CITY COUNCIL AGENDA Monday, July 17, 2017 7:00 p.m. Regular Meeting - CALL TO ORDER Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL AWARDS/RECOGNITIONS ANNOUNCEMENTS CITY MANAGER RESPONSE TO MATTERS BY THE PUBLIC MATTERS BY THE PUBLIC Public comment is provided for up to 15 speakers at the beginning of the meeting (limit 3 minutes per speaker.) Pre-registration is available for up to 10 spaces, and pre-registered speakers are announced by noon the day of the meeting. The number of speakers is unlimited at the end of the meeting. 1. CONSENT AGENDA* (Items removed from consent agenda will be considered at the end of the regular agenda.) a. Minutes for July 5, 2017 b. APPROPRIATION: Strategic Investment Area Form-Based Code – $228,000 (2nd of 2 readings) c. APPROPRIATION: 2017-2018 Community Development Block Grant – $430,316.31 (1st of 2 readings) d. APPROPRIATION: 2017-2018 HOME Funds – $90,748.69 (1st of 2 readings) e. APPROPRIATION: HOME Investment Partnerships Program – $3,214.26 (1st of 2 readings) f. APPROPRIATION: Amendment to Community Development Block Grant Account (1st of 2 readings) g. RESOLUTION: Authorizing Revenue Bond Issue for Jefferson Scholars Foundation (1st of 1 reading) h. RESOLUTION: Refund of Tax Payment to County Waste LLC (1st of 1 reading) i. RESOLUTION: Refund of Tax Payment to Wells Fargo Equipment Finance INC (1st of 1 reading) j. RESOLUTION: Refund of Tax Payment to PNC Equipment Finance LLC (1st of 1 reading) k. ORDINANCE: Quitclaim to VDOT (Fontana and Hyland Ridge Subdivisions) (2nd of 2 readings) l. ORDINANCE: Approval of Sale of Baylor Lane Lot (2nd of 2 readings) m. ORDINANCE: King St. Rezoning Application (2nd of 2 readings) n. ORDINANCE: Parking Ordinance Changes (2nd of 2 readings) 2. PUBLIC HEARING Charlottesville Fire Department and Charlottesville Albemarle Rescue Squad Emergency Medical Services System Improvement Strategy and Cost Recovery Program – 15 mins 3. PUBLIC HEARING / Urban Archery Ordinance and related revisions (1st of 2 readings) – 20 mins ORDINANCE* 4. PUBLIC HEARING / Closing and Vacating First Street South Between Water Street and South Street ORDINANCE* (1st of 2 readings) – 10 mins 5. PUBLIC HEARING / Woolen Mills Village Historic Conservation District (1st of 2 readings) – 20 mins ORDINANCE* 6. REPORT: Reallocation of Existing Funds for Parks Projects – 20 min RESOLUTION* • McIntire Park Rail Road Pedestrian Bridge (1st of 1 reading) RESOLUTION* • Skate Park (1st of 1 reading) 7. REPORT Rivanna Quarterly Update – 15 mins 8. REPORT* Community Development Corporations Report – 30 mins OTHER BUSINESS MATTERS BY THE PUBLIC GUIDELINES FOR PUBLIC COMMENT We welcome public comment; it is an important part of our meeting. Time is reserved near the beginning and at the end of each regular City Council meeting for Matters by the Public. Please follow these guidelines for public comment: • If you are here to speak for a Public Hearing, please wait to speak on the matter until the report for that item has been presented and the Public Hearing has been opened. • Each speaker has 3 minutes to speak. Please give your name and address before beginning your remarks. • Please do not interrupt speakers, whether or not you agree with them. • Please refrain from using obscenities. • If you cannot follow these guidelines, you will be escorted from City Council Chambers and not permitted to reenter. Persons with disabilities may request reasonable accommodations by contacting ada@charlottesville.org or (434) 970-3182. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: July 5, 2017 Action Required: Appropriation Presenter: Alex Ikefuna, Director, NDS Staff Contacts: Alex Ikefuna, NDS Director Title: Strategic Investment Area Form-Based Code - $228,000 Background: On December 19, 2016, City Council approved a resolution to procure a consultant to assist with the development of a Form-Based Code (F.B.C.) to implement Phase I of the Strategic Investment Area Plan (SIA). The Resolution also indicated that the City Council “is willing to authorize a budget for such services up to $228,000.” Discussion: Staff prepared and published a Request for Proposal (Form-Based Code/17-67) to solicit the services of a Form-Based Code firm to assist with the development of the F.B.C. Three proposals were received from Form Based Code Institute, Torti Gallas and Code Studio. The Form Based Code Institute was selected for the project due to the comprehensiveness of their proposal, citizen engagement plan strategy, support for adoption process, and training component. The fee for the project is approximately $200,000; however, we are requesting for all of the authorized $228,000 due to other expenses not part of the proposed fee. Those include citizen engagement professional to facilitate the kick-off community meeting, charrette expenses, etc. Alignment with Council Vision Areas and Strategic Plan: As this project is associated with the Small Area Plan implementation and Comprehensive Plan, all aspects of the Council Vision are addressed in one way or another. It also contributes to Goal 5 of the Strategic Plan, A well-managed and responsive organization and Objective 5.4, Foster effective community engagement. Community Engagement: There was no formal community engagement process for the consultant selection process; however, the Selection Committee included a combination of City staff, representatives from the developer community, Public Housing Association of Residents (PHAR), Charlottesville Redevelopment and Housing Authority (C.R.H.A.), Piedmont Housing Alliance/Friendship Court, Belmont-Carlton Neighborhood Association, Ridge Street Neighborhood Association, North Downtown Neighborhood Association, Locust Avenue Neighborhood Association and Downtown Business Association. Additionally, more community engagement process will occur as part of the overall Form-Based Code development. Budgetary Impact: The funds will be transferred from previously appropriated funding in the Capital Improvement Program Contingency account to the SIA Form-Based Code project account. Recommendation: Staff recommends approval of this appropriation. Alternatives: N/A Attachments: Authorizing Resolution approved December 19, 2016 Appropriation RESOLUTION APPROVING THE PROCURMENT OF A CONSULTANT TO ASSIST WITH THE DEVELOPMENT OF A FORM-BASED ZONING CODE TO IMPLEMENT PHASE I OF THE STRATEGIC INVESTMENT AREA PLAN WHEREAS, this Council has determined that the City would benefit from having professional planning assistance for the development of a form-based code to implement Phase I of the Strategic Investment Area Plan; and WHEREAS, City Council is willing to authorize a budget for such services of up to $228,000; now, therefore, BE IT RESOLVED that Council authorizes staff to take all actions necessary to procure the services of a consultant within the budget authorized by this resolution. Approved by Council December 19, 2016 Clerk of Council APPROPRIATION Strategic Investment Area Form-Based Code - $228,000 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the funding for the Strategic Investment Area Form-Based Code project is hereby transferred in the following manner: Transfer From; $228,000 Fund: 426 WBS: CP-080 G/L Account: 599999 Transfer To $228,000 Fund: 426 WBS: P-00947 G/L Account: 599999 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: July 17, 2017 Action Required: Appropriation and Approval Presenter: Tierra Howard, Grants Coordinator, NDS Staff Contacts: Tierra Howard, Grants Coordinator, NDS Title: Approval and Appropriation of CDBG & HOME Budget Allocations for FY 2017-2018 Background: This agenda item includes the revised Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) final budget allocation for FY 2017-2018 appropriation for the HOME Investment Partnerships (HOME) funds to be received by the City of Charlottesville from the U.S. Department of Housing and Urban Development (HUD). Discussion: On May 15, 2017, City Council approved the estimated appropriation of the City’s CDBG and HOME funds for FY 2017-2018 totaling $371,309 Entitlement (EN) Grant, and $42,268.31 in Reprogramming for a total of $413,577.31. The HOME total consists of an estimated $58,520 which is the City’s portion of the Consortium’s appropriation, $14,630 for the City’s 25% required match, $19,357.13 in HOME EN available after program income (PI) applied, and $3,214.26 in program income carry forward for a total of $90,748.69. In addition to the budget, Council also approved any percent changes to the estimated amounts to be applied equally to all programs and no agency’s allocation would increase more than their initial funding request. On June 22, 2017, the City received the official allocation from HUD for the CDBG and HOME programs. The City’s allocation has changed to $388,048 in CDBG entitlement and $42,268.31 in Reprogramming for a total of $430,316,31. The HOME total consists of $57,113.25 in HOME entitlement funds, $14,278.31 of City match funds, $19,357.13 in HOME EN available after PI applied, and $3,214.26 in program income carry forward for a total of $90,748.69. Community Engagement: A public hearing was held for the proposed CDBG and HOME FY 17-18 budget on May 1, 2017. There were no comments provided by the public. Per the CDBG/HOME Citizen Participation Plan, there are no other community engagement efforts required as a result of the 1 revised resolutions. Alignment with City Council’s Vision and Strategic Plan: Approval of this agenda item aligns directly with Council’s vision for Charlottesville to have Economic Sustainability and Quality Housing Opportunities for All. Budgetary Impact: The HOME program requires the City to provide a 20% match. The sum necessary to meet the FY 2017-2018 match is $14,278.31, which will need to be appropriated out of the Charlottesville Housing Fund (CP-0084) at a future date. Recommendation: Staff recommends approval of the appropriations. Funds will not be available or eligible to be spent until HUD releases funds. Funds included in this budget will not be spent until HUD releases the entitlement after the Action Plan is approved. Alternatives: No alternatives are proposed. Attachments: 2017-2018 CDBG and HOME Budget Appropriation Resolution for CDBG funds (Revised) Appropriation Resolution for HOME funds (Revised) Appropriation Resolution for HOME PI funds Appropriation Resolution for CDBG reprogrammed funds 2 2017-2018 CDBG and HOME BUDGET ALLOCATIONS RECOMMENDED BY CDBG/HOME TASK FORCE and SAT: 1/10/17, 1/11/17, 1/19/17, and 1/25/17 RECOMMENDED BY PLANNING COMMISSION: 3/1/2017 APPROVED BY CITY COUNCIL: 5/15/2017 I. PRIORITY NEIGHBORHOOD A. 10th and Page $282,000.31* II. ECONOMIC DEVELOPMENT PROJECTS A. Community Investment Collaborative Scholarships $12,500 ECONOMIC DEVELOPMENT TOTAL: $12,500 III. PUBLIC SERVICE PROJECTS A. City of Promise – Enrolled to Launch $17,837 B. OAR – Re-entry Services $15,533 C. United Way – Child Care Subsidies $24,837 SOCIAL PROGRAMS TOTAL: $58,207 (15% EN) IV. ADMINISTRATION AND PLANNING: A. Admin and Planning $77,609 (20% EN) GRAND TOTAL: $430,316.31 ESTIMATED NEW ENTITLEMENT AMOUNT: $388,048 REPROGRAMMING: $42,268.31 * Funding includes program income/reprogrammed funds _______________________________________________________________________ 2017-2018 HOME BUDGET ALLOCATIONS A. Habitat – Down payment Assistance $40,000 B. PHA – Down payment Assistance $50,748.69* TOTAL: $90,748.69 ENTITLEMENT AMOUNT: $57,113.25 ESTIMATED EN AVAILABLE AFTER PI APPLIED: $19,357.13 PI CARRY FORWARD TO BE APPLIED TO PROJECTS: $3,214.26 LOCAL MATCH: $14,278.31 * Includes estimated EN available after program income applied and program income carry forward APPROPRIATION OF FUNDS FOR THE CITY OF CHARLOTTESVILLE'S 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT - $430,316.31 WHEREAS, the City of Charlottesville has been advised of the approval by the U.S. Department of Housing and Urban Development of a Community Development Block Grant (CDBG) for the 2017-2018 fiscal year in the total amount of $413,577.31 that includes new entitlement from HUD amounting to $388,048.00, and previous entitlement made available through reprogramming of $42,268.31. WHEREAS, City Council has received recommendations for the expenditure of funds from the CDBG Task Force, the SAT, the 10th and Page Priority Neighborhood Task Force and the City Planning Commission; and has conducted a public hearing thereon as provided by law; now, therefore BE IT RESOLVED by the City Council of Charlottesville, Virginia, that the sums hereinafter set forth are hereby appropriated from funds received from the aforesaid grant to the following individual expenditure accounts in the Community Development Block Grant Fund for the respective purposes set forth; provided, however, that