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HomeMy WebLinkAboutCouncil Actions 10-19-20ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 19, 2020 2:00 P.M. CITY COUNCIL CHAMBER AGENDA BESTPITCH 41895 - 101920 The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge 1. Call to Order - -Roll Call. All Present (Vice -Mayor Cobb participated by electronic means). The Invocation was delivered by Council Member Anita J. Price. 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- Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 22 at 7:00 p.m., and Saturday, October 24 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. 1 ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Building and Fire Code Board of Appeals — one vacancy (Builder) City of Roanoke Finance Board — one vacancy Equity and Empowerment Advisory Board - seven vacancies Human Services Advisory Board — one vacancy Mill Mountain Advisory Board — two vacancies Roanoke Neighborhood Advocates — two vacancies Towing Advisory Board - one vacancy Youth Services Citizen Board - two vacancies (Student) 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: Q C -1 City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council regarding bicycle accessibility on Avenham Avenue, S. W.; and provided recommendations regarding equity and equality within City boards and commissions. CONSENT AGENDA: (APPROVED 6 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. Minutes of the regular meeting of City Council held on Monday, October 5, 2020. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. E C -2 A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss the 2020 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the selection of a candidate to fill the unexpired term of office of Djuna Osborne as a Member of Roanoke City Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigation posture of the City, pursuant to Section 2.2 -3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -5 A communication from the City Manager requesting that Council convene in a Closed Meeting for discussion and consideration of the acquisition of real property for public purposes, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -6 A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, November 16, 2020, 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 shall determine, in his discretion, to enter into a Parking Agreement for unreserved parking permits for the Center in the Square Garage located at 11 Campbell Avenue, S. E. RECOMMENDED ACTION: Concurred in the request. REGULAR AGENDA: 5. PUBLIC HEARINGS: a. Receive views of citizens regarding the applicants interviewed on Monday, October 5, to fill the unexpired term of office of Djuna L. Osborne as a Member of Roanoke City Council. The candidates are Dr. John R. Clements, Elizabeth Doughty, Alvin L. Nash, Luke W. Priddy and Vivian Sanchez - Jones. No action taken. 3 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Execution of a Local Match Agreement and Performance Agreement among the City of Roanoke, Economic Development Authority and ASGN Incorporated in connection with expansion of its workforce. Adopted Ordinance No. 41895 - 101920 and Ordinance No. 41896- 101920. (6 -0) 2. Repeal Budget Ordinance No. 41853 - 090820 appropriating funds in connection with the FY 20 Coronavirus Aid, Relief, and Economic Security Act — Coronavirus Relief Fund for the Board of Elections. Adopted Budget Ordinance No. 41897 - 101920. (6 -0) COMMENTS OF THE CITY MANAGER. NONE. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41898 - 101920. (6 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 12 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Price announced that High Street Baptist Church is offering free rides to the General Election voting precincts now through Tuesday, November 3, 2020; contact the church office at 540 - 563 -0123 for additional information. Council Member Bestpitch announced the month of November was "Movember" an annual event to raise awareness of men's health issues; encouraged all men to get annual check -ups and to grow moustaches or beards in the month of November to support "Movember "; and brought attention to the wording on a plaque on the north entrance to the Municipal Building from Campbell Avenue that refers to a fort erected in 1756 "to guard the frontier from hostile Indians" and "the massacre of pioneer settlers in the Roanoke Valley by Delaware and Mingo Indians" in 1764 and offered to work with a history professor at Roanoke College in Colonial and Early American history to develop an interpretive sign that could be displayed next to the plaque. Council Member White -Boyd reminded the public that Valley Metro would be providing free rides to the election polls on Election Day, Tuesday, November 3, 2020. Council Member Davis advised that 24 percent of City of Roanoke citizens have elected to vote early in person or dropped off their completed absentee ballots and thanked residents for their support of the very important election. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Hannah Oakes to replace Troy Gusler as a member of the Gun Violence Task Force. (6 -0) 12. RECESSED - 3:28 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING; AND THEREAFTER TO RECONVENE AT 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 5 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 19, 2020 7:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA Call to Order - -Roll Call. All Present (Vice -Mayor Cobb participated by electronic means). The Invocation was delivered by The Reverend Kevin McNeil, Pastor, Bethany Christian 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. CERTIFICATION OF CLOSED MEETING. (6 -0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 22 at 7:00 p.m., and Saturday, October 24 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Request of Elizabeth C. Barbour, Esquire to vacate, discontinue and close an alleyway between two residential properties located at 708 and 712 Arbutus Avenue, S. E. Elizabeth C. Barbour, Esquire, Owner, Spokesperson. Adopted Ordinance No. 41899 - 101920. (6 -0) 2. Request of ABRE Holdings, Inc., to rezone property located 3402 and 3410 Avenham Avenue, S. W., and 562 Dillard Road, S. W., from R -12, Residential Single Family to MXPUD, Mixed Use Planned Unit Development District. Ben Crew, Agent, Balzer and Associates, Inc., Spokesperson. Adopted Ordinance No. 41900 - 101920. (6 -0) 3. Proposal of the City of Roanoke to consider the adoption of a Commercial Property Assessed Clean Energy (C -PACE) Program to provide C -PACE loans for the initial acquisition and installation of eligible clean energy, resiliency, and /or stormwater management improvements with willing owners of qualifying properties, which may include renovations to existing properties or new construction. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41901 - 101920. (6 -0) B. OTHER BUSINESS: 1. A resolution appointing an interim City Council Member to fill the Council vacancy created by the resignation of Djuna L. Osborne for a term commencing upon qualification and expiring December 31, 2022. Adopted Resolution No. 41902 - 101920. (6 -0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Aaron Stevenson, 1022 Alison Lane, Vinton, appeared before the Council regarding failure of transparency of the Roanoke City Police Department. Ian Bongard, 7881 Bradshaw Road, Salem, appeared before the Council regarding how the City had mismanaged mountain biking trails and how to work together to benefit all. D. ADJOURNED - 7:36 P.M. 7 SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853 -2444 FAX: (540) 853 -1145 EMAIL: MAYOR ((�)ROANOKEVA.GOV October 19, 2020 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2020 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, r. 4� C.,-., ?. 4 :�� . Sherman P. Lea, Sr. Mayor SPL:ctw Og RO,� vlRarr�� SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., SUITE 452 ROANOKE, VIRGINIA 24011 -1594 TELEPHONE: (540) 853 -2444 FAX: (540) 853 -1145 EMAIL: MAYORa�ROANOKEVA.GOV October 19, 2020 The Honorable Vice -Mayor Joseph L. Cobb and Members of the Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Cobb and Members of Council: This is to request a Closed Meeting to discuss the selection of a candidate to fill the unexpired term of office of Djuna L. Osborne, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. Sincerely, Sherman P. Lea, Sr. Mayor SPL:ctw CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 Timothy R. Spencer TELEPHONE 540- 853 -2431 City Attorney FAX 540 - 853 -1221 EMAIL: cityatty@roanokeva.gov The Honorable Mayor and Members of City Council Roanoke, Virginia October 19, 2020 Re: Request for closed meeting Dear Mayor Lea and Council Members: David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys This is to request that City Council convene a closed meeting pursuant to Sec. 2.2 -371 LA.7, Code of Virginia, to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. With kindest personal regards, I am Sincerely yours, Ti t R. Spencer ity Attorney LSC /l c: Robert S. Cowell, Jr., City Manager Cecelia F. McCoy, City Clerk CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 19, 2020 Subject: Request for Closed Meeting This is to request that City Council convene in a Closed Meeting to discuss the acquisition of real property by the City for public purposes, where discussions in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (19S0), as amended. --- - - - - -- Fowel�l.,Jir. - - - - - -- Robert S. City Mana ger Distribution: Council Appointed Officers CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 19, 2020 Subject: Request to Schedule a Public hearing for Parking Agreement for Unreserved Parking Permits for the Center in the Square Garage located at 1 1 Campbell Avenue, S.E. Background: The City of Roanoke is proposing to provide a Parking Agreement for 45 unreserved parking permits within the Center in the Square Garage, a City -owned parking facility located at 11 Campbell Avenue, S.E. in connection with development of a hotel. The term for this Agreement would be for a period of twenty (20) years with the right to extend the terms of the Agreement for up to four (4) additional five (5) year periods. City Council approved a similar version of this agreement on February 18, 2020 with JS Project, L.L.C. (Developer), a Virginia Limited Liability Company, related to Developer's purchase of the former Liberty Trust Building located at 101 South Jefferson Street, Roanoke, Virginia 24011. Developer intends to develop a boutique hotel (Hotel) with up to 53 rooms. Since that time, the COVID -19 pandemic has caused unanticipated delays to the Developer's construction schedule which will cause Developer to miss the originally anticipated completion date of December 2020. Developer now anticipates the project will be completed during the third quarter of calendar year 2021. Because this date is beyond the scope of the previous agreement, the City is legally required to conduct a new bidding process and hold a new public hearing to approve this Agreement. Therefore, pursuant to Sections 15.2 -2100 and 15.2 -2101, Code of Virginia (1950), as amended, the City is required to give public notice, conduct a public hearing, and adopt an ordinance by City Council. Subject to City Council's concurrence with this request, a copy of the proposed agreement and related bid forms will be placed with the City Clerk for public information and review on or before November 2, 2020. The required legal advertisements will be placed in the Roanoke Times on November 2, 2020 and November 9, 2020. The deadline for submittal of bids to the City Clerk from interested parties will be Friday November 13, 2020 at 12:00 Noon. Bids received will be opened at the City Council meeting on Monday, November 16, 2020 during the 2:00 PM session, and referred to the City Manager for review and recommendation. The public hearing on the bids will be held on November 16, 2020 during the City Council's 7:00 PM session. Recommended Action: Authorize the scheduling and advertising for bids on this matter and for opening of bids and a public hearing on November 16, 2020, or as soon thereafter as the matter may be reached, or such other date and time as deemed appropriate by the City Manager. 2 - -- ----------------- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Robert Ledger, Director, Economic Development Marc B. Nelson, Manager, Economic Development 2 CITY OF ROANOKE - CLERKS OFFICE Atln Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE, VA 24011 Dale Category 1 011 81202 0 Any -Wgria ROA The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number_' 6007932 Date October 19, 2020 Desrriplinn Ad Size Total Cost NOTICE Or VACANCY 2 x 0 00 IN 7w8 6? Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF VACANCY was published in said newspapers on the following dates: 10109/2020 The First insertion being given ... 10109/2020 Newspaper reference: 0001142728 Billing Representative Sworn to and subscribed before me this Monday, October 19, 2020 Notary 191aMD R Carsten State of Virginia NOTARY PUBLIC „ , County of Hanover •r; I Ir,1, ,R, �. 4y My Commission expires' 1 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF VACANCY ROANOKE CITY COUNCIL AND NOTICE OF PUBLIC HEARING The Council of the City of Roanoke has obtained applicants for a vacancy on Council, the term of office which will run through December 31, 2022. Council will fill the vacancy by appointment On October 5, 2020, City Council conducted public interviews of those applicants selected for interviews. On October 19, 2020, at 2:00 p.m., or as soon thereafter as the matter may be reached, Council will hold a public hearing to hear the views of citizens on the applicants who were interviewed. The public hearing will be held in the City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. City Council will announce Its appointment during the 7:00 p.m. session of City Council on Monday, October 19, 2020. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at 853.2541, by 12:00 p.m., Noon, on October 16, 2020. GIVEN under my hand this 8th day of October, 2020. Cecelia F. McCoy, City Clerk �> NOTICE OF VACANCY ROANOKE CITY COUNCIL AND NOTICE OF PUBLIC HEARING On October 5, 2020, City Council conducted public interviews of applicants selected to fill the unexpired term of office of Djuna Osborne ending December 31, 2022. The candidates are: John Randolph Clements, Elizabeth Doughty, Alvin L. Nash, Luke W. Priddy and Vivian Sanchez - Jones. On October 19, 2020, at 2:00 p.m., or as soon thereafter as the matter may be reached, Council will hold a public hearing to hear the views of citizens on the applicants who were interviewed. The public hearing will be held in the City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 11:00 a.m., on October 19, 2020. City Council will announce its appointment during the 7:00 p.m. session of City Council on Monday, October 19, 2020. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at 853 -2541, by 12:00 p.m., Noon, on October 16, 2020. GIVEN under my hand this 9th day of October, 2020. Cecelia F. McCoy, City Clerk. NOTE TO PUBLISHER: Publish in full once in The Roanoke Tribune on Thursday, October 15, 2020, and once in the Virginia Section of The Roanoke Times on Friday, October 9, 2020. Send publisher's affidavit and bill to: Cecelia F. McCoy, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 -1536 �w5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41895 - 101920. AN ORDINANCE authorizing the proper City officials to execute a Local Match Agreement supporting a Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, Virginia ( "City "), the Economic Development Authority of the City of Roanoke, Virginia ( "EDA "), Virginia Economic Development Partnership Authority ( "VEDP "), and ASGN Incorporated ( "ASGN "), that provides for a grant in the amount not to exceed $150,000 subject to certain undertakings and obligations by ASGN in connection with the creation of new jobs at ASGN's office located at 501 South Jefferson Street, Roanoke, Virginia ; authorizing the City Manager to commit the City's portion of the Local Grant, defined below, with the requirement that ASGN achieve certain performance targets as described in the Local Match Agreement and to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Local Match Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City proposes to enter into a Local Match Agreement in the amount of $150,000 to support the Commonwealth's Development Opportunity Fund ( "COF Grant ") with Henrico County through the Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing ASGN to maintain its existing 119 positions, and to create an additional 74 net new positions by December 31, 2023, at its Roanoke office as set forth in the City Council Agenda Report dated October 19, 2020; and WHEREAS, the Local Match Agreement requires the City to provide Local Incentives to ASGN Incorporated in an amount of $150,000 ( "Local Grant "), all as more particularly set forth in the Agenda Report; 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Local Match Agreement among the City, the EDA, VEDP and ASGN as set forth in the attachment to the Agenda Report, which provides for certain undertakings and obligations by ASGN, as well as certain undertakings by the City, the EDA, and VEDP. City Council further finds that the economic development grant provided for by the Local Match Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to commit the City's portion of the Local Grant and execute the Local Match Agreement among the City, the EDA, VEDP and ASGN, upon certain terms and conditions as set forth in the Agenda Report. The Local Match Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Local Match Agreement will be considered by the EDA on October 21, 2020. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Local Match Agreement, including, without limitation, delivering the Local Grant to ASGN in accordance with the Local Match Agreement. Such other documents shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 2 (: ) �k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41896 - 101920. AN ORDINANCE authorizing the proper City officials to execute an Economic Development Job Grant Performance Agreement ( "Performance Agreement ") among the City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of Roanoke, Virginia (the "EDA "), and ASGN Incorporated ( "ASGN "), that provides for a grant in the amount of $150,000 subject to certain undertakings and obligations by the parties in connection with the creation of new jobs at ASGN's office located at 501 South Jefferson Street, Roanoke, Virginia; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has agreed to support, along with the City of Virginia Beach and Henrico County, a Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing ASGN to relocate its headquarters to Henrico County and create and Maintain New Jobs in its current facilities located in Virginia Beach and the City, as well as other locations in the Commonwealth, as set forth in the City Council Agenda Report dated October 19, 2020; WHEREAS, the City and the EDA have determined to make a combined grant in the amount of $150,000 (the "Local Grant ") as support to the COF Grant and inducement for ASGN to expand its operations in the City, and thereby creating and Maintaining a significant number of New Jobs, as defined in the Performance Agreement; WHEREAS, the City is willing to provide the support to the COF Grant by providing one -half of the Local Grant to the EDA with the expectation that the EDA will match the City's Ordinance Authorizing FDA Performance Agreement draft 10.15.20.doc I one -half of the Local Grant and distribute to ASGN, provided that ASGN promises to meet certain criteria relating to the creation and Maintenance of New Jobs; WHEREAS, ASGN agrees to create and Maintain 74 New Jobs at an office facility in the City of Roanoke, Virginia ( "Facility "); and provide an average annual wage, excluding benefits, of at least $103,894; WHEREAS, City staff has advised Council that the creation and Maintenance of New Jobs will benefit economic development within the City and the Roanoke Region, and the creation and Maintenance of New Jobs will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage ASGN to create and Maintain New Jobs in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: City Council hereby approves the terms of the Economic Development Job Grant Performance Agreement among the City, the EDA, and ASGN (the "Performance Agreement "), as set forth in the attachment to the Agenda Report, which provides for certain undertakings and obligations by ASGN, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute the Performance Agreement, upon certain terms and conditions as set forth in the Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda Ordinance Authorizing EDA Performance Agreement draft 10.15.20.doc 2 Report and in a form approved by the City Attorney. The Performance Agreement will also be subject to the approval of the EDA. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement. Such other documents shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. Ordinance Authorizing EDA Performance Agreement draft 10.15.20.doc 3 C~ CITY COUNCIL AGENDA REPORT N4W To: Honorable Mayor and Members of City Council Meeting: October 1911, 2020 Subject: City of Roanoke's Performance Agreement among the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia, and ASGN Incorporated for the expansion of workforce at its office located at 510 South Jefferson Street, Roanoke, Virginia Background: The City of Roanoke, Virginia (City) and the Economic Development Authority of the City of Roanoke (Authority) have agreed to work with the Virginia Economic Development Partnership (VEDP) and other localities in Virginia (Henrico County and the City of Virginia Beach) in providing Local Grants in conjunction with a Commonwealth's Opportunity Fund Grant requested by Henrico County to attract the headquarters of a California -based professional technology services company to Henrico County and to expand the Company's current employment in offices located in the City and City of Virginia Beach (Virginia Beach), through a Local Match Agreement among the City of Roanoke, Authority, VEDP and ASGN Incorporated (Company) (Local Match Agreement), and to enter into a Performance Agreement (Agreement) with the Company to provide a combined City and Authority Local Grant total contribution not to exceed $150,000. ASGN Incorporated is a Fortune 1000 Company and is well - established in the professional technology services field. The Company operates in the City as Apex Systems. Considerations: Under the terms of the Agreement, the Company agrees to maintain its existing 119 positions within the City, and to create an additional 74 net new positions, by December 31, 2023. Such new positions will pay an average annual salary of more than $103,894. The Company has also agreed to make capital improvements of approximately $900,000 to their current facility, located at 501 South Jefferson Street. Local Grant funds will be disbursed by the Authority at the completion of a three year hiring ramp up period and after providing evidence to the City of Roanoke, the Authority, and VEDP that it has (1) created and maintained 74 new positions as of the execution of the agreement, and (2) that these new positions pay an annual salary of at least $103,894. Within 30 days of such verification, the City will disburse $75,000 in Local Grant proceeds to the Authority. The Authority has 30 days upon receipt of such proceeds to disburse a combined total of $150,000 ($75,000 from the City and an additional $75,000 matched by the Authority) to the Company. Should the Company fail to create and maintain a total of 74 new positions or the annual salary for such positions falls below $103,894 such grant proceeds will be reduced accordingly in direct proportion. Recommended Action: Adopt the attached ordinance authorizing the City Manager to execute the Local Match Agreement and the Performance Agreement attached to this Agenda Report, and execute such other documents and to take such further actions as may be necessary to implement, administer and enforce the Local Match Agreement and Performance Agreeme ments are subject to approval as to form by the City Attorney - - - - -- - -- -------- - - - - -- Robert . owell, jr. City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Robert Ledger, Director, Economic Development Marc B. Nelson, Manager, Economic Development Laura M. Carini, Assistant City Attorney Sean T. Adkins, Economic Development Specialist 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41897 - 101920. AN ORDINANCE to appropriate funding from the Virginia Department of Elections for the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) — Coronavirus Relief Fund, amending and reordaining certain sections of the 2019 -2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2019 -2020 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment ( <$5000) Other Equipment Coronavirus Expenses Revenues CARES Act FY20 — Elections Offices Grant 35 -260- 2157 -2035 $ 10,435 35- 260- 2157 -9015 69,579 35- 260- 2157 -3081 2,768 35- 260- 2157 -2157 82,782 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. m&7 CITY COUNCIL AGENDA REPORT IQ 6-/ To: Honorable Mayor and Members of City Council Meeting: October 19, 2020 Subject: Repeal of Budget Ordinance No. 41853 - 090820, adopted by Roanoke City Council on September 8, 2020 and Acceptance of FY20 Coronavirus Aid, Relief, and Economic Security Act - Coronavirus Relief Fund for the Board of Elections Background: By Budget Ordinance No. 41853- 090820, adopted by Roanoke City Council (City Council) on September 8, 2020, City Council authorized an award by the Virginia Department of Elections of a CARES Act Grant in the amount of $82,782 to the City of Roanoke Board of Elections for the additional costs associated with the national emergency related to the Coronavirus. These funds are required to be spent in the prevention, preparation and response to Coronavirus for the 2020 Federal election cycle. All costs charged to the grant must be paid by November 30, 2020, in advance of the required federal reporting deadline of December 30, 2020. Upon further review, the original Budget Ordinance was entered in FY21 when it should have been for FY20. Considerations: In order to correct this error, City staff recommends that Budget Ordinance No. 41853- 090820, be repealed, and the City Council adopt the new budget ordinance to enter, as intended, the CARES Act Grant in the amount of $82,782 to the City of Roanoke Board of Elections for FY20. Recommended Action: Adopt the accompanying budget ordinance to repeal Budget Ordinance No. 41853- 090820 adopted by City Council on September 8, 2020 and to establish the FY20 Coronavirus Aid, Relief, and Economic Security Act - Coronavirus Relief Fund for the Board of Elections allocation described above, and to establish a revenue estimate in the amount of $82,782, and to appropriate funding in the same amount into an account to be established by the Director of Finance in the Grant Fund. Robert S. Cowell, Jr. City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, Treasurer Sherman M. Stovall, Deputy City Manager W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance J. Andrew Cochran, Director of Elections 2 r� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41898-101920 . AN ORDINANCE to appropriate Tun ding from the Commonwealth, federal and private grant for various educational programs, amending and reordaining certain sections of the 2020 -2021 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2020 -2021 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: APPROPRIATIONS Coordinator Teachers Instructional Assistants Secretary/Clerical Grants Accountant Social Security Professional Development Materials & Supplies Instructional - Supplement Other Professional Services Professional Food Services Materials and Supplies Educational and Recreational Supplies Personal Services Personal Services - Parental Involvement Benefits Benefits - Parental Involvement Professional Development Purchased Services Purchased Services - Parental Involvement Internal Printing - Parental Involvement Travel Leases & Rental Equipment Indirect Cost Miscellaneous Other Charges Miscellaneous Other Charges - Parent Involement Materials & Supplies Materials & Supplies - Parental Involvement Teachers Program Coordinator /Site Manager Activity Assistants Social Security Medical /Dental Professioinal Contracted Services Professional Transportation Travel - Mileage, Meals & Lodging Educational & Recreational Supplies Transportation Other Operating Supplies Non - Capital Tech Hardware 302- 160- 0000- 1305- 101Q - 61100- 41124- 9- 07 $ 37,371.00 302- 160- 0000- 1305- 101Q - 61100- 41121 - 9- 07 109,042.00 302- 160- 0000- 1305- 101Q - 61100- 41141 - 9- 07 16,061.00 302- 160- 0000- 1305- 101Q- 61100- 41151 - 9- 07 6,600.00 302- 218- LMAT - 1000- 101Q - 62160- 41137- 9- 00 2,500.00 302- 160- 0000- 1305- 101Q - 61100- 42201 - 9- 07 14,390.00 302- 160- 0000- 1305- 101Q - 61100- 41129- 9- 07 2,147.00 302- 160- 0000- 1305- 101Q - 61100- 46620- 9- 07 300.00 302- 190- 1309- 1000- 120Q - 61310- 41129- 2- 08 3,600.00 302- 190- 1309- 1000- 120Q - 61310- 43313- 2- 08 5,700.00 302- 190- 1309- 1000- 120Q - 61310- 43314- 2- 08 1,600.00 302- 190- 1309- 1000- 120Q - 61310- 46614- 2- 08 2,600.00 302- 110- 0000- 0000- 132Q - 61100- 41121 - 3- 01 4,154,590.20 302- 110- PINV - 0000- 132Q - 61100- 41121 - 3- 01 31,000.00 302- 110- 0000- 0000- 132Q - 61100- 42204- 3- 01 1,676,484.86 302- 110- PINV - 0000- 132Q - 61100- 42204- 3- 01 2,808.49 302- 110- 0000- 1000- 132Q - 61100- 43313- 9- 01 146,777.58 302- 110- 0000- 0000- 132Q - 61310- 43381 - 9- 01 252,250.00 302- 110- PINV - 0000- 132Q - 61310- 43381 - 9- 01 15,000.00 302- 110- PINV - 1000- 132Q - 61310- 44450- 9- 01 700.00 302- 110- 0000- 1000- 132Q - 61310- 45551 - 9- 00 20,050.00 302- 110- 0000- 0000- 132Q - 61310- 45541 - 2- 00 80,000.00 302- 000- INDC - 0000- 132Q - 00000- 62000- 0- 00 271,873.84 302- 110- 0000- 0000- 132Q - 63200- 45583- 2- 01 1,800.00 302- 110- PINV - 0000- 132Q - 63200- 45583- 2- 01 3,434.58 302- 110- 0000- 0000- 132Q - 61100- 46613- 2- 01 518,537.86 302- 110- PINV - 0000- 132Q - 61310- 46613- 9- 00 19,000.00 302- 110- 1102- 0420- 141Q - 61100- 41121 - 2- 05 36,450.00 302- 110- 1102- 0420- 141Q - 61100- 41124- 2- 05 39,657.00 302- 110- 1102- 0420- 141Q - 61100- 41141 - 2- 05 34,800.00 302- 110- 1102- 0420- 141Q - 61100- 42201 - 2- 05 8,038.00 302- 110- 1102- 0420- 141Q - 61100- 42204- 2- 05 2,500.00 302- 110- 1102- 0420- 141Q - 61100- 43313- 2- 05 37,340.00 302- 110- 1102- 0420- 141Q - 61100- 43343- 2- 05 34,024.00 302- 110- 1102- 0420- 141Q - 61100- 45551 - 2- 05 1,356.00 302- 110- 1102- 0420- 141Q - 61100- 46614- 2- 05 4,320.00 302- 110- 0000- 0000- 178Q - 63200- 43343- 9- 01 590,000.00 302- 110- 0000- 0000- 178Q - 64100- 46615- 9- 01 325,000.00 302- 110- 0000- 0000- 178Q - 68200- 46650- 9- 01 800,000.00 Adult Ed Teacher 302- 160- 0000- 1305- 353Q - 61100- 41121 - 9- 07 27,868.00 Social Security 302- 160- 0000- 1305- 353Q - 61100- '42201 9- 07 2,132.00 Teachers 302- 160- 0000- '1305 355Q - 61100- 41121 - 9- 07 18,579.00 Social Security 302- 160- 0000- "1305 355Q - 61100- 42201 - 9- 07 1,421.00 Technology and Hardware Additions 302- 120- 0000- 0390- 754Q - 68200- 48210- 3- 02 1,755.12 REVENUE Local Match 302- 160- LMAT- 0000- 101Q- 00000- 72000- 0- 00 $ 28,411.00 Federal Grant Receipts 302- 000- 0000- 0000- 101Q- 00000- 38002- 0- 00 160,000.00 Federal Grant Receipts 302- 000- 0000- 0000- 120Q - 00000- 38953- 0- 00 13,500.00 Federal Grant Receipts 302- 000- 0000- 0000- 132Q - 00000- 38010- 0- 00 7,194,307.41 Federal Grant Receipts 302- 000- 0000- 0420- 141Q - 00000- 38287- 0- 00 198,485.00 Federal Grant Receipts 302- 000- 0000- 0000- 178Q - 00000- 38379- 0- 00 1,715,000.00 State Grant Receipts 302- 000- 0000- 0000- 353Q - 00000- 32298- 0- 00 30,000.00 State Grant Receipts 302- 000- 0000- 0000- 355Q - 00000- 32298- 0- 00 20,000.00 Local /Other Revenue 302- 000- 0000- 0000- 754Q - 00000- 33832- 0- 00 1,755.12 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk October 19, 2020 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Tuesday, September 13, 2020, the Board respectfully requests that City Council approve the following appropriation request: New Appropriation Adult Basic Education 2020 -21 Preschool Development Grant Birth -to -Five 2020 -21 Title I, Part A, Improving Basic Programs 2020 -21 Title IV, Part B, Hurt Park Elementary School Community Learning Center 2020 -21 Coronavirus Aid, Relief, and Economic Security (CARES) Act - City of Roanoke 2020 -21 General Adult Education 2020 -21 RACE to GED 2020 -21 Elks Lodge #197 Award $188,411.00 $13,500.00 $7,194,307.41 $198,485.00 $1,715,000.00 $30,000.00 $20,000.00 $1,755.12 On behalf of the School Board, thank you for your consideration. Sincerely, 6'-�4 P-'u" Cindy H. Poulton, Clerk pc: Tim Spencer Verletta B. White Bob Cowell Kathleen Jackson Amelia Merchant Mary Talley (w /details) Lutheria H. Smith ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board Lutheria H. Smith Chairperson Dr. Eli C. S. Jamison Vice Chairperson Mark K. Cathey Laura D. Rottenborn Natasha N. Saunders Joyce W. Watkins Dick Willis Verletta B. White Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 v CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 19, 2020 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action on Tuesday September 13, 2020 the Board respectfully requested that City Council appropriate funding as outlined in this report. The adult basic education program provides funds for the education of adults who have not completed high school. The program will be reimbursed by federal funds in the amount of $160,000. Matching funds are provided in the amount of $28,411. The program will end June 30, 2021. This is a continuing program. The Preschool Development Grant (PDG) Birth -to -Five, provides funds to strengthen community early childhood care and education systems. The Roanoke region has been identified as one of the community pilots for this birth -to -five grant. The program will be fully reimbursed by federal funds and will end June 30, 2021 . The 2020 -2021 Title 1 , Part A, Improving Basic Programs grant provides federal assistance to Roanoke City Public Schools for schools with high numbers or percentages of children from low - income families to help ensure that all children meet challenging academic content and achievement standards. The grant period will end September 30, 2022. This is a continuing program. The 2151 Century Community Learning Center grant (year three of a possible three year award) supports the Hurt Park Elementary School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Hurt Park CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2022. This is a continuing program. