons than the one example Katherine K. gave about the Police Chief's comments and attitude about women, he should be replaced with a better educated person. There have been many examples of his lack of leadership for training his officers properly. The examples of healthy problem solving and the nature reactions to community distress and conflict start at the top of the chain of authority and are reflects down to their employees and then eventually to the people as well. Thank you for reading my reflections.