the City Manager is hereby authorized to transfer funds between and among such individual accounts as circumstances may require, to the extent permitted by applicable federal grant regulations. PRIORITY NEIGHBORHOOD 10th and Page – Pedestrian safety and accessibility improvements $282,000.31 ECONOMIC DEVELOPMENT Community Investment Collaborative Scholarships $12,500 PUBLIC SERVICE PROGRAMS United Way – Childcare Subsidies $24,837 City of Promise – Enrolled to Launch Program $17,837 OAR Re-entry Services $15,533 ADMINISTRATION AND PLANNING: Admin and Planning $77,609 TOTAL $430,316.31 BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $388,048 from the Department of Housing and Urban Development. The amounts so appropriated as grants to other public agencies and private non-profit, charitable organizations (sub-recipients) are for the sole purpose stated. The City Manager is authorized to enter into agreements with those agencies and organizations as he may deem advisable to ensure that the grants are expended for the intended purposes, and in accordance with applicable federal and state laws and regulations; and The City Manager, the Directors of Finance or Neighborhood Development Services, and staff are authorized to establish administrative procedures and provide for mutual assistance in the execution of the programs. APPROPRIATION OF FUNDS FOR THE CITY OF CHARLOTTESVILLE’S 2017-2018 HOME FUNDS $90,748.69 WHEREAS, the City of Charlottesville has been advised of the approval by the U.S. Department of Housing and Urban Development of HOME Investment Partnerships (HOME) funding for the 2017-2018 fiscal year; WHEREAS, the region is receiving an award for HOME funds for fiscal year 17-18 of which the City will receive $57,113.25 to be expended on affordable housing initiatives such as homeowner rehab and downpayment assistance. WHEREAS, it is a requirement of this grant that projects funded with HOME initiatives money be matched with local funding in varying degrees; BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the local match for the above listed programs will be covered by the Charlottesville Housing Fund (account CP-0084 in SAP system) in the amount of $14,278.31; to be held in P-00507 until applied to individual projects. Project totals also include previous entitlement made available through program income of $19,357.13. The total of the HUD money, program income, and the local match, equals $90,748.69 and will be distributed as shown below. PROJECTS HOME EN % MATCH MATCH OTHER TOTAL Habitat for Humanity, DPA $32,000 20 % $8,000 $40,000 PHA, DPA $25,113.25 20 % $6,278.31 $19,357.13 $50,748.69* * includes Program Income which does not require local match. BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $57,113.25 from the Department of Housing and Urban Development. The amounts so appropriated as grants to other public agencies and private non-profit, charitable organizations (subreceipients) are for the sole purpose stated. The City Manager is authorized to enter into agreements with those agencies and organizations as he may deem advisable to ensure that the grants are expended for the intended purposes, and in accordance with applicable federal and state laws and regulations; and The City Manager, the Directors of Finance or Neighborhood Development Services, and staff are authorized to establish administrative procedures and provide for mutual assistance in the execution of the programs. APPROPRIATION HOME INVESTMENT PARTNERSHIPS PROGRAM $3,214.26 WHEREAS, The City of Charlottesville has received $3,214.26 from Charlottesville Redevelopment and Housing Authority as repayment for loans made through the HOME Investment Partnerships Program (HOME) program in prior years; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $3,214.26 is hereby appropriated in the following manner: $3,214.26 Revenue Fund: 210 IO: 1900280 HOME PI Carry-forward G/L: 451070 HOME PI $3,214.26 Expenditures Fund: 210 IO: 1900280 HOME PI Carry-forward G/L: 530670 Other Contractual Services APPROPRIATION AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT Reprogramming of Funds for FY 17-18 WHEREAS, Council has previously approved the appropriation of certain sums of federal grant receipts to specific accounts in the Community Development Block Grant (CDBG) funds; and WHEREAS, it now appears that these funds have not been spent and need to be reprogrammed, and therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations made to the following expenditure accounts in the CDBG fund are hereby reduced or increased by the respective amounts shown, and the balance accumulated in the Fund as a result of these adjustments is hereby reappropriated to the respective accounts shown as follows: Program Account Code Purpose Proposed Proposed Proposed Year Revised Revised Revised Reduction Addition Appropriation 14-15 P-00001-05-03 C4K Websites $37,340.08 15-16 P-00001-05-08 Seedplanters $150.29 15-16 P-00001-02-72 City of Promise $2,624.77 15-16 P-00001-05-12 ReadyKids Facility Project $1,556.12 16-17 P-00001-02-79 OED GO Driver $597.05 16-17 P-00001-05-19 Priority Neighborhood $42,268.31 $42,268.31 TOTALS: $42,268.31 $42,268.31 $42,268.31 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: July 17, 2017 Action Required: Approval of Resolution Presenter: Chris Engel, Director of Economic Development Staff Contacts: Chris Engel, Director of Economic Development Title: Authorizing revenue bond for .Tefferson Scholars Foundation Background & Discnssion: The Jefferson Scholars Fonndation is a recognized 501(c)(3) organization that supports the University of Virginia through scholaTship and fellowship programs and operates a facility at 112 Clarke Court in the City. The Foundation has requested that the Economic Development Authority of the City of Charlottesville (the "Authority"), assist with the issuance of a tax-exempt revenue refunding bond in an amount not to exceed $23,000,000. The proceeds ofthe bonds will be used to refinance the current obligations of the organization under more favorable terms. The Authority is authorized under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia, to issue its revenue bonds to finance and refinance the acquisition, construction and equipping of facilities for use by organizations that m-e exempt fi'om taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. While the Authority will actually authorize the issuance of the proposed bonds, federal and state code provide that the highest elected govenmIental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. There are no Authority funds involved; the Authority is acting as a conduit to confer tax-exempt status on the bonds. There are no City fi.mds involved; and the City's ability to issue its own bonds is not impacted by this transaction. In addition, there is no liability to either the Authority or the City as a resnlt of proposed transaction. The documents associated with the proposed transaction have been thoroughly reviewed by borrower's counsel, bond counsel, lender's counsel and authority connsel and are deemed to be in compliance WitlI federal and state requirements related to the issuance of tax-exempt bonds. Community Engagement: A duly noticed public hearing was held by the Authority on June 29, 2017 with respect to the proposed tax-exempt bond issuance. No one appeared in opposition to the proposed financing. Budgetary Impact: This resolution has no budgetary impact. The City is not obligated to pay any costs associated with this issue. Nor will it affect the' city's taxing power or its ability to issue its own bonds. Recommendation: Staff recommends approval of the attached resolution. Alternatives: No recommendation. Attachments: Copy of the proposed resolution Copy of the certificate of public hearing CERTIFICATE OF PUBLIC HEARING AND RESOLUTION The undersigned Secretary of the Economic Development Authority of the City of Charlottesville (the "Authority") hereby certifies as follows: 1. A regular meeting of the Authority was duly called and held on June 29,2017, at 4:00 p.m., in City Council Chambers, located at 605 East Main Street, Charlottesville, Virginia 22902. The meeting was open to the public, and persons of differing views were given an , oppOltul1ity to be heard. At such meeting all of the Directors of the Authority were present or absent throughout as follows: PRESENT: Carolyn Shears G. Reid Young Ethan Dunstan Adrian Felts Paul Beyer ABSENT: TaraR. Boyd . :2.. The Vice-Chair, serving as chair of the meeting, announced the commencement of a public hearing on the application of Jefferson Scholars Foundation and that a notice of the hearing was published once a week for two consecutive weeks, the second publication being not more than 21 days nor less than 6 days prior to the hearing, in The Daily Progress, a newspaper having general circulation in Charlottesville, Virginia (the "Notice"). A copy of the Notice and a celtificflte of publication of such Notice has been filed with the records of the Authority and are attached hereto as Exhibit (i). 3. The individuals noted on Exhibit (ii) appeared and addressed the Authority. A reasonably detailed summary of their statements made at the public hearing is included m Exhibit (ii). The fiscal impact statement required by the Industrial Development and Revenue Bond Act is attached hereto as Exhibit (iii). 4. Attached hereto as Exhibit (iv) is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the following roll call vote of the Directors present and voting at such meeting, with the vote being recorded in the minutes of such meeting as follows: -1- Director Vote Carolyn Shears Aye G. Reid Young Aye Ethan Dunstan Aye Adrian Felts Aye Paul Beyer Aye 5. The Resolution constitutes all f01111al action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended, and is in fiJll force and effect, on the date hereof. WITNESS my hand and the seal ofthe Authority this ~ day of June, 2017. uthority of the (SEAL) Exhibit (i) Notice and Certificate of Publication for the Economic Development Authority of the City of Charlottesville, Virginia Account Number Advertising Affidavit 3505075 P.O. Box 9030 Date Charlottesvlll.Q1 VirgInia 22906' (434) 978-7215 June 22, 2017 CHRISTIAN & BARTON LLP 909 EAST MAIN STREET, SUITE 1200 RICHMOND, VA 23219 Date Category Description Ad Size Total Cost 06/22/2017 Legal Notices NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE R 2 x 54 L 780.00 tlOll~f Of 'U8l1C HfA!lHij ON "O'OlfD IfVfNUE !EfUNDIHG 10NO fiNANCING 8YTHf E~ONOMIC Publisher of the DEVElOPMmT AUTHO!ITI Daily Progress OHHf CITY OfCHAllOm!VlllE, VIiGiNIA HO~ttjslrerooy~yenthItllle fcootml:Df¥eIljlMtlltAuItoo1yo! theCiij This is to certify that the attached NOTICE OF PUBLIG HEARING was ;aw'CIo'''"'!~'' ~'I'il«. ·ArIh'~·I.i 10M .p,b'horl~., IhI kaliotl of~ J!fffl$Jll~~~m f«IttdltiOO nhe 'foon;a!ioo')lorlhe: published by the Daily Progress in the city of Charlottesville, in AutMrityio issue,j1tIllWltkltne VlfgliallllkJslJiaI ~\'i'l(pmmlam the State of Virginia, on the following dates: RevaJlit BondAcI (!he 'Act"J, ilsn!leflJe rffullllilgooad inin uoo~11I m!edoot!o m~N W,tOO,OOJ(tne"&ilf}. llIefo;ndatbn Is a Vu~nhll«l'prOO! col~rafion, vAlole 1d~1 ~ared oo5~e~sis located 06115,06/22/2017 at111 Cil.rkeCDllif, C!l1JIo!Ie5\ille, V'qinlam03, lhepro~BMdwill~i)luooinoneorlllOreltrie5~ll\toaplmd finaocflg,and!lie proo:akof Ii!~ 8o)oowiii lit b~d, ~tterllilh otll!r ai'allAb!e fuMs, tOJS~!!lllefnJl1Mt~q itrefun(lIIf illorajOOiln ofth~ The Fitst insertion being giVen ". 06/15/2017 ,"llIMrli~ pid~ln'Yi,g",Smol !usi1m rmarringALlMnl)'. 