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act - City of Roanoke Fund, provides emergency relief funds for addressing the impact of the coronavirus pandemic in Virginia. The city of Roanoke is providing funding for pandemic related costs in order to allow the school CARES funding to be used to support virtual learning centers. The funds will be fully spent by December 31, 2020. The 2020 -2021 General Adult Education Program is the Virginia Initiative to provide instructors and reimbursement for related expenses for general adult education courses for adults who did not complete high school. The program is reimbursed 100% by state funds, passed through the regional award for which Salem City Schools serves as fiscal agent. The above amounts represent an estimation of Roanoke City's share of the award, with the final award amount dependent upon the actual regional services provided in Roanoke City. This program will end May 31, 2021. The 2020 -2021 Race to GED program is the Virginia Initiative to provide supplies, tuition, and instructors to increase participation in GED examinations by adults who did not complete high school. The program is reimbursed 100% by state funds, passed through the regional award for which Salem City Schools serves as fiscal agent. This is a continuing program that will end May 31, 2021. This award represents funding provided by the Elks Lodge #197 for the purchase of laptops to use in conjunction with software for vision- impaired students. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordi a lish revenue estimates and to appropriate funding as outlined. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Chris Perkins, Acting Chief Operations Officer, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance 2 CECELIA F. AICCOY, CHIC Citc Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerked roanoke%a.goc October 23, 2020 The Reverend Kevin McNeil, Pastor Bethany Christian Church 3115 Fleming Avenue, N. E. Roanoke, Virginia 24012 Dear Pastor McNeil: CECELIA T. IN EBB, CHIC Depuh City Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, October 19, 2020. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Cecelia F. McCoy, CMC d� City Clerk CFM:ctw CECELIA F. NICCOY, CHIC Cih Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. X'., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(n roanokeva.hov October 21, 2020 Elizabeth C. Barbour, Esquire 712 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Dear Ms. Barbour: CECELIA T. WEBB, C11C Depuh Cit.N Clerk I am enclosing copy of Ordinance No. 41899 - 101920 permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke located on 708 and 712 Arbutus Avenue, S. E., as more particularly described hereinafter. Paragraph 8 states that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat. Such plat shall combine all properties, including the two - city owned properties, which would otherwise dispose of the land within the right -of -way to be vacated, as it extends from Arbutus Avenue S. E. to the Roanoke River, in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. Furthermore, Paragraph 9 states the applicant shall, upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of Ordinance No. 41899 - 101920 being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Elizabeth C. Barbour October 21, 2020 Page 2 Lastly, if all of the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the twelve (12) month period. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 19, 2020, and is in full force and effect upon its passage. Sincerely, ed— J - Cecelia F. McCoy, CMC City Clerk Enclosure PC: Lilla Szakacs, 708 Arbutus Avenue, S. E., Roanoke, Virginia 24014 Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216 -0428 Robert L. Wilson, 701 Arbutus Avenue, S. E., Roanoke, Virginia 24014 Barry D. Bratton, 707 Arbutus Avenue, S. E., Roanoke, Virginia 24014 Joseph P. Fernatt, 711 Arbutus Avenue, S. E., Roanoke, Virginia 24014 Kaitlin D. Classey, 715 Arbutus Avenue, S. E., Roanoke, Virginia 24014 Lahn and Sherry King, 702 Arbutus Avenue, S. E., Roanoke, Virginia 24014 Ashleigh M. Oliver, 716 Arbutus Avenue, S. E., Roanoke, Virginia 24014 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager for Community Development Chris Chittum, Director of Planning Building and Development Timothy Spencer, City Attorney Laura M. Carini, Assistant City Attorney Ian D. Shaw, Planning Commission Agent Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission Katharine Gray, City Planner PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 4160302, 4160303, 4160302R, and 4160303R PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41899 - 101920. AN ORDINANCE permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke located on 708 and 712 Arbutus Avenue, S.E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Elizabeth C. Barbour and Lilla Szakacs filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 19, 2020, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that: 1. The public right -of -way situated in the City of Roanoke, Virginia, and more particularly described as follows: Undeveloped 10 foot wide alleyway extending approximately 135 feet from Arbutus Avenue, S.E., to the Roanoke River, adjacent to Official Tax Map Nos. 4160302, 4160303, 4160302R, and 4160303R. The platted alley runs between 708 Arbutus Avenue, S.E., and 712 Arbutus Avenue, S.E., and continues across the Roanoke River Greenway bisecting two City owned parcels. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- 2 described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. 2. The applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat. Such plat shall combine all properties, including the two -city owned properties, which would otherwise dispose of the land within the right -of -way to be vacated, as it extends from Arbutus Avenue SE to the Roanoke River, in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 3. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 4. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 5. If the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the twelve (12) month period. 6. The City Manager is authorized to sign the plat required by Paragraph 2 above, as necessary. 7. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 11 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 19, 2020 Subject: Application by Elizabeth Barbour and Lilla Szakacs for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Avenue SE, bearing Official Tax Map Nos. 4160302 and 4160303, respectively, and adjacent to 2 properties located at 0 Arbutus Avenue SE, bearing Official Tax Map Nos. 4160302R and 4160303R, respectively. Recommendation The Planning Commission held a public hearing on Monday, October 12, 2020. By a vote of 7 -0, the Commission recommended approval of the vacation of right -of -way as requested, contingent upon the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties, including the two -city owned properties, which would otherwise dispose of the land within the right -of -way to be vacated, as it extends from Arbutus Avenue SE to the Roanoke River, in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 2. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the twelve (12) month period. 5. Authorizes the City Manager to sign the plat required by Condition 1 above, as necessary. Application Information: Request: Applicant: City Staff Person; Official Tax Nos.: Site Area: Relevant Plans: Filing Date: Background: Vacation of undeveloped alley between 708 Arbutus Avenue SE and 712 Arbutus Avenue SE. Elizabeth Barbour and Lilla Szakacs Wayne Leftwich, Senior City Planner Adjacent to Official Tax Map Nos. 4160302, 4160303, 4160302R,and 4160303R +/900 square feet (additional 450 square feet extending towards river) Riverland/ Walnut Hills Neighborhood Plan, 2004 August 18, 2020 The undeveloped 10 foot wide alleyway extends approximately 135 feet from Arbutus Avenue SE to the Roanoke River, adjacent to Official Tax Map Nos. 4160302, 4160303, 4160302R, and 4160303R. The platted alley runs between 708 Arbutus Avenue SE and 712 Arbutus Avenue SE and continues across the Roanoke River Greenway bisecting two City owned parcels. Proposed Use /Development: The application was filed by both owners of 708 Arbutus Avenue SE and 712 Arbutus Avenue SE. They have asked for the vacation of the alleyway to provide more space for their yards. The City's Parks and Recreation Department has also expressed an interest in having the right of way vacated with the portion along the greenway incorporated into the adjacent parcels. The City is recommending the alley be vacated in its entirety, in line with the map attached to this staff report. Considerations: The primary consideration in vacating a public right -of -way is any inconvenience that the vacation may create. 2 Impact of Allev Vacation to Public Accessibilit The right of way has never been developed and used as an alley. The platted alley is disconnected from any other alleyways. It does connect Arbutus Avenue to the Roanoke River Greenway, but there is a significant grade change and a retaining wall separates the upslope area from the greenway and the Roanoke River. It would seem an unlikely location for a greenway access point because of the narrowness of the right of way and the change in grade. In this area of the Roanoke River Greenway, there are six access points already established and open for the public. Impact of Allev Vacation to Public Services: The proposed vacation does not impact delivery of any city services or services from utility companies. Consistency with Comprehensive Plan: Vision 2001 -2020, the City of Roanoke Comprehensive Plan, supports maintaining neighborhood character. The Rive rland /Walnut Hill Neighborhood Plan specifically addresses alleys as noted below. Policy /Action Open and functional alleys: Zoning regulations will encourage the use of alleys for access to parking in rear. Unused /undeveloped alleys and streets should be vacated, with the land being conveyed to adjoining property owners. Plan Applicability to matter Riverland/Walnut The alley in question is Hill Neighborhood unused and undeveloped Plan', pg. 39 and should be vacated based on the plan. If the vacation is approved it will be conveyed to adjoining property owners. Rive rland /Walnut Hill Neighborhood Plan clearly supports the vacation of the undeveloped alley. Vacation of the undeveloped alley would not affect the overall character of the neighborhood. Comments on Application: Public Utilities: Roanoke Gas was amenable to the vacation stating that no service lines or mains run between the properties. The Western Virginia Water Authority was amenable to the vacation stating that there is an easement already in place for a sewer line that crosses the alley. ' Rive rland /Walnut Hill Neighborhood Plan, City of Roanoke, 2004 3 No comments were received from Cox Cable, Verizon and Appalachian Power Company. City Departments: All City Departments are amenable to the vacation. Planning Commission Work Session: No comments. Public Comments: Staff received an e-mail inquiry regarding the application expressing concern that the vacation would prohibit a connection to the greenway. Planning Commission Public Hearing: Ms. Barbara Duerk spoke with concerns for the closure of the alley. She suggested that the alley could be used as an additional access point to the Roanoke River Greenway. Staff pointed out the existing access points along this portion of the Roanoke River Greenway. See attached map. Commissioners questioned the usefulness of the alley in question as greenway connections and noted that there appeared to be adequate existing connections. Conclusions and Recommendations: The vacation would not create an inconvenience and the application is consistent with the City's Comprehensive Plan and the Rive rland /Walnut Hills Neighborhood Plan. The proposed vacated alleyway will be incorporated into the adjoining properties. Xa� 6. kw&mt1 Karri B. Atwood, Chair -1 MG City Planning Commission Enclosure: Attachment A, Right of Way Vacation Map Attachment B, Greenway Access Points (Map) Distribution: Robert S. Cowell, jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Timothy Spencer, City Attorney Laura M. Carini, Assistant City Attorney Elizabeth Barbour Lilla Szakacs M 5� G U Q Q co M LP Lo Lo C) 0 0 9 y o � o � o m w ai o p o0 m `w 0 0 `o `o C'S C�S Date: 8/18/2020 To: Office of the City Clerk a Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. ❑ Amended Application Roanoke, VA 24011 NO' Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: Alley to be vacated between two residential properties on Arbutus Ave. . namely 712 Arbutus Ave. Tax Map No. 4160303, owner Elizabeth Barbour and 708 Arbutus Ave. Tax map No. 4160302, owner Lilla Szakacs. Proposed use of vacated street or alley: Open green space side -yards between existing homes. Name of Applicant/Contact Person: Elizabeth C. Barbour, Esquire Mailing Address: 712 Arbutus Ave.. Roanoke, VA 24014 Telephone: ( ) 540-597 -9741 Applicant(s) signature(s Fax: ( ) E-mail: elizabeth.c.barbour@gmail.com RECEIVED AUG 2 7 2020 CITY OF ROANUKE PLANNING BUILDING & DEVELOPMENT 5 ca co L O 4-0 co co U Q U) L Q M M LPLO 0 r- o 0 0 o o O m w w Y Y O O O C C N O 0 O O O CITY OF ROANOKE - PDB Attn Tina Carr and Cecelia McCoy 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED OCT 16 2020 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT Account Number 6011439 FDate October 06, 2020 Date Category Description Ad Size Total Cost 10/18/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 173 L 1,647.76 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 09/29, 10/06/2020 The First insertion being given ... 09/29/2020 Newspaper reference: 0001139740 Billing Representative Sworn to and subscribed before me this Tuesday, October 6, 2020 NOta W am"Carsten NOTARY PUBLIC State of Virginia Commonwealth of Virginia County of Hanover Notary Registration Number 329549 My Commission expik4q''mission Expires July 31 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2.1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41810- 072020, and Resolution No. 41704. 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing W"n'in_g@roanQkeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday, October 9, 2020. The City of Roanoke Planning Commission will hold a public hearing on October 12, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing 0 anninga@roanokeva.Qov or by calling (540)853 -1330 by noon, Friday, October 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planningCroanokeva.gov on or prior to 1:00 p.m., Friday, October 9, 2020. Application by Elizabeth Barbour and Lilla Szakacs for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Avenue SE, bearing Official Tax Map Nos. 4160302 and 4160303, respectively, and adjacent to 2 properties located at 0 Arbutus Avenue SE, bearing Official Tax Map Nos. 4160302R and 4160303R, respectively. Application by ABRE Holdings, Inc., to rezone property at 3402 and 3410 Avenham Avenue SW, bearing Official Tax Map Nos. 1090440 and 1090456, respectively, and 562 Dillard Road SW, bearing Official Tax Map No. 1090441, from R -12, Residential Single - Family District, to MXPUD, Mixed Use Planned Unit Development District. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory; with a maximum density as specified on the Development Plan and no maximum floor area ratio. The Comprehensive Plan designates the property for residential, single family. The proposed land use is multi - family and single - family residential. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on October 19, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on October 14, 2020, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign -up with the Secretary to the Board of Zoning Appeals by emailing planning@roanokeva.gov or by calling (540)853 -1330 by noon, Monday, October 12, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Board Of Zoning Appeals at Ip a n n i ng a@roanokevagov on or prior to 1:00 P.m., Monday, October 12, 2020. Application by Member One Federal Credit Union, c/o First Last, for property located at 202 4th Street NE, bearing Official Tax Map No. 3015008, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit a drive- through facility. Application in attempt to appeal a Zoning Administrator's Determination dated July 31, 2020, pertaining to the zoning use classification for property located at 802 Oakwood Drive SW, bearing Official Tax Map No. 1260911, by Drew Arney; Paul and Stephanie Avery; Mark Bateman; Leone Bomberger; Michelle Burnett; Sharon Burnham; Constance Corey; Walt and Meggan Derey; John Garland; Catherine C. Greenberg; Karen Hahn; John Harlow; Rachel Hicks; Malinda Hinshaw; Bill and Ann Hopkins; David Johnsen; JoAnn Lockett; Barry and Rebecca Marsh; Carole Mayberry; Kevin and Jessica Minnix; Meredith Moore; Genevieve Morris; Ginger Morris; Charles E. Richards, Jr.; Tom and Meredith Roller; Lisa Sphar; Joel Stover; Arthur Strickland; Robert and Amber Swanson; Rebecca Thompson; and Oak Hill Neighborhood Association. Tina M. Carr, Secretary, City Board of Zoning Appeals (1139740) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4`" floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41810-072020, and Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications xvill be digitally available for review online or may be obtained digitally by einailing If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday. October 9. 2020. The Cite of Roanoke Planning Commission will hold a public hearing on October 12, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Connnission most sigIl -up with the Secretary to the Planning Commission by ernailing or by calling (540)853 -1330 by noon, Friday, October 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at on or prior to 1:00 p.m., Friday, October 9, 2020. Application by Elizabeth Barbour and Lilla Szakacs for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Av enue SE, bearing Official Tax Map Nos. 4160302 and 4160303, respectively, and adjacent to 2 properties located at 0 Arbutus Avenue SE, bearing Official Tax Map Nos. 4160302R and 4160303R, respectively. Application by ABRE Holdings, Inc.. to rezone property at 3402 and 3410 Avenham Avenue SW, bearing Official Tax Map Nos. 1090440 and 1090456, respectively, and 562 Dillard Road SW, bearing Official Tax Map No. 1090441, from R -12, Residential Single- Family District, to MXPUD, Mixed Use Planned Unit Development District. The land use categories permitted in MXPUD District include residential; accommodations and group living: commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community: transportation, utility; agricultural: and accessory; with a maximum density as specified on the Development Plan and no maximum floor area ratio. The Comprehensive Plan designates the property for residential, single family. The proposed land use is multi- family and single- family residential. Tina M. Carr, Secretary, City Planning Commission CECELIA F. NICCOY, CHIC 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@ roanoke%a.go% October 7, 2020 Elizabeth C. Barbour, Esquire 712 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Dear Ms. Barbour: CECELIA T. wEBB, C •IC Depute Cite Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 12 at 1:30 p.m., and will be conducted by electronic communication means due to the COVID -19 pandemic disaster. This public hearing is in regard to a request by Lilla Szakacs and you for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Avenue, S. E., respectively, and adjacent to two properties located at 0 Arbutus Avenue, S. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, October 19 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, October 12. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CECELIA F. hICCOY, CMC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. `V., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanokeNa.goc October 7, 2020 Lilla Szakacs 708 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Dear Ms. Szakacs: CECELIA T. NFEBB, CHIC Depute Cite Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 12 at 1:30 p.m. and will be conducted by electronic communication means due to the COVID -19 pandemic disaster. This public hearing is in regard to a request by Elizabeth Barbour and you for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Avenue, S. E., respectively, and adjacent to two properties located at 0 Arbutus Avenue, S. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, October 19 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, October 12. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CECELIA F. NICCON CHIC Citx- Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. XV., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk (aroanokexa.aox October 7, 2020 Dear Ladies and Gentlemen: CECELIA T. %N EBB, CJIC Deput% CitN Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 12 at 1:30 p.m., and will be conducted by electronic communication means due to the COVID -19 pandemic disaster. This public hearing is in regard to a request by Lilla Szakacs and Elizabeth Barbour for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Avenue, S. E., respectively, and adjacent to two properties located at 0 Arbutus Avenue, S. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, October 19 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, foanoknva.gov_, under "Roanoke Planning Commission News ", following its meeting on Monday, October 12. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners and Interested Parties October 7, 2020 Page 2 PC: Appalachian Power Company P. O. Box 16428 Columbus, Ohio 43216 -0428 Robert L. Wilson 701 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Barry D. Bratton 707 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Joseph P. Fernatt 711 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Kaitlin D. Classey 715 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Lahn and Sherry King 702 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Ashleigh M. Oliver 716 Arbutus Avenue, S. E. Roanoke, Virginia 24014 C ECELIA F. NICCOY, C11C Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2511 Fax: (540) 853 -1145 E -mail: clerk(a roanoke%a.8ox October 21, 2020 Benjamin T. Crew Balzer & Associates 1208 Corporate Circle, S. W. Roanoke, Virginia 24018 Dear Mr. Crew: CECELI:k T. NN EBB, CMC Depute Cite Clerk I am enclosing copy of Ordinance No. 41900 - 101920 rezoning certain properties located at 3402 and 3410 Avenham Avenue, S. W., and 562 Dillard Road, S. W., from R -12, Residential Single - Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition proffered by the applicant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 19, 2020, and is in full force and effect upon its passage. Sincerely, J7. yne-c - Cecelia F. McCoy, CMC City Clerk Enclosure PC: David W. Irby, 3422 Avenham Avenue, S. W., Roanoke, Virginia 24014 Manuel Callweng, 569 Dillard Road, S. W., Roanoke, Virginia 24014 Danny R. Martin, 557 Dillard Road, S. W., Roanoke, Virginia 24014 ABRE Holdings, Inc., 3922 Electric Road, Suite Al, Roanoke, Virginia 24018 John A. Hall, Jr., 5108 Upland Game Road. Roanoke, Virginia 24018 Ashley Coleman, 421 Willow Oak Circle, S. W., Roanoke, Virginia 24014 Village at Southwoods Homeowners Association, 4520 Old Cavespring Road, Roanoke, Virginia 24018 Dirby Properties, LLC, 742 Windsor Avenue, S. W., Roanoke, Virginia 24014 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Christopher Chittum, Director, Planning Building & Development Ian D. Shaw, Zoning Administrator Timothy Spencer, City Attorney Laura Carini, Assistant City Attorney Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission Katharine Gray, City Planner /�o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41900 - 101920. AN ORDINANCE to rezone certain properties located at 3402 and 3410 Avenham Avenue, S.W., and 562 Dillard Road, S.W., from R -12, Residential Single- Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Alexander Boone, on behalf of ABRE Holdings, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 3402 and 3410 Avenham Avenue, S.W., bearing Official Tax Map Nos. 1090440 and 1090456, respectively, and 562 Dillard Road, S.W., bearing Official Tax Map No. 1090441, rezoned from R -12, Residential Single - Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to a certain 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 October 19, 2020, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 1090440 and 1090456, located at 3402 and 3410 Avenham Avenue, S.W., respectively, and Tax Map No. 1090441 located at 562 Dillard Road, S.W., be and are hereby REZONED from R -12, Residential Single- Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment, Amended Application No. 2, dated September 25, 2020. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ABRE Holdings Avenham Avenue 10 2020.doe a` — � s AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 19, 2020 Subject: Application by ABRE Holdings, Inc., to rezone property at 3402 and 3410 Avenham Avenue SW, bearing Official Tax Map Nos. 1090440 and 1090456, respectively, and 562 Dillard Road SW, bearing Official Tax Map No. 1090441, from R -12, Residential Single - Family District, to MXPUD, Mixed Use Planned Unit Development District. Summary: The Planning Commission held a public hearing on October 12, 2020. By a vote of 6 -0 -1, with Commissioner K. Hale recusing himself, the Commission recommends approval of the rezoning request, finding that the Amended Application No. 1, as amended at the hearing and subsequently submitted as Amended Application No. 2, is consistent with the general principles within the City's Comprehensive Plan, South Roanoke Neighborhood Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning with Proffered Conditions Applicant: See owner listed below Owner: Alexander Boone, ABRE Holdings, Inc. Agent: Ben Crew, Balzer & Associates, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 3402 and 3410 Avenham Avenue SW; and 562 Dillard Road SW Official Tax No: 1090440, 1090456, and 1090441 Site Area: +/- 0.7383 acres Relevant Plans: South Roanoke Neighborhood Plan Proposed Land Use: Dwelling, townhouse or rowhouse Dwelling, single - family detached Accessory Apartment Future Land Use: Residential Filing Date: Original Application: August 31, 2020 Amended Application No. 1: September 16, 2020 Amended Application No. 2: October 13, 2020 Background: The owner of the subject property desires to develop multiple dwelling units on the currently vacant property in the form of townhouses, single - family detached dwelling, and an accessory apartment. However, the zoning district only allows single - family detached dwellings and accessory apartments. The owner has proposed to rezone to MXPUD, Mixed -Use Planned Unit Development District, which requires the adoption of a development plan. The development plan includes details on the arrangement of buildings, driveways and other elements as presented on the plan. Proposed Use /Development: The property consists of three residentially zoned lots at the juncture of Franklin Road SW; Avenham Avenue SW; and Dillard Road SW. The front of the property abuts Avenham Avenue, which overlooks the developed commercial corridor along Franklin Road, while the remaining three sides are surrounded by single - family residential development. The owner has offered certainty in how the property will be developed through the Planned Unit Development (PUD) plan that will serve as the development standard for the project, if approved, along with other applicable standards from the city's zoning ordinance. Based on the PUD plan, a row of six townhouses will front along Avenham Avenue SW. A detached single - family residential dwelling will sit behind those units and front Dillard Road SW, with an accessory apartment behind it to the southwest. The placement of the buildings on the property blends with the surrounding residential properties with a 20 foot front yard setback on each street and other side, and rear yard setbacks that match the setback requirements in the surrounding R -1 2 zoning district. The height of the buildings is also compatible with the surrounding residential properties with a 35' maximum building height. The uses to be allowed by right and by special exception are listed on the development plan. Detailed buffering and screening requirements will be addressed during the comprehensive development plan review process. 2 Elevations included as part of the development plan show the townhouse units to be 2 stories with gable and hip roof lines typical of the surrounding residences. Front porches and stoops, along with multiple windows in a pattern reflective of the surrounding neighborhood, address Avenham Avenue SW. The plan states the elevations will be built in substantial conformance with the PUD plan. The PUD plan states that a freestanding monument sign, up to four feet wide by three feet tall with accent lighting, will be allowed at the corner of Avenham and Dillard. No building mounted signage is permitted. Development Plan Offered: The applicant has identified the development plan in the form of a proffer that applies to the existing properties identified as Official Tax Numbers 1090440, 1090456, and 1090441 : The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled " Avenham Square" dated August 31, 2020 and last revised September 25, 2020, 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 property is located at a transition from the commercial section of Franklin Road to the residential area of South Roanoke. The surrounding commercial properties consist of a variety of commercial office, retail sales, and service businesses and the residential properties consist of primarily single - family residential properties: • To the northwest are medical offices, restaurant, tattoo parlor, and financial institution in the CG District along Franklin Road, with residential dwellings in a MXPUD District development beyond. • To the northeast are single - family detached dwellings in R -12 District and a medical office in the MX District. • To the southeast are single - family detached dwellings in R -12, Residential Single - Family District. • To the southwest are detached single family dwellings in R -12, Residential Single - Family District with a car dealership in CG District beyond. The future land use plan from the South Roanoke Neighborhood Plan designates this area for single - family residential use. 3 Applicability /Appropriateness of Proposed Zoning District: The purposes of the MXPUD District are to encourage the orderly development of mixed residential /commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: 1) Promote efficient use of land and infrastructure through high quality urban design; 2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; 3) Permit a compatible mix of commercial and residential uses; 4) Provide safe, efficient access and traffic circulation; 5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and 6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. This particular PUD plan would allow a mixture of residential uses on the subject property to be developed in a manner that respects the residential neighborhood to the south and east while adding in an additional type of housing unit not currently permitted in the R -12 zoning district that provides a better transition to the intensive commercial development to the north and west. Availability of Other Property: There are no other properties in the immediate vicinity that are zoned for townhouses and would allow this type of development. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the South Roanoke Neighborhood Plan recognize that it is important to the overall health of the community that the multiple types of housing units are incorporated into each community in appropriate locations within the city's urban fabric. Policy /Action NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Plan Comprehensive Plan', pg. 40 ' Vision 2001 -2020. City of Roanoke. 2001 2 South Roanoke Neighborhood, City of Roanoke. 2008 Applicability to matter The proposed development would allow a housing type that can provide additional choice in the type of housing units within the found within the neighborhood. Policy /Action Plan I Applicability to matter Community Design Policies: South Roanoke The proposed develop allows Established neighborhoods should Neighborhood the established retain their overall character and Z, pg. 56. neighborhoods to maintain development patterns, while their overall character while incorporating new development that is forming a more gradual compatible with the neighborhood, transition between the two the design guidelines of Vision 2001 - very different land use types. 2020, and efficiently uses limited land resources. Require new residential developments The proposed development to incorporate the traditional incorporates curb, gutter, neighborhood model and urban sidewalk, and planting strips amenities such as sidewalks and along each street. curbing, where applicable. Established residential neighborhoods South Roanoke This proposed development should retain their current character. Neighborhood allows the core of each district Zoning should reinforce the Z, pg. 60. to maintain its current maintenance of this character. character while providing a better transitions from the low density residential dwellings southeast of Avenham to the commercial corridor to the northwest. A variety of housing options should be The proposed development available in South Roanoke. offers a different housing type in a manner that respects the Infill development should be residential properties on aesthetically and functionally multiple sides through the compatible with adjoining placement, scale, roof form, development, and building design, and detailing of the units landscaping, and transitional uses. proposed. Comments on Application: Planning Commission Work Session: Several items were discussed at the Planning Commission work session. The more technical items discussed were: listing of parcels by new addresses, particular information needed on the application, the PUD plan applying to all parcels requested to be zoned MXPUD, and a relisting of uses allowed to include all uses currently shown on the PUD plan. Also discussed were the importance to the surrounding residential properties that: the proposed elevations are what is actually built, additional detailing of the 5 particularly blank wall facing Dillard Road, parking requirements proposed, buffering and screening, and appropriate signage. The applicant submitted Amended Application No.1 to address most of the concerns noted above. However, the application did not address concerns related to certainty of the building architecture, architectural detail on the townhouse wall facing Dillard Avenue, and the size and number of signs. The applicant has indicated that the application will be further amended at the Planning Commission's public hearing to further address the above concerns. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority; Fire; and Planning Building and Development Departments related to: water and sewer design requirements; fire code, building and zoning subdivision requirements; and the permitting process. Public Comments: Public comments were received after the staff report was written and were read at the Planning Commission public hearing. The comments are attached as Attachment B. Public Hearing: As noted above, public comments were received after development of the staff report to the Planning Commission that were read to the Commission at the public hearing. These comments generally related to: • Traffic generated by the proposed development. • Adequacy of parking provided in the proposed development. • Compatibility of the two -story townhouses with the surrounding residences. • Runoff /drainage from the proposed development. • Impact on views from adjacent property. In addition, Ms. Barbara Duerk spoke at the hearing with similar comments to those listed above. The Commission discussed the comments and asked questions of staff. This discussion confirmed that the City's Transportation Division reviewed the proposal and determined that there is no traffic impact and that adequate parking is available in the proposed garages and driveways on the property and along Avenham Avenue. Commissioners commented that the applicant has done a good job of developing a plan that is compatible with the surrounding neighborhood and modifying that plan based on comments from the commission. R Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with the Vision 2001 -2020 and the South Roanoke Neighborhood Plan. The proposed change allows for a combination of housing types to be built at the transition from the intensive commercial development of Franklin Road to the residential area to the south and east. Although not in keeping with the future land use plan, the proposed development is in keeping with the general principles of traditional neighborhood development in both plans and provides a better transition between very different areas. The townhouses, the new housing type to be allowed, are located closest to the commercial area while the single - family residential dwelling and accessory apartment, currently allowed in the R -12 District, are located adjacent to the residential properties along Dillard Road. The PUD plan provides a specific site layout, and building elevations that show that the development will be built in a manner respectful to the surrounding residential area. k wvz;t,, 9. A4uiar� Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Attachment B, Comments Received Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Timothy Spencer, City Attorney Laura M. Carini, Assistant City Attorney Alexander Boone, ABRE Holdings, Inc. Ben Crew, Balzer & Associates, LLC 7 Q c m r� d � 1pg�A45 O cT s ! 5 (� O! R a d ' �j �+ 4 �F p oly c 1! G cv o h �4\ Q� 4 @ Q EWA NIOAM CD CO 4 m a >, = %--6 c r = y s n V Q vvy r °ate v o pp 7s _ W �' � m '� a a m a LL m m m a a a a w a w IIww U'a .9 p CD p TAE OQ m 2 L c N LL N Q. �' U 2 K d' K (V ZM �i7 x �a — p � 4 a a � y C Q U U = G ti. N (7 J Z a U U a 1 4 L 2 K U 101 a N 2 2 K K LL 6i 2 Q LL O 2 K U 1F 0 0 ®N �� o N o Attachment B John Byrnes 3314 Somerset Street SW I have read the materials you sent. Thanks again. 1 like the plan and don't object to it. My only issue is the provision for parking. Each unit gets one spot and there does not appear to be extra space in the rear for other resident parking. Assuming these units will be expensive, many owners will be couples with two cars. I assume they envision street parking for "extra" parking. As I am sure you know, the street in front of the proposed units is not wide enough for two side parking. In addition, the space in front of the units has become, in effect, a used car sales parking lot. The result will be more parking up Dillard including in front of current single family residences and more parking on Avenham on both sides of the project. More units in the vicinity have become rentals and have already increased street parking in the immediate area. One solution would be to change the project to eliminate the single family portion and make that into non - designated resident parking. In addition, some parking restriction in front of the project to eliminate used car sales would decrease the shabby appearance created by numerous car for sale signs. Staff responded. Thanks for your prompt reply. You're right, I didn't see the other space. By used car lot, I mean people who don't live there, parking their cars for sale there because they get high viewing. The number parked varies, but it was not unusual to have 2 -3 parked at the same time, many without moving for days. It's not by me so I haven't got too excited about it, but if I had an expensive condo, I wouldn't like it. Have you received any indication of what the units will sell for? PJ Barbara Duerk 2607 Rosalind Avenue SW President of Neighbors in South Roanoke am President of Neighbors in South Roanoke an inclusive, exclusive neighborhood that is located in South Roanoke by the South County Line, East to Mill Mountain and the Blue Ridge Parkway, West to the Roy Webber Highway and North to Reserve Avenue. Town Houses provide additional housing options in the neighborhood. Please address with Alexander Boone at Boonehomes the following concerns: Design compatibility with the neighborhoods. The design looks similar to other Blazer developments. Dillard and Avenham in this "block" are one story family homes. There are several options for townhomes in Roanoke that might be built at this location. Brandon Oaks, Southwood, The Motley conversion on 2 lots on Crystal Spring and other conversions. SORO is for townhouses that are compatible or enhance the community. Infill housing is not acceptable. Questions are the structures being 2 story, the pitch of the roof, the useability of a front porch or a deck in the back, light pollution, and issues of topography are concerns. Traffic and Parking. More people in South Roanoke are bicycling. Bicycle lanes are on Franklin Road. The Sidewalk will be continued to the S County line which will allow access to Tanglewood and Kroger grocery store. Provide Bicycle acesss from Franklin Road through the dead end of Avenham. Most of the units will have two cars. The developer should provide parking for two vehicles. There is currently not enough room for Fed Ex and other delivery trucks, and large vehicles to make a loop at the end of the dead end Avenham. Using other people's garage is not practical. Set back from the adjoining property owner might allow for the alley to make a loop. Avenham is used by Dillard residents for parking when there is SNOW and ICE, and by Vistar for employees and patients. Local residents also use this area to park cars for sale. CONNECTION is important for the Town House development and neighbors in South Roanoke that use this corridor. Ask the sidewalk to be expanded to the accepted dimensions for a multimodal path for shared use by walkers and bicyclists. Avenham was stopped at Willow Oak. (Note the 2 story home is not accessible by motor vehicle from Avenham but has its access on Willow Oak. Bicycle access from Franklin Road should be routed at Willow Oak with a connector to Avenham. Modify the end of the street for easy turnaround. 3 Traffic Concerns on Avenham have been a concern. Measures to address speed have been implemented with little benefit to residents. How are additional trips in the Regional area going to be mitigated? Other concerns Lighting, landscaping, water runoff concerns and a common area for residents is needed. The closest park is FERN Park or the Village Green next to Firestation #8. The alley replicates the grid system used for South Roanoke Development. Could the alley go "all the way through ?" Dealing with singular plots of development do not take into consideration the overall vision for a neighborhood. Traffic on Jefferson St. and Avenham, Broadway and McClanahan have been registered before because of additional traffic caused by the expansion of Carilion - Roanoke Memorial. A Franklin Road Corridor Study has been requested to upgrade the economics of Roanoke from a current Pawn Shop and Plasma Center. Let's look at the who picture. :] Manuel Callweng 569 Dillard Road SW Spoke by phone to leave comment: Only concern with proposal is that it not increase his existing problem with stormwater backing up in his basement during rainstorms. 5 Stephanie Schmitz 510 Dillard Rd SW Two concerns leave me skeptical and unsupportive of a zoning change. My apologies for wordiness and likely repetition of things you already know. 1) Traffic. The developer plans to put in 1 house and 6 townhomes, with an additional "future accessory apartment" shown in the plan, but not described in the written application materials (a total of 8 residences). Eight homes will probably mean an increase of 16 cars. This may be an underestimate if the developer retains the 3 bedroom homes as rentals as he intends. In a meeting on site on Sept. 9, the developer indicated that 2nd cars would be parked in driveways behind 1 st cars, which would be parked in garages. This seems highly unlikely, given issues of ease of access, human behavior, and the fact that the front doors of the townhomes would face the street ( Avenham Ave extension). It seems much more likely that at least half the townhome residents' cars will park on Avenham. Although application materials refer to this portion of Avenham as having low traffic, the low traffic is linked to the fact that that Avenham simply dead ends after two driveways. There is no room to turn around. There is also no room to construct a cul -de -sac. There are potential solutions linked to reconfiguring the build, but they would reduce the number of units and do not appear to have been considered by the developer. Will Avenham Square residents use their neighboring Avenham residents' driveways to turn around? Will the City have to connect Avenham with Willow Oak (or Franklin) to accommodate traffic? Will there be a need to destroy the very attractive green space between Avenham and Franklin to create a turnaround area? None of this seems acceptable. The proposed 8 homes (almost a 50% increase for Dillard) will also presumably mean substantially more traffic, including truck traffic for moving, deliveries, etc. Trucks will probably have to back out of the proposed alley onto Dillard, or out of the Avenham extension where it meets traffic coming off Franklin. This will generate some accident risk. Also, Dillard itself already has a surprising amount of traffic for a dead end road (possibly because of its location directly across from the exit off Franklin). It also has an unusually tight cul -de -sac. Even most cars make 3 -point turns; larger trucks often overshoot and cause yard damage. Overall, this particular location does not seem conducive to the likely level of traffic, carrying both nuisance factors and risks. 2) The impact on the character of the neighborhood. The townhomes are described as a "buffer between the existing mostly single -story Dillard homes L and the busy commercial corridor that is Franklin Road ". The implication is that the new build would be an aesthetic improvement for existing residents, which is not accurate. First, there is already a buffer: there is a beautiful parklike greenspace between the corner of Dillard /Avenham and Franklin. Further, the view across Franklin is not of commercial space, it is of a wooded hillside. Any two -story construction will obliterate views of both green spaces for some Dillard residents and will detract from the current visual experience. Second, the plan showing eight residences appears very congested. Although the townhomes as pictured are attractive, the overall build with its tight alley and additional houses seems cramped. Third, the additional single residences (especially the "accessory apartment ") are not in keeping with most of the area. The developer indicated on September 9 that single homes would be about 1400 square feet. While a number of the houses on Dillard have single -story facades and modest footprints, the average finished square footage on the road is close to 1900. Also, even most of the smaller "single- story" homes on Dillard have full basements with outdoor access, and potential finished square footage is much higher. As a related aside, it was confusing to hear from the developer at the September 9 meeting that if the zoning change did not go through, there would be a four -house build, with each house being about 1400sf. Even allowing for extra costs to build single family homes, the contrast between the described townhomes (over 2000sf, in the $300 -350K range if sold) and the single family homes (regardless of zoning) is striking. It raises questions about why such disparate homes would be constructed, or if the townhouse quality would indeed be as described if the zoning change goes through. In conjunction with the fact that all of the units are intended to be rentals, there is the impression that the goal is primarily attentive to ease of renting. This could have obvious impacts on compatibility with the neighborhood. Thank you for your consideration of these concerns. 7 David Irby 3422 Avenham Ave SW live at 3422 Avenham Ave SW - adjacent to the lot which Alexander Boone plans to build on. I have several concerns about the plan. 1) With six units, the townhomes will likely bring in about twelve resident vehicles. The plans have enough parking for 1 vehicle in the rear, but the other six vehicles will be parking on Avenham. There is no place for these vehicles to turn around. Usually people turn around in my or my neighbor's driveway -- this is annoying for me and for my neighbor. 2) 1 often look out the kitchen window while doing dishes at the beautiful green grass. Now I will be looking out the window at an ugly alley. I would prefer to build something to obstruct the alley view and offer me privacy; however my property ends at my driveway. I have spoken to Alexander about purchasing a few feet of property adjacent to my lot as a buffer. I would also be open to him building an esthetic privacy fence, so that I don't have to look at the alley and to offer me privacy. 3) The new sidewalk on Franklin offers pedestrian access to many local businesses. These Townhomes would increase the number of locals who would use the sidewalks, however there is no nearby safe place to cross the street. Addition of a crosswalk would improve safety for pedestrians in the area. Thank you for your consideration E3 Lynne P. Falkinburg 501 Dillard Rd SW I'm reaching out to you as a resident of Dillard Rd SW, Roanoke,Va. I have concerns about a project planned by ABRE Holdings,lnc. involving 3 lots located at the corner of Avenham Ave. and Dillard Rd. purchased by them. The first I heard about this was from a letter, dated 9/02/20, sent to my address announcing a meeting at that location to get input about rezoning from the present 3 single family homes to multipurpose that would allow 1 single family home plus 6 townhomes & an additional future accessory apartment. The meeting was scheduled for 9/09/20 at 6pm. As requested, I mailed my regrets in not being able to attend and requested copies of the plans with detailed information about the proposed project. I received a prompt reply stating information would be sent "shortly" from Lynne @aboonehomes.com. When I received nothing, I sent another email stating I was still waiting to hear back from them. As of 10/08/201 still have not heard from them or received any additional information. When signs appeared outlining the property recently announcing a Planning Commission Hearing Date Monday 10/12120 @ 1 :30pm I was greatly surprised.The sign had the address location in the Noel C. Taylor Municipal Building and then noted it might be held virtually. A date of 10/09/20 was listed to register to speak or make comments with the name of Katherine Gray @ 540-853-1502. 1 called the number this afternoon, but only got her voice rmail. I left my phone number and a detailed message,as requested and pressed emergency. I'm hoping for a return call for direction about submitting this letter in case the meeting is virtual. I'm 79 years old and have little technical ability. I don't know how to attend a virtual meeting. I've been in touch with some of the neighbors and although they've expressed their concerns similar to mine, they're working at the time of the meeting or unable to attend for other reasons. The following are some of the concerns I think should be addressed. 1. Most importantly is the additional traffic congestion that will occur coming in from Franklin Rd. onto Avenham & Dillard which is already a problem. 2. 1 don't know how the trash pickup or large truck deliveries can be safely accomplished in such tight quarters both front & back of the townhomes. 3. Most people own 2 cars these days. Therefore, instead of 6 cars for the 3 single homes zoned currently there would probably be 14. The turnoff from Avenham is short & the alley behind the townhouses appear to be narrow. As far as I can tell, there are only 1 car garages to accommodate the cars so there would be cars parked in the small areas in front of the garages. I don't believe there is sufficient room in front. 4. There are no areas in front or back for reasonable recreating. 5. Homeowners living up the hill from this area would be subjected to glare from the additional outside lighting needed, unwelcome noise from people when outside in the back, & an unavoidable unsightly view of the entire back of the townhomes. I'm sorry, but I don't think the proposed new plan requiring rezoning is a good use of the 3 lots. I realize ABRE Holding Inc. is in business to make the most profitable use of their investment possible. They have put forth a glowing presentation of how the additional townhouses would be an asset to the neighborhood. I disagree and respectfully ask the Planning Commission to deny the rezoning or at least reschedule to give time for more people in the neighborhood to be informed about the pros and cons of the rezoning and its consequences. As much as I would like to attend the meeting and speak, I don't think I have the ability or knowledge to attend virtually. With this in mind, I'm requesting this letter be read at the meeting in my place and made part of the record. Thank you for your consideration of this matter, 10 Leslie Evett 3308 Somerset St SW am very concerned about the proposed rezoning of 3402 and 3410 Avenham Ave SW and 562 Dillard Rd SW. This is a single family residential neighborhood which I have lived in for the past 25 years. To see this lot developed into 6 townhouses and 1 single family home would not be in the spirit of the rest of this community. It would decrease our property values and cause an increase of cars parked. I hope this committee will vote this proposal down and let single family homes be built on this vacant corner lot. John Evett, MD 3308 Somerset St SW am a resident of Roanoke and am strongly opposed to the proposed rezoning at 3402 and 3410 Avenham Ave and 562 Dillard Rd., SW. This proposal contradicts the city plan and would contribute negatively to population and automotive density in this neighborhood. These properties are zoned as single family housing lots and should remain as such to compliment the neighborhood. I feel very strongly about this issue and cannot overstate my opposition. 11 Ashby & Kimberly Coleman 3421 Willow Oak Circle This letter serves as our opposition to the proposed rezoning of 3402 & 3410 Avenham Avenue and 562 Dillard Road, SW. Our property is adjacent to this property, and the proposed use does not conform to the rest of the homes in the vicinity of this project. The proposed project's parking lot /entrance road will be right behind our house and will drive down the value of the surrounding homes, I ask you to reject the proposal as the highest and best use of this property is single family homes. 12 Amy Bridge 3296 Somerset Street SW am against the rezoning which could include multi - family housing, which will add traffic congestion to the area. 13 Sandy Troth, RN (retired) AARP VA Volunteer Livability Ambassador .Just saw this notice today. My comment is that any and all new construction should include at least one unit that is totally accessible, utilizing international building codes. As these are townhomes, they are multi -story — stairs are not compatible with accessibility unless there is an elevator or chair stair climber installed. Also, every room should be constructed so that a wheelchair can turn around, and kitchen and bath fixtures should be accessible as well. Additionally, at least one unit should be administered by HUD, making it accessible to low income families. A less conventional, more creative approach to multi- housing in this area would be well received: Le. co- housing approaches and Incorporation of ADU's. Thank you for your consideration of this important aspect of all future building plans. I apologize for the last minute comments. 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: Sep 25, 2020 Submittal Number: Amended Application No.2 ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ x Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District mot,.. .�.as � ±�� : i_ i.•a� Click Here to Print ❑ Amendment of Proffered Conditions ❑ x Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 13402 Avenham Avenue, SW; 3410 Avenham Avenue, SW; 562 Dillard Road, SW Official Tax No(s) : 1090440;1090441;1090456 Existing ❑ Without Conditions Ordinance Zoning: R -12, Residential Single - Family ❑ With Conditions No(s). (If ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Multifamily (townhomes) Zoning: MXPUD, Mixed Use Planned Unit Develop With Conditions Land Use: ❑x Planned Unit Development g� Name: ABRE Holdings, Inc. Address: 39 2 Electric Road, SW, Suite 1A, Roanoke, VA 24018 _ -.__ A -_ N F= Name: me as Property Owner - Phone Number: +1 (540) 278 -1365 ` E -mail: ab @aboonehomes com Phone Number: " ^ E -mail; Name: Balzer & Associates /Benjamin T. Crew Phone Number: +1 (540) 772 -9580 Address: 1208 Corporate Circle, Roanoke, Virginia 24018 E -mail: FB&ew @Balzer.cc AoNmaee Agvnri signature: 33 -4:tx ABRE HOLDINGS, INC., APPLICANT, AMENDED APPLICATION FOR ZONING AMENDMENT TO MIXED PLANNED UNIT DEVELOPMENT ( "MXPUD ") 3402 Avenham Avenue, Official Tax Number 1090440 (Parcel 1) 562 Dillard Road, Official Tax Number 1090441 (Parcel 2) 3410 Avenham Avenue, Official Tax Number 1090456 (Parcel 3) (together, the "Property ") September 25, 2020 I. INTRODUCTION AND REQUST FOR REZONING TO MIXED PLANNED UNIT DEVELOPMENT Pursuant to Section 36.1 -690 of the Code of the City of Roanoke (1979), as amended, ABRE Holdings, Inc., a Virginia corporation ( "ABRE "), respectfully submits the following written narrative in support of its amended application for a Rezoning to Mixed Planned Unit Development, as follows: ABRE hereby requests that each of the three (3) lots comprising the Property be rezoned from Residential R -12 to Mixed Planned Unit Development in substantial conformance with the Development Plan Entitled, "Avenham Square" by Balzer Associates dated August 31, 2020, last revised September 25, 2020 (the "Development Plan "), filed simultaneously with ABRE's Zoning Amendment Application, for the development of six (6) residential townhome lots at 3402 and 3410 Avenham Avenue and one (1) detached single family residential lot at 562 Dillard Road. The six (6) new townhome lots comprising the Property will create a new community to be known as Avenham Square. II. NARRATIVE IN SUPPORT OF APPLICATION The amendment of the existing zoning district is in concert with the City's Comprehensive Plan (the "Comp Plan ") and proposes an exciting new housing option at the gateway of the South Roanoke community adjacent to the busy Franklin Road commercial corridor. Avenham Square offers an efficient, attractive, and compatible use for the Property for the reasons more fully set forth in this Narrative. A. DESCRIPTION OF PROPOSED USE AND DEVELOPMENT OF THE PROPERTY The City of Roanoke has a significant shortage of new housing. Specifically, the City needs new and more affordable housing options. ABRE has a solution to this need. The Property offers the perfect location to create a new community of townhomes in the South Roanoke neighborhood as opposed to three (3) single family homes under the current zoning. Under the proposed plan, South Roanoke will benefit from an increase of six (6) additional new housing units. Avenham Square will offer the gateway of South Roanoke a streetseape with classic architecture. The diverse architectural features of the building elevations will enhance the entrance to South Roanoke. Brick and siding exteriors with welcoming front porches will blend to create a unique and striking addition to the already well -known and loved architecture in South Roanoke and the City of Roanoke in general. B. JUSTIFICATION FOR THE CHANGE The current City of Roanoke Comprehensive South Roanoke Neighborhood Plan states that the City needs more diverse housing options and multi - family options. In its current configuration, the Property does not offer the most efficient use for the real estate market as it exists in 2020. While three (3) lots zoned for additional single - family housing certainly are helpful to a Roanoke Valley real estate market currently starved for new and resale housing, three (3) single family lots do not address the City's need to offer alternative housing options to meet a more dynamic housing market and population. With the growth of the Virginia Tech Carilion campus at Riverside and the expansion of Carilion Roanoke Memorial Medical Center, among other vehicles for growth, the City of Roanoke needs additional new and different types of housing. The City has benefitted from the addition of a number of new apartment projects over the past few years - both inside and outside of the City's core. But the City needs higher density housing as well as more traditional single - family homes in the City of Roanoke and, especially, South Roanoke. We seek to address the need for more single family and one floor living /age in place housing options in our new community adjacent to Peakwood Drive. The Comprehensive Plan further encourages low maintenance housing options such as townhomes and multi - family units to allow older residents to remain in the neighborhood as they transition from single family dwellings. The proposed plan does just that. The City also needs townhomes that offer a new housing option to all facets of our market, from the young professional, to move up person, couple or family, and, importantly, the empty nester buyer who wants to remain in the City but not in their current larger single- family home. Each one of these market segments needs a choice in housing, and the proposed use of the Property will appeal to each aspect of the market. While our proposed townhomes currently offer second floor bedrooms, we have the flexibility to include an elevator for those who do not want to use stairways. The City also needs more affordable housing options, as the skyrocketing cost of development has made traditional single - family housing more and more expensive. The proposed higher density use of the Property should offer an affordable housing option and help the City enhance its housing offerings to new and existing residents. The proposed Rezoning of the Property to Mixed Planned Unit Development from R -12, Residential Single Family to Mixed Planned Unit Development is necessary to change the type of housing that can be built in accordance with the Plan of Development to permit the construction of six (6) townhome units, and one single family home, as more particularly set forth on the Plan of Development, each of which use is supported by the City's Comprehensive Plan. C. EFFECT OF THE PROPOSED AMENDMENT ON THE SURROUNDING NEIGHBORHOOD ABRE respectfully submits that the request for rezoning contained in its Application is beneficial for the Property and the adjoining neighborhood as it expands the neighborhood's housing options for all demographics and enhances the architecture of the homes in the immediate area. ABRF,'s proposed use is entirely compatible with the Comp Plan. The townhomes "can accommodate a variety of households including families with children, empty nesters and young professionals, ensuring the marketability and long -term success of the neighborhood ", as desired for the City by the Comp Plan. ABRE's proposed use of the Property will focus traffic to the front of the townhomes on Avenham Avenue with street parking on a street. As only three (3) homes exist past the Property, this portion of Avenham does not experience high traffic. The Development Plan set forth as Exhibit A also shall provide for an alley behind the townhomes to focus the residential traffic immediately behind the townhomes themselves and keep traffic generally away from Dillard Road. This alley, as well as the townhomes themselves, shall serve as a buffer between the existing mostly single -story homes on Dillard Road and the busy commercial corridor that is Franklin Road. Building townhomes with front - loaded garage doors is an option but ABRE wants the homes to offer a more historical and urban streetscape to serve as a gateway to South Roanoke and a buffer between the residential areas and the commercial areas and to avoid a streetscape of garage doors. The Comp Plan further states that "housing to keep seniors in the community should be considered in the future." With the ability to add elevators in the townhomes, seniors will have the option to enjoy a multi -story townhome with easy accessibility to each floor. Importantly, the Development Plan incorporates the use of the existing sidewalks on Avenham Avenue. With the front doors of the townhomes facing Avenham Avenue, these sidewalks will become an active walkway for South Roanoke residents and a welcoming front yard for Avenham Square. With two (2) stories, the proposed townhomes are in scale with the surrounding community and within the height restriction of the current R -12 zoning classification. The Storm Water Management for Avenham Square shall meet all requirements of the City of Roanoke and will enhance the collection of storm water at this intersection of Dillard Road and Avenham Avenue. The Development Plan utilizes the efficient use and development of land by developing a new community that will enhance the aesthetics of the Avenham/Dillard neighborhood as well as a serve as an attractive buffer from the arterial commercial thoroughfare that is Franklin Road. D. AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES IN THE GENERAL AREA AND IN THE CITY As discussed, there are limited opportunities for new housing in the City of Roanoke. The opportunity to offer a new, no maintenance housing option is an important opportunity for the City of Roanoke, South Roanoke, Carilion Clinic, Virginia Tech and Radford University. At this time, ABRE is not aware of another property in the general area or in the City of Roanoke that is available on which to build a streetscape townhome community with architectural features that compliment and mirror some of the better architecture found in South Roanoke. As a result, the proposed Avenham Square community has become even more important to the City of Roanoke. E. RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE CITY'S COMPRHENSIVE PLAN AND THE APPLICABLE NEIGHBORHOOD PLAN The Property is too important to increase City housing options to remain vacant. With experience building in South Roanoke and across the Roanoke and New River Valleys as well as the Richmond metro area, ABRE respectfully submits that its Development Plan will enhance the already attractive Avenham/Dillard neighborhood and support the City's Comprehensive Plan to create a new, no maintenance and multi- family housing option for the City of Roanoke. These new townhomes will help retain, attract, and support residents of the City of Roanoke and offer an existing new housing option that will build a new gateway to South Roanoke. For the reasons more particularly set forth in its Application, this Narrative and the Development Plan, ABRE Holdings, Inc. respectfully requests that the City of Roanoke adopt its Application for Rezoning to Planned Unit Development in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Commonwealth of Virginia. Respectfully submitted this 25th day of September 2020. OWNER OF RECORD AND PETITIONER ABRE HOLDIDiGsf. INC. IN VAlexander 1 dale Its: Pres' icr Date: Z -u 4 EXHIBIT A Please See Attached Development Plan by Balzer Associates dated August 31, 2020, last revised September 25, 2020 PigPOSED P=n WE r- 11-2 BARER LU Cr V) Z LU EX-A PROFFERED CONDITION: The applicant hereby agrees to proffer the following conditions as they apply to the New `Parcel A' and New 'Parcel B' as shown on the Ex -A Development Plan for the subject request identified as existing Official Tax Numbers 1090456, 1090440, and a portion of 1090441. 