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Bor~ or lb:!renWY.lngol~ proj~dmar d Commonwealth of Virginia ap~aratlbe Iltarlngar~ Ples~ntllis or hffviNSOI'myseoo lI1itIM tom­ ~ 7615959 R1~ntsblforf:ltldr IIwn]lo tileAvUrnily,bW E&st l.tari:~tStrre~ Room 8116,ellil!ollmllle, Virgnia 21m A~ofthea~taOOilI1'.ayhe State 0 ~jrginia k,~~~~~reS_~U9~31, 2018 iMpede4atlheoliimolllleAlllhonly, My CommissJ n expires _---'_ _ _ _ _ _ __ ,eoo,..Dev/I""MlAuUllity.llhI Cil)'alChait~Ues\l't~Vi!g~il THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Exhibit (ii) Summary of Statements Representatives of the Jefferson Scholars Foundation (James H. Wright, President, and Michael E. Lntz, Director of Finance) and Christian & Barton, L.L.P., as bond counsel (Eric E. Ballou), appeared before the Authority to provide information relative to the foundation and to explain the refunding transaction. Jesse Bausch, Esq., of Sands Anderson PC, as counsel to the Authority, also spoke as the transaction and the Authority'S role as conduit issuer of the bonds. No one appeared in opposition to the proposed financing. Exhibit (iii) Fiscal Impact Statement FISCAL IMPACT STATEMENT Date: June 29, 2017 To the Economic Development Authority of the City of Charlottesville, Virginia Name of Applicant: Jefferson Scholars Foundation Facility: Graduate Fellows Center of the Jefferson Scholars Foundation 1. Maximum amount of financing sought $23,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality* $16,115,100 3. Estimated real property tax per year using present tax rates $153,100 4. Estimated personal property tax per year using present tax rates $6,800 5. Estimated merchants' capital tax per year using present tax rates $ -0- 6. (a) Estimated dollar value per year of goods that will be purchased $150,000 from Virginia companies within the locality (b) Estimated dollar value per year of goods that will be purchased $100,000 from non-Virginia companies within the locality (c) Estimated dollar value per year of services that will be purchased $12,100,000 ** from Virginia companies within the locality (d) Estimated dollar value per year of services that will be purchased $540,000 from non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis 18 employees 8. Average anuual salary per employee $134,600 Chairman, Economic Development Authority of the City of Charlottesville, Virginia * Reflects current assessed value ** Includes amowlt of annual grants by Foundation to students and faculty Exhibit (iv) Resolution onhe Economic Development Authority of the City of Charlottesville BOND RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CHARLOTTESVILLE, VIRGINIA APPROVING THE ISSUANCE OF AN UP TO $23,000,000 REVENUE REFUNDING BOND (JEFFERSON SCHOLARS FOUNDATION PROJECT) SERIES 2017 RECITALS WHEREAS, the Economic Development Authority of the City of Charlottesville, Virginia (the "Authority") is a political subdivision and a body politic and corporate of the Commonwealth of Virginia and is authorized under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), to issue its revenue bonds to finance and refinance the acquisition, construction and equipping of facilities for use by organizations (other than organizations organized and operated exclusively for religious purposes) that are exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "IRS Code"); WHEREAS, to fUlther the Act's purposes, at the request of the Jefferson Scholars Foundation, a Virginia nonstock non-profit corporation (the "Foundation"), the Authority has determined to issue and sell its revenue refunding bond (the "Series 2017 Bond") in an aggregate principal amount not to exceed $23,000,000 pursuant to the Act to assist the Foundation in refunding all 01' a pottion of the outstanding principal amount of the following obligations: (a) $18,000,000 Variable Rate Demand Revenue Bonds (Jefferson Scholars Foundation Project), Series 2007, issued by the Industrial Development Authority of Albemarle County, Virginia, and (b) $4,500,000 Revenue Note (Jefferson Scholars Foundation Project), Series 20 I 0, issued by the Virginia Small Business Financing Authority (together, the "Refunded Bonds"); and to pay costs of issuance of the Series 2017 Bond; WHEREAS, the Foundation used the proceeds of the Refunded Bonds to finance the acquisition, construction, and equipping of a new administrative office for the Foundation and its Jefferson Fellows Center located at 112 Clarke Court (formerly, the addresses of this site were 108, 112, 114 and 124 Maury Avenue and 110 Clarke Court), Charlottesville, Virginia, and to pay costs of issuance of the Refunded Bonds; WHEREAS, a public hearing has been held as required by Section 147(f) of the IRS Code, and in accordance with the provisions of Section 15.2-4906 of the Code of Virginii\ of 1950, as amended (the "Virginia Code"); WHEREAS, the Series 2017 Bond is expected to be sold to STI Institutional and Government, Inc. (the "Bank") pursuant to a Bond Purchase and Loan Agreement (the "Agreement"), among the Authority, the Foundation and the Bank; WHEREAS, the Series 2017 Bond will be a limited obligation of the Authority, the principal of, premium, if any, and interest on which will be payable solely out of the receipts and revenues of the Authority derived from the Agreement; and WHEREAS, a form of the Agreement, including a form of the Series 2017 Bond and a promissory note of the Foundation (the "Note") attaehed thereto, has been presented to this meeting and filed with the Authority's reeords. After careful consideration and in furtherance of the public purposes for which the Authority was created, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The issuance of the Series 2017 Bond, to be styled the "Economic Development Authority of the City of Charlottesville, Virginia Revenue Refunding Bond (Jefferson Scholars Foundation Project), Series 2017," with principal amounts, maturities, and interest rates consistent with the Bond Terms (as defined below), is hereby authorized and approved. The refunding of the Refunded Bonds is hereby authorized and approved. The Series 2017 Bond shall be issued in an aggregate principal amount flot to exceed $23,000,000, and shall bear interest as provided and mature on the dates set forth therein; provided, however, that the maximum initial rate of interest shall not exceed 5.0% per annum and the final maturity date shall be not later than October 1, 2047 (the "Bond Tenl1s"). The final principal amount, interest rate and maturity date of the Series 2017 Bond are to be determined by the Chairman or Vice Chairman as evidenced by his or her execution of the Series 2017 Bond. The Series 2017 Bond shall be in substantially the form attached as an exhibit to the Agreement. Principal of and premium, if any, and interest on the Series 2017 Bond shall be limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority under the Agreement and the security therefor. The principal of and premium, if any, and interest on the Series 2017 Bond shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City of Charlottesville, Virginia (the "City"). Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of or premium, if any, or interest on the Series 2017 Bond or other costs incident thereto exeept from payments received pursuant to the Agreement and the security therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, will be pledged to the payment of the principal of or premium, if any, orinterest on the Series 2017 Bond or other costs incident thereto. No covenant, condition or agreement contained in the Series 2017 Bond or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any past, present or future director, officer, employee or agent of the Authority in his or her individual capacity, and no officer of the Authority executing the. Series 2017 Bond shall be liable personally on the Series 2017 Bond or be subject to any personal liability or accountability by reason of the issuance thereof. 2. The Series 2017 Bond and the Agreement are approved in substantially the forms submitted to this meeting, with sueh ehanges, inseltions or omissions (including, without limitation, changes of the name, series designation or dated dates thereof) as may be approved by the Chairman or the Vice Chairman of the Authority, whose approval will be evidenced conclusively by the execution and delivery of the Series 2017 Bond and the Agreement. The Chairman and the Vice Chairman of the Authority are each authorized and directed to accept from the Foundation the Note to evidence the Foundation's repayment obligation for the loan -2- provided for in the Agreement and to assign by endorsement and deliver the Note to the Bank as security for the Series 2017 Bond. 3. The execution and delivery by the Authority of the Agreement are authorized. The execution of the Series 2017 Bond and its delivery against payment therefor, the amount of such payment to be disbursed in accordance with the terms of the Agreement, are authorized. 4. The Chairman or the Vice Chairman of the Authority is each authorized to execute on behalf of the Authority the Series 2017 Bond and the Agreement, and the Secretary or Assistant Secretary of the Authority is authorized to affix the seal of the Authority to the Series 2017 Bond and, if required, the Agreement and to attest such seal. The signatures of the Chairman or Vice Chairman and the Secretary or Assistant Secretary and the seal of the Authority may be by facsimile. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, including without limitation an escrow agreement, IRS Form 8038 and a tax compliance agreement or celtificate, and to do and perform such things and acts as he or she deems necessary or appropriate to carry out the transactions authorized by this resolution or contemplated by the Series 2017 Bond, the Agreement or the refunding of the Refunded Bonds, and all of the foregoing, previously done or performed by such officers ofthe Authority, are in all respects approved, ratified and confirmed. 5. At the request of the Foundation, the Authority approves Christian & Barton, L.L.P., as Bond Counsel in connection with the issuance of the Series 2017 Bond. 6. All fees, costs and expenses in connection with the issuance and sale of the Series 2017 Bond, including the Authority'S administrative fee and the other fees and expenses of the Authority, bond counsel and Authority counsel, shall be paid from moneys provided by the Foundation. If for any reason such Series 2017 Bond is not issued, it is understood that all such expenses shall be paid by the Foundation and that the Authority shall have no responsibility therefor. Neither the Authority, including its officers, directors, employees and agents, nor the City, shall be liable and hereby disclaim all liability to the Foundation and its affiliated entities for any damages, direct or consequential, resulting from the failure of the Authority to issue the Series 2017 Bond for any reason. 7. The Foundation agrees to indemnify and save harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the issuance and sale of the Series 2017 Bond or the refunding of the Refunded Bonds. 8. The Authority hereby recommends that the City Council of the City of Charlottesville, Virginia (the "Council"), approve the issuance of the Series 2017 Bond as required by Section 147(f) of the IRS Code and Section 15.2-4906 of the Virginia Code. . 9. No bonds may be issued pursuant to this resolution until such time as the issuance offhe Si~t'ies2017 Bond has been approved by the Council. 10. This resolution will take effect immediately upon its adoption. -3- CERTIFICATE The undersigned Secretary of the Economic Development Authority of the City of Charlottesville, Virginia (the "Authority"), celtifies that: 1. A meeting of the Authority was held on June 29, 2017, at the time and place established and noticed by the Authority, at which the following members were present and absent: MEMBER PRESENT/ABSENT N1 r. [) kl1 d-ct>1 preJeVl1 VVi r. YOkVI~ p r-eJ 0, + W') r, 0""-/0Y 'Pr«jc.ht VlfI r, r:e ,h p,-eS",n t r\/I S. ::;~ed(S prC.fLl1t c:t 115~f (lfJ s. 8"yol 2. The foregoing Bond Resolution was adopted by a majority of the quorum of the Authority present by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Mr. OUflS-rUf'\ aye Mr. Yo",-v''J- o.. y <2 i'\I1 r.Beyer ct.'1.e Vlf) r. Felfs t(Y-"- (\fl 'l, Sho., Draper Aden Associates DRAWN: GAS SCALE: AS SHOWN C *" Engineering -+ SUl'Veying-+ Environmental Services CHECKED; DATE: REV: 01102/2015 10/19/2016 700 Harris Street, Suite E Blacksburg, VA Charlottesville, VA 434-295-0700 Fax: 434-295-2105 Richmond, VA Hampton Roads, VA PLAN NO. C14160C-01 S LEGEND • • • • • • • • • • • • • Floodplain -·-·-·-Floodway D Storm Structure ------------------------ Stream Buffer .0 Fire Hydrant e Water Meter ® Water Valve - ss-@-- s s - Son. Manhole - w/ San. line ~\.'IR O}i' /? VICINITY MAP Scale: 1=1000' l~~ Lie. No. 2425 10-19-2016 ADJOINING OWNERS TM 26-45.5 DAVID H & CHRISTINA S WEISS DB 2011-2060 TM 26-45.6 WILLIAM F & ASHLEY B JOHNSTON CURRENT ZONING: DB 2009-4851 TM 26·45: Zone R-1S TM 26-45.7 KURT & SUSAN J JORDAN DB 2009-5498 1.) Required Front Yard - TM 26-45.8 25', min.* On any lot where 40% or AHMAD FASHANDI & ANNA ZIMMERMAN more of the lots located within 500' in DB 2014-1548 either direction, fronting on the same TM 26-45.9 side of the street, have front yards CLINT C & ANDREA L WILDER greater or less than the minimum DB 2014-891 front yard, the required front yard shall be the average depth of the TM 26-45.11 existing front yards within 500'. CHANTAL ELIZABETH JENNINGS DB 2014-3302 2.) Required Side Yard - TM 26-45.12 DAVID KOEHN & ASHLEY MATTHEWS SFD: 5' minimum DB 2008-5547 Non-Res.: 50' minimum TM 26-45.13 Corner, street side: 20' minimum. MICHELLE KISLIUK DB 2009-433 3.) Required Rear Yard - ALB. TM 77-7 Res.: 25' minimum CITY OF CHARLOTTESVILLE DB 4462-562, PG. 567-573 PLAT Non-Res.: 50' minimum TM 26-67 CHARLES A Ill & KENDALL YOUNG TITLE REFERENCE: WB 30-351 TM 26-45 TM 26-43B Owner: CITY OF CHARLOTTESVILLE ROY'S PLACE LLC DB 2014-2729 DB 1022-755 DB 1117-239-248 PLAT COMPILED PLAT SHOWING MINOR DIVISION TAX MAP 26, PARCEL 45 CHARLOTTESVILLE, VIRGINIA SHEET2 of 4 .~ Draper Aden Associates DRAWN: GAS SCALE: AS SHOWN C "* Engineering -t Surveying• Envircmme11tal Services CHECKED: DATE: REV: 01/02/2015 10/19/2016 700 Harris Street, Suite E Blacksburg, VA Charlottesville, VA Richmond, VA PLAN NO. 434-295-0700 Fax: 434-295-2105 Hampton Roads, VA C14160C-01S SHEET3 of 4 DRAWN: GAS SCALE: 1·.. 50· CHECKED: DATE: 01/02/2015 REV: 10/1912016 CURVE TABLE CURVE IRAD!US IARC LENGTH !DELTA ANGLE !CHORD LENGTH !CHORD BEARING C1 11235.00' 150.05' 12"19'18" 150.04' !SJ2'J5'04"W C2 11235.00' 150.07' 12·19'22" 150.06' iS34'54'24"W \ TM 26-45.5 - \ TM 26-45.6 w i;; 1--~~- - ~-- - - -----n- p Subject: Woolen Mills Historic Overlay - Removal of Support Date: November 14, 2016 at 9:16:43 AM EST To: Cc: 'Jen Oppenheimer' Resent-From: To the members of City Council, I understand that the question of creating a historic overlay of Woolen Mills is going before council and may affect our property at 1615 East Market (which is a double lot). Previously in an informal vote ·̣̠̣̼͠ ̠͠Ϥ ̼Ϥ̣̖̠ϕ̠̓͒̓̓Ϡ̛ ·Ϥ ̠ψϠ ͖ͻ͏͏̓͒͠ϤϠ ̠̣͖͠ ̓ΆϤ̵͒ψ΍ ͏̵ψ̛̼ ϕͻ͠ ψ͖ ·Ϥ̡ΆϤ ͖͏̲̓Ϥ̼ ̓͠ ̻̓͒Ϥ ̼Ϥ̣̖̠ϕ͖̓͒ and looked closer at the ramifications of this, we would like to rescind our support and try to remove our house from the overlay if it does get put through. Thank you, Lem Oppenheimer Chief Operating Officer / Co-Founder Easy Star Records 434-326-5736 lem@easystar.com www.easystar.com 13 B. From persons who are not owners of property within the proposed district Katherine E. Slaughter 1503 Short 18th Street Charlottesville, Va. 22902 434-971-5813 kes1961@ntelos.net September 11, 2016 To: Charlottesville Board of Architectural Review, Charlottesville Planning Commission and Charlottesville City Council\ Re: Conservation District for Woolen Mills Neighborhood I hope that you will support designating the Woolen Mills as a Historic Conservation District. This neighborhood, of which I am a resident, has such a rich history, and many of the buildings and sites reflect this – including the Rivanna River, Riverview Cemetery and the Woolen Mills Chapel. Many of the homes are also representative of both the managers of the historic Woolen Mills and some of the workers – some of the oldest homes in the Mills are located in the County. Because the area overlaps the city-county line, it would be wonderful if the city and county could discuss their mutual interest in the area. Beginning in the 1980s, the Virginia Department of Historic Resources as well as the National Register of Historic Places began to recognize the concept of historic resources broadened beyond architecturally significant buildings or buildings of historically famous incidents or people to include representative examples from many historic periods, including industrial plants, worker housing, military buildings, barns, schools, battlefields, roads, bridges, and designed landscapes. In the Woolen Mills, strong neighborhood support exists for being designated as a Historic Conservation District. In May the WMNA mailed ballots to the 68 owners of the 80 parcels which would be affected by a proposed overlay. In the two weeks that followed, 72% (49) of the owners responded. Three voted “no”, forty-six voted “yes”. (I note that I am not an owner in the affected overlay district). The 2013 Comprehensive Plan also suggests consideration of portions of the Woolen Mills neighborhood for designation (See Chapter Seven, “Historic Preservation and Urban Design” goal 6.7.) I hope you will support the designation of the Woolen Mills Neighborhood. 14 From: Carol Hunt [mailto:chunt1@embarqmail.com] Sent: Tuesday, September 13, 2016 11:22 AM To: Scala, Mary Joy Subject: Woolen Mills Historic District becoming Conservation District Dear Ms. Scala, I am writing to express my support for the Woolen Mills Historic District becoming a Conservation District. I would like to as the BAR and the Planning Commission to approve this request on the part of the residents of the historic district. Woolen Mills is a beautiful old neighborhood that is constantly being threatened by redevelopment and light industrial needs. We must do everything we can to preserve its unique character and harmonious architecture. Thank you for anything you can do to facilitate this request. Sincerely, Carol Hunt, Woolen Mills Neighborhood Association Member 15 16 From: Preservation Piedmont Date: Wed, Sep 14, 2016 at 9:30 AM Subject: Designation of Woolen Mills Neighborhood To: Mary Joy Scala , Justin Sarafin City BAR , Carl Schwarz City BAR , Whit Graves City BAR , "Chair Melanie Miller City BAR Chair, Historic Resources Committee, Co-Chair" , Laura Knott City BAR , kkeesecker@brw-architects.com, Emma Earnst , Stephen Balut , Tim Mohr City BAR To Chairperson Miller and members of the Charlottesville Architecture Review Board, Preservation Piedmont, our local historic preservation organization, urges the BAR to support the local designation of the Woolen Mills neighborhood as a Historic Conservation District. Much of this neighborhood is on the Virginia Landmarks Register and the National Register of Historic Places. Sec. 34-271 (1) of the Zoning Ordinance states that the City seeks to "preserve and protect buildings, structures and properties which serve as important visible reminders of the historic, cultural, and architectural or archaeological heritage of this city...". Thank you for protecting this important neighborhood. Jean Hiatt Preservation Piedmont Preservation Piedmont | P.O. Box 2803 | Charlottesville, VA | 22902 17 From: Lucia Stanton [mailto:cstanton1811@gmail.com] Sent: Monday, September 19, 2016 3:08 PM To: Scala, Mary Joy; Mess, Camie Subject: BAR meeting and Woolen Mills CV To members of the: Charlottesville Board of Architectural Review Charlottesville City Planning Commission Charlottesville City Council I am writing to express my wholehearted support for the Woolen Mills Village Historic Conservation District. This unique and evocative area needs every protective measure available to prevent the loss of its historic features and its distinctive character. On a personal note, although I live in the county and am not a Woolen Mills resident, I usually take out-of-town visitors to two places, Monticello and the Woolen Mills area. And my grown daughter makes a pilgrimage to the Woolen Mills every time she returns to town. I say this only to stress how special a place it is. I hope you will support every possible measure to protect this neighborhood, a treasure for us all. Your sincerely, Lucia (Cinder) Stanton Shannon Senior Historian Emerita (Monticello) Coordinator, Central Virginia History Researchers 18 Dear BAR, Planning Commission and City Council, My husband and I moved to Charlottesville twenty-five years ago. Over those many years we have experienced some exciting and some unwelcome, drastic changes to the city. Early on we became involved in our neighborhood association and appreciated the sense of community and connection to place that was being nurtured. I am proud that we were instrumental in the designation of the Martha Jefferson Historic District on the Virginia Landmarks Register and the National Register, and that we became the first designated Historic Conservation District in the city. I am writing to urge you to approve the creation of the Woolen Mills Historic Conservation District. As you know, the guidelines are modest and not onerously restrictive, with the intent to protect the scale and character of the neighborhood. At a time when new development is burgeoning, it is more important than ever to treasure the unique and diverse corners of the city that still reflect its history and character. I believe it is important for city officials to respect the wishes of its residents and the integrity of all the city’s neighborhoods. Please support the application for the Woolen Mills Historic Conservation District zoning overlay. Sincerely, Ellen Casey Wagner 841 Locust Avenue Charlottesville, VA 22902 p.s. please note that while I am on the city’s Historic Resources Committee and the board of Preservation Piedmont, I am writing to express my personal view as a longtime city resident. 19 From: hevergreen [mailto:hevergreen@cs.com] Sent: Thursday, October 27, 2016 3:32 PM To: Scala, Mary Joy Subject: Letter Dear Planning Commission and City Council, I am a newly elected member of the Woolen Mills Neighborhood Association. I am asking that you approve our neighborhood request for Historic Conservation status. While I live in a different part of Woolen Mills from this district, it sets a tone for the whole area. There is a rich history here which deserves some protection. We have an interesting and vibrant mix of housing styles which we wish to maintain. Cordially, Howard Evergreen From: Pete Armetta Sent: Wednesday, November 09, 2016 4:50:31 PM To: Planning Commission; Council Subject: Woolen Mills Village Historic Conservation District Dear Planning Commissioners and City Councilors. In the spirit of keeping original neighborhoods intact and development proportionate to their character, I support the designation of the Woolen Mills Village Historic Conservation District. I also encourage its consideration in other downtown-adjacent residential neighborhoods along with form-based code and other tools that will help preserve local landscapes. This added layer of sensitivity is not too restrictive when the trade off is placekeeping, the building of neighborhood identity, and protection of our city's traditional affordable housing stock. Thank you, Pete Armetta 506 Ridge Street 20 From: cindy cartwright Sent: Wednesday, November 09, 2016 5:49:35 PM To: Council; Planning Commission Subject: Woolen Mills Conservation District Dear Charlottesville Citizens We Entrust, I am writing in support of adopting a Historic Conservation District overlay in the Woolen Mills. Our neighborhood is certainly eclectic, but it's roots reside in history. We have no wish to change the patchwork quilt that surrounds us. As former residents of Manhattan, we embrace the diversity that inhabits our neighborhood. We were thrilled to be enjoy the 120th anniversary of our house a few years ago with neighbors. But when my family had lived in our house for ten years, we became the first family to do so in over 50 years. In the 1950s, our house was flipped into a duplex. Significant features of the house were permanently removed. History was altered in some highly questionable, and terribly energy inefficient, ways. Yet; most of the change makers during this time never lived in our house or owned it more than five years. So, tonight I ask you to vote for thoughtful renovations and thoughtful new construction. Homes should be restored and built. Structures that will sell quickly should be discouraged. Let's value thoughtful planning and long-term thinking. Cindy Cartwright 1404 East Market Street 21 From: Laura Covert [mailto:lcmacb@gmail.com] Sent: Friday, November 11, 2016 1:33 PM To: Scala, Mary Joy Subject: Conservation district question Greetings Mary Joy. I have a question about the conservation district that is in the works for Woolen Mills. I attended the information session you gave for the neighborhood board and at that time I asked the question as to whether or not out buildings would be required to be reviewed by the BAR. I recall that you said that they would not need to be reviewed, that the conservation district was more concerned with the front of houses and with new houses and tear downs of existing houses. The wording in the regulations says "all new structures require design review by the BAR." Does this include outbuildings like sheds/coops/garages etc? Please let me know. Many thanks Laura Covert From: Courtney Subject: Re: Woolen Mills district changes Date: November 14, 2016 at 9:32:03 AM EST To: Resent-From: It has just been brought to my attention that our property is included and we were never sent a ballot on this. This needs to be voted on again in fairness to everyone. Please respond. Thank you. On Nov 14, 2016, at 9:28 AM, Courtney wrote: Dear Council, We would like to notify the council that as property owners in the Woolen Mills, our property being located at 1315 East Market Street, that we are opposed to any change in the districts code and historic status now and in the future. Luckily our house is not affected directly in the current change that is up for approval, however we will not agree to any changes in the status of our property in the future and are against the current change. Thank you, Courtney and Arthur Heyward 1315 