1. The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "Avenham Square" dated August 31, 2020 and last revised September 25, 2020, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. EXHIBIT B Property Description PARCEL NO. 1: TAX PARCEL #1090440 All of that certain lot known and designated as Lot 1 of Block 2 of the W. M. Dillard Subdivision, located on the southwest side of Avenham Avenue, bounded on the southwest by Lot 3 of the W. M. Dillard Subdivision, bounded on the southeast by Lot 2 of Block 2 of the W. M. Dillard Subdivision, and located on the southwest side of Dillard Road. PARCEL NO. 2: TAX PARCEL 1090456 All of that certain lot known and designated as Lot No. 3 of the W. M. Dillard Subdivision, located on Avenham Avenue, and more particularly described as follows according to a survey made by T. P. Parker, S.C.E., dated June 1, 1957: BEGINNING at a point on the southwest side of Avenham Avenue, point "B "; thence S. 28 degrees 16' 20" E. 197.13 feet to point "C "; thence across the back of the lot, S. 61 degrees 08' W. 62.0 feet to a point; thence with the dividing line between Lot 2 (the residence lot) and Lot 3, N. 29 degrees 17' W. 197.13 feet to a point on the southwest side of Avenham Avenue, N. 61 Degrees 08' E. 65.46 feet to point "B," the point of BEGINNING. (PARCELS NO. 1 and 2 above described) BEING the same property conveyed to the Grantor herein from Ann R. Vokonas (A/K/A Ann R. Horchler), TRUSTEE OF THE HAZEL D. WILSON IRREVOCABLE TRUST AGREEMENT #2, DATED DECEMBER 2, 1992 by deed dated October 15, 2019, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 190010509. Reference is also made to Deed of Correction dated December 2, 2019, recorded in the aforesaid Clerk's Office as Instrument No. PARCEL NO. 3: TAX PARCEL #1090441 Being Lot 2, Block 2, according to the Map of the subdivision of W. M. Dillard, prepared by T. P. Parker, State Certified Engineer, which map is of record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia, in Map Book 1, page 4. EXHIBIT C Ownership The Sole Shareholder of ABRE Holdings, Inc., a Virginia corporation, is: John Alexander Boone. EXHIBIT D Please See Attached Architectural Renderings MM" AL, -1 y F , .. _. , . �.. .. ,. -fix r�..',.r .�.,.., a•. .d.., «..:'t - ":�g ...� i a k,? N T , q v t 4 EXHIBIT D3 ZONING DISTRICT MAP 3402 and 3410 Avenham Avenue SW,90 562 Dillard Road SW s Official Tax Parcels: 1090440, 1090456, and 1090441 (respectively) ®Area to be Rezoned Zoning AD: Air port Dev - CG: CommerciaEGeneral O� - CLS: Com.oi.l -Large St. CN: Commerasl- Neighborhood s�O NrA` 1. _ D: Downtown Din % SF - 1-1: Light Industrial - F2: Heavy Industrial `Ss - N: Institutional �p - NPUD: Institutional Planned Unit Dev r - PUD: Industrial Planned Unit Dev ' NIX: Mixed Use QNOCPUD: Muted Use Planned Unit Dev R -12: Res Single - Family R -3: Res Singe- Family O r R -5: Res Single - Family O c� R -7: Res Single - Family RA: Res- Agria,ttural RM- 1 : Res Mixed Dens ity LI M RM -2: Res Mixed Density - RMF: Res Multifamily 7) - ROS: Recreation and Open Space C?� - UF: Urban Flex - - Conditional Zoning 0 100 200 Feet 110030'2 1300120 fl .ypGU� .1� _ 9�O 'QO G� OPT J )j. 01 CITY OF ROANOKE - PDB Attn Tina Carr and Cecelia McCoy 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED OCT 16 2020 CITY OF ROANOKE PLANNING BUILDING R DEVELOPMENT Account Number 6011439 i `Date October 06, 2020 Date Category Description Ad Size Total Cost 10/18/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 173 L 1.647.76 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 09/29, 10/06/2020 The First insertion being given ... 09/29/2020 Newspaper reference: 0001139740 Billing Representative Sworn to and subscribed before me this Tuesday, October 6, 2020 NotaWj ?u ACarsten NOTARY PUBLIC State of Virginia Commonwealth of Virginia County of Hanover Notary Registration Number 329549 My Commission expi mission Expires July 31 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These publir hearings may be conducted by (dectiunic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41810- 072020, and Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by entailing planning@roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853.2541, by noon, Friday, October 9, 2020. The City of Roanoke Planning Commission will hold a public hearing on October 12, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by entailing planningOa roanokevagov or by calling (540)853 -1330 by noon, Friday, October 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning @roanokeva.gov on or prior to 1:00 p.m., Friday, October 9, 2020. Application by Elizabeth Barbour and Lilla Szakacs for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Avenue SE, bearing Official Tax Map Nos. 4160302 and 4160303, respectively, and adjacent to 2 properties located at 0 Arbutus Avenue SE, bearing Official Tax Map Nos. 4160302R and 4160303R, respectively. Application by ABRE Holdings, Inc., to rezone property at 3402 and 3410 Avenham Avenue SW, bearing Official Tax Map Nos. 1090440 and 1090456, respectively, and 562 Dillard Road SW, bearing Official Tax Map No. 1090441, from R -12, Residential Single - Family District, to MXPUD, Mixed Use Planned Unit Development District. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory; with a maximum density as specified on the Development Plan and no maximum floor area ratio. The Comprehensive Plan designates the property for residential, single family. The proposed land use is multi- family and single - family residential. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on October 19, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Cecelia F. McCoy, CIVIC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on October 14, 2020, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing planninge@roanokeva.gov or by calling (540)853 -1330 by noon, Monday, October 12, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at gl_a —9 i n g t?a roanokevagov on or prior to 1:00 p.m., Monday, October 12, 2020. Application by Member One Federal Credit Union, c/o First Last, for property located at 202 4th Street NE, bearing Official Tax Map No. 3015008, for a special exception pursuant to Section 362 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit a drive - through facility. Application in attempt to appeal a Zoning Administrator's Determination dated July 31, 2020, pertaining to the zoning use classification for property located at 802 Oakwood Drive SW, bearing Official Tax Map No. 1260911, by Drew Arney; Paul and Stephanie Avery; Mark Bateman; Leone Bomberger; Michelle Burnett; Sharon Burnham; Constance Corey; Walt and Meggan Derey; John Garland; Catherine C. Greenberg; Karen Hahn; John Harlow; Rachel Hicks; Malinda Hinshaw; Bill and Ann Hopkins; David Johnsen; JoAnn Lockett; Barry and Rebecca Marsh; Carole Mayberry; Kevin and Jessica Minnix; Meredith Moore; Genevieve Morris; Ginger Morris; Charles E. Richards, Jr.; Tom and Meredith Roller; Lisa Sphar; Joel Stover; Arthur Strickland; Robert and Amber Swanson; Rebecca Thompson; and Oak Hill Neighborhood Association, Tina M. Carr, Secretary, City Board of Zoning Appeals (1139740) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4`h floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as pennitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41810- 072020, and Resolution No. 41704 - 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541. by noon. Friday, October 9, 2020. The Cite of Roanoke Planning Commission will hold a public hearing on October 12, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing or by calling (540)853 -1330 by noon, Friday, October 9, 2020. Persons who register to speak will be provided with infonnation to present their- testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at on or prior to 1 :00 p.m.. Friday, October 9, 2020. Application by Elizabeth Barbour and Lilla Szakacs for alley vacation for property located between 708 Arbutus Avenue SE and 712 Arbutus Avenue SE, hearing Official Tax Map Nos. 4160302 and 4160303, respectively.. and adjacent to 2 properties located at 0 Arbutus Avenue SE. bearing Official Tax Map Nos. 41603028 and 4160303R, respectively. Application by ABBE Holdings. Inc.. to rezone property at 3402 and 3410 Avenham A%Crurc SW'. bearing Official Tax Map Nos. 1090440 and 1090456. respectively. and 562 Dillard Road SW, bearing Official Tax Map No. 1090441, from R -12. Residential Single - Family District, to MXPUD. Mixed Use Planned Unit Development District. The land use categories permitted in MXPU'D District include residential; accommodations and group living: commercial; warehousing and distribution: assembly and entertainment: public, institutional, and community: transportation. utility: agricultural, and accessory: with a maximum density as specified on the Development Plan and no maximum floor area ratio. The Comprehensive Plan designates the property for residential, single family. The proposed land use is multi - family and single - family residential. Tina M. Carr, Secretary, City Planning Commission CECELIA F. NICCOY, CIVIC 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: clerks roanokeca.goc October 7, 2020 Benjamin T. Crew Balzer & Associates 1208 Corporate Circle, S. W. Roanoke, Virginia 24018 Dear Mr. Crew: CECELIA T. WEBB, C11C Depute City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 12 at 1:30 p.m., and will be conducted by electronic communication means due to the COVID -19 pandemic disaster. This public hearing is in regard to a request by ABRE Holdings, Inc., to rezone property at 3402 and 3410 Avenham Avenue, S. W., and 562 Dillard Road, S. W., from Residential Single - Family District, to Mixed Use Planned Unit Development District. (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, October 19 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, October 12. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, %J-- V Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CECELIA F. AICCOY, CHIC 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 October 7, 2020 J. Alexander Boone, President ABRE Holdings, Inc. 3922 Electric Road, S. W. Suite 1A Roanoke, Virginia 24018 Dear Mr. Boone: CECELIA T. NVEBB, CHIC Depute Cite Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 12 at 1:30 p.m., and will be conducted by electronic communication means due to the COVID -19 pandemic disaster. This public hearing is in regard to a request by ABRE Holdings, Inc., to rezone property at 3402 and 3410 Avenham Avenue, S. W., and 562 Dillard Road, S. W., from Residential Single - Family District, to Mixed Use Planned Unit Development District. (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, October 19 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, October 12. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, V:�-. �/Xo_ 1*ci� Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CECELIA F. NICCOY, CDIC Cih Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. )V., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkCa roanokeva.gov October 7, 2020 Dear Ladies and Gentlemen: CECELIA T. 1N EBB, CHIC DeputN Citv Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 12 at 1:30 p.m., and will be conducted by electronic communication means due to the COVID -19 pandemic disaster. This public hearing is in regard to a request by ABRE Holdings, Inc., to rezone property at 3402 and 3410 Avenham Avenue, S. W., and 562 Dillard Road, S. W., from Residential Single - Family District, to Mixed Use Planned Unit Development District. (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, October 19 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva gov, under "Roanoke Planning Commission News ", following its meeting on Monday, October 12. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, 0t4d1;, 114, V& eat Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners and Interested Parties October 7, 2020 Page 2 PC: David W. Irby 3422 Avenham Avenue, S. W. Roanoke, Virginia 24014 Manuel L. Callweng, Jr. and Ermelinda R. Callweng 569 Dillard Road, S. W. Roanoke, Virginia 24014 Danny R. Martin 557 Dillard Road, S. W. Roanoke, Virginia 24014 John A. Hall, Jr. 5108 Upland Game Road Roanoke, Virginia 24018 Ashby W. Coleman and Kimberly M. Coleman 3421 Willow Oak Circle, S. W. Roanoke, Virginia 24014 Village at Southwoods Homeowners Association 4520 Old Cave Spring Road Roanoke, Virginia 24018 Dirby Properties, LLC 742 Windsor Avenue, S. W. Roanoke, Virginia 24014 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: September 16, 2020 ❑ Rezoning, Not Otherwise Listed Submittal Number: Amended Application No. 1 ❑ Rezoning, Conditional ❑ x Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Click Here to Print ❑ Amendment of Proffered Conditions ❑x Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 3402 Avenham Avenue, SW; 562 Dillard Road, SW; 3410 Avenham Avenue, SW Official Tax No(s).: 1090440;1090441;1 090456 Existing ❑ Without Conditions Ordinance Zoning: FR-1 Residential Single Family ❑ With Conditions No(s). (If ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Multi - Family & Zoning: MXPUD, Mixed Planned Unit Development ❑X With Conditions Land Use: Single Family ❑ x Planned Unit Development Residential Name: ABRE Holdings, Inc. Phone Number: +1 (540) 278 -1365 Address: 392 lectric Road, S)Y� Suite 1A, Roanoke, Virginia 24018 E -mail: ab @aboonehomes.com �� T T,^ -- property Name: Same as Owner Phone Number: 1. E -mail: I Name: Balzer &Associates /Benjamin T. Crew Phone Number: +1 (540) 772 -9580 Address: 1208 Corporate Circle, SW, Roanoke, Virginia 24018 E -mail: FBCrew@Balzer.cc Authorised Agents Signature. - IN RE: ABRE HOLDINGS, INC., APPLICANT, AMENDED APPLICATION FOR ZONING AMENDMENT TO MIXED PLANNED UNIT DEVELOPMENT ( "MXPUD ") 3402 Avenham Avenue, Official Tax Number 1090440 (Parcel 1) 562 Dillard Road, Official Tax Number 1090441 (Parcel 2) 3410 Avenham Avenue, Official Tax Number 1090456 (Parcel 3) (together, the "Property ") September 18, 2020 I. INTRODUCTION AND REQUST FOR REZONING TO MIXED PLANNED UNIT DEVELOPMENT Pursuant to Section 36.1 -690 of the Code of the City of Roanoke (1979), as amended, ABRE Holdings, Inc., a Virginia corporation ( "ABRE "), respectfully submits the following written narrative in support of its amended application for a Rezoning to Mixed Planned Unit Development, as follows: ABRE hereby requests that each of the three (3) lots comprising the Property be rezoned from Residential R -12 to Mixed Planned Unit Development in substantial conformance with the Development Plan Entitled, "Avenham Square" by Balzer Associates dated September 18, 2020 (the "Development Plan"), filed simultaneously with ABRE's Zoning Amendment Application, for the development of six (6) residential townhome lots at 3402 and 3410 Avenham Avenue and one (1) detached single family residential lot at 562 Dillard Road. The six (6) new townhome lots comprising the Property will create a new community to be known as Avenham Square. II. NARRATIVE IN SUPPORT OF APPLICATION The amendment of the existing zoning district is in concert with the City's Comprehensive Plan (the "Comp Plan") and proposes an exciting new housing option at the gateway of the South Roanoke community adjacent to the busy Franklin Road commercial corridor. Avenham Square offers an efficient, attractive, and compatible use for the Property for the reasons more fully set forth in this Narrative. A. DESCRIPTION OF PROPOSED USE AND DEVELOPMENT OF THE PROPERTY The City of Roanoke has a significant shortage of new housing. Specifically, the City needs new and more affordable housing options. ABRE has a solution to this need. The Property offers the perfect location to create a new community of townhomes in the South Roanoke neighborhood as opposed to three (3) single family homes under the current zoning. Under the proposed plan, South Roanoke will benefit from an increase of six (6) additional new housing units. Avenham Square will offer the gateway of South Roanoke a streetscape with classic architecture. The diverse architectural features of the building elevations will enhance the entrance to South Roanoke. Brick and siding exteriors with welcoming front porches will blend to create a unique and striking addition to the already well -known and loved architecture in South Roanoke and the City of Roanoke in general. B. JUSTIFICATION FOR THE CHANGE The current City of Roanoke Comprehensive South Roanoke Neighborhood Plan states that the City needs more diverse housing options and multi - family options. In its current configuration, the Property does not offer the most efficient use for the real estate market as it exists in 2020. While three (3) lots zoned for additional single - family housing certainly are helpful to a Roanoke Valley real estate market currently starved for new and resale housing, three (3) single family lots do not address the City's need to offer alternative housing options to meet a more dynamic housing market and population. With the growth of the Virginia Tech Carilion campus at Riverside and the expansion of Carilion Roanoke Memorial Medical Center, among other vehicles for growth, the City of Roanoke needs additional new and different types of housing. The City has benefitted from the addition of a number of new apartment projects over the past few years - both inside and outside of the City's core. But the City needs higher density housing as well as more traditional single - family homes in the City of Roanoke and, especially, South Roanoke. We seek to address the need for more single family and one floor living/age in place housing options in our new community adjacent to Peakwood Drive. The Comprehensive Plan further encourages low maintenance housing options such as townhomes and multi - family units to allow older residents to remain in the neighborhood as they transition from single family dwellings. The proposed plan does just that. The City also needs townhomes that offer a new housing option to all facets of our market, from the young professional, to move up person, couple or family, and, importantly, the empty nester buyer who wants to remain in the City but not in their current larger single - family home. Each one of these market segments needs a choice in housing, and the proposed use of the Property will appeal to each aspect of the market. While our proposed townhomes currently offer second floor bedrooms, we have the flexibility to include an elevator for those who do not want to use stairways. The City also needs more affordable housing options, as the skyrocketing cost of development has made traditional single - family housing more and more expensive. The proposed higher density use of the Property should offer an affordable housing option and help the City enhance its housing offerings to new and existing residents. The proposed Rezoning of the Property to Mixed Planned Unit Development from R -12, Residential Single Family to Mixed Planned Unit Development is necessary to change the type of housing that can be built in accordance with the Plan of Development to permit the construction of six (6) townhome units, and one single family home, as more particularly set forth on the Plan of Development, each of which use is supported by the City's Comprehensive Plan. C. EFFECT OF THE PROPOSED AMENDMENT ON THE SURROUNDING NEIGHBORHOOD ABRE respectfully submits that the request for rezoning contained in its Application is beneficial for the Property and the adjoining neighborhood as it expands the neighborhood's housing options for all demographics and enhances the architecture of the homes in the immediate area. ABRE's proposed use is entirely compatible with the Comp Plan. The townhomes "can accommodate a variety of households including families with children, empty nesters and young professionals, ensuring the marketability and long -term success of the neighborhood ", as desired for the City by the Comp Plan. ABRE's proposed use of the Property will focus traffic to the front of the townhomes on Avenham Avenue with street parking on a street. As only three (3) homes exist past the Property, this portion of Avenham does not experience high traffic. The Development Plan set forth as Exhibit A also shall provide for an alley behind the townhomes to focus the residential traffic immediately behind the townhomes themselves and keep traffic generally away from Dillard Road. This alley, as well as the townhomes themselves, shall serve as a buffer between the existing mostly single -story homes on Dillard Road and the busy commercial corridor that is Franklin Road. Building townhomes with front - loaded garage doors is an option but ABRE wants the homes to offer a more historical and urban streetscape to serve as a gateway to South Roanoke and a buffer between the residential areas and the commercial areas and to avoid a streetscape of garage doors. The Comp Plan further states that "housing to keep seniors in the community should be considered in the future." With the ability to add elevators in the townhomes, seniors will have the option to enjoy a multi -story townhome with easy accessibility to each floor. Importantly, the Development Plan incorporates the use of the existing sidewalks on Avenham Avenue. With the front doors of the townhomes facing Avenham Avenue, these sidewalks will become an active walkway for South Roanoke residents and a welcoming front yard for Avenham Square. With two (2) stories, the proposed townhomes are in scale with the surrounding community and within the height restriction of the current R -12 zoning classification. The Storm Water Management for Avenham Square shall meet all requirements of the City of Roanoke and will enhance the collection of storm water at this intersection of Dillard Road and Avenham Avenue. The Development Plan utilizes the efficient use and development of land by developing a new community that will enhance the aesthetics of the Avenham/Dillard 3 neighborhood as well as a serve as an attractive buffer from the arterial commercial thoroughfare that is Franklin Road. D. AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES IN THE GENERAL AREA AND IN THE CITY As discussed, there are limited opportunities for new housing in the City of Roanoke. The opportunity to offer a new, no maintenance housing option is an important opportunity for the City of Roanoke, South Roanoke, Carilion Clinic, Virginia Tech and Radford University. At this time, ABRE is not aware of another property in the general area or in the City of Roanoke that is available on which to build a streetscape townhome community with architectural features that compliment and mirror some of the better architecture found in South Roanoke. As a result, the proposed Avenham Square community has become even more important to the City of Roanoke. E. RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE CITY'S COMPRHENSIVE PLAN AND THE APPLICABLE NEIGHBORHOOD PLAN The Property is too important to increase City housing options to remain vacant. With experience building in South Roanoke and across the Roanoke and New River Valleys as well as the Richmond metro area, ABRE respectfully submits that its Development Plan will enhance the already attractive Avenham /Dillard neighborhood and support the City's Comprehensive Plan to create a new, no maintenance and multi - family housing option for the City of Roanoke. These new townhomes will help retain, attract, and support residents of the City of Roanoke and offer an existing new housing option that will build a new gateway to South Roanoke. For the reasons more particularly set forth in its Application, this Narrative and the Development Plan, ABRE Holdings, Inc. respectfully requests that the City of Roanoke adopt its Application for Rezoning to Planned Unit Development in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Commonwealth of Virginia. Respectfully submitted this 18th day of September 2020. OWNER OF RECORD AND PETITIONER ABRE HO111exander INC. By: Bo e Its: Pre ' e Q l� Date: 4 EXHIBIT A Please See Attached Development Plan by Balzer Associates dated August 31, 2020, last revised September 18, 2020 5 WN BARER LLJ z z z 0 W Ed 1 > jL EX-,A PROFFERED CONDITION: The applicant hereby agrees to proffer the following conditions as they apply to the New `Parcel A' and New `Parcel B' as shown on the Ex -A Development Plan for the subject request identified as existing Official Tax Numbers 1090456, 1090440, and a portion of 1090441. 1. The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "Avenham Square" dated August 31, 2020 and last revised September 18, 2020, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. EXHIBIT B Property Description PARCEL NO. 1: TAX PARCEL 41090440 All of that certain lot known and designated as Lot 1 of Block 2 of the W. M. Dillard Subdivision, located on the southwest side of Avenham Avenue, bounded on the southwest by Lot 3 of the W. M. Dillard Subdivision, bounded on the southeast by Lot 2 of Block 2 of the W. M. Dillard Subdivision, and located on the southwest side of Dillard Road. PARCEL NO. 2: TAX PARCEL 1090456 All of that certain lot known and designated as Lot No. 3 of the W. M. Dillard Subdivision, located on Avenham Avenue, and more particularly described as follows according to a survey made by T. P. Parker, S.C.E., dated June 1, 1957: BEGINNING at a point on the southwest side of Avenham Avenue, point "B "; thence S. 28 degrees 16' 20" E. 197.13 feet to point "C "; thence across the back of the lot, S. 61 degrees 08' W. 62.0 feet to a point; thence with the dividing line between Lot 2 (the residence lot) and Lot 3, N. 29 degrees 17' W. 197.13 feet to a point on the southwest side of Avenham Avenue, N. 61 Degrees 08' E. 65.46 feet to point "B," the point of BEGINNING. (PARCELS NO. 1 and 2 above described) BEING the same property conveyed to the Grantor herein from Ann R. Vokonas (A/K/A Ann R. Horchler), TRUSTEE OF THE HAZEL D. WILSON IRREVOCABLE TRUST AGREEMENT #2, DATED DECEMBER 2, 1992 by deed dated October 15, 2019, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 190010509. Reference is also made to Deed of Correction dated December 2, 2019, recorded in the aforesaid Clerk's Office as Instrument No. _ PARCEL NO. 3: TAX PARCEL #1090441 Being Lot 2, Block 2, according to the Map of the subdivision of W. M. Dillard, prepared by T. P. Parker, State Certified Engineer, which map is of record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia, in Map Book 1, page 4. EXHIBIT C Ownership The Sole Shareholder of ABRE Holdings, Inc., a Virginia corporation, is: John Alexander Boone. EXHIBIT D Please See Attached Architectural Renderings AOL a r" 11 111 _ ::: Bit ■.. z It ; ; ,11 w �: 111 It All . � III Su 4A � _ ��� '• 111 111 HIM io iii 111 Ilt III III 11 It u u son Ak aw 0 O-k , k ol , EXHIBIT R1 ZONING DISTRICT MXPUD: Mixed Use Planned Unit Dev Ord #34406 - 080299 ►3i Area to . Zoning AD: Airport Dev — CG: Commercial - General — CLS: Commercial -Large Site CN: Commercial- Neighborhood — D: Downtown - 1 -1: Light Industrial — 1 -2: Heavy Industrial — IN: Institutional INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev MX: Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single - Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily - ROS: Recreation and Open Space — UF: Urban Flex Conditional Zoning N 0 100 200 Feet +E S 1100302 G OPT O� v� �N ,,00706- 0 ,SO I 10q�, -n01 ..,an40a rtt. k O 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 [— , Submittal Number: I Click Here to Print I R- I I -- et all tom_ ❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 0 Avenham Avenue, SW; 0 Avenham Avenue, SW; 0 Dillard Road, SW mT Official Tax No(s). 1090440;1090441-11090456 Existing — E] Without Conditions Ordinance Zoning: R -12, Residential Single - Family ❑ With Conditions No(s). (If El Planned Unit Development applicable): Requested ❑ Without Conditions Proposed l Zoning: MXPUD, Mixed Use Planned Unit Develop ❑x With Conditions Land Use: a ❑x Planned Unit Development Prqgjo Owiner Infowmatl Name: Alexander Real Estate Group, Ltd. fka ABRE Holdings, Inc. Ad ss: JP2,2 Electric Road, SW, Suite 1A, Roanoke, VA 24018 �� • llln_Aff 4—ifferent from owner): Name: ISarne as Property Owner Address: Name: Balzer Associates /Ben Crew Address: 11208 Corporate Circle, Roanoke, Virginia 24018 Phone Number +1 (540) 278-1365 E -mail: ab@aboonehomes.com Phone Number: E -mail: Phone Number: F +1 (540) 772 -9580 a -, E -mail: BCrew @Balzer.cc IN RE: ABRE HOLDINGS, INC., APPLICANT, APPLICATION FOR ZONING AMENDMENT TO MIXED PLANNED UNIT DEVELOPMENT ( "MXPUD ") 0 Avenham Avenue, Official Tax Number 1090440 0 Avenham Avenue, Official Tax Number 1090441 0 Dillard Road, Official Tax Number 1090456 (together, the "Property ") August 31, 2020 I. INTRODUCTION AND REQUST FOR REZONING TO MIXED PLANNED UNIT DEVELOPMENT Pursuant to Section 36.1 -690 of the Code of the City of Roanoke (1979), as amended, ABRE Holdings, Inc., a Virginia corporation ( "ABRE "), respectfully submits the following written narrative in support of its application for a Rezoning to Mixed Planned Unit Development, as follows: ABRE hereby requests that each of the three (3) lots comprising the Property be rezoned from Residential R -12 to Mixed Planned Unit Development in substantial conformance with the Development Plan Entitled, " Avenham Square" by Balzer Associates dated August 31, 2020 (the "Development Plan "), filed simultaneously with ABRE's Zoning Amendment Application, for the development of six (6) residential townhome lots on the Avenham lots and one (1) detached single family residential lot at 0 Dillard Road. The six (6) new townhome lots comprising the Property will create a new community to be known as Avenham Square. II. NARRATIVE IN SUPPORT OF APPLICATION The amendment of the existing zoning district is in concert with the City's Comprehensive Plan (the "Comp Plan ") and proposes an exciting new housing option at the gateway of the South Roanoke community adjacent to the busy Franklin Road commercial corridor. Avenham Square offers an efficient, attractive, and compatible use for the Property for the reasons more fully set forth in this Narrative. A. DESCRIPTION OF PROPOSED USE AND DEVELOPMENT OF THE PROPERTY The City of Roanoke has a significant shortage of new housing. Specifically, the City needs new and more affordable housing options. ABRE has a solution to this need. The Property offers the perfect location to create a new community of townhomes in the South Roanoke neighborhood as opposed to three (3) single family homes under the current zoning. Under the proposed plan, South Roanoke will benefit from an increase of six (6) additional new housing units. Avenham Square will offer the gateway of South Roanoke a streetscape with classic architecture. The diverse architectural features of the building elevations will enhance the entrance to South Roanoke. Brick and siding exteriors with welcoming front porches will blend to create a unique and striking addition to the already well -known and loved architecture in South Roanoke and the City of Roanoke in general. B. JUSTIFICATION FOR THE CHANGE The current City of Roanoke Comprehensive South Roanoke Neighborhood Plan states that the City needs more diverse housing options and multi - family options. In its current configuration, the Property does not offer the most efficient use for the real estate market as it exists in 2020. While three (3) lots zoned for additional single - family housing certainly are helpful to a Roanoke Valley real estate market currently starved for new and resale housing, three (3) single family lots do not address the City's need to offer alternative housing options to meet a more dynamic housing market and population. With the growth of the Virginia Tech Carilion campus at Riverside and the expansion of Carilion Roanoke Memorial Medical Center, among other vehicles for growth, the City of Roanoke needs additional new and different types of housing. The City has benefitted from the addition of a number of new apartment projects over the past few years - both inside and outside of the City's core. But the City needs higher density housing as well as more traditional single- family homes in the City of Roanoke and, especially, South Roanoke. We seek to address the need for more single family and one floor living /age in place housing options in our new "MillView South Roanoke" community adjacent to Peakwood Drive (this community formerly was known as Wilton of South Roanoke). The Comprehensive Plan further encourages low maintenance housing options such as townhomes and multi - family units to allow older residents to remain in the neighborhood as they transition from single family dwellings. The proposed plan does just that. The City also needs townhomes that offer a new housing option to all facets of our market, from the young professional, to move up person, couple or family, and, importantly, the empty nester buyer who wants to remain in the City but not in their current larger single- family home. Each one of these market segments needs a choice in housing, and the proposed use of the Property will appeal to each aspect of the market. While our proposed townhomes currently offer second floor bedrooms, we have the flexibility to include an elevator for those who do not want to use stairways. The City also needs more affordable housing options, as the skyrocketing cost of development has made traditional single - family housing more and more expensive. The proposed higher density use of the Property should offer an affordable housing option and help the City enhance its housing offerings to new and existing residents. The proposed Rezoning of the Property to Mixed Planned Unit Development from R -12, Residential Single Family to Mixed Planned Unit Development is necessary to change the type of housing that can be built in accordance with the Plan of Development to permit the construction of six (6) townhome units, and one single family home, as more particularly set forth on the Plan of Development, each of which use is supported by the City's Comprehensive Plan. C. EFFECT OF THE PROPOSED AMENDMENT ON THE SURROUNDING NEIGHBORHOOD ABRE respectfully submits that the request for rezoning contained in its Application is beneficial for the Property and the adjoining neighborhood as it expands the neighborhood's housing options for all demographics and enhances the architecture of the homes in the immediate area. ABRE's proposed use is entirely compatible with the Comp Plan. The townhomes "can accommodate a variety of households including families with children, empty nesters and young professionals, ensuring the marketability and long -term success of the neighborhood ", as desired for the City by the Comp Plan. ABRE's proposed use of the Property will focus traffic to the front of the townhomes on Avenham Avenue with street parking on a street. As only three (3) homes exist past the Property, this portion of Avenham does not experience high traffic. The Development Plan set forth as Exhibit A also shall provide for an alley behind the townhomes to focus the residential traffic immediately behind the townhomes themselves and keep traffic generally away from Dillard Road. This alley, as well as the townhomes themselves, shall serve as a buffer between the existing mostly single -story homes on Dillard Road and the busy commercial corridor that is Franklin Road. Building townhomes with front - loaded garage doors is an option but ABRE wants the homes to offer a more historical and urban streetscape to serve as a gateway to South Roanoke and a buffer between the residential areas and the commercial areas and to avoid a streetscape of garage doors. The Comp Plan further states that "housing to keep seniors in the community should be considered in the future." With the ability to add elevators in the townhomes, seniors