East Market Street 22902 22 8. National and Virginia Register historic district survey and map link http://www.charlottesville.org/home/showdocument?id=15458 9. Staff’s letters to affected property owners May 19, and June 12, 2017 CITY OF CHARLOTTESVILLE “A World Class City” Department of Neighborhood Development Services City Hall Post Office Box 911 Charlottesville, Virginia 22902 Telephone 434-970-3182 Fax 434-970-3359 www.charlottesville.org May 19, 2017 RE: Proposed Woolen Mills Village Historic Conservation District Notification and Poll Dear Property Owner: This notification and poll is being sent to you as an affected owner of property located within the proposed Woolen Mills Village Historic Conservation District. There is a map of the proposed district in this mailing. If you own multiple properties in the proposed district, you will receive a letter for each property. The proposed zoning overlay district was originally proposed by the Woolen Mills Neighborhood Association (WMNA), and was recommended by the Board of Architectural Review on September 20, 2016, and by the Planning Commission on November 9, 2016. On December 21, 2016 John Frazee, the President of WMNA, requested deferral of City Council’s consideration of the proposed district for six months, or until the final revisions to the historic conservation district code were adopted. City Council adopted the code changes on April 17, 2017. (A copy of both the Ordinance and related Design Guidelines are attached for your information.) Therefore, the proposed Woolen Mills Village Historic Conservation District may now be scheduled before City Council for a final decision. First, we would like to ask for your opinion in a poll, to advise Council how much support the proposed district has among affected property owners. However, this is not a vote. City Council does not make zoning decisions by popular vote. Council’s ultimate action will be based on its assessment of whether or not the proposed conservation district will serve public interests, and its decision will be informed by the results of your response to this poll, along with other factors. To date, some Woolen Mills residents have suggested that the City should consider adopting an ―opt-out‖ provision to be included within the proposed historic district regulations. The City Attorney’s Office has advised that opt-out provisions are not within the City’s zoning authority conferred by the Virginia General Assembly. According to the City Attorney’s Office, opt-out provisions:  Would likely constitute an unlawful delegation of city council’s legislative zoning powers to private parties;  Would likely constitute ―SPOT ZONING‖ because the decision as to whether a particular property would be part of, or excluded from, the conservation district would be based purely on the private interests of an individual landowner, rather than the overall welfare of the general public and good zoning practice; and  Would possibly create grounds for a court to invalidate the entire conservation district ordinance, due to a lack of uniformity—some properties that are ―contributing‖ (based on objective criteria) would be subject to regulation, while other properties that are ―contributing‖ would not. We are asking that you respond to one question on the enclosed post card: Do you prefer that your property is included in the proposed historic district? If you respond ―no,‖ please give the reason(s) for your response. For your reference, the criteria that are used to determine which properties should be included within a local conservation/ historic district are set forth within the zoning ordinance, see City Code sec. 34-336. All comments are welcome. If you own multiple properties in the proposed district, you will receive one post card for each property. Please drop the postcard(s) in the mail so that they are postmarked by 5:00 p.m. on Monday, June 5, 2017. Later, you will receive a notice of the tally, and the upcoming City Council public hearing date. If you should have any questions regarding this mailing, please contact Mary Joy Scala, Preservation and Design Planner at 434-970-3130 or scala@charlottesville.org Sincerely Yours, Mary Joy Scala Preservation and Design Planner CITY OF CHARLOTTESVILLE “A World Class City” Department of Neighborhood Development Services City Hall Post Office Box 911 Charlottesville, Virginia 22902 Telephone 434-970-3182 Fax 434-970-3359 www.charlottesville.org June 12, 2017 RE: Proposed Woolen Mills Village Historic Conservation District - Council Meeting Dear Property Owner: This letter is to inform you, as an affected property owner of property located within the proposed Woolen Mills Village Historic Conservation District, of the recent City poll results, and to notify you of the upcoming City Council meeting date when Council will conduct a public hearing on the proposed historic district. Of the 85 notices we mailed in May, we received back 65 postcards, or 76% of the total. The results are as follows: 37 postcards were received marked: NO, I prefer that the following property IS NOT included in the Woolen Mills Village Historic Conservation District. 26 postcards were received marked: YES, I prefer that the following property IS included in the Woolen Mills Village Historic Conservation District. 2 postcards were ―returned to sender‖ in original envelopes with no response. Council’s ultimate action will be based on its assessment of whether or not the proposed conservation district will serve public interests, and its decision will be informed by the results of your response to this poll, along with other factors. City Council will hold a public hearing (and the first of two required readings) at their regular meeting on Monday, July 17, 2017, starting at 7:00 p.m. in Council Chambers, City Hall, 605 East Main Street, Charlottesville, Virginia. An agenda will be posted on the City website. If you should have any questions regarding this mailing, please contact Mary Joy Scala, Preservation and Design Planner at 434-970-3130 or scala@charlottesville.org Sincerely yours, Mary Joy Scala Preservation and Design Planner CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: July 17, 2017 Action Required: Approval of Resolutions for Re-Allocation of Existing CIP Funds – McIntire Park RR Pedestrian Bridge and Skate Park Presenter: Doug Ehman, Manager, Parks Division Vic Garber, Manager, Recreation Division Chris Gensic, Parks and Trails Planner Staff Contacts: Brian Daly, Director, Parks and Recreation Title: Re-Allocation of Existing CIP Funds – McIntire Park RR Pedestrian Bridge and Skate Park Background: Two large projects within McIntire Park, the bicycle and pedestrian bridge over the Norfolk Southern Railroad, and the new skate park on the east side of the park, have reached the point where a determination of the use of existing CIP funds for the two projects is required. The bicycle and pedestrian bridge over the railroad linking the two sides of McIntire Park has been a community priority for many years. It was noted in the 1972 Master Plan for the park as well as in many subsequent plans for the area: 1983 Park Master Plan 2003 Bicycle/Pedestrian Master Plan 2007 City Comprehensive Plan 2008 West Side McIntire Park Master Plan 2012 East Side McIntire Park Master Plan 2013 City Comprehensive Plan 2015 Conceptual Design for East Side of McIntire Park This bridge is a critical link in the east/west connectivity of off-street transportation along the 250 bypass commuter trail. The City has worked for many years to seek funding grants and approvals from the Norfolk Southern Railroad and the Virginia Department of Transportation to complete this link. Bids were received March 22, 2017 and the low bid from Corman Construction was $2,013,387. Current fund balance in Project P-00673 (RR Bridge) is $1,292,272. There will be additional costs for railroad flagging during construction as well as construction management. Cost summary below: RR Bridge Low Bid 2,013,387 Flagging 208,248 Construction Mgmt 140,000 Contingency 100,000 Subtotal 2,461,635 Current Balance P-00673 1,292,272 Additional Required 1,169,363 A new skate park, included in the master plan and schematic design for the east side of McIntire Park (approved by City Council in 2012 and 2015 respectively) is also a community priority and is currently located in a temporary manner on the east side of McIntire Park in the old golf course parking lot. Bids were received January 24, 2017 for the construction of the new skate park and the low bidder was Martin Horn with a bid price of $2,436,995. Following lengthy negotiations and the removal of lights from the first phase of the project construction, staff and Martin Horn have agreed upon a final construction cost of $1,985,163. Further cost savings were achieved by working with City Facilities Development staff in the Public Works Department, who will provide construction management services for the skate park project. Current fund balance in Project P-00733 (Skate Park Relocation) is $1,503,748. Cost Summary Below: Skate Park Low Bid 1,985,163 Contingency 100,000 Subtotal 2,085,163 Current Balance P-00733 1,503,748 Additional Required 581,415 Discussion: Total Funding for the two projects is 4,546,798. Total available funding is outlined below. Current Code Balance McIntire Master Plan P-00207 2,219,327 Skate Park P-00733 1,503,748 Railroad Bridge P-00673 1,292,272 Total 5,015,347 Please note that the balances listed above are a combination of amounts that will carry over from FY (fiscal year) 17 to FY18 as well as new money, which was included in the FY18 budget. It should be noted that funding from the FY17 carryovers are subject to adjustment until the FY17 audit is completed. Should account balance changes occur, staff will adjust the transfer amount to fully fund the project. Staff recommends using existing CIP funds from these three projects in an aggregate manner to accomplish the long-held goal of the pedestrian bridge over the railroad and completion of the skate park in a comprehensive manner. Transferring required funding from the McIntire Park Master Plan account (P-00207) to both the bridge and skate park projects would leave a balance of $468,549. This amount will allow for the further investment in completing the schematic design for the east side of the park, including the trail from the RR bridge to the U.S. 250 / John Warner Parkway and a smaller pedestrian bridge in the northern portion of the park connecting the botanical garden area to the trail systems south of a tributary to Schenk’s Branch. Community Engagement: Extensive community engagement took place as part of the Master Planning of the east side of McIntire Park, as well as a separate and distinct design process for the skate park that also included extensive community engagement. The Conceptual design for the east side of the park was approved by City Council in March of 2015 and includes both amenities. Alignment with City Council’s Vision and Strategic Plan: This project aligns with City Council’s “Green City” vision and contributes to Goal 2 of the Strategic Plan: Be a safe, equitable, thriving and beautiful community, and objective 2.5, to provide natural and historic resources stewardship. Budgetary Impact: No additional funding is required to be appropriated. The funding sources recommended for use have been appropriated by City Council through prior actions, including a $25,000 grant toward the skate park from the Tony Hawk Foundation. Upon completion of both projects, remaining funds can be reallocated back to the primary McIntire Park capital account for future park renovation needs. Recommendation: Staff recommends this approach to utilize existing appropriated funds to complete two major projects within McIntire Park. Alternatives: Council may choose to an alternative path forward or approve this funding approach. Attachments: Resolutions – Re-allocation of CIP Funding RESOLUTION McIntire Park CIP funding for Railroad Bridge Project $1,169,363 WHEREAS, the City of Charlottesville, through Parks and Recreation, has been awarded $1,096,295 from the Virginia Department of Transportation to construct a bicycle and pedestrian trail bridge across the railroad at McIntire Park; and WHEREAS, the City needs to provide additional local funds in the amount of $1,169,363 from the McIntire Park Improvement CIP fund (P-00207); and NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $1,169,363 is hereby appropriated in the following manner: Budget Transfer From $1,169,363 Fund: 426 WBS: P-00207 G/L Account: 599999 Budget Transfer To $1,169,363 Fund: 426 WBS: P-00673 G/L Account: 599999 Be it further resolved that the amount of this transfer is contingent upon the closeout of Fiscal Year 2017, and