will have the option to enjoy a multi -story townhome with easy accessibility to each floor. Importantly, the Development Plan incorporates the use of the existing sidewalks on Avenham Avenue. With the front doors of the townhomes facing Avenham Avenue, these sidewalks will become an active walkway for South Roanoke residents and a welcoming front yard for Avenham Square. With two (2) stories, the proposed townhomes are in scale with the surrounding community and, in fact, not as high as permitted under the current R -12 zoning classification. The Storm Water Management for Avenham Square shall meet all requirements of the City of Roanoke and will enhance the collection of storm water at this intersection of Dillard Road and Avenham Avenue. The Development Plan utilizes the efficient use and development of land by developing a new community that will enhance the aesthetics of the Avenham/Dillard neighborhood as well as a serve as an attractive buffer from the arterial commercial thoroughfare that is Franklin Road. D. AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES IN THE GENERAL AREA AND IN THE CITY As discussed, there are limited opportunities for new housing in the City of Roanoke. The opportunity to offer a new, no maintenance housing option is an important opportunity for the City of Roanoke, South Roanoke, Carilion Clinic, Virginia Tech and Radford University. At this time, ABRE is not aware of another property in the general area or in the City of Roanoke that is available on which to build a streetscape townhome community with architectural features that compliment and mirror some of the better architecture found in South Roanoke. As a result, the proposed Avenham Square community has become even more important to the City of Roanoke. E. RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE CITY'S COMPRHENSIVE PLAN AND THE APPLICABLE NEIGHBORHOOD PLAN The Property is too important to increase housing options in the City to remain vacant. With experience building in South Roanoke and across the Roanoke and New River Valleys as well as the Richmond metro area, ABRE respectfully submits that its Development Plan will enhance the already attractive Avenham/Dillard neighborhood and support the City's Comprehensive Plan to create a new, no maintenance and multi- family housing option for the City of Roanoke. These new townhomes will help retain, attract, and support residents of the City of Roanoke and offer an existing new housing option that will build a new gateway to South Roanoke. For the reasons more particularly set forth in its Application, this Narrative and the Development Plan, ABRE Holdings, Inc. respectfully requests that the City of Roanoke adopt its Application for Rezoning to Planned Unit Development in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Commonwealth of Virginia. Respectfully submitted this 31St day of August 2020. OWNER OF RECORD AND PETITIONER ABRE HC Its: Date: 4 EXHIBIT A Please See Attached Development Plan by Balzer Associates dated August 31, 2020 NV]d INNW13A3O I >� : 3NVnt)s WVHN3AV r ---- Lo X30 °0 sY UJ 741* N IIIrv� DILLARD RD 50'R/W "'F tl o- o g -1 gig H gg i. h H a ,. tlaw NV]d INNW13A3O I >� : 3NVnt)s WVHN3AV r ---- Lo X30 °0 sY UJ 741* N IIIrv� DILLARD RD 50'R/W "'F tl o- o g -1 gig H gg i. h H a EXHIBIT B Property Description PARCEL NO. 1: TAX PARCEL 41090440 All of that certain lot known and designated as Lot 1 of Block 2 of the W. M. Dillard Subdivision, located on the southwest side of Avenham Avenue, bounded on the southwest by Lot 3 of the W. M. Dillard Subdivision, bounded on the southeast by Lot 2 of Block 2 of the W. M. Dillard Subdivision, and located on the southwest side of Dillard Road. PARCEL NO. 2: TAX PARCEL 1090456 All of that certain lot known and designated as Lot No. 3 of the W. M. Dillard Subdivision, located on Avenham Avenue, and more particularly described as follows according to a survey made by T. P. Parker, S.C.E., dated June 1, 1957: BEGINNING at a point on the southwest side of Avenham Avenue, point "B "; thence S. 28 degrees 16' 20" E. 197.13 feet to point "C "; thence across the back of the lot, S. 61 degrees 08' W. 62.0 feet to a point; thence with the dividing line between Lot 2 (the residence lot) and Lot 3, N. 29 degrees 17'W. 197.13 feet to a point on the southwest side of Avenham Avenue, N. 61 Degrees 08' E. 65.46 feet to point `B," the point of BEGINNING. (PARCELS NO. 1 and 2 above described) BEING the same property conveyed to the Grantor herein from Ann R. Vokonas (A/K/A Ann R. Horchler), TRUSTEE OF THE HAZEL D. WILSON IRREVOCABLE TRUST AGREEMENT #2, DATED DECEMBER 2, 1992 by deed dated October 15, 2019, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 190010509. Reference is also made to Deed of Correction dated December 2, 2019, recorded in the aforesaid Clerk's Office as Instrument No. PARCEL NO. 3: TAX PARCEL #1090441 Being Lot 2, Block 2, according to the Map of the subdivision of W. M. Dillard, prepared by T. P. Parker, State Certified Engineer, which map is of record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia, in Map Book 1, page 4. EXHIBIT C Ownership The Sole Shareholder of ABRE Holdings, Inc., a Virginia corporation, is: John Alexander Boone. EXHIBIT D Please See Attached Architectural Renderings PROFFERED CONDITION: The applicant hereby agrees to proffer the following conditions as they apply to the New 'Parcel A' as shown on the Ex -A Development Plan for the subject request identified as existing Official Tax Numbers 1090456, 1090440, and a portion of 1090441. 1. The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "Avenham Square" dated August 31, 2020, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. SECRETARY'S CERTIFICATE ABRE HOLDINGS, INC. The undersigned, being the duly elected, authorized and acting Secretary of ABBE Holdings, Inc., a Virginia corporation (the "Company "), does hereby certify that John Alexander Boone is the duly elected, authorized and acting President and Secretary of the Company and that the President is authorized to file a Zoning Amendment Application in substantial compliance with the Plan of Development by Balzer & Associates dated August 31, 2020. IN WITNESS WHEREOF, I have signed and caused this Certificate to be delivered this 31" day of August 2020. ftl- nw, III o an no on Be$ III on I 111 Ili "I I trt. . w vt }i gyp,^ ♦ +}� 1 ♦ t� le mill ME Mir .. L mloo. z LA f F one ,ate— — 3 Owl— r M mom no m®■ MOM s-- mom E ZONING DISTRICT MAP 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 Q INPUD: Institutional Planned Unit Dev ® IPUD: Industrial Planned Unit Dev MX: Mixed Use ® MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single - Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - UF: Urban Flex Conditional Zoning 0 100 200 Feet G oP� 1100705 • ' ' 13pp115 ,MX: MixedlUse .. fA 13pp118 0 6 g0 xLL 9040, X09 8 3� 109040 N 1000 O� l� 9� O �O �N Off` �O°-' X35 000 X00 1000 100043'! 1000 All 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41901- 101920. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding Chapter 32.3, Commercial Property Assessed Clean Energy (C -PACE) Financing Program; establishing an effective date; and dispensing with the second reading of this ordinance. WHEREAS, pursuant to Section 15.2- 958.3, Code of Virginia (1950), as amended, localities may adopt an ordinance "to provide loans for the initial acquisition and installation of clean energy, resiliency, or stormwater management improvements" for existing properties and new construction within the locality, and that private lending institutions may participate in such program; WHEREAS, the purpose of this program is to promote and encourage the renovation and construction of commercial, non - profit, and certain multifamily buildings and structures with the incorporation of renewable energy production and distribution facilities, energy usage efficiency improvements, or water usage efficiency improvement through this program; WHEREAS, the establishment of a program for financing clean energy programs pursuant to Section 15.2 -958.3 of State Code supports and enhances the goals and objectives of the City's sustainability programs through the renovation, retrofit, or rehabilitation of existing buildings with qualifying clean energy improvements or the development and construction of new buildings that include qualifying energy efficient features; WHEREAS, pursuant to Section 15.2- 958.3(F) of State Code, City Council conducted a properly advertised public hearing on October 19, 2020, at which public hearing all interested persons were given the opportunity to express their positions regarding the adoption of this program; and WHEREAS, after consideration of all comments made at the public hearing, and all information set forth in the City council Agenda Report dated October 19, 2020, City Council finds that adoption of this program promotes the general health and welfare of the community. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is amended by adding a new Chapter 32.3, Commercial Property Assessed Clean Energy (C -PACE) Financing Program; as follows: Chapter 32.3 — COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C -PACE) FINANCING PROGRAM Sec. 32.3 -1. Purpose and Creation of C -PACE Financing Program A. Pursuant to the C -PACE Act, any Virginia locality may enact an ordinance authorizing a C -PACE program to provide C -PACE loans for the initial acquisition and installation of eligible clean energy, resiliency, and /or stormwater management improvements with willing owners of qualifying properties which may include renovations to existing properties or new construction. Each C -PACE loan shall be secured by a voluntary special assessment lien on the property that is the subject of the C -PACE loan. C -PACE loans shall be repaid in installment payments which shall be due and payable in accordance with the C -PACE program guidelines and financing documents. B. After due consideration, the City Council hereby determines that the promotion and development of a C -PACE program will enhance the renovation of existing buildings and foster the construction of new buildings with energy and /or water efficiency, renewable energy, resiliency and /or storm water management features, resulting in economic growth in the City and the region. The adoption of an ordinance creating a City C -PACE program is in the public interest and fulfills multiple public purposes. C. Therefore, the purpose of this chapter is to create the "Roanoke Commercial Propert y Assessed Clean Energy (C -PACE) Financing Program," in accordance with the C -PACE Act, which shall operate in accordance with the provisions of this Ordinance and the C -PACE Act. Sec. 32.3 -2. Definitions 1. "Amortization Schedule" means an amortization schedule of C -PACE Payments necessary to ray the C -PACE Loan, which is attached to the C -PACE Certificate. 2. "Borrower" means (i) a person as defined in Section 1 -230 of State Code (including g non- profit entity) that is an owner of a Property, which voluntarily obtains a C -PACE Loan under the Program, resulting in a C -PACE Assessment being levied on the tax records of a Property and a C -PACE Lien being recorded on a Property, or (ii) a successor in title to Borrower. 3. "Borrower Certification" means a notarized certificate from Borrower, certifying that (i) Borrower is current on payments on loans secured by a mortgage or deed of trust lien on the Property and on Real Estate Tax payments, (ii) that the Borrower is not insolvent or in bankruptcy proceedings, and (iii) that the title of the Property is not in dispute, as evidenced by a title report or title insurance commitment from a title insurance company acceptable to Program Administrator and Capital Provider. 4. "C- PACE" means Commercial Property Assessed Clean Energy. 5. "C -PACE Act" means Virginia's clean energy financing law, codified at Section 15.2 -958.3 of State Code. 6. "C -PACE Agreement" means the C -PACE Assessment and Financing_ Agreement executed by Borrower, Capital Provider, and the City, which establishes the terms, conditions, responsibilities and obligations of each party in connection with the C -PACE Loan, a form of which C -PACE Agreement is attached to this Ordinance. 7. "C -PACE Amendment" means an Amendment to Levy and Lien of C -PACE Assessment, executed by Capital Provider without consent from Borrower, as permitted in the C- PACE Documents which C -PACE Amendment shall be recorded in the Clerk's Office to evidence each amendment to the C -PACE Loan and C -PACE Lien, a form of which C -PACE Amendment is attached to the C -PACE Agreement. 8. "C -PACE Assessment" means a voluntary, special assessment in the C -PACE Loan Amount, levied against a Property at a Borrower's request, to cover the debt service and any fees of a C -PACE Loan. 9. "C -PACE Assignment" means an Assignment of Levy and Lien of C -PACE Assessment executed by Capital Provider from time to time, which shall be recorded in the Clerk's Office to evidence Capital Provider's assiunment of the C -PACE Loan and C -PACE Lien. a form of which C -PACE Assignment is attached to the C -PACE Agreement. 10. "C -PACE Certificate" means a Certificate of Levy and Lien of C -PACE Assessment, which shall (i) be executed by Borrower, Capital Provider, and the City, ii) include an Amortization Schedule, (iii) include a Borrower Certification, and (iv) be recorded in the Clerk's Office to evidence the C -PACE Loan and C -PACE Lien, a form of which C -PACE Certificate is attached to the C -PACE Agreement. 11. "C -PACE Documents" means the C -PACE Agreement, C -PACE Note, C -PACE Certificate, C -PACE Assignment (if any), C -PACE Amendment (if any), and such other documents as determined by Capital Provider. 12. "C -PACE Expenses" means construction, development and consulting costs directly related to a C -PACE Loan, including without limitation, the cost of labor, materials, machinery, equipment, plans, specifications, due diligence studies, consulting services (e.g., engineering, energy, financial and /or legal expenses), Program fees, C -PACE Loan fees, capitalized interest, interest reserves and /or C -PACE transaction underwriting and closing g osts. 13. "C -PACE Lien" means the voluntary, special assessment lien levied against the Property as security for the C -PACE Loan, which (i) is pari passu (i.e., of equal priority) with the City Real Estate Tax lien; (ii) as to the current C -PACE Payment that is due and any Delinquent C -PACE Payments is senior to (a) all other special assessment liens, and (b) all previously recorded senior liens, provided a Lender Consent is recorded for each such senior lien; (iii) shall run with title to the Property and shall not be extinguished by a foreclosure; and (iv) is secured by the C -PACE Certificate, as may be amended and assigned from time to time in accordance with this Ordinance and the C -PACE Documents. 14. "C -PACE Loan" means a loan made under the Program by a Capital Provider to a Borrower to finance Eligible Improvements to a Property in accordance with the C -PACE Act, this Ordinance, the C -PACE Documents, and the Program Guidelines. 15. "C -PACE Loan Amount" means the aggregate amount of a C -PACE Loan, inclusive of principal, interest, and any financed fees, costs, and /or expenses (including C -PACE Expenses), as provided in the Loan Documents. 16. "C -PACE Note" means a promissory note executed by Borrower made payable to Capital Provider in the original principal amount of the C -PACE Loan, including without limitation, any and all modifications, restructurings, extensions, consolidations, amendments and /or assignments thereof, a form of which C -PACE Note is attached to the C -PACE Agreement. 17. "C -PACE Payments" means the periodic, installment payments of the C -PACE Loan, due and payable by Borrower to Capital Provider to repay the C -PACE Loan in such amounts and at such times as described in the C -PACE Agreement, the C -PACE Certificate, the Amortization Schedule, and the C -PACE Amendments (if any). 18. "Capital Provider" means (i) a third party capital provider that has been approved by Program Administrator in accordance with the Program Guidelines to originate a C -PACE Loan, or (ii) the current holder of a C -PACE Loan. 19. "City" means the City of Roanoke, Virginia, which includes the City treasurer, assessor or other City officials that levy, assess, collect and /or enforce taxes (including Real Estate Tax) for the City. 20. "City Code" means the Code of the City of Roanoke (1979), as amended to date and as it may be hereafter amended. 21. "Clerk's Office" means the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. 22. "Delinquent C -PACE Payment" means any C -PACE Payment that was not paid by Borrower when due, which shall include without limitation, all accrued interest, late fees, and penalties incurred pursuant to the C -PACE Documents. 23. "DMME" means the Virginia Department of Mines, Minerals and Energy. 24. "DMME Guidelines" means the Uniform Statewide Financial Underwriting Guidelines for C -PACE Loans, issued on December 1, 2015, by the PACE Stakeholder Committee organized by DMME. 25. "Eligible Improvement' means any improvement, renovation, addition, construction, installation, modification of or to, a Property or a building located on a Property, if designed to (i) facilitate renewable energy _ production and distribution, (ii) reduce energy consumption, (iii) reduce water consumption, and /or (iv) facilitate resiliency and /or stormwater management, which Eligible Improvements include without limitation, the types of Eligible Improvements listed in Section 32.3 -3 below. 26. "Lender Consent' means a written Lender Consent and Subordination Agreement executed by each mortgage or deed of trust lienholder with a lien on the Property that is the subject of a C -PACE Loan, which allows the C -PACE Lien to have senior priority over the mortgage or deed of trust liens. 27. "PACE" means Property Assessed Clean Energy. 28. "Program" means the City C -PACE financing_ program established to provide C- PACE Loans to Borrowers in accordance with the C -PACE Act, this chapter, the C -PACE Documents, and the Program Guidelines. 29. "Program Administrator" means (i) an independent third party (authorized by written contract with the City), or (ii) a designated City official, which, in either (i) or (ii) above, possesses the authority to administer the Program as provided by State Code, the C -PACE Act, this chapter, and the Program Guidelines. 30. "Program Fees" means the fees authorized by the Act and charged to Borrowers to cover the costs to design and administer the Program, including compensation of Program Administrator and recovery of expenses incurred by the City. 31. "Program Guidelines" means a comprehensive document that establishes the procedures, eligibility rules, responsibilities, disclosures, Program Fees, restrictions, underwriting criteria, and other requirements promulgated, imposed and enforced by Program Administrator for the governance of the Program, as amended from time to time. 32. "Program Manager" means the City Manager or such person designated in writing by the City Manager to supervise the Program and act as liaison with Program Administrator. 33. "Project' means the construction or installation of Eligible Improvements on Property. 34. "Property" means assessable real estate located in the Citv, with all buildines located or to be located thereon, whether vacant or occupied, improved or unimproved and regardless of whether such real estate is currently subject to taxation by the City, but excluding (i) a residential dwelling with fewer than five (5) dwelling units, and (ii) a condominium nroiect as defined in Section 55.1 -2000 of the State Code. 35. "Real Estate Tax" means the local tax on real estate which the City levies pursuant to Title 58 1 Chapter 32 of State Code and Chapter 32 Code of the City of Roanoke (1979) as amended. 36. "State Code" means the Code of Virginia (1950), as amended to date and as it may hereafter be amended. 37. "Virginia" means the Commonwealth of Virginia. Sec. 32.3 -3. Eligible Improvements under the C -PACE Program A. The Program shall be available throughout the City, provided that the Borrower, the Property and the Eligible Improvements all qualify for the Program. The following types of Eligible Improvements may be financed with a C -PACE Loan: (i) renewable energy production and distribution facilities (e.g., solar photovoltaic solar thermal wind wave and /or tidal energy and the storage and /or distribution of the energy produced thereby); (ii) energy usage efficiency ystems e.g., high efficiency lighting and building systems heating ventilation and air conditioning (HVAC) upgrades, air duct sealing high efficiency hot water heating systems, building shell or envelope improvements, reflective roof, cool roof or green roof systems and /or weather - stripping); (iii) water usage efficiency improvements (e.g., recovery, purification, recycling and other forms of water conservation); (iv) construction, renovation or retrofitting of a Property directly related to the accomplishment of any purpose listed in subsections (i), (ii) or (iii), above, whether such Eligible Improvement was erected or installed in or on a building or on the ground, it being the he express intention of the City to allow Eligible Improvements that constitute, or are part of, the construction of a new structure or building to be financed with a C -PACE Loan; or, (v) any other category of improvement approved by Program Manager or Program Administrator as qualifying for financing under the C -PACE Act and the Program. B. The proceeds of a C -PACE Loan may be used to pay C -PACE Expenses. Sec. 32.3 -4. C -PACE Loan Requirements A. C -PACE Loans shall be oriainated by Canital Providers. The Citv and /or its respective governmental entities shall have no obligation to originate or ug aranty any C -PACE Loans. Except for oversight duties set forth in this chapter, the role of the City shall be limited to (i) levying and assessing the C -PACE Assessments and C -PACE Liens, and (ii) enforcing the timely repayment of the C -PACE Loans in the same manner as delinquent Real Estate Taxes are enforced, in accordance with the C -PACE Documents, any applicable City ordinances, and Title 58. 1, Chapters 32 and 39 of State Code, which enforcement action may include (without limitation) conducting a tax foreclosure sale of the Property by public auction. B. The minimum C -PACE Loan Amount that may be financed for each Project is $30,000, and the maximum C -PACE Loan Amount that may be financed for each Project is $20,000,000. There shall be no limit on the total value of all C -PACE Loans to be financed under the Program. C. The interest rate of a C -PACE Loan shall be determined by mutual agreement between Borrower and Capital Provider as provided in the C -PACE Documents. D. The term of a C -PACE Loan shall not the weighted average expected useful life of the improvements or 30 years, whichever is less. E. The C -PACE Loan Amount shall be fully amortized over the tenn of the C -PACE Loan in accordance with the Amortization Schedule as agreed by Borrower and Capital Provider. F. Program Administrator will develop a Program application process for the review and approval of proposed Projects. Program applications will be processed on a first -come, first - serve basis, and all applicants must meet the Program eligibility requirements in the C -PACE Act, this chapter and the Program Guidelines. G. All costs related to the financing, administration, collection, and /or enforcement of the C -PACE Loan and C -PACE Lien shall be borne by Borrower. 'H. Each C -PACE Agreement shall be substantially in the fonn attached as an appendix to this Ordinance (see Sec. 32.3- 8(D)). The C -PACE Agreement may be modified as necessary to further the Program's purpose and to encourage Program participation, provided that (i) all modifications are approved by Program Manager and City Attorney, and (ii) the modifications do not conflict with the C -PACE Act, this chapter, other terms of the C -PACE Documents and /or the Program Guidelines. Sec. 32.3 -5. C -PACE Assessment, C -PACE Loan and C -PACE Lien A. Each C -PACE Loan shall be secured by a C -PACE Lien, and the C -PACE Lien shall be evidenced by the recordation of a C -PACE Certificate in the Clerk's Office. Program Manager, on behalf of the City, is hereby authorized to execute the C -PACE Certificate prior to recordation. Upon complete execution of the C -PACE Documents and funding of the C -PACE Loan, Capital Provider shall record the C -PACE Certificate in the Clerk's Office. B. The C -PACE Lien shall have equal priority with the City Real Estate Tax lien, and the C -PACE Lien shall have priority over any previously recorded lien only if, in connection with the C -PACE Loan closing, (i) a Lender Consent is recorded in the Clerk's Office, and (ii) Borrower has executed the C -PACE Certificate (containing a Borrower Certification). C. In connection with the C -PACE Loan closing, Capital Provider shall deliver a recorded C -PACE Certificate to the City, and the City shall levy the C -PACE Assessment on the tax records of the Property benefitting from the Eligible Improvements. The C -PACE Loan will be repaid by Borrower through C -PACE Payments over a period of years, in such amounts and at such times as set forth in the Amortization Schedule and the C -PACE Documents. Capital Provider shall be responsible for servicing the C -PACE Loan (including billing illing and collection of C -PACE Payments), subject to and in accordance with the provisions of the C -PACE Documents. D The C -PACE Lien shall run with the land. The portion of the C -PACE Loan that has not yet become due shall not be eliminated by foreclosure of a Real Estate Tax lien. Delinquent C -PACE Payments shall be subject to all fees and collection methods permitted under the laws of Virginia for the collection of delinquent Real Estate Taxes. E Only the current C -PACE Payment and any Delinquent C -PACE Payments shall constitute a first lien on the Property (having equal priority with the City_ Real Estate Taxes). Delinquent C -PACE Payments shall (i ) accrue penalties and interest (including default interest) in accordance with the C -PACE Agreement and (ii) be enforced in accordance with the C -PACE Documents any applicable City ordinances including Chapter 32 of City Code, and Title 58.1, Chapters 32 and 39 of State Code which enforcement action may include conducting a tax foreclosure sale of the Property by public auction. F C -PACE Payments and Delinquent C -PACE Payments shall be levied and enforced by the City in the same manner as delinquent Real Estate Taxes are levied and enforced. The City shall be entitled to (i) recover its costs and expenses including reasonable attorneys' fees and costs in the same manner as in a suit to collect delinquent Real Estate Taxes, (ii) charge interest and penalties for Delinquent C -PACE Payments in the same manner as delinquent Real Estate Taxes and (iii) utilize any administrative remedies provided by Virginia law. All collection and enforcement costs expenses interest and penalties incurred by Capital Provider and the City shall (a) be added to the Delinquent C -PACE Payments being collected (b) become part of the aggregate amount sued for and collected (c) be added to the C -PACE Loan Amount, and (d) be secured by the C -PACE Lien The costs and expenses recovered by the City shall be in addition to any costs, expenses interest or other amounts due and owing to Capital Provider. Pursuant to Section X58.1- 3965 1 of the State Code for purposes of enforcing a C -PACE Lien a C -PACE Lien which secures a Delinquent C -PACE Payment shall be enforceable after the December 31st following the first anniversary of a C -PACE Payment having become due. G A transferee of a Property subject to a C -PACE Lien shall assume the obligation to repay all remaining unpaid C -PACE Payments due on the C -PACE Loan (in accordance with the Amortization Schedule) whether the transfer of ownership was voluntary or involuntary. Only the current C -PACE Payment and any Delinquent C -PACE Payments, together with any costs of collection shall be payable at the settlement of a C -PACE Property sale, unless otherwise agreed by the parties. H C -PACE Loans may be transferred assigned or sold by a Capital Provider to another Capital Provider at any time during the C -PACE Loan term without consent from Borrower, the City or any other party, provided that Capital Provider shall (i) record a C -PACE Assignment in the Clerk's Office and (ii) deliver a copy of the recorded C -PACE Assignment to Borrower, the City and Program Administrator. Recordation of the C -PACE Assignment shall constitute an assumption by the new Capital Provider of the C -PACE rights and obligations contained in the C -PACE Documents. I After the recordation of the C -PACE Certificate, Capital Provider may amend the C -PACE Loan and C -PACE Lien from time to time without consent from Borrower, the City or any other party, as permitted in the C -PACE Documents• provided however, in each instance, Capital Provider shall record a C -PACE Amendment in the Clerk's Office and deliver a copy of the recorded C -PACE Amendment to Borrower, the City and Program Administrator. Sec. 32.3 -6. Program Administrator; Program Guidelines A The City may hire a Program Administrator, or delegate the Program administration duties to Program Manager or Capital Provider. The City Manager is authorized to enter into any contract on behalf of the City with reject to the administration of the Program, if necessary. The Program will be designed to minimize the fees and costs that a Borrower must pay for a C -PACE Loan all with the goal of promoting and facilitating participation in the Program. B The principal Program administration duties may include (without limitation) the following (i) creating and modifying the Program Guidelines as necessary' (ii) coordinating the billing and collection process; (iii) processing C -PACE applications to determine eligibility for a C -PACE Loan and related Eligible Improvements• (iv) ensuring compliance with the Program requirements; (v) certifying_ that prospective C -PACE service providers and Capital Providers are eligible to participate in the Program; and NO promoting the Program by performing Program marketing and outreach. C The Program will be self - financed through Program Fees. The initial Program Fee will be $250 per C -PACE Project which may be amended from time to time by the City Manager or the Program Administrator. The Program Guidelines will include the most current Program Fees in effect The Program Fees shall be paid by Borrower in accordance with the C -PACE Documents and the Program Guidelines The Amortization Schedule will include any on -going fees to be included with each C -PACE Payment. D Program Administrator (i) will endeavor to conduct a competitive, open- market Program available to all pre- certified Capital Providers contractors engineers and consultants who apply to provide services or funding for the Program, and (ii) shall not grant any capital provider or service provider an exclusive right to provide services or funding for the Program. E The Program Guidelines will be developed by Program Administrator and approved by the City Manager and shall not conflict with the C -PACE Act, this chapter, or the C- PACE Documents The Program Guidelines will include without limitation, the C -PACE Loan notification requirements and closing process. The Program Guidelines may require Program Administrator to provide a written report with summary information regarding the Program, the portfolio performance of participating Capital Providers or other Program statistics. The Program Guidelines shall become effective only after review by the City Attorney and written approval by the City Manager. The Program Guidelines may incorporate the DMME Guidelines, however, Program Administrator is expressly authorized in its reasonable discretion exercised jointly with the City Manager, to modify the Program Guidelines from time to time in accordance with the intent and purpose of the Program as approved by the City Manager. F In accordance with the cooperative procurement provisions included in Section 2.2- 3404 of the Virginia Public Procurement Act the City may engage, to operate the City's Program, a Program Administrator which has contracted to operate a C -PACE program for another Virginia jurisdiction pursuant to a procurement process which allowed other Virginia jurisdictions to cooperatively_ procure a Program Administrator thereunder. Alternatively, the City _may_ competitively procure a Program Administrator by issuing a Request for Proposal for a Program Administrator. In either event the City may authorize other Virginia jurisdictions to cooperatively procure the services of the City's Program Administrator. Program Administrator shall indemnify, defend and hold the City harmless against any claim brought against the City or any liability imposed on the City as a result of any action or omission to act by Program Administrator in a jurisdiction to which its program administration agreement with the City was extended under such joint and cooperative procurement. Sec 32.3-7. Role of the City; Limitation of Liability Borrowers and Capital Providers participate in the Program at their own risk. The City makes no representation or warranty as to the validity, enforceability, priority, or any other character of any C -PACE Loan C -PACE Lien or C -PACE Documents, and Borrowers and Capital Providers agree to release and hold the City harmless from and against any and all liabilities claims suits liens, judgments damages losses and expenses including without limitation reasonable legal fees and costs arising in whole or in part from acts omissions breaches or defaults of Borrowers or Capital Providers in relation to any C -PACE Loan C -PACE Lien, or C -PACE Documents. Sec. 32.3 -8. Additional Provisions A Every Borrower, on behalf of itself and any affiliated entities (whether in existence at the time of the C -PACE application or created thereafter) and any of its individual shareholders, principals managers or other associated individuals shall (i) waive the right to bid, either directly or indirectly, on the Property at any auction held in the course of foreclosure for delinquent real estate taxes or for Delinquent C -PACE Payments and (b) waive the right to occupy, possess, or use either directly or indirectly, any Property for a period of five (5) years after the date of the foreclosure auction. B The following Borrower waivers shall be included in every C -PACE Agreement and shall be a burden that runs with the land intended to bind successors or assigns in title while any C -PACE Loan remains outstanding: (i) Borrower hereby waives all defenses affirmative or otherwise, to the foreclosure action related to any collection suit brought for the nonpayment of any C -PACE Loan. This waiver shall apply to any litigation action initiated under the laws of Virginia or any administrative collection action afforded to the City treasurer or its duly appointed collection agent; (ii) Borrower hereby waives all defenses to the imposition of personal liability for corporate officers as permitted under Section 58.1- 3965(F) of the State Code and the collection thereof as stated in subparagraph (i) above. C The provisions of this chapter are severable. If a court of competent jurisdiction determines that a word phrase clause sentence paragraph subsection section or other provision is invalid or that the application of any part of this chapter or provision to any person or circumstance is invalid the remaining, provisions of this chapter shall not be affected and shall remain in full force and effect. D A draft Assessment and Financing Agreement (i.e. the contract specifying the terms and conditions of the City's C -PACE Program loan agreements ) is adopted as an appendix to this Ordinance ( "Draft Agreement ") The parties to any Assessment and Financing Agreement shall be Borrower Capital Provider, and the City. Each Assessment and Financing Agreement shall be in 10 substantially the form established by the Draft Agreement with such additions deletions or alterations as permitted by this chapter. At the Request of the Program Administrator, the Program Manager is authorized to modify the Draft Agreement in their joint reasonable discretion, provided that such modifications are approved by the City Attorney. The City Manager is authorized to enter into Assessment and Financing Agreements on behalf of the City. The City Manager may not execute any Assessment and Financing Agreement unless the underwriting requirements and the conditions for the priority status of the C -PACE Lien are met. E The Program Guidelines shall contain the following provisions: (i) These Program Guidelines ( "Guidelines') have been prepared for the purpose of providing a more detailed description of the requirements rules procedures, and fees qpplicable to the City of Roanoke Commercial Property Assessed Clean Energy. (C -PACE) Financing Program ( "Program" )These Guidelines are subject to Chapter 32.3, Code of the City of Roanoke (1979) as amended ( "City Ordinance ") in all respects including, without limitation, the provisions of the City Ordinance governing the amendment of these Guidelines. If there is a conflict between these Guidelines and the City Ordinance the City Ordinance shall govern and control. (ii) THESE GUIDELINES ARE FOR REFERENCE ONLY AND DO NOT CREATE ANY LEGAL RIGHTS IN FAVOR OF ANY BORROWER, CAPITAL PROVIDER, CONTRACTOR OR ANY OTHER PERSON AND THESE GUIDELINES DO NOT IMPOSE ANY LEGAL DUTY OR OBLIGATION ON THE CITY OF ROANOKE, VIRGINIA. This Ordinance shall become effective upon passage. Pursuant to Section 12 of the Charter of the City of Roanoke, the second reading of this ordinance by title is hereby dispensed with. 11 ATTEST: 0 ".�' VkAT City Clerk CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 19, 2020 Subject: Enabling C -PACE Ordinance Background: On November 4, 2019, City Council was briefed on Commercial Property Assessed Clean Energy (C -PACE) financing. C -PACE is a flexible financing tool for new construction or renovation projects that will provide up to 100% financing for energy efficiency, clean energy, resilience or stormwater mitigation portions of a building project. Originally enabled in 2009, State Code provides for financing for clean energy improvements via a special assessment that is linked to the property. This financing is generally easy to obtain, and the loans are particularly favorable to non - profits, small business, as well as large -scale developments. The loans offer attractive interest rates, typically spread over a twenty year period, loan payments are affordable and they are frequently offset by savings generated by lower utility bills. The benefits for the owner include no out -of- pocket expense, increased net operating income, and the debt is transferred to the building and not the owner's balance sheet. Benefits to the community are increased economic development, tax revenue, and improved environmental benefits. Currently in Virginia, C -PACE has been enabled by Arlington, Fredericksburg, Lynchburg, Fairfax County, Loudoun County, Town of Dumfries, Richmond and Norfolk. Considerations: Owners of any real property may participate in this program, except owners of residential dwellings with fewer than five dwelling units or condominium projects. Commercial lenders provide the financing and borrowers (property owners) pay for all fees and costs. The City does not finance or manage the loans and will never be responsible to assume the loan under any circumstances. The City's involvement in this program involves securing the loan and managing the program. The City imposes a voluntary special assessment lien against the property for the value of the loan. The lien runs with the land and all mortgage holders must agree to be subordinate to the lien. If the loan is not paid back, the City can sell the property (like a tax sale) to repay the loan. The City hires (or has a current city employee act as) the "Program Administrator" to manage the program. Program fees will pay all salary and costs of this position. This program allows the property owner to borrow more money for their project than would otherwise be available without this program. Thereby, the City is encouraging clean energy projects and economic development! Recommended Action: Conduct the scheduled public hearing on Monday, October 19, 2020. Following the hearing, adopt the C -PACE Ordinance and Financing Agreement. Allow city staff to execute any and all activities to procure a program administrator and all other necessary actions to implement the program in accordance with the Ordinance and the C -PACE Statute (Virginia Code § 15.2-958.3). -- - - - - -- - ------- - - - - -- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager C -PACE ASSESSMENT AND FINANCING AGREEMENT THIS C -PACE ASSESSMENT AND FINANCING AGREEMENT (this "Agreement ") is made as of [ , 20] ( "Effective Date ") between the City of Roanoke, Virginia ( "City "), [CAPITAL PROVIDER NAME], a organized under the laws of [Virginia] [IF FOREIGN ENTITY ADD: and authorized to do business in Virginia] (together with its successors and /or assigns, "Capital Provider "), and [BORROWER NAME], a organized under the laws of the Virginia [IF FOREIGN ENTITY ADD: and authorized to do business in Virginia] (together with its successors and /or assigns, "Borrower "). The City, Capital Provider and Borrower are referred to herein individually as a "Party" and collectively as the "Parties." Capitalized terms used in this Agreement that are not otherwise defined shall have the meanings set forth in Section 1.01 below. RFCTTAT,C A. Pursuant to the C -PACE Act and Ordinance, the City established the City C -PACE program to facilitate financing for the initial acquisition and installation of Eligible Improvements with willing owners of Eligible Property ( "Program "). The Program allows private financing for Eligible Improvements by utilizing the local C -PACE assessment and collection mechanism to provide security for the repayment of the C -PACE Loan in accordance with the C -PACE Act, Ordinance, Program Guidelines and C -PACE Documents. B. Borrower is the legal and beneficial fee simple title owner /[leasehold owner] of that certain real property, together with all improvements thereon and appurtenances thereto (including without limitation, the Improvements), located in the City and having an address of , as more particularly described in Exhibit A attached hereto and incorporated herein ("Proper " ).1 C. Borrower has applied to the Program to obtain a C -PACE Loan from Capital Provider for the Improvements, which C -PACE Loan is secured by, among other things, the C- PACE Lien. D. In accordance with the Program's energy efficiency eligibility requirements, Borrower has contracted to [renovate or retrofit the Property and /or construct a new building and /or improvements on the Property to reduce energy and /or water consumption and /or install renewable energy systems, resiliency and /or storm water management improvements on the Property]. The C -PACE improvements to be constructed on the Property (1) are generally described in Section 11 of the Loan Schedule and more particularly described in the Construction Contract, (2) meet the requirements of the C -PACE Act and Ordinance, and (3) shall be 1 Note to Drafter: If Borrower has a leasehold interest in a long -term lease, this Agreement will need to be revised to include the fee simple owner as a party and to incorporate certain other provisions related to the leasehold structure as may be required by Capital Provider and the City. Additionally, if the transaction structure involves a PACE - secured Power Purchase Agreement, this Agreement will need to be revised to include relevant provisions required by Capital Provider and the City. permanently affixed to the Property and installed in accordance with the Program Guidelines and C -PACE Documents ( "Improvements"). E. Borrower (1) has completed the Program application requirements, including without limitation, obtaining a Lender Consent from each Mortgage Lender, and (2) has agreed to the recordation of the C -PACE Lien against the Property in the C -PACE Loan Amount. F. Capital Provider has agreed to provide the C -PACE Loan for the Improvements on the condition of Borrower's agreement to repay the C -PACE Loan and subject to the terms and conditions contained in the C -PACE Documents, including without limitation, Borrower's execution and delivery of the C -PACE Note to Capital Provider. G. The City has agreed to levy, assess, and enforce the C -PACE Lien in the same manner as the City levies, assesses, and enforces Real Estate Taxes on the Property, subject to the terms and conditions contained in the C -PACE Documents. H. Capital Provider shall handle the billing and collection for the C -PACE Loan, and Borrower shall repay the C -PACE Loan to Capital Provider in accordance with the C -PACE Documents. During the Term, Capital Provider will apply the C -PACE Payments to the outstanding C -PACE Loan Amount as provided in the Amortization Schedule. I. The Parties have determined that the most efficient and effective way to implement the financing, acquisition, construction and installation of the Improvements and to further the public purposes contained in the C -PACE Act and Ordinance is through this Agreement, pursuant to the C -PACE Act and Ordinance and on the terms contained in the C -PACE Documents, with (1) Capital Provider funding the C -PACE Loan; (2) Borrower acquiring, constructing, and installing the Improvements and timely making the C -PACE Payments to fully repay the C -PACE Loan to Capital Provider; and (3) the City levying, assessing and enforcing the C -PACE Lien. J. Borrower, Capital Provider and the City desire to set forth their respective rights and obligations relating to the C -PACE Loan in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, and for Ten Dollars cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 2 ARTICLE I INTERPRETATION Section 1.01. Definitions. Unless otherwise defined herein, capitalized terms in this Agreement shall have the same meanings as set forth in the Ordinance. 2 "Agreement" is defined in the Preamble, and all references to the Agreement shall include all exhibits and schedules attached to the Agreement. "Assignment and Assumption Agreement" is defined in Section 4.14 of this Agreement. "Budget" means the detailed budget of all costs necessary to purchase, install, and /or construct the Improvements in accordance with the Plans. "Business Day" means any day other than a Saturday, Sunday, federal holiday or state holiday in Virginia on which Capital Provider and City are open for business. "C -PACE Advance" means an advance of the C -PACE Loan proceeds made by Capital Provider to Borrower during the Construction Period in accordance with the terms and conditions of this Agreement. "C -PACE Advance Schedule" means that certain schedule of C -PACE Advances, which is attached hereto and incorporated herein as Schedule II. "Capitalized Interest" means the interest that accrues on the C -PACE Loan (at the Interest Rate) from the Closing Date to the Repayment Start Date, which shall be capitalized into the C -PACE Loan amount, as reflected on the Amortization Schedule. "Closing" means the closing of the transactions contemplated by this Agreement, which shall take place on the Closing Date. "Closing Conditions" is defined in Section 2.04 of this Agreement. "Closing Date" means the Effective Date. "Completion Certificate" means a certificate of completion executed by Borrower and Contractor in form and substance satisfactory to Program Administrator and Capital Provider in its reasonable discretion. "Completion Date" means the date on which all of the following events have occurred: (i) construction of the Improvements has been completed in accordance with the Plans, in a lien - free condition, except for the Permitted Liens and any other liens that Borrower is appealing or contesting by appropriate legal or other proceeding (which shall be promptly initiated and 2 Note to Dra ter.• Prior to finalizing Agreement, confirm that final Ordinance definitions match Agreement definitions. 3 conducted by Borrower in good faith and with due diligence); (ii) Borrower has delivered a fully- executed Final Lien Waiver and a fully- executed Completion Certificate to Capital Provider; (iii) Borrower has delivered a temporary or final certificate of occupancy to Capital Provider, if required for the Improvements; (iv) all required approvals, reports and information required to be submitted to Capital Provider and /or the City have been submitted and approved, and (v) all other requirements of the C -PACE Documents have been satisfied. The Completion Date is estimated to occur on or before [ , 20_]. Notwithstanding anything to the contrary contained in this Agreement, the Completion Date shall occur no later than [ , 20_], unless otherwise approved by Capital Provider, in its reasonable discretion. "Construction Contract" means that certain fully- executed construction contract dated [ , 20] between Borrower and Contractor. "Construction Period" means the period of time beginning on the Closing Date and ending on the Completion Date. "Contractor" means [name of general contractor], a general contractor that is licensed, bonded and insured in Virginia, and has been qualified for the Program by the Program Administrator and approved by Capital Provider. If Contractor is changed, Borrower shall obtain (a) confirmation from the Program Administrator that the new Contractor has qualified for the Program and (b) prior written consent from Capital Provider approving the replacement contractor. "Default Interest" means the annual interest that accrues on a Delinquent C -PACE Payment (or portion thereof) at the Default Rate, if Borrower defaults under the C -PACE Documents or an Event of Default occurs. Computations of Default Interest shall be based on a year of 360 -days but shall be calculated for the actual number of days in the period for which Default Interest is charged. "Default Rate" means the lower of [ percent (_ %)] per annum or the highest annual interest rate allowed by applicable law, in connection with a Delinquent C -PACE Payment. "Delinquency" is defined in Section 5.01 of this Agreement. "Disbursement Conditions" is defined in Section 2.05 of this Agreement. "Disbursement Memorandum" means that certain memorandum containing the Closing disbursements and wiring instructions for the transactions contemplated by this Agreement, which shall be executed by Borrower, Capital Provider, and the City at Closing, a form of which is attached hereto and incorporated herein as Exhibit I. "Effective Date" is defined in the Preamble. "Eligible Property" means all assessable real estate located within the City, with all buildings located or to be located thereon, whether vacant or occupied, whether improved or unimproved, and regardless of whether such real estate is currently subject to taxation by the City, other than (a) any condominium project as defined in §55.1 -2000 of the State Code, or (b) 0 any residential property containing four (4) or fewer dwelling units. "Environmental Claim" means any investigation, notice, notice of violation, claim, action, suit, proceeding, demand, abatement order or other order or legally binding directive, by any Governmental Authority or any other Person, arising (a) pursuant to or in connection with any actual or alleged violation of any Environmental Law; (b) in connection with any Hazardous Material or any actual or alleged Hazardous Materials Activity; or (c) in connection with any actual or alleged damage, injury, threat or harm to health and safety of any Person or to natural resources or the environment. "Environmental Laws" means any and all federal or state (or any subdivision of either of them) statutes, ordinances, directives, orders, rules, regulations, judgments, governmental authorizations, or any other requirements of Governmental Authorities relating to (a) environmental matters, including those relating to any Hazardous Materials Activity; (b) the generation, use, storage, transportation or disposal of Hazardous Materials; or (c) occupational safety and health, industrial hygiene, land use or the protection of human, plant or animal health or welfare, in any manner applicable to Borrower or the Property. "Event of Default" has the meaning given such term in Section 5.01 of this Agreement. "Exclusivity Covenants" means the covenants and undertakings of Borrower and its affiliates, for the benefit of Capital Provider, whereby Borrower shall not (a) solicit, initiate or encourage submission of proposals or offers from any third person, relating to any acquisition or purchase of a subsequent C -PACE Loan on the Property, or (b) participate in any discussions or negotiations regarding, or furnish any information or otherwise cooperate in any way with, facilitate or encourage any effort or attempt by any person to purchase a subsequent C -PACE Loan on the Property, so long as the C -PACE Loan obtained herein is outstanding. "Failure to Complete Fee" is defined in Section 10 of the Loan Schedule. "Final Conditions" is defined in Section 2.06 of this Agreement. "Final Lien Waiver" means a final lien waiver and release approved by Capital Provider in its reasonable discretion and executed by Contractor and Borrower, which shall be in a form acceptable to Capital Provider. "Governmental Authority" means any federal, state, municipal, county, national or other government, governmental department, commission, board, bureau, court, agency, instrumentality or political subdivision thereof or any entity, officer or examiner exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to any government or any court, in each case whether associated with a state of the United States, the United States, or a foreign entity or government. "Hazardous Materials" means any chemical, material or substance, exposure to which is prohibited, limited or otherwise regulated pursuant to any Environmental Law. "Hazardous Materials Activity" means any past, current, proposed or threatened activity, event or occurrence involving any Hazardous Materials, including the use, manufacture, possession, storage, holding, presence, existence, location, Release, threatened Release, discharge, placement, generation, transportation, processing, construction, treatment, abatement, removal, remediation, disposal, disposition or handling of any Hazardous Materials, and any corrective action or response action with respect to any of the foregoing. "Improvements" is defined in Recital D of this Agreement. "Indemnified Party" is defined in Section 4.10 of this Agreement. "Insolvency Event" means an event in which Borrower has (a) consented to the appointment of a conservator or receiver or liquidator in any insolvency, bankruptcy, readjustment of debt, marshalling of assets and liabilities or similar proceeding relating to Borrower or relating to all or substantially all of Borrower's property; (b) failed to pay its debts as they become due and such failure has not been cured within thirty (30) days after the event; (c) admitted in writing its inability to pay its debts as they become due; (d) filed a petition to take advantage of any applicable insolvency or reorganization statute; (e) made an assignment for the benefit of its creditors; (f) has filed against it a petition for involuntary bankruptcy or some other involuntary insolvency proceeding which is not dismissed within thirty (30) days; or (g) voluntarily suspended payment of its obligations. "Interest Rate" means the fixed annual interest rate accruing on the C -PACE Loan, as determined by Capital Provider, which equals [ percent (_%)] per annum. "Lien Waiver" means a lien waiver and release (other than a Final Lien Waiver) approved by Capital Provider in its reasonable discretion and executed by Contractor and Borrower, certifying to Capital Provider that all materials furnished and work performed under the Construction Contract to date have been fully paid (except for any retainage allowed by the Construction Contract and any outstanding change requests) and confirming that there will be no mechanics' liens or claims therefor by Contractor or any subcontractors with respect to the amounts covered in the Lien Waiver. "Loan Schedule" means that certain C -PACE Loan Schedule attached hereto and incorporated herein as Schedule I. "Mortgage Lender" means each lender entitled to the benefits of a security interest in the Property, whether evidenced by an existing security instrument recorded in the Clerk's Office against the Property, or a security instrument to be recorded in connection with the Closing. "Ordinance" means the "City of Roanoke Commercial Property Assessed Clean Energy (C -PACE) Ordinance," adopted on [ , 20], in accordance with the C -PACE Act, which establishes the Program. "Party" and "Parties" are defined in the Preamble. "Permitted Liens" means the permitted title exceptions or liens affecting Borrower, the Property or Project that have been approved by Capital Provider, as set forth on Exhibit H attached hereto and incorporated herein. 2 "Plans" is defined in Section 3.05 of this Agreement. "Release" means any release, spill, emission, leaking, pumping, pouring, injection, escaping, deposit, disposal, discharge, dispersal, dumping, leaching or migration of any Hazardous Material into the indoor or outdoor environment (including the abandonment or disposal of any barrels, containers or other closed receptacles containing any Hazardous Material), including the movement of any Hazardous Material through the air, soil, surface water or groundwater. "Repayment Date" means the due date for each of Borrower's C -PACE Payments during the Term, which is , as provided in the Amortization Schedule. "Repayment Start Date" means the first Repayment Date that occurs after the Completion Date. "Term" means a period of years, beginning on the Repayment Start Date and ending on the date on which the C -PACE Loan and any other amounts owed pursuant to the C -PACE Documents have been repaid in full in accordance with the C -PACE Documents. Section 1.02. Recitals; Conventions. The recitals set forth at the beginning of this Agreement ( "Recitals ") are true, complete and correct in all respects and are incorporated herein as substantive provisions of this Agreement. Unless otherwise expressly provided in this Agreement: (a) references to Persons include their successors and permitted assigns, and whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter, and singular or plural, forms; (b) the terms "include," "includes" or "including" shall be deemed to be followed by the phrase "without limitation;" and, (c) references to the Recitals, Articles, Sections, Exhibits and Schedules mean the recitals, articles, sections, exhibits and schedules referenced in or attached to this Agreement, respectively. ARTICLE II C -PACE LOAN Section 2.01. C -PACE Loan for Improvements; Material Terms. Capital Provider will provide the C -PACE Loan to Borrower for the construction of the Improvements, and Borrower hereby agrees to (a) use the proceeds of the C -PACE Loan solely to pay for the costs of constructing the Improvements and the other C -PACE Expenses required to be paid in connection therewith, and (b) cause the C -PACE Loan to be repaid on the terms and conditions contained in the C -PACE Documents. The C -PACE Loan will be provided during the Term, unless the C -PACE Loan is prepaid (if permitted) in accordance with this Agreement. During the Term, interest shall accrue on the unpaid principal balance of the C -PACE Loan at the Interest Rate. The Interest Rate 7 is not necessarily the lowest rate charged by Capital Provider. The C -PACE Loan will be fully - amortized over the Term as shown on the Amortization Schedule. Section 2.02. Absolute Obligation; Evidence of Indebtedness. This Agreement is an "evidence of indebtedness" for all purposes, it being the express intent of the Parties that this Agreement, together with the C -PACE Note, contains all of the loan and repayment terms and provisions imposing the C -PACE Lien against the Property for the benefit of Capital Provider. The debt evidenced by the C -PACE Note is a commercial (and not a consumer) loan for the specific purpose of financing the Improvements on the terms and conditions set forth in this Agreement. Borrower hereby promises and agrees to repay the C -PACE Loan, as such amount may be increased during the Term to include applicable interest, Default Interest, fees and /or C- PACE Expenses, in accordance with the provisions of the C -PACE Act, Ordinance, C -PACE Documents and other applicable law. Borrower hereby agrees that the C -PACE Loan and related C -PACE Lien will not be subject to reduction, offset or credit of any kind for any reason, subject to the payment of any fees and /or prepayment amounts due as set forth in the Loan Schedule. Section 2.03. Security /Collateral for C -PACE Loan. To secure the C -PACE Loan, Borrower hereby grants to Capital Provider the C -PACE Lien. Borrower and the City hereby consent to the C -PACE Certificate being recorded against the Property for the benefit of Capital Provider to evidence the C -PACE Lien, as security for the repayment of the C -PACE Loan. Borrower and City acknowledge and agree to the imposition of the C -PACE Lien on the Property as a priority lien (whose current and delinquent installments shall be equal in priority with Real Estate Taxes and senior to any other City assessments, financings or fees levied on the Property) to secure the C -PACE Loan, enforceable against the Property as provided in the C -PACE Act, Ordinance and C -PACE Documents.3 Section 2.04. Funding; Conditions Precedent to Closing. On the Closing Date, Capital Provider shall make an initial Advance of the C -PACE Loan in accordance with the Disbursement Memorandum, subject to the Closing Conditions. The remaining, unadvanced portion of the C- PACE Loan Amount will be advanced by Capital Provider (or its designee) for the benefit of Borrower from time to time in accordance with this Agreement or a separate disbursement agreement executed by Borrower and Capital Provider. In connection with Closing and prior to Capital Provider funding the C -PACE Loan, the following conditions precedent to Closing shall be fully satisfied, in Capital Provider's sole and absolute discretion, or waived in writing by Capital Provider ( "Closing Conditions "): (a) Borrower shall have provided to Capital Provider fully- executed originals of the C- PACE Documents. (b) Borrower shall have disclosed all financial liens and /or encumbrances on the Property, and the title report for the Property shall have been updated prior to Closing, confirming that no additional matters of record exist. (c) The final, fully- executed Construction Contract shall have been approved by Capital Provider. 3 Note to Drafter: Subject to confirmation of City Code provisions regarding tax and assessment waterfall. (d) The current Plans and current Budget shall have been approved by Capital Provider. (e) Borrower shall have provided to Capital Provider evidence satisfactory to Capital Provider of current insurance policies on the Property as required by this Agreement. (f) Borrower shall be current on all payments of (i) debt service for indebtedness secured by a lien on the Property, and (ii) Real Estate Taxes and other assessments levied on the Property, and Borrower shall have delivered the executed Borrower Certification to Capital Provider and City. [INSERT ADDITIONAL ORDINANCE REQUIREMENTS OR OTHER REQUIREMENTS.] (g) Program Administrator and Capital Provider shall have received the fully- executed C -PACE Certificate and confirmation that the C -PACE Certificate has been recorded in the Clerk's Office. (h) All Lender Consents shall have been approved by Capital Provider, and Capital Provider shall have received copies of all fully- executed Lender Consents and confirmation that all Lender Consents have been recorded in the Clerk's Office. (i) Program Administrator has completed its review of the transaction contemplated by this Agreement and has determined that the transaction meets the Program requirements and is in compliance with the Program Guidelines, as evidenced by written notice from Program Administrator to Capital Provider. 0) Borrower shall have submitted such additional documents as Capital Provider may reasonably require, all in form and substance satisfactory to Capital Provider in its reasonable discretion. (k) [INSERT ADDITIONAL CLOSING CONDITIONS REQUIRED BY CAPITAL PROVIDER]. Section 2.05. Conditions Precedent to Disbursements. Capital Provider's obligation to make any C -PACE Advances (excluding the final C -PACE Advance, which is addressed in Section 2.06 below) shall be subject to the complete satisfaction of the following conditions precedent, in Capital Provider's sole and absolute discretion ( "Disbursement Conditions "): (a) Borrower's continued satisfaction of all Closing Conditions (other than those that correspond solely to an earlier date). (b) The final Plans and the final Budget, in each case as then in effect, shall have been approved by Capital Provider. (c) Upon Capital Provider's request, Borrower shall have provided copies of all existing permits received as of such date and not previously delivered to them. (d) Borrower shall be in compliance in all material respects with the terms and conditions of the C -PACE Documents, and no default or Event of Default shall have occurred and be continuing in connection with the C -PACE Documents. E (e) No order or notice shall have been given by any Governmental Authority stopping construction or stating that the work or construction is in violation of any law, ordinance, code or regulation that could reasonably be expected to have a material adverse effect on the Project, unless such order or notice has been rescinded or stayed, and a copy of such rescission or stay has been delivered to and shall be satisfactory to Capital Provider in its sole discretion. (f) All C -PACE Advances shall be made in accordance with this Agreement and the C -PACE Advance Schedule, or as otherwise mutually agreed by the Parties. (g) [INSERT ADDITIONAL DISBURSEMENT CONDITIONS REQUIRED BY CAPITAL PROVIDER]. Section 2.06. Conditions Precedent to Final C -PACE Advance. Capital Provider's obligation to make the final C -PACE Advance shall be subject to the satisfaction of the following conditions precedent, in Capital Provider's sole and absolute discretion ( "Final Conditions "): (a) Continued satisfaction of all Closing Conditions and all Disbursement Conditions (in each case, other than those that correspond solely to an earlier date). (b) Construction of the Improvements has been completed in accordance with the Plans, in a good and workmanlike condition, lien -free except for the Permitted Liens and any other liens that Borrower is appealing or contesting by appropriate legal or other proceeding (which shall be promptly initiated and conducted by Borrower in good faith and with due diligence). (c) Borrower has delivered a fully- executed Final Lien Waiver to Capital Provider and a fully- executed Completion Certificate to Program Administrator and Capital Provider. (d) Borrower has delivered a temporary or final certificate of occupancy (as applicable) and all engineer's and architect's certifications (as applicable) to Capital Provider. (e) All required approvals, reports and information required to be submitted to Capital Provider and /or the City have been submitted and approved. (f) All other requirements of the C -PACE Documents have been satisfied. (g) [INSERT ADDITIONAL FINAL CONDITIONS REQUIRED BY CAPITAL PROVIDER]. Section 2.07. Amount and Frequency of C -PACE Advances. This provision is contained in Section 3 of the Loan Schedule. Section 2.08. Repayment of C -PACE Loan. (a) No C -PACE Payments shall be due from Borrower until the Repayment Start Date. Borrower and Capital Provider shall execute a written acknowledgement of the Completion Date (and any related dates) for purposes of updating the Amortization Schedule. 