the transfer amount noted above could be subject to change but will be limited to an amount that results in a total project budget in account P-00673 that does not exceed $2,461,635. RESOLUTION McIntire Park CIP funding for Skate Park Project $ 581,415 WHEREAS, the City of Charlottesville, through Parks and Recreation, has received bids and negotiated a price with the low bidder to construct the Skate Park within McIntire Park; and WHEREAS, the City needs to provide additional local funds in the amount of $ 581,415 from the McIntire Park Improvement CIP fund (P-00207); and NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $ 581,415 is hereby appropriated in the following manner: Budget Transfer From $ 581,415 Fund: 426 WBS: P-00207 G/L Account: 599999 Budget Transfer To $ 581,415 Fund: 426 WBS: P-00733 G/L Account: 599999 . Be it further resolved that the amount of this transfer is contingent upon the closeout of Fiscal Year 2017 and the transfer amount noted above could be subject to change but will be limited to an amount that results in a total project budget in account P-00733 that does not exceed $2,085,163. This page intentionally left blank. Rivanna Water & Sewer Authority Rivanna Solid Waste Authority 695 Moores Creek Lane Charlottesville, Virginia 22902-9016 434.977.2970 • 434.293.8858 Fax www.rivanna.org MEMORANDUM TO: THE HONORABLE CHARLOTTESVILLE CITY COUNCIL FROM: BILL MAWYER, EXECUTIVE DIRECTOR RIVANNA WATER & SEWER AUTHORITY RIVANNA SOLID WASTE AUTHORITY SUBJECT: QUARTERLY UPDATE DATE: July 17, 2017 This quarterly update to provide information on drinking water, wastewater and solid waste projects currently in the planning, design or construction phases for the Rivanna Authorities. A general overview of the current and upcoming Capital Improvement Projects follows: 1. Odor Reductions at Moores Creek Wastewater Plant Scope: Provide two clarifier covers, one air scrubber, wastewater containment pipe, and chemical neutralizers. Status: Clarifier covers and chemical neutralizers have reduced odor levels. Construction of permanent facilities continues. Completion: January 2018 Cost: $10 million 2. Rivanna Wastewater Pump Station Scope: Replace existing pump station and increase wastewater pumping capacity from 25 to 53 million gallons per day. Completion: July 2017 Cost: $32 million 3. Granular Activated Carbon Facilities Scope: Add GAC contactors at all five water treatment plants to minimize disinfection byproducts in our drinking water. Completion: December 2017 Cost: $29 million 4. Water Treatment Plant Improvements Scope: Replace equipment which has reached end-of-service life at the South Rivanna, Observatory, and Crozet Water Treatment Plants. Completion: 2019-2021 Cost: $20 million 5. South Fork Rivanna to Ragged Mountain Reservoir Pipeline Right-of-Way Scope: Determine alignment and acquire rights-of-way for pipeline to transfer raw water between the South Rivanna Reservoir to Ragged Mountain Reservoir, as set forth by the community water supply plan. Completion: 2017-2022 Cost: $2.3 million 5. Avon Street to Pantops Water Main Scope: Provide a drinking water main between water storage tanks located on Pantops and Avon Street to improve hydraulic connectivity between the two tanks. Completion: 2020-2023 Cost: $13 million 8. Replace Ivy Transfer Station Scope: Provide 11,600 sq. ft waste transfer station and demolish the existing transfer station. Construction: 2017-2018 Cost: $2.5 million cc: RSWA Board of Directors RWSA Board of Directors 2 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: July 17, 2017 Action Required: seeking Council direction Presenter: Alex Ikefuna, NDS Director Staff Contacts: City Attorney’s Office: Lisa Robertson, Andrew Gore NDS: Alex Ikefuna, Stacy Pethia City Manager’s Office: Brenda Kelley Title: Council’s Request for Information on Community Development Corporations Background: One or more City Council members have requested information on Community Development Corporations, specifically: whether or not Council could form such a corporation in order to itself undertake redevelopment activities for construction of affordable housing. For the reasons discussed below, we are of the opinion that City Council itself is not authorized to form a development corporation to undertake redevelopment activities, but that other alternatives may be available to Council. Discussion: By law in Virginia, under what’s referred to as Dillon’s Rule of statutory construction: a municipal corporation such as the City of Charlottesville has only those powers that are expressly granted by the General Assembly (“enabling legislation”), or powers that may necessarily or fairly be implied from expressly-granted powers. Within Virginia Code §36-19, the General Assembly has expressly granted to every Redevelopment and Housing Authority the following powers (among others): (2)Within its area of operation 1, to prepare, carry out, acquire, lease and operate housing projects and residential buildings, and to provide for the construction, reconstruction, improvement, alteration or repair of any housing project 2, residential building, or any part thereof, 1 The CRHA’s “area of operation” consists of the entire City, see Va. Code §36-3. 2 In Va. Code §36-3, the term “housing project” is defined to mean any work or undertaking: (i) to demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or (ii) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low and moderate income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (iii) to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures or improvements, the and to construct, remodel or renovate any public building or other facility used for public purposes provided the authority is requested to do so by the governing body of the political subdivision wherein the public building or facility is located….and (12)With the approval of the local governing body or its designee, to form corporations, partnerships, joint ventures, trusts, or any other legal entity or combination thereof, on its own behalf or with any person or public or private entity…. We have found no enabling legislation that expressly confers these same powers on a city or municipality; therefore, we must conclude that the City Council cannot, independently of CRHA, form a development corporation for the purpose of providing for the construction or reconstruction of any development within the definition of “housing project” set forth within Virginia Code §36-3. Alternatives: There are a number of alternative options that City Council may consider. (1) Incentives for Private Development involving repair or production of affordable housing: Enabling legislation for this type of incentive program is set forth within Va. Code §15.2-958. This statute authorizes the City to offer public funding to owners of residential rental property that is occupied, or that will be occupied, following rehabilitation or after construction (if new), by persons of low and moderate income, for the purpose of rehabilitating or producing such property. Any property owner who accepts public funding offered pursuant to this incentive program must demonstrate that, upon completion of rehabilitation or construction, at least 20 percent of the dwelling units rehabilitated or constructed will be occupied by low and moderate income persons, for a minimum of 10 years. The recipient does not need to be a non-profit entity. In connection with this type of program, the enabling legislation would also allow City Council to provide in-kind services (e.g., construction of streets, utilities, parks, parking facilities, and other site improvements essential to the planned rehabilitation or development). City Council could, if it chooses, adopt an ordinance authorizing this incentive program and authorizing Charlottesville Affordable Housing Fund (CAHF) money to be used for this purpose. (2) Land Bank Corporation: in 2016 the General Assembly adopted legislation authorizing a locality, by ordinance, to create a land bank entity as a corporation, for the purpose of is assisting the locality to address vacant, abandoned and tax delinquent properties. A Land Bank entity must have at least five (5) members, and may enter into an agreement with a locality for staffing services; the members don’t need to be from any particular groups or professions, but may not have any direct or indirect interest in the transactions or holdings of the entity. The new legislation does not limit the activities of a Land Bank, or its property acquisitions, to any particular geographic area within the locality. A Land Bank can sue and be sued in its own name (including actions to clear title to property); can borrow money from private lenders as well as the locality; can enter into contracts; can manage rental property; can sell property; can “design, develop, construct, demolish, reconstruct, construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith. rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property”; can enter into collaborative relationships with municipalities, and other public and private entities for the ownership, management, development and disposition of real property; and may acquire or accept transfers of real estate from any source, including a locality. See Va. Code §15.2-7506. Within an ordinance creating a Land Bank, a locality may establish a ranking of priorities for the use of real property conveyed by a Land Bank to third parties, including: affordable housing; public spaces; retail, commercial, industrial activities; or preservation of historic properties. Significantly, a locality may remit to the Land Bank up to 50% of real estate taxes collected on real property acquired by a person from the Land Bank, for a period of up to 10 years after the conveyance. (3) Housing Rehabilitation Zones: pursuant to Virginia Code §36-55.64, City Council may, by ordinance, establish “housing rehabilitation zones” (HRZ) to provide incentives and regulatory flexibility for certain housing development activities. Special zoning can be established for an HRZ; tax liens on property can be waived to facilitate a sale of a delinquent property to a new owner who will renovate, rehabilitate or replace an existing housing unit; the City may establish a service district within an HRZ, to provide additional or more complete public services within the HRZ (e.g., water; sewerage; economic development services; promotion of business and retail development; public parking; etc.). An HRZ, once established, is deemed to meet the state’s requirements for designation of “housing revitalization”—a designation which renders a housing development project eligible for state financing as an economically mixed project. A real estate tax exemption program could be established by Council, for new structures constructed in a rehabilitation zone, and for improvements to existing structures. See §58.1- 3219.4. (The City Assessor’s Office would need to actively participate in developing a tax incentive program; that office would largely be responsible for implementing/ administering the program). (4) Establish A More Robust Zoning Incentive Program: currently, the City’s Zoning ADU Program applies only in relation to landowners seeking a rezoning or special use permit for a particular development; the existing program is the result of special legislation obtained by the City from the General Assembly. Separate legislation, set forth within Virginia Code §15.2-2305, authorizes all localities to establish density bonuses, or other incentives, applicable to “by-right” development. Among the options authorized for such an incentive program are (i) an Exclusive Right for the City or its designee to purchase up to one-third (1/3) of for-sale ADUs, within 90 days of their being completed and ready for purchase (with the remaining 2/3 required to be offered for sale exclusively to income qualified purchasers, for a period of 90 days); and (ii) an exclusive right for the City or its designee to lease up to a specified percentage of the rental ADUs within a controlled period of time, with the remaining percentage of ADUS to be offered to income-qualified persons for a specified period of time. These provisions would facilitate partnerships between the City and third-parties such as a Land Bank, private developers/ contractors, local nonprofit entities, or other “designees” of City Council, to provide for long-term availability (15-50 years) of a supply of affordable housing units. (5) Community-Based Development Organizations (CDBO): federal law allows localities to provide Community Development Block Grant (CDBG) funds, as grants or loans, to a CBDO, to carry out neighborhood revitalization or community economic development projects. A CDBO’s activities