10 (b) Beginning on the Repayment Start Date and continuing on each Repayment Date during the Term, Borrower shall make the C -PACE Payments to Capital Provider, in accordance with the Amortization Schedule. It is a material provision of the C -PACE Loan that Borrower timely makes each C -PACE Payment on or before its respective Repayment Date. (c) Borrower acknowledges and agrees that (i) the C -PACE Lien shall run with the title to the Property and shall automatically bind all successor owners of the Property until the C -PACE Loan is paid in full and the C -PACE Lien is released by Capital Provider in accordance with the C -PACE Documents; and (ii) the C -PACE Loan may not be prepaid, in whole or in part, except as provided in Section 4(d) of the Loan Schedule. Section 2.09. Expenses of Capital Provider. Borrower shall pay all reasonable, documented out -of- pocket costs associated with the C -PACE Loan, including without limitation, any reasonable attorney's fees, third party reports, bank inspector fees, lien searches, filing fees, recordation taxes, other taxes, insurance premiums, etc., whether or not Closing occurs, which fees shall be capitalized into the C -PACE Loan at Closing as shown on the Amortization Schedule and Disbursement Memorandum. Section 2.10. Failure to Complete the Improvements. This provision is contained in Section 10 of the Loan Schedule. Section 2.11. Borrower's Failure to Repay C -PACE Loan. If Borrower fails to pay all or part of the C -PACE Loan when due, the Parties hereby acknowledge and agree to the following: (a) Borrower's failure to pay each C -PACE Payment on or before the respective Repayment Date will (i) result in an Event of Default, causing penalties and interest to accrue in favor of Capital Provider on the Delinquent C -PACE Payment and any other amounts due, (ii) result in a late fee due and owing to Capital Provider in the amount of [ percent (_ %)] of the Delinquent C -PACE Payment, without regard to the period of time that such C -PACE Payment has been delinquent. (b) A Delinquent C -PACE Payment (or portion thereof) will also accrue Default Interest at the Default Rate from the date such C -PACE Payment was due until it is paid in full in accordance with the C -PACE Documents. The Default Interest shall be added to the C -PACE Loan balance and shall continue to accrue Default Interest thereafter unless and until all accrued and unpaid Default Interest is paid in full. The late fee and Default Interest shall be due and owing to Capital Provider, in addition to any other C -PACE Expenses due and owing to the City. (c) C -PACE Payments shall continue to be levied as special assessments in accordance with the existing Amortization Schedule, notwithstanding Borrower's failure to pay timely all or part of any past C -PACE Payment. From time to time during the Term, Capital Provider may provide an amended Amortization Schedule that (i) includes the then - current accrued and unpaid interest, Default Interest, penalties, expenses and collection costs due to Capital Provider in connection with the C -PACE Loan, and (ii) will be attached to a C -PACE Amendment. Capital Provider will record the C -PACE Amendment in the Clerk's Office against the Property and will provide a recorded copy of the C -PACE Amendment to Program Administrator, Borrower and the City. 11 ARTICLE III BORROWER'S REPRESENTATIONS AND WARRANTIES Borrower hereby represents and warrants to and for the benefit of Capital Provider and the City that the statements contained in Section 1 of the Loan Schedule and the statements contained in Article III of this Agreement are true, complete and correct as of the Effective Date and will be true, complete and correct as of the Completion Date and during the Term: Section 3.01. Organization and Authority. Borrower is a [INSERT TYPE OFENTITYAND STATE], duly organized[, OR and] validly existing [and in good standing ]in the state of its organization and with authority to do business under the laws of Virginia. Borrower has all necessary power and authority to own[lease] the Property, conduct its business and enter into the transactions contemplated by this Agreement. Borrower has the right to enter into and perform this Agreement, and the execution, delivery and performance of this Agreement, the C -PACE Documents and all other documents executed in connection therewith have been duly authorized, executed and delivered and constitute the legal, valid and binding obligations of Borrower, each enforceable in accordance with its respective terms. Borrower shall maintain in full force and effect at all times its existence, rights, privileges, and franchises and shall qualify and remain qualified in all jurisdictions where qualification is required. Section 3.02. Financial Statements. All financial statements delivered to Capital Provider are true, complete and correct, have been prepared in accordance with generally accepted accounting principles (or such alternate accounting method acceptable to Capital Provider) consistently applied, fairly represent the financial condition of Borrower as of the date thereof, and no material adverse change has occurred in the financial condition presented therein since such date. Section 3.03. No Litigation. There are no actions, suits or proceedings pending, or to the knowledge of Borrower threatened, against or affecting Borrower or the Property, which could have a material adverse effect on Borrower, its financial condition, the Property, Improvements, Project, or Borrower's ability to satisfy its obligations under this Agreement. Section 3.04. Title. Borrower has good, marketable and insurable fee simple /[leasehold] title to the Property, and there are no liens or encumbrances on the Property other than the Permitted Liens. Prior to the completion of the Project, Borrower shall preserve and retain title to the Property. When completed, Borrower will be the sole [leasehold ]owner of the Property, Improvements and all equipment related to the Project. Section 3.05. Compliance With Laws. Borrower has complied with, and will continue to comply with, all applicable statutes, regulations and ordinances in connection with the Property and construction of the Improvements. All permits, consents, approvals and authorizations required to be issued by any governmental body necessary for (a) the construction of the Improvements in accordance with the plans and specifications submitted by Borrower and which are incorporated into the Construction Contract ( "Plans "); (b) the construction, connection and operation of all utilities necessary to service the Improvements; and (c) the construction and use 12 of all roadways, driveways, curb cuts and other vehicular or other access to and egress from the Improvements, as shown on the Plans either (1) have been obtained, are valid, are in full force and effect and have been complied with by Borrower in all respects; or (ii) will be obtained, will be valid, will be in full force and effect prior to the initiation of construction, and Borrower will be in compliance therewith in all respects prior to Capital Provider's disbursing any C -PACE Loan proceeds. Construction of the Improvements in accordance with the Plans will comply with applicable zoning, use, building or other applicable codes, laws, regulations and ordinances and any restrictive covenants affecting the Property. Section 3.06. Approval of Plans and Budgets. Each set of Plans, upon submission to Capital Provider, shall represent a true and accurate reflection of the Project (at the time of submission) and shall have been approved as required by all governmental bodies or agencies having jurisdiction or will be approved prior to Borrower making its first disbursement request. Upon submission to Program Administrator and Capital Provider, the Budget shall represent an accurate, current estimate of all costs necessary to construct the Improvements in accordance with the Plans. The construction costs for the Improvements (or any portion thereof) shall not exceed the cost therefor contained in the Budget. Borrower is responsible for any costs in excess of the Budget. Section 3.07. No Conflicts; Compliance With Documents. Borrower's execution and delivery of this Agreement and compliance with the provisions hereof, do not and will not, in any material respect, conflict with or constitute on the part of Borrower a breach or default under any agreements or instruments to which Borrower is a party or by which Borrower is bound. No default or Event of Default has occurred hereunder, and no event has or shall have occurred and /or be continuing, which with the passage of time or the giving of notice, or both, would constitute a default or an Event of Default under the C -PACE Documents. No foreclosure action is currently threatened or has been commenced with respect to the Property, and Borrower is not currently in default on any mortgage loans secured by the Property. Section 3.08. No Misrepresentation or Material Nondisclosure. The information provided by Borrower to Program Administrator, Capital Provider and the City in the Program application and the C -PACE Documents was true and correct as of the effective date of each document and will remain true and correct during the Term. Borrower has not made and will not make to Program Administrator, Capital Provider or the City, in the Program application, C -PACE Documents or otherwise, any untrue statement of a material fact, and Borrower has not omitted and will not omit to state a material fact, the omission of which makes any statement misleading. All information provided by Borrower to Program Administrator and /or Capital Provider in writing or in electronic format is true, complete and correct in all material respects. Section 3.09. Insurance. Borrower has provided to Capital Provider satisfactory evidence of current insurance on the Property, meeting Capital Provider's requirements set forth in Section 12 of the Loan Schedule. Section 3.10. Environmental Laws. Borrower does not and will not engage in operations that involve the generation, manufacture, refining, transportation, treatment, storage or handling of Hazardous Materials or hazardous wastes (as defined in any Environmental Laws), and the Property has not been so used previously, except as previously disclosed in writing to Capital 13 Provider. There are no underground storage tanks located on the Property. There is no past or present non - compliance with Environmental Laws in connection with the Property, which has not been fully remediated in accordance with Environmental Laws. There is no environmental remediation required (or anticipated to be required) with respect to the Property. Borrower does not know of, and has not received, any written or oral notice or other communication from any Person relating to (a) any Hazardous Materials or remediation thereof, (b) the possible liability of any Person pursuant to any Environmental Law or other environmental conditions in connection with the Property, or (c) any actual or potential administrative or judicial proceedings in connection with the foregoing. Section 3.11. Improvements. The Improvements are in compliance with the C -PACE Act, Ordinance, Program Guidelines and C -PACE Documents. Section 3.12. Damage, Destruction or Condemnation. These provisions are contained in Sections 1(a) and 1(b) of the Loan Schedule. Section 3.13. Lienholder Consent. Borrower has disclosed to Capital Provider the identities of all Mortgage Lenders and has obtained and delivered to Capital Provider a Lender Consent for each Mortgage Lender to be recorded in connection with Closing. No Lender Consent has been withdrawn or revoked as of the Effective Date. Section 3.14. Repayment of C -PACE Loan. Borrower shall repay the C -PACE Loan and all other amounts due under the C -PACE Documents at the times and in the amounts required by the Amortization Schedule and C -PACE Documents. Section 3.15. Incorporation of Representations and Warranties. Each request by Borrower for a C -PACE Advance shall constitute a covenant and certification by Borrower that the representations and warranties contained herein are true, complete and correct as of the date of each C -PACE Advance request. Section 3.16. Commercial Purpose. Borrower shall use the proceeds of the C -PACE Loan only for purposes specified in this Agreement. The primary purpose of the C -PACE Loan is for a commercial and business purpose, and the proceeds of the C -PACE Loan will not be used for personal, family or household purposes. ARTICLE IV ADDITIONAL COVENANTS AND AGREEMENTS Borrower hereby makes to and for the benefit of Capital Provider and the City the covenants and agreements contained in Section 1 of the Loan Schedule and the covenants and agreements contained in Article IV of this Agreement as of the Effective Date and during the Term: Section 4.01. Compliance With C -PACE Act. Borrower has read the C -PACE Act and Ordinance, and Borrower covenants and agrees to comply in all respects with the provisions of the C -PACE Act and Ordinance. Borrower acknowledges and agrees that the C -PACE Loan (and each C -PACE Payment) shall be collected by Capital Provider in accordance with the C -PACE Documents. The C -PACE Lien shall be enforced in the same manner as the Real Estate Taxes are 14 enforced by the City, including the collection of any penalties or fees and the exercise of any remedies, all in accordance with the C -PACE Documents. Section 4.02. Maintenance of Property. Borrower shall, at all times, maintain the Property and, after construction, the Improvements, in good condition and repair. Borrower shall pay when due all taxes and assessments (including the Real Estate Taxes and the C -PACE Payments), water charges, sewer charges and all other charges levied on or against the Property, and upon written request, submit to Capital Provider official receipts evidencing such payments. Section 4.03. Construction Start and Completion. Borrower shall commence construction of the Improvements and shall diligently proceed with construction of the Improvements (in accordance with the approved Plans and Budget) in a good and workmanlike manner in accordance with all applicable laws, ordinances, codes, rules and regulations. Construction of the Improvements shall be completed on or prior to the Completion Date. Section 4.04. Protection Against Liens. Borrower shall promptly pay and discharge all claims for labor performed and materials and services furnished in connection with construction of the Improvements and shall take all other steps necessary to prevent the assertion of mechanics' or materialmen's claims or liens either against the Property or the Improvements. Section 4.05. Construction Inspections; Reports. Capital Provider, the City and /or their respective representatives shall have the right at all reasonable times to enter upon the Property and inspect the construction of the Improvements. Borrower shall permit Capital Provider and the City to examine all records and other documents relating to the Property and the Improvements and to perform such examinations or energy audits as may be necessary to confirm compliance with the C -PACE Act, Ordinance and /or C -PACE Documents. Section 4.06. Periodic Reports /Certifications. During the Construction Period, Borrower shall provide to Capital Provider and the City upon reasonable request (but not more than once every six (6) months), a written statement, certified as true, correct and complete, setting forth the status of the Improvements and all sources and uses of funds with respect to the Improvements, a current actual Budget analysis and an updated schedule for the completion of the Improvements, a current list of all directors and officers [members and managers] of Borrower and such other information as Capital Provider and /or the City may require. Section 4.07. Notice of Claims; Adverse Matters. Borrower shall promptly notify Capital Provider and the City in writing of all pending or threatened litigation or other matters that may materially adversely affect the Property, Improvements or Borrower's ability to meet its obligations under the C -PACE Documents. Section 4.08. Indemnification. Without limitation of any other obligation or liability of Borrower or any right or remedy of Capital Provider or the City contained herein, Borrower agrees to indemnify and hold harmless Program Administrator, Capital Provider and the City, as well as their respective directors, officers, employees, agents, subsidiaries and affiliates (each, an "Indemnified Party "), from and against all damages, losses, settlement payments, obligations, liabilities, claims, suits, penalties, assessments, citations, directives, demands, judgments, actions or causes of action, whether statutorily created or under the common law, including all costs and 15 expenses (including, without limitation, reasonable fees and disbursements of attorneys, engineers and consultants) and all other liabilities whatsoever (including, without limitation, liabilities under any applicable environmental laws, regulations or rules) which shall at any time or times be incurred, suffered, sustained or required to be paid by any Indemnified Party (except any of the foregoing which result from the gross negligence or willful misconduct of an Indemnified Party) on account of or in relation to or in any way in connection with any of the arrangements or transactions contemplated by, associated with or ancillary to this Agreement, the C -PACE Documents, or any other documents executed or delivered in connection herewith or therewith, all as the same may be amended from time to time, whether or not all or part of the transactions contemplated by, associated with or ancillary to this Agreement, the C -PACE Documents, or any other documents are ultimately consummated, resulting from any conduct, act or failure to act by Borrower, its affiliates or related parties. In any investigation, proceeding or litigation, or the preparation therefor, Program Administrator, Capital Provider and the City shall each select its own counsel and, in addition to the foregoing indemnity, Borrower agrees to pay promptly the reasonable fees and expenses of such counsel. In the event of the commencement of any such proceeding or litigation, Borrower shall be entitled to participate in such proceeding or litigation with counsel of its choice at its own expense; provided that such counsel shall be reasonably satisfactory to Program Administrator, Capital Provider and the City. This Section 4.08 shall survive the execution, delivery, performance and repayment of this Agreement and the C -PACE Loan, and the extinguishment of the C -PACE Lien. Section 4.09. Further Assurances. Upon request of Capital Provider and /or the City, Borrower shall provide such additional information and execute such additional documents as Capital Provider and /or the City deem necessary or appropriate (in their sole discretion) to carry out the purposes of this Agreement, the Program, C -PACE Act, Ordinance and /or the C -PACE Documents. Section 4.10. Assignment of C -PACE Loan and C -PACE Lien. (a) Capital Provider shall have the unrestricted right at any time and from time to time, and without Borrower's or City's consent, to transfer and assign all of its rights and obligations under the C -PACE Documents to one or more entities, persons, banks or financial institutions capable of funding the C -PACE Loan. Each assignment by Capital Provider shall be evidenced by a C -PACE Assignment, together with such other documentation required by Capital Provider and the assignee, and Borrower shall execute such documents (if any) that Capital Provider or the assignee deems necessary to effect a transfer. Upon the full execution and recordation of the C- PACE Assignment, the assignee shall be a successor party to the C -PACE Documents and shall have all of the rights and obligations of Capital Provider provided herein and therein, and Capital Provider shall be released from its obligations, effective as of the date of the C -PACE Assignment. (b) In furtherance of the foregoing, Capital Provider may furnish any information concerning the Property, Borrower or Improvements in Capital Provider's possession from time to time to prospective assignees, and Borrower hereby agrees to the release of such information. (c) Capital Provider shall cause the C -PACE Assignment to be recorded in the Clerk's Office and shall furnish a recorded copy of any C -PACE Assignment to Program Administrator, Borrower and the City. 16 Section 4.11. Integrity of the Property as a Single Parcel. Borrower shall not, by act or omission, impair the integrity of the Property as a single, separate, subdivided and zoned taxable lot or otherwise remove or separate the Improvements from the Property, without the express written consent of Capital Provider and the City, which consent may be withheld in Capital Provider's or the City's sole and absolute discretion. If the Property consisted of multiple parcels as of the Closing Date, Borrower shall not, by act or omission, cause any changes to such parcels, including but not limited to consolidating the parcels, changing the parcel boundaries, and /or modifying the tax parcel identification numbers, without the express written consent of Capital Provider and the City, which consent may be withheld in Capital Provider's or the City's sole and absolute discretion. Section 4.12. Transfers; Binding on Future Owners. The sale, transfer, pledge or hypothecation of the Property or any reorganization or modification of Borrower's ownership structure shall be permitted only following the completion of the Project (as evidenced by the Completion Certificate), and then only if such transfer is fully subject to the C -PACE Loan, C- PACE Lien and C -PACE Documents. Any and all transfers of the Property shall be subject automatically to the C -PACE Loan, C -PACE Lien and C -PACE Documents. All obligations under the C -PACE Documents shall run with the land and shall bind all future owners and tenants, where applicable, of the Property or any interest therein as if the same were expressly assumed by such parties. Notwithstanding the foregoing, upon a transfer of fee simple title to or a possessory interest in the Property or any portion thereof to a new owner, Borrower (and each person or entity who may, from time to time, own fee simple title to or a possessory interest in all or part of the Property) shall cause the new owner to execute an assignment and assumption of this Agreement, substantially in the form attached hereto and incorporated herein as Exhibit G ( "Assignment and Assumption Agreement ") and shall promptly deliver the fully- executed Assignment and Assumption Agreement to Capital Provider. Capital Provider will record the Assignment and Assumption Agreement in the Clerk's Office against the Property and thereafter promptly provide a recorded copy of the Assignment and Assumption Agreement to Borrower, Program Administrator and the City. Section 4.13. Capital Provider's Right of First Refusal. Borrower shall comply with and abide by the Exclusivity Covenants as of the Effective Date and during the Term. Borrower agrees that if, during the Term, Borrower submits a Program application with respect to a new C- PACE project on the Property, Borrower shall immediately notify Capital Provider and provide to Capital Provider copies of all Program application materials and other information reasonably requested by Capital Provider regarding such new C -PACE project. Capital Provider shall have a period of thirty (30) days after receipt of Borrower's notice to elect to provide an additional C- PACE Loan for each new C -PACE project. Capital Provider shall exercise this right by providing written notice to Borrower of its election during such 30 -day period. If Capital Provider provides notice of its intent to provide an additional C -PACE Loan for a new project, then the Exclusivity Covenants shall apply with respect to each new C -PACE project. If Capital Provider does not timely provide notice of its election to provide an additional C -PACE Loan for the new C -PACE project, then Capital Provider shall be deemed to have waived its rights under this Section 4.13 with respect to such new C -PACE project only, but shall retain its rights hereunder for any subsequent new projects during the Term. 17 Section 4.14 Borrower's Waiver of Certain Defenses; Confession of Judgment: By executing this Agreement, Borrower acknowledges and agrees as follows: (a) Borrower waives all defenses, affirmative or otherwise, to a foreclosure action related to any collection suit brought for the nonpayment of any C -PACE Loan. This waiver shall apply to any litigation action initiated under the laws of Virginia or any administrative collection action afforded to the City treasurer or its duly appointed collection agent; and (b) Borrower waives all defenses to the imposition of personal liability for corporate officers as permitted under Section 58.1- 3965(F) of the State Code and the collection thereof as stated in subparagraph (a) above. ARTICLE V DEFAULT AND REMEDIES Section 5.01. Events of Default. The occurrence of any of the following events shall constitute an "Event of Default" hereunder: (a) failure by Borrower to make any C -PACE Payment or any other payment required under the C -PACE Documents when due or beyond any applicable cure period, if any ("Delinquency"); (b) failure by Borrower to perform or observe any covenant, condition or agreement to be performed or observed by Borrower under this Agreement (other than a Delinquency) or any other C -PACE Documents, and such failure continues for thirty (30) days after written notice thereof to Borrower from Capital Provider; (c) Borrower is in default or there exists an Event of Default (as defined in any of the C -PACE Documents) under any of the other C -PACE Documents or any other agreement to which Borrower is a party; (d) any written representation, warranty or disclosure made to Capital Provider or the City by Borrower proves to be materially false or misleading as of the date when made, whether or not such representation or disclosure appears in the C -PACE Documents; (e) failure to pay Real Estate Taxes, other taxes or other assessments on the Property when due and payable; (f) failure to commence and diligently pursue construction of and completion of the Project; (g) there occurs any event which, in Capital Provider's reasonable discretion, has a material adverse effect on: (i) the ability of Borrower to perform any of its obligations hereunder or under any of the other C -PACE Documents; (ii) the business or financial condition of Borrower; or (iii) the timely repayment of the C -PACE Loan; (h) any encumbrance on any portion of the Property is created, which encumbrance purports to have priority over the current and any delinquent C -PACE Loan installments secured by the C -PACE Lien, with the exception of general Real Estate Tax liens; (i) the existence of any liens with respect to the Property, including mechanics,' materialmen's, repairmen's or other liens that have not been dismissed or bonded within thirty (30) days; 0) there is a material deviation in the Improvements from the Plans without the prior written consent of Program Administrator and Capital Provider, or the appearance of defective workmanship or materials, in Capital Provider's sole discretion, which has not been cured for a period exceeding thirty (30) days; (k) Borrower shall institute or have instituted against it any proceeding or other action under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, conservatorship, receivership, or relief of debtors, (i) seeking to adjudicate Borrower bankrupt or insolvent; (ii) seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, composition of Borrower or its debts or any similar order; or (iii) seeking entry of an order for relief or appointment of a custodian, receiver, trustee, conservator, liquidating agent, liquidator, or other official with similar powers, for Borrower or for any substantial part of its property; and in the case of any such proceeding or other action instituted against (but not by or with the consent of) such credit party, either (A) such proceeding or action shall remain undismissed or unstayed for a period of sixty (60) days or more, or (B) any action sought in such proceedings shall occur. Nothing in this Section 5.01 shall be deemed to be a waiver of any right which Capital Provider or the City may have under Sections 506(a), 506(b), I I I I (b) or any other provision of the United States Bankruptcy Code, as may be amended, to file a claim or submit a ballot to accept or reject a proposed plan of reorganization in any relevant bankruptcy proceeding for the full amount due to Capital Provider under the C -PACE Documents; (1) Borrower commences any legal proceeding against Program Administrator, Capital Provider or the City seeking to recover damages or other affirmative recovery against Program Administrator, Capital Provider or the City, including any proceeding asserting claims based on any theory of lender liability; or contests or in any way interferes, directly or indirectly, with (i) any foreclosure action, other action or proceeding to exercise remedies hereunder; or (ii) any other enforcement of Capital Provider's rights, powers, and remedies under any of the C -PACE Documents; (m) there is any fraud or material misrepresentation by Borrower made in or in connection with the C -PACE Loan or C -PACE Documents; (n) [INSERT ADDITIONAL EVENTS OF DEFAULT REQUIRED BY CAPITAL PROVIDER]. (o) Borrower attempts to remove, sell, transfer, encumber, part with possession or sublet the Property, Improvements or any part thereof without Capital Provider's prior written consent. 19 Section 5.02. Capital Provider Remedies. Upon the occurrence of an Event of Default, Capital Provider may (but shall not be obligated to), in addition to any other remedies which it may have under the C -PACE Act, Ordinance, C -PACE Documents or applicable law, at its option and without prior demand or notice, take any or all of the following actions: (a) If a Delinquency occurs, Capital Provider will notify Program Administrator, Borrower and the City in accordance with the notice requirements contained in this Agreement. Capital Provider's written notice to the City will include a request for the City to begin enforcement proceedings against Borrower for the Delinquent C -PACE Payment. (b) Upon written request by Capital Provider, the City will enforce the C -PACE Lien in the same manner as a real property tax lien may be enforced by a City in Virginia as set forth in Title 58.1, Chapters 32 and 39 of the State Code. Capital Provider agrees to cooperate with the City in its enforcement of the C -PACE Lien by providing all necessary documents and information concerning the Delinquent C -PACE Payment as requested by the City. In a suit to collect Delinquent C -PACE Payments, the City will be entitled to recover the Delinquent C -PACE Payments, penalties, and interest due, and the costs and expenses of collection, including attorney's fees, all as set forth in the C -PACE Documents. (c) If any or all of the Property is sold at a tax sale for the failure to pay Real Estate Taxes, the Property shall remain subject to the obligation to pay the C -PACE Loan in subsequent years as provided in the C -PACE Act. A failure to repay the C -PACE Loan is similar to a failure to pay Real Estate Taxes and could ultimately result in a tax foreclosure upon the Property if a cure is not undertaken by Borrower or a Mortgage Lender (if any). There is no right of acceleration with respect to the C -PACE Loan, however Capital Provider shall have all other rights and remedies at law and in equity. All fees and expenses of the City in collecting the C -PACE Loan shall be included and paid by Borrower. (d) If an Event of Default occurs prior to Borrower's completion of the Project, then Capital Provider may immediately terminate any pending disbursement of a C -PACE Advance (and Capital Provider shall have no obligation to make any additional C -PACE Advances) and apply all or any part of any undisbursed C -PACE Advance amounts to any amounts owing on the C -PACE Loan and /or to any other obligations of Borrower under the C -PACE Documents. (e) If an Event of Default occurs prior to Borrower's completion of the Improvements, then Capital Provider may enter the Property and complete construction of the Project in accordance with the Plans, with such changes therein as Capital Provider may from time to time and in its reasonable discretion deem appropriate, all at the risk and expense of Borrower. (f) If any proceedings are instituted by or against Borrower related to the C -PACE Loan, Borrower shall pay any and all costs incurred by Capital Provider, including reasonable attorneys' fees actually incurred. No remedy contained in this Agreement is intended to be exclusive of any other remedy stated herein or of any other remedy otherwise available to Capital Provider at law or in equity. Capital Provider's failure to exercise any remedy provided herein shall not constitute a waiver of the right to exercise the same remedy at a later time or in connection with a subsequent Event of Default. 01 (g) Capital Provider may exercise any and all remedies available under the C -PACE Act, Ordinance and /or C -PACE Documents and may exercise any other rights and remedies available to Capital Provider at law or in equity. (h) All remedies of Capital Provider provided for herein are cumulative. Section 5.03. C -PACE Enforceability. If (a) the C -PACE Act, Ordinance, any of the C- PACE Documents and /or any material provisions thereof are found by a court of competent jurisdiction to be illegal or otherwise unenforceable such that the C -PACE Loan and /or C -PACE Lien are not enforceable or otherwise not collectible in the manner set forth in the C -PACE Act, Ordinance or C -PACE Documents for any reason, or (b) an action is brought by any person to have the C -PACE Act, Ordinance, C -PACE Documents and /or C -PACE Lien challenged, nullified or overturned, and during the pendency of the action, the C -PACE Documents and /or C -PACE Lien may not be enforceable or collectible as contemplated under the C -PACE Act, then Borrower (i) shall continue to make the C -PACE Payments as required under the C -PACE Documents, and (ii) shall execute any and all documentation necessary to perfect and enforce the C -PACE Documents and the C -PACE Lien as may be required by Capital Provider or the City. ARTICLE VI MISCELLANEOUS Section 6.01. No Waiver. No waiver of any default, Event of Default, or breach by Borrower hereunder shall be implied from any failure by Capital Provider or the City to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver. Waivers of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. Section 6.02. Successors and Assigns; Third Party Beneficiary. This Agreement is binding upon and made for the benefit of Borrower, Capital Provider, the City, and their respective successors and /or permitted assigns, and no other person or persons shall have any right of action hereunder. To the limited extent Program Administrator is accorded rights under this Agreement, it shall be a third party beneficiary of this Agreement, entitled to enforce its rights hereunder. Section 6.03. Notices. All notices or other communications hereunder shall be in writing, addressed as set forth below (or at such other address as shall be specified by like notice), and delivered by any of the following methods: (a) by hand, (b) by certified mail (return- receipt requested, postage pre - paid), (c) by nationally - recognized, overnight commercial courier, or (d) by e -mail (with delivery- receipt confirmation of transmission). Notices shall be deemed to have been duly given as follows: (i) if delivered by hand, on the date of delivery; (ii) if delivered by certified mail, on the date of delivery; (iii) if delivered by overnight courier, on the next Business Day after the notice is deposited with the overnight courier; or (iv) if delivered by e -mail, on the date sent (if sent during normal business hours of recipient), or on the next Business Day (if sent after normal business hours of recipient), provided, however, that an email shall be deemed to have been received when sending party receives a delivery- receipt confirmation of transmission, regardless of normal business hours of recipient: 21 To Capital Provider: To the City: To Program Administrator: To Borrower: Attn: _ E -mail: Attn: , E -mail: Attn: , E -mail: Attn: _ E -mail: If notice is tendered under the terms of this Agreement and is refused by the intended recipient of the notice, the notice shall nonetheless be considered to have been received and shall be effective as provided in this Section 6.03. The giving of any notice required hereunder may be waived in writing by the Party entitled to receive such notice. Failure or delay in delivering copies of any notice to persons designated to receive copies shall in no way adversely affect the effectiveness of such notice to the Parties. The addresses of any Party may be changed by notice to the other Parties given in the same manner as provided above. Section 6.04. Captions. The headings or captions in this Agreement are for convenience only and shall not affect the meaning or interpretation of any provision of this Agreement. Section 6.05. Amendments. No amendment, modification, termination or waiver of any provisions of this Agreement shall be effective unless in writing and signed by all of the Parties. Section 6.06. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Virginia. Section 6.07. WAIVER OF JURY TRIAL. BORROWER HEREBY IRREVOCABLY WAIVES ITS RIGHTS TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THE C -PACE LOAN, THIS AGREEMENT OR ANY C -PACE DOCUMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. 22 Section 6.08. Jurisdiction. Borrower agrees that the execution of this Agreement and the other C -PACE Documents, and the performance of its obligations hereunder and thereunder, shall be deemed to have a Virginia situs, and Borrower agrees to submit to the personal jurisdiction of the federal or state courts of Virginia with respect to any action that Capital Provider, the City, or their respective successors or assigns, may commence hereunder or thereunder. Accordingly, Borrower hereby specifically and irrevocably consents to the jurisdiction of the federal or state courts of Virginia with respect to all matters concerning this Agreement or any of the other C- PACE Documents, or the enforcement thereof. Any such action shall be brought in the [city /county or federal district] in which the Property is located. Section 6.09. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the City, its officials, employees, contractors, or agents, or any other person acting on behalf of the City and, in particular, governmental immunity afforded or available pursuant to Virginia law. Section 6.10. Survival. The C -PACE Documents and the provisions thereof shall survive Closing and shall be enforceable against the Parties until the C -PACE Loan and all amounts due and owing in connection with the C -PACE Loan have been paid in full, as evidenced by the recordation of a termination of the C -PACE Certificate and any amendments and /or assignments thereof, if any. Section 6.11. Virginia FOIA. Borrower understands and agrees that all data created, collected, received, stored, used, maintained or disseminated by the City in connection with the Program, including that related to Borrower's use of the C -PACE Loan funds, may be subject to the Virginia Freedom of Information Act (State Code § 2.2 -3700 et seq.). Section 6.12. Power of Attorney. For the purposes of carrying out the provisions of this Agreement, Borrower hereby irrevocably constitutes and appoints Capital Provider and any of its officers, agents or designees, each with full power of substitution, as Borrower's true and lawful attorneys -in -fact (which appointment is coupled with an interest, cannot be revoked prior to payment in full of the C -PACE Loan and all sums secured by the C -PACE Lien and the C -PACE Documents and shall not terminate upon the disability, termination or dissolution of Borrower), in its name or otherwise, and at Borrower's expense, and authorizes any of them to perform any act described in the C -PACE Documents and to take any and all actions necessary and incidental thereto on behalf of Borrower and to execute such instruments or documents in its name or in the name of Borrower necessary or incidental to the realization or Capital Provider's rights under the C -PACE Documents. Borrower recognizes and agrees that the power of attorney granted pursuant to this Section 6.12 is coupled with an interest and is not revocable until the termination of this Agreement in accordance with its terms, at which time the power of attorney shall automatically terminate. Borrower ratifies and confirms all actions taken by Capital Provider or its agents pursuant to this power of attorney in accordance herewith. Section 6.13. Schedules and Exhibits. The following schedules and exhibits are attached hereto and incorporated herein as if fully set forth in this Agreement: Schedule I - Loan Schedule 23 Schedule II - C -PACE Advance Schedule Exhibit A - Property Description Exhibit B - Form of C -PACE Certificate Exhibit C - Form of C -PACE Amendment Exhibit D - Form of C -PACE Assignment Exhibit E - Form of Lender Consent Exhibit F - Form of C -PACE Note Exhibit G - Form of Assignment and Assumption Agreement Exhibit H - List of Permitted Liens Exhibit I - Form of Disbursement Memorandum {THE REMAINDER OF THIS PAGE HAS BEENINTENTIONALLYLEFT BLANK. SIGNATURES APPEAR ON THE FOLLOWING PAGES] 24 IN WITNESS WHEREOF, the City, Borrower and Capital Provider have duly executed this Agreement by and through their respective duly authorized representatives as of the Effective Date. CITY: COMMONWEALTH OF VIRGINIA CITY /COUNTY OF City of Roanoke, Virginia By: _ Name: Title: The foregoing instrument was acknowledged before me this day of , 20 , by , as of the City of Roanoke, Virginia. Witness my hand and official seal. My commission expires: Registration No.: Notary Public [City's Signature Page to C -PACE Assessment and Financing Agreement] IN WITNESS WHEREOF, the City, Borrower and Capital Provider have duly executed this Agreement by and through their respective duly authorized representatives as of the Effective Date. CAPITAL PROVIDER: STATE OF CITY /COUNTY OF [CAPITAL PROVIDER] By:_ Name: Title: The foregoing instrument was acknowledged before me this day of , 20 , by of the Witness my hand and official seal. My commission expires: Registration No.: as Notary Public [Capital Provider's Signature Page to C -PACE Assessment and Financing Agreement] IN WITNESS WHEREOF, the City, Borrower and Capital Provider have duly executed this Agreement by and through their respective duly authorized representatives as of the Effective Date. BORROWER: STATE OF CITY /COUNTY OF [INSERT NAME OF BORROWER] By:_ Name: Title The foregoing instrument was acknowledged before me this day of , 20, by of the Witness my hand and official seal. My commission expires: Registration No.: Pq R] Notary Public [Borrower's Signature Page to C -PACE Assessment and Financing Agreement] SCHEDULE I C -PACE LOAN SCHEDULE [LOAN SCHEDULE MAYBE REVISED BY CAPITAL PROVIDER, IN CAPITAL PROVIDER'S REASONABLE DISCRETION.] Defined Terms: Unless otherwise specified, any capitalized terms used in this Loan Schedule and not otherwise defined shall have the meanings set forth in the Agreement. 1. Additional Borrower Representations, Warranties, Covenants and Agreements (a) Condemnation. [NOTE: This paragraph may be subordinated to a Mortgage Lender's lien, if any.]There is no pending or threatened proceeding for the total or partial condemnation or taking of the Property. If the Project, Property or any part thereof are subject to a total or partial condemnation or taking, then Capital Provider's obligation to make additional C- PACE Advances shall immediately terminate unless, in Capital Provider's reasonable judgment, the Property and Project can be replaced and restored in a manner which will enable the Project to be functionally and economically utilized and occupied as originally intended. If there is a subsequent condemnation or taking, Capital Provider will either apply the condemnation proceeds to the restoration of the Project or repay the outstanding balance of the C -PACE Loan. If restoration of the Project is approved by Capital Provider, Borrower shall immediately proceed with the restoration and shall restore the Improvements in accordance with the Plans or other similar plans approved by Capital Provider. If, in Capital Provider's judgment, the condemnation proceeds are insufficient to complete the restoration, Borrower shall deposit with Capital Provider such amounts as are necessary, in Capital Provider's reasonable judgment, to complete the restoration. Disbursement of condemnation proceeds (plus any supplemental funds provided by Borrower) shall, at Capital Provider's election (made by written notice to Borrower), be deposited with Capital Provider and disbursed in Capital Provider's reasonable discretion. (b) Damage or Destruction. [NOTE: This paragraph may be subordinated to a Mortgage Lender's lien, if any.]The Property is not damaged by waste, vandalism, fire, hurricane, earthquake or earth movement, windstorm, flood, tornado or other casualty adversely affecting the value of the Property or the use for which the Property was intended, and the Property is in substantially the same condition it was at the time the most recent appraisal was obtained. Borrower shall promptly notify Capital Provider if the Property is damaged or destroyed by fire or any other cause. Upon the occurrence of a casualty, Capital Provider will either apply the insurance proceeds to the restoration of the Property or repay the outstanding balance of the C -PACE Loan. Capital Provider shall not have any obligation to make additional C -PACE Advances upon the occurrence of a casualty. If restoration of the Property is approved by Capital Provider, Borrower shall immediately proceed with the restoration thereof and shall restore the Improvements in accordance with the Plans or other similar plans approved by Capital Provider. If, in Capital Provider's judgment, the proceeds of insurance are insufficient to complete the restoration, Borrower shall deposit with Capital Provider such amounts as are necessary, in Capital Provider's reasonable judgment, to complete the restoration. Disbursement of insurance proceeds (plus any supplemental funds provided by Borrower) shall, at Capital Provider's election (made by written notice to Borrower), be deposited with Capital Provider and disbursed in Capital Provider's reasonable discretion. (c) Fraud. No fraud, error, omission, misrepresentation, negligence or similar occurrence with respect to the Property, Plans, Improvements, C -PACE Loan or C -PACE Documents has taken place on the part of Borrower or any other person, including, without limitation, to the best of Borrower's knowledge, any appraiser, title company, closing or settlement agent, realtor, builder or developer or any other party involved in the Property, Plans, Improvements, C -PACE Loan or C -PACE Documents that would impair in any way the rights of Capital Provider or that would violate applicable laws, regulations, ordinances and /or any restrictive covenants affecting the Property. (d) Insolvency Event. No Insolvency Event has occurred or is continuing with respect to Borrower. Borrower is not aware of any circumstances or conditions with respect to Borrower, the Property, Improvements, C -PACE Loan, C -PACE Lien and /or C -PACE Documents which could lead to an Insolvency Event. (e) Legally Occupied. With respect to the portion of the Property legally occupied as of the Effective Date, all inspections, licenses and certificates required to be made or issued with respect to all occupied portions of the Property and, with respect to the use and occupancy of the same, including but not limited to certificates of occupancy and fire underwriting certificates, have been made or obtained from the appropriate authorities. With respect to the portion of the Property to be lawfully occupied as of the Completion Date, all inspections, licenses and certificates required to be made or issued with respect to the portions of the Property to be occupied, and with respect to the use and occupancy of the same, including but not limited to certificates of occupancy and fire underwriting certificates, will have been made and /or obtained from the appropriate authorities. (f) Liens. Borrower covenants that it will not further encumber the Property with any mortgages, deeds of trust, or financing statements prior to the imposition of the C -PACE Lien and the recordation of the C -PACE Certificate on the Property as a priority lien in accordance with the C -PACE Act. (g) [OPTIONAL, IF APPLICABLE] Maintenance of Environmental Attributes and Environmental Incentives. Borrower shall obtain and maintain in force any and all applicable account(s), registration(s), filing(s), certification(s) and any other documents which may be necessary to properly maintain (i) any and all environmental benefits, air quality credits, emissions reductions, offsets, and allowances, any renewable energy credits or similar credits, any other tradable energy or environmental related commodity produced by or associated with the Project, (collectively, "Environmental Attributes"); (ii) any and all financial incentives, from whatever source, related to the construction, ownership, or operation of the Project, including, but are not limited to, (A) federal, state, or local tax credits, (B) any other financial incentives in the form of credits, reductions, or allowances that are applicable to a local, state, or federal income taxation obligation, and (C) other grants, rebates, or subsidies, including utility incentive programs, (collectively, the "Environmental Incentives"); (iii) any and all current or future Environmental Attributes and Environmental Incentives or contracts for the sale of such Environmental Attributes and Environmental Incentives, howsoever presently entitled or designated or created in the future, produced or associated with the Project (collectively, "Collateral "). Upon request from Capital Provider, Borrower shall promptly provide copies of such documents, or any other evidence which Capital Provider may reasonably request, to Capital Provider.] 2. Amortization Schedule. The Amortization Schedule shall be attached to the C -PACE Certificate and shall include the amount of Capitalized Interest. 3. C -PACE Advances. The construction and installation of the Improvements shall be funded from time to time pursuant to the approved Budget and in accordance with the construction schedule to be approved by Capital Provider. Provided that the Disbursement Conditions (or the Final Conditions in the case of the final C -PACE Advance) have been fully satisfied, each C -PACE Advance will be disbursed by Capital Provider to or at the direction of Borrower within ten (10) days after Capital Provider receives a disbursement request in a form reasonably acceptable to Capital Provider, together with documentation satisfactory to Capital Provider, in its sole discretion, to support the amount and recipients of each C -PACE Advance. (a) Each disbursement of a C -PACE Advance by Capital Provider shall either reimburse Borrower for construction costs and Capitalized Interest already incurred by Borrower or be disbursed directly to Contractor, subcontractors or other suppliers for construction costs incurred, or to Capital Provider for Capitalized Interest, in accordance with the Budget and the C -PACE Advance Schedule. Borrower may apply any savings or under - budget line item cost in the approved Budget to increase the amount of any other line item in the approved Budget, subject in each instance to Capital Provider's review and approval, which approval shall not be unreasonably withheld. (b) Each disbursement of a C -PACE Advance by Capital Provider shall be conditioned upon Borrower's compliance with the provisions of the C -PACE Documents and shall be made in accordance with the approved Plans, Budget, and C -PACE Advance Schedule, in each case as then in effect; provided, however, that at all times the undisbursed portion of the C -PACE Loan shall be sufficient, in Capital Provider's sole discretion, to complete the Improvements (including, without limitation, all non - construction costs associated with the Improvements). (c) Capital Provider shall have the right to make the final determination, in its sole discretion, as to the amount of each C -PACE Advance. Capital Provider may, in its sole discretion, determine the number and frequency of each C -PACE Advance, which will not exceed one hundred (100 %) percent of the cost of the work then completed and in place or contemplated in the Plans and Budget, less the standard retainage of [ percent (_%)] for all construction costs, which retainage will be disbursed to Borrower in connection with the final C -PACE Advance. (d) The final C -PACE Advance will be made once all of the Final Conditions have been satisfied, in Capital Provider's sole and absolute discretion. (e) The aggregate amount of all C -PACE Advances shall not exceed the amount of the C -PACE Loan, and Capital Provider shall have no obligation to make any C -PACE Advances from and after the date on which the final C -PACE Advance was made. (f) [INSERT ADDITIONAL DISBURSEMENT PROVISIONS AS REQUIRED BY CAPITAL PROVIDER]. 4. C -PACE Loan Provisions. (a) C -PACE Loan Amount. The C -PACE Loan Amount equals [ and _ /100 Dollars ($ . _)] in the aggregate. The C -PACE Loan (i) includes principal, interest (including Capitalized Interest), fees (including Program Fees), and transaction expenses (including expenses incurred by the City, Program Administrator and Capital Provider, costs of appraisals, environmental reports, title reports, transfer and /or recording fees and taxes), and (ii) shall be paid back with interest (at the Interest Rate) over the Term in accordance with the C -PACE Documents. During the Term, the C -PACE Loan amount may be modified by Capital Provider to reflect accrued interest, Default Interest, late fees, penalties, payments, prepayments (if allowed) and other adjustments that are contemplated by the C -PACE Documents. The C -PACE Loan shall be subject to other terms and conditions contained in the C- PACE Documents, including without limitation, Capital Provider's financial requirements such as maximum loan to value ratios. The C -PACE Loan shall be fully amortizing over the Term. (b) Maximum Lien -to -Value ( "LTV "). The C -PACE Loan Amount shall not exceed the lesser of [ percent (_%)] of the fair market value of the Property, or the actual cost of the Project, including the costs of necessary equipment, materials, and labor, etc. The maximum LTV for the Project is [ percent (_ %)]. (c) Minimum Debt Service Coverage Ratio ( "DSCR "). A minimum DSCR of [ ] to 1.00 at stabilization. The LTV and DSCR shall be calculated by Capital Provider based on Capital Provider's underwritten net cash flow and such other underwriting standards and criteria as Capital Provider may determine in its sole discretion. (d) Prepayment. The C -PACE Loan Amount may not be prepaid, in whole or in part during the Term, without Borrower's payment of a prepayment premium based on the following schedule: [INSERT PREPAYMENT TERMS /PREPAYMENT PREMIUM, IF ALLOWED]. (e) [INSERTADDITIONAL C-PA CE LOAN PROVISIONS.] 5. Program Administrator and Capital Provider Expenses. On the Closing Date, Borrower shall reimburse Program Administrator and Capital Provider [$] for payment of their attorneys' fees, title insurance premiums and expenses, recording costs, and other expenses associated with the Closing of the transaction described in the Agreement. These expenses shall be included in the C -PACE Loan Amount. 6. Capital Provider Requirements. The C -PACE Loan shall be subject to the following additional Capital Provider requirements and conditions: (a) [Borrower's execution of the Disbursement Agreement. (b) Capital Provider's receipt of copies of (i) all current tenant leases as they are executed, together with any amendments, modifications or assignments thereof, and (ii) all future leases within thirty (30) days after execution, together with any amendments, modifications or assignments thereof.] (c) Any and all Borrower representations, warranties, agreements and covenants contained in the Agreement shall expressly survive Closing. (d) [INSERTADDITIONAL CAPITAL PROVIDER REQUIREMENTS.] 7. Capitalized Interest. The funded portion of Capitalized Interest equals $ ; the actual amount of Capitalized Interest will depend on the timing and amounts of C -PACE Advances. 8. City Expenses /Fees. On the Closing Date, Borrower shall pay [$ ] to the City to reimburse the City for its expenses in connection with the C -PACE Loan, which amount is included in the C -PACE Loan Amount and referenced in the Amortization Schedule. 9. [Disbursement Agreement: At Closing and during the Construction Period, Borrower shall enter into and perform its obligations under the Disbursement Agreement. Capital Provider shall have the additional rights and remedies contained in the Disbursement Agreement, including the right to collect any costs in excess of the principal amount of the C -PACE Loan, plus any additional interest accruing thereon as a result of a construction delay or otherwise. Notwithstanding the foregoing or anything to the contrary contained in this Agreement, the Disbursement Agreement and /or any other C -PACE Documents, Capital Provider shall have no further obligation whatsoever to increase the C -PACE Loan Amount.] 10. Failure to Complete Fee. If Borrower fails to draw down the C -PACE Loan to complete the Improvements in accordance with the provisions of the C -PACE Documents, Borrower hereby freely and willingly agrees to forfeit its payment of the commitment fee (if any) to Capital Provider and to pay an additional fee in the amount of [$ ] (collectively, "Failure to Complete Fee "). Borrower hereby acknowledges and agrees that the purpose of the Failure to Complete Fee is to make Capital Provider whole and to pay all costs incurred by Capital Provider in connection with the C -PACE Loan, including without limitation, terminating the C -PACE Certificate. 11. Improvements. The C -PACE Loan proceeds shall be used for the purpose of constructing the Improvements that are authorized to be funded under the C -PACE Act. The Improvements shall (a) meet the City's energy efficiency requirements for eligibility in the Program, (b) be affixed to the Property and installed in accordance with the Program requirements, and (c) meet the requirements of the C -PACE Act, Ordinance, Program Guidelines, and C -PACE Documents. (a) The Improvements are generally described as follows: [INSERT LIST OF C -PACE IMPROVEMENTS] (b) The Improvements are required to be constructed and put into service on or before the Completion Date. Notwithstanding the foregoing, if the Improvements are not fully constructed and put into service by the Completion Date, such delay shall not affect or alter the C -PACE Lien, C -PACE Loan terms, Repayment Start Date, subsequent Repayment Dates, and /or the Amortization Schedule. 12. Insurance Requirements. Borrower shall provide to the City and Capital Provider satisfactory evidence of current insurance policies on the Property and such insurance shall be maintained in force during the Term. Such policies must be issued in form and content reasonably acceptable to Capital Provider. Required insurance includes property insurance and, where and when applicable, builder's risk or inland marine insurance and flood insurance. Property insurance shall be in an amount equal to the lesser of, as determined by Capital Provider in its reasonable discretion: (a) the full replacement cost of the Property, or (ii) the full value of the buildings located on the Property as determined by Capital Provider in its sole discretion. Borrower must obtain flood insurance if the Property is or is deemed to be located in a Special Flood Hazard Area as determined by the U.S. Flood Emergency Management Agency. Capital Provider's insurance requirements are as follows: (a) Each policy must provide for ten (10) days' prior notice to Capital Provider in the event of cancellation or nonrenewal; (b) each of the City and Capital Provider must be named as an additional insured (mortgagee /loss payee) on all insurance policies required hereunder (and in the certificate holder box list "[INSERT CAPITAL PROVIDER NAME], ISAOA, ATIMA ". Borrower hereby agrees to, upon request by Capital Provider, provide Capital Provider with updated certificates of insurance which endorse the required insurance policies and agrees to, upon request by Capital Provider, add Capital Provider's assignees or successors in interest as loss payees and additional insureds must be named as an additional insured (to the extent possible and as their interests may appear); (c) such insurance shall be maintained in force during the term of the C -PACE Loan. All insurance policies must be issued in form and content reasonably acceptable to City and Capital Provider; (d) should Borrower fail to maintain required insurance, Capital Provider shall have the right but not the obligation to obtain such required insurance in amounts and limits sufficient to protect Capital Provider's interest, and Borrower shall be obligated to pay Capital Provider for the cost of such insurance; and (e) during the Construction Period, Borrower shall provide to Capital Provider evidence of any additional insurance coverage required to be maintained by Capital Provider in its reasonable discretion. 13. Notice and Conditions of Transfer of Property by Borrower. If Borrower's intended transferee of the Property has not been pre- approved by Capital Provider, then Borrower shall provide sufficient information regarding the proposed transferee to Capital Provider for Capital Provider to comply with its regulatory requirements (including, without limitation, those regarding "know your customer ") in writing, at least forty -five (45) Business Days prior to any transfer of title or interest in the Property or any reconstitution of Borrower's ownership structure ( "Transfer Notice Period "). During the Transfer Notice Period, any potential transferee of Borrower or potential new owner of the Property (or any interest therein) must provide the information required by Capital Provider, in form and substance satisfactory to Capital Provider in its sole discretion. Similarly, in the event that there is any reconstitution of Borrower's ownership structure, the reconstituted Borrower must provide the information required by Capital Provider, in form and substance satisfactory to Capital Provider in its sole discretion. The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR Atin W. Brent Robertson, Assistant City Manager for Community Development 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE. VA 24011 Date Category Description 10n4,2C20 Any -V:rg rra RUA NOTICE OF PLRI IC HFA,�ING Publisher of the Roanoke Times Account Number 6017304 Date October 21, 2020 Ad Size Total Cost 3x700IN 2948 '12 I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 10/05,10112/2020 The First insertion being given ... 10/05/2020 Newspaper reference: 0001134587 Billing Representative Sworn to and subscribed before me this Wednesday, October 21, 2020 Notary F4114.4n R Carsten NOIARY PUBLIC State of Virginia C,�mrnonwealth of Virginia County of Hanover „t ;r„ Fs�,r }�tration Number 329549 My Commission expires ;o, ❑iss,:m Er.oires July 31 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on Monday, October 19, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, at Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to receive public comment on the adoption of a proposed ordinance to add Chapter 32.3, COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C -PACE) FINANCING PROGRAM to the Code of the City of Roanoke (1979), as amended. Pursuant to the C -PACE Act (Section 15.2- 958.3, Code of Virginia), any Virginia locality may enact an ordinance authorizing a C -PACE program to provide C -PACE loans for the initial acquisition and installation of eligible clean energy, resiliency, and /or stormwater management improvements with willing owners of qualifying properties, which may include renovations to existing properties or new construction. This public hearing may be conducted by electronic communication means due to the COViD -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerka@roanokeva.gov or calling (540) 853.2541 by 4:00 p.m., on October 19, 2020. Citizens who register will be provided information to present their testimony via electronic communications means. The full text of the proposed ordinance will be available on and after October 5, 2020, from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Should these offices be closed to the public due to the COVID -19 pandemic disaster, copies are available by contacting the City Clerk, by telephone, at (540) 853 -2541, or by email at clerk@roanokeva.gov. For further information on the matter, you may contact the Office of the City Clerk at (540) 853 -2541. 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, October 15, 2020. Given under my hand this 5th day of October, 2020. Cecelia F. McCoy, City Clerk KAN NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on Monday, October 19, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, at Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to receive public comment on the adoption of a proposed ordinance to add Chapter 32.3, COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C -PACE) FINANCING PROGRAM to the Code of the City of Roanoke (1979), as amended. Pursuant to the C -PACE Act (Section 15.2- 958.3, Code of Virginia), any Virginia locality may enact an ordinance authorizing a C -PACE program to provide GPACE loans for the initial acquisition and installation of eligible clean energy, resiliency, and /or stormwater management improvements with willing owners of qualifying properties, which may include renovations to existing properties or new construction. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 4:00 p.m., on October 19, 2020. Citizens who register will be provided information to present their testimony via electronic communications means. The full text of the proposed ordinance will be available on and after October 5, 2020, from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Should these offices be closed to the public due to the COVID -19 pandemic disaster, copies are available by contacting the City Clerk, by telephone, at (540) 853 -2541, or by email at clerk @roanokeva.gov. For further information on the matter, you may contact the Office of the City Clerk at (540) 853 -2541. 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, October 15, 2020. Given under my hand this 5th day of October, 2020. Cecelia F. McCoy, City Clerk Note to Publisher: Please publish twice as follows -. the advertisement should appear in the Virginia Section on Monday, October 5, 2020, and again in the Virginia Section on Monday, October 12, 2020. Please send the bill to: Sherman M. Stovall, Deputy City Manager 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 Please send the affidavit of publication to: Cecelia F. McCoy, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 CECELIA F. MCCOY, CMC City Clerk Vivian Sanchez -Jones Council Member Roanoke, Virginia Dear Ms. Sanchez - Jones: 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 -1 145 E-mail: clerk« roanokc%a.eo% October 20, 2020 CECELIA T WEBB, CMC Deputy City Clerk I am attaching copy of Resolution No. 41902 - 101920 appointing you as a member of City Council for the City of Roanoke in accordance with §4 of the City Charter and Virginia Code §24.2 -228 for a term commencing upon qualification and expiring on December 31, 2022. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Judge of the Twenty -Third Judicial Circuit of the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, October 19, 2020. Enclosures Sincerely, *tel 14_�_ Cecelia F. McCoy, CMC City Clerk COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Cecelia F. McCoy, City Clerk, and as such 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 nineteenth day of October 2020, VIVIAN SANCHEZ -JONES was appointed as a member of City Council for the City of Roanoke in accordance with §4 of the City Charter and Virginia Code §24.2 -228 for a term commencing upon qualification and expiring on December 31, 2022. Given under my hand and the Seal of the City of Roanoke this twenty -first day of October 2020. ot"� J� YWCOI&T City Clerk (�� rl'�7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2020. No. 41902 - 101920. A RESOLUTION appointing Vivian Sanchez -Jones as a member of City Council for the City of Roanoke in accordance with §4 of the City Charter and Virginia Code §24.2 -228 for a term commencing upon qualification and expiring on December 31, 2022. WHEREAS, Djuna L. Osborne resigned from City Council effective September 16, 2020; WHEREAS, Ms. Osborne's term of office would have expired December 31, 2022; WHEREAS, the Circuit Court of the City of Roanoke has determined that no special election is required to fill Ms. Osborne's vacancy, and that Council is authorized to do so; and WHEREAS, the remaining members of Council are desirous of appointing Vivian Sanchez -Jones to fill the Council vacancy created by the resignation of Ms. Osborne for a term commencing upon qualification and expiring December 31, 2022, in accordance with §4 of the City Charter and Virginia Code §24.2 -228. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The resignation of Djuna L. Osborne, as a member of the City Council effective September 16, 2020, is hereby acknowledged. 2. Vivian Sanchez -Jones is hereby appointed as a member of the Council of the City of Roanoke for a term commencing upon qualification and expiring December 31, 2022, in accordance with §4 of the City Charter and Virginia Code §24.2 -228. 3. Pursuant to §59 of the City Charter, before entering upon the duties of a member of City Council, Vivian Sanchez -Jones shall qualify for office by taking the oath prescribed by general law of the Commonwealth, as soon as practicably possible. ATTEST: City Clerk.