must take place within a defined geographic area, which can’t be the entire area of the City. A CDBO itself must carry out an eligible project. (This means that the CBDO would either need to undertake CDBG-funded activities itself, or through a contractor other than the City, or the CDBO could provide financial assistance for activities in which it retains a direct and controlling involvement and responsibilities. Federal regulations require the governing board of a CDBO to consist of at least 51 percent (i) low- and moderate-income residents of its geographic area of operation, (ii) officers or owners of private establishments or institutions in that geographic area, and/or (iii) representatives of low- and moderate-income neighborhood associates located in the geographic area. All members of the governing board must be nominated and approved by the general membership of the organization, or by its permanent governing body. Alignment with Council Vision Areas and Strategic Plan: N/A at this time Community Engagement: N/A at this time Budgetary Impact: N/A at this time Recommendation: we recommend that Council provide direction to staff, the HAC and the Planning Commission as to which of the above-referenced alternatives Council might wish to develop as an action-item, and in what time period. Attachments: copies of statutes referenced within Alternatives (1)-(4). Page 1 of2 Code of Virginia Title 15.2. Counties, Cities and Towns Chapter 75. Land Bank Entities Act § 15.2-7506. Powers ofland bank entity. A. The land bank entity shall have the power to: 1. Adopt, amend, and repeal bylaws for tl1e regulation of its affairs and the conduct of its business; 2.Sue and be sued in its own name and plead and be interpleaded in all civil actions, including actions to clear title to property of the land bank entity; 3· Adopt a seal and alter the same at its pleasure; 4· Borrow money from private lenders, localities, or the state or from federal government funds, as may be nec-essary, for the operation and work of the land bank entity; 5. Procure insurance or guarantees from the Commonwealth or federal government of the payments of any debts or parts thereof incurred by the land bank entity and pay premiums in connection therewith; 6. Enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers; 7. Enter into contracts and other instruments necessary, incidental, or convenient to the petformance of functions by the land bank entity on behalf of localities or agencies or departments oflocalities or to the performance by localities or agencies or departments of localities of functions on behalf of the land bank entity; 8. Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the land bank entity; 9· Procure insurance against losses in connection with the real property, assets, or activities of the land bank entity; 10. Invest funds of the land bank entity, at the discretion of the board, in instruments, obligations, securities, or real property determined proper by the board and name and use depositories for its funds; 11. Enter into contracts for the management of, the collection of rent from, or the sale of real property of the land bank entity; 12.Design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property; 13. Fix, charge, and collect rents, fees, and charges for the use of real property of the land bank entity and for services provided by the land bank entity; http://law.lis.virginia,gov/vacode/title 15 .2/chapter75/section15 .2-7506/ 7/6/2017 Page 2 of2 14. Grant or acquire a license, easement, lease, or option with respect to real property of the land bank entity; 15. Enter into partnerships, joint ventures, and other collaborative relationships with municipalities and other public and private entities for the ownership, management, development, and disposition of real property; 16. Accept grants and donations from any source, as may be necessary, for the operations of the land bank entity; 17. Accept real estate from any source, subject to the limitations and restrictions set out in § 15.2-7507; 18. Make loans or provide grants to carry out activities consistent with the purposes of the land bank entity; and 19. Do all other things necessary or convenient to achieve the objectives and purposes of the land bank entity or other laws that relate to the purposes and responsibility of the land bank entity. B. The land bank entity shall neither possess nor exercise the power of eminent domain. 2016, cc. 159, 383. http://law.lis. virginia.gov/vacode/title 15 .2/chapter7 5/section 15.2-7 506/ 7/6/2017 Code of Virginia Title 36. Housing Chapter 1.5. Housing Rehabilitation Zones § 36-55.64. Creation oflocal housing rehabilitation zones A. Any city, county, or town may establish, by ordinance, one or more housing rehabilitation zones for the purpose of providing incentives and regulatory flexibility in such zone. B. The incentives provided in a housing rehabilitation zone may include, but not be limited to (i) reduction of permit fees, (ii) reduction of user fees, and (iii) waiver of tax liens to facilitate the sale of property that will be substantially renovated, rehabilitated or replaced. C. Incentives established pursuant to this section may extend for a period of up to 10 years from the date of initial establishment of the housing rehabilitation zone; however, the extent and duration of any incentive shall conform to the requirements of applicable federal and state law. D. The regulatory flexibility provided in a housing rehabilitation zone may include, but not be limited to (i) special zoning for the district, (ii) the use of a special permit process, (iii) exemption from certain specified ordinances, excluding ordinances or provisions of ordinances adopted pursuantto the requirements of the Chesapeake Bay Preservation Act(§ 62.1-44.15:67 et seq.), the Erosion and Sediment Control Law(§ 62.1-44.15:51 et seq.), and the Virginia Stormwater Management Act(§ 62.1-44.15:24 et seq.), and (iv) any other incentives adopted by ordinance, which shall be binding upon the locality for a period of up to 10 years. E. The governing body may establish a service district for the provision of additional public services pursuant to Chapter 24 (§ 15.2-2400 et seq.) of Title 15.2. F. Each locality establishing a housing rehabilitation zone pursuant to this section may also apply for the designation of a housing revitalization zone pursuant to Chapter 11 (§ 36-157 et seq.). Nothing in this chapter shall preclude such dual designation. G. Any housing rehabilitation zone established pursuant to this chapter shall be deemed to meet the requirements for designation of housing revitalization eligible to be financed as an economically mixed project pursuant to§ 36-55.30:2. H. This section shall not authorize any local government powers that are not expressly granted herein. 2006, c. 711;2013, cc. 756, 793;2016, c. 331. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 7/6/2017 Page 1 of2 Code of Virginia Title 58.1. Taxation Chapter 32. Real Property Tax § s8.1-3219.4· Partial exemption for structures in redevelopment or conservation areas or rehabilitation districts. For purposes of this section, unless the context requires otherv.rise: "Redevelopment or conservation area or rehabilitation district" means a redevelopment or conservation area or a rehabilitation district established in accordance with law. A. The governing body of any county, city, or town may, by ordinance, provide for the partial exemption from taxation of (i) new structures located in a redevelopment or conservation area or rehabilitation district or (ii) other improvements to real estate located in a redevelopment or conservation area or rehabilitation district. The governing body of a county, city, or town may (a) establish criteria for determining whether real estate qualifies for the partial exemption authorized by this section, (b) establish requirements for the square footage of new structures that would qualifY for tlre partial exemption, and (c) place such oilier restrictions and conditions on such new structures or improvements as may be prescribed by ordinance. B. The partial exemption provided by the local governing body shall be provided in the local ordinance and shall be either (i) an amount equal to the increase in assessed value or a percentage of such increase resulting from the construction of the new structure or other improvement to tire real estate as determined by the commissioner of the revenue or oilier local assessing officer, or (ii) an amount up to 50 percent of the cost of such construction or improvement, as determined by ordinance. The exemption may commence upon completion of the new construction or improvement or on ,January 1 ofthe year following completion of the new construction or improvement and shall run with the real estate for a period of no longer than 15 years. The governing body of a county, city, or town may place a shorter time limitation on the length of such exemption, or reduce tire amount of the exemption in annual steps over the entire period or a portion thereof, in such manner as the ordinance may prescribe. C. The local governing body or its designee shall provide written notification to the property owner of the amount of the assessment of the property that will be exempt from real property taxation and the period of such exemption. Such exempt amount shall be a covenant that runs with the land for the period of the exemption and shall not be reduced by the local governing body or its designee during the period of the exemption, unless tire local governing body or its designee by written notice has advised the property owner at the initial time of approval of the exemption that the exempt amount may be decreased during the period of such exemption. In no event, however, shall such partial exemption result in totally exempting the value of the structure. D. Nothing in this section shall be construed so as to permit the commissioner ofthe revenue to list upon the land book any reduced value due to the exemption provided in subsection B. E. The governing body of any county, city, or town may assess a fee not to exceed $125 for residential properties, or $250 for commercial, industrial, and/or apartment properties of six http://law.lis. virginia.gov/vacode/title5 8.llchapter32/section5 8.1-3219.4/ 7/6/2017 Page 2 of2 units or more, for processing an application requesting the exemption provided by this section. No property shall be eligible for such exemption unless the appropriate building permits have been acquired and the commissioner of the revenue or assessing officer has verified that the new structures or other improvements have been completed. F. Where the construction of a new structure is achieved through demolition and replacement of an existing structure, the exemption provided in subsection A shall not apply when any structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic district. 2006, c. 572; 2011, cc. 423, 460. http://law.lis. virginia.gov/vacode/title5 8.1/chapter32/section5 8.1-3219.4/ 7/6/2017 Page 1 of2 Code of Virginia Title 15.2. Counties, Cities and Towns Chapter 9. General Powers of Local Governments § 15.2-958. Local funding for repair or production oflow and moderate income rental property or repair of residential property; other housing experiments. It is hereby declared that the preservation of existing housing in safe and sanitary condition and the production of new housing for persons oflow and moderate income are public purposes and uses for which public money may be spent, and that such preservation and production are governmental functions of concern to the Commonwealth. Therefore, the governing body of any locality may provide by ordinance that such locality may make grants or loans to ovmers of residential rental property occupied, or to be occupied, following rehabilitation or after construction if new, by persons oflow and moderate income, for the purpose of rehabilitating or producing such property. Owners assisted in this manner must provide a minimum of 20 percent of the units for low and moderate income persons as defined by the locality for a minimum of 10 years. Participation by an owner under this section is voluntmy. Any locality in the ordinance herein authorized may: 1.Provide for the installation, construction, or reconstruction of streets, utilities, parks, parking facilities, playgrounds, and other site improvements essential to the development, preservation or rehabilitation planned; 2.Provide encouragement or financial assistance to the owners or occupants for developing or preserving and upgrading apartment buildings and for improving health and safety, conserving energy, preventing erosion, enhancing the neighborhood, and reducing the displacement oflow and moderate income residents of the property; 3. Require that the owner agree to maintain a portion of the property in residential rental use for a period longer than ten years and that a portion of the dwelling units in the property be offered at rents affordable to persons or families of!ow and moderate income; 4· Provide that the value of assistance given by the locality under subdivisions 1 and 2 above be proportionate to the value of considerations rendered by the owner in maintaining a portion of the dwelling units at reduced rents for persons or families oflow and moderate income; and s. Make loans or grants of local funds to individuals for the purpose of rehabilitating owner- occupied residences or assisting in the purchase of an owner-occupied residence in designated conservation or rehabilitation districts. The locality shall publish annually a report listing the property purchased or rehabilitated pursuant to this provision and the amounts of any grants or loans made for such purpose. Such ordinance shall require that any such loans or grants be applied using the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan program financed with bonds on which the interest is exempt from federal income taxation. The locality shall offer financial institutions as defined in § http://law .lis. virginia.gov/vacode/title 15 .2/chapter9/section 15.2-95 8/ 7/6/2017 Page 2 of2 6.2-604 the opportunity to participate in local loan programs established pursuant to this subsection. 1988, c. 862, § 15.1-37.3:9; 1993, c. 791; 1995, c. 393; 1997, c. 587; 2oo8, c. 580. http://law.lis.virginia.gov/vacode/title 15 .2/chapter9/section15 .2-958/ 7/6/2017 Page 1 of4 Code of Virginia Title 15.2. Counties, Cities and Towns Chapter 22. Planning, Subdivision of Land and Zoning § 15.2-2305. Affordable dwelling unit ordinances. A. In furtherance of the purpose of providing affordable shelter for all residents of the Commonwealth, the governing body of any locality, other than localities to which § 15.2-2304 applies, may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. Such program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of housing affordable to low and moderate income citizens, determined in accordance with the locality's definition of affordable housing, by providing for increases in density to the applicant in exchange for the applicant providing such affordable housing. Any local ordinance providing optional increases in density for provision of low and moderate income housing adopted before December 31, 1988, shall continue in full force and effect. Any local ordinance may authorize the governing body to (i) establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market conditions, (ii) establish jurisdiction-wide affordable dwelling unit qualifying income guidelines, and (iii) offer incentives other than density increases, such as reductions or waiver of permit, development, and infrastructure fees, as the governing body deems appropriate to encourage the provision of affordable housing. Counties to which § 15.2-2304 applies shall be governed by the provisions of§ 15.2-2304 for purposes of the adoption of an affordable dwelling unit ordinance. B. Any zoning ordinance establishing an affordable housing dwelling unit program may include, among other things, reasonable regulations and provisions as to any or all of the following: 1. A definition of affordable housing and affordable dwelling units. 2. For application of the requirements of an affordable housing dwelling unit program to any site, as defined by the locality, or a portion thereof at one location which is the subject of an application for rezoning or special exception or, at the discretion of the local governing body, site plan or subdivision plat which yields, as submitted by the applicant, at an equivalent density greater than one unit per acre and which is located within an approved sewer area. 3· For an increase of up to 30 percent in the developable density of each site subject to the ordinance and for a provision requiring up to 17 percent of the total units approved, including the optional density increase, to be affordable dwelling units, as defined in the ordinance. In the event a 30 percent increase is not achieved, the percentage of affordable dwelling units required shall maintain the same ratio of 30 percent to 17 percent. 4. For increases by up to 30 percent of the density or of the lower and upper end ofthe density range set forth in the comprehensive plan of such locality applicable to rezoning and special exception applications that request approval of single family detached dwelling units or single family attached dwelling units, when such applications are approved after the effective date of a local affordable housing zoning ordinance amendment. http://law.lis.virginia.gov/vacode/titlel5.2/chapter22/section15.2-2305/ 7/6/2017 Page 2 of4 5· For a requirement that not less than 17 percent of the total number of dwelling units approved pursuant to a zoning ordinance amendment enacted pursuant to subdivision B 4 of this section shall be affordable dwelling units, as defined by the local zoning ordinance unless reduced by the 30 to 17 percent ratio pursuant to subdivision B 3 of this section. 6. For establishment of a local housing fund as part of its affordable housing dwelling unit program to assist in achieving the affordable housing goals of the locality pursuant to this section. The local housing fund may be a dedicated fund within the other funds of the locality, but any funds received pursuant to this section shall be used for achieving the affordable housing goals of the locality. 7· For reasonable regulations requiring the affordable dwelling units to be built and offered for sale or rental concurrently vn'th the construction and certificate of occupancy of a reasonable proportion of the market rate units. 8. For standards of compliance with the provisions of an affordable housing dwelling unit program and for the authority of the local governing body or its designee to enforce compliance with such standards and impose reasonable penalties for noncompliance, provided that a local zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local governing body. C. For any building which is four stories or above and has an elevator, the applicant may request, and the locality shall consider, the unique ancillary costs associated with living in such a building in determining whether such housing will be affordable under the definition established by the locality in its ordinance adopted pursuant to this section. However, for localities under this section in Planning District Eight, nothing in this section shall apply to any elevator structure four stories or above. D. Any ordinance adopted hereunder shall provide that the local governing body shall have no more than 280 days in which to process site or subdivision plans proposing the development or construction of affordable housing or affordable dwelling units under such ordinance. The calculation of such period of review shall include only the time that plans are in review by the local governing body and shall not include such time as may be required for revision or modification in order to comply with lavl'ful requirements set forth in applicable ordinances and regulations. E. A locality establishing an affordable housing dwelling unit program in any ordinance shall establish in its general ordinances, adopted in accordance with the requirements of subsection B of§ 15.2-1427, reasonable regulations and provisions as to any or all of the following: 1. For administration and regulation by a local housing authority or by the local governing body or its designee of the sale and rental of affordable units. 2. For a local housing authority or local governing body or its designee to have an exclusive right to purchase up to one-third of the for-sale affordable housing dwelling units within a development within ninety days of a dwelling unit being completed and ready for purchase, provided that the remaining two-thirds of such units be offered for sale exclusively for a ninety- http://law.lis. virginia.gov/vacode/title 15 .2/chapter22/section 15.2-2305/ 7/6/2017 Page 3 of 4 day period to persons who meet the income criteria established by the local housing authority or local governing body or the latter's designee. 3. For a local housing authority or local governing body or its designee to have an exclusive right to lease up to a specified percentage of the rental affordable dwelling units within a development within a controlled period determined by the housing authority or local governing body or its designee, provided that the remaining for-rental affordable dwelling units within a development be offered to persons who meet the income criteria established by the local housing authority or local governing body or its designee. 4. For the establishment of jurisdiction-wide affordable dwelling unit sales prices by the local housing authority or local governing body or the latter's designee, initially and adjusted semiannually, based on a determination of all ordinary, necessa1y and reasonable costs required to construct the affordable dwelling unit prototype dwellings by private industry after considering written comment by the public, local housing authority or advisory body to the local governing body, and other information such as the area's current general market and economic conditions, provided that sales prices not include the cost ofland, on-site sales commissions and marketing expenses, but may include, among other costs, builder-paid permanent m01tgage placement costs and buy-down fees and closing costs except prepaid expenses required at settlement. 5· For the establishment of jurisdiction-wide affordable dwelling unit rental prices by a local housing authority or local governing body or its designee, initially and adjusted semiannually, based on a determination of all ordinary, necessary and reasonable costs required to construct and market the required number of affordable dwelling rental units by private indust1y in the area, after considering written comment by the public, local housing authority, or advis01y body to the local governing body, and other information such as the area's current general market and economic conditions. 6. For a requirement that the prices for resales and rerentals be controlled by the local housing authority or local governing body or designee for a period of not less than 15 years nor more than 50 years after the initial sale or rental transaction for each affordable dwelling unit, provided that the ordinance further provide for reasonable rules and regulations to implement a price control provision. 7. For establishment of an affordable dwelling unit advisory board which shall, among other things, advise the jurisdiction on sales and rental prices of affordable dwelling units; advise the housing authority or local governing body or its designees on requests for modifications of the requirements of an affordable dwelling unit program; adopt regulations concerning its recommendations of sales and rental prices of affordable dwelling units; and adopt procedures concerning requests for modifications of an affordable housing dwelling unit program. Members ofthe board, to be ten in number and to be appointed by the governing body, shall be qualified as follows: two members shall be either civil engineers or architects, each of whom shall be registered or certified with the relevant agency of the Commonwealth, or planners, all of whom shall have extensive experience in practice in the locality; one member shall be a real estate salesperson or broker, licensed in accordance with Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1; one member shall be a representative of a lending institution which finances residential development in the locality; four members shall consist of a representative from a local housing http://law.lis.virginia.gov/vacode/title 15 .2/chapter22/section 15.2-2305/ 7/6/2017 Page 4 of4 authority or local governing body or its designee, a residential builder with extensive experience in producing single-family detached and attached dwelling units, a residential builder with extensive experience in producing multiple-family dwelling units, and a representative from either the public works or planning department of the locality; one member may be a representative of a nonprofit housing organization which provides services in the locality; and one citizen of the locality. At least four members of the advisory board shall be employed in the locality. F. A locality establishing an affordable housing dwelling unit program in any ordinance shall establish in its general ordinances, adopted in accordance w~th the requirements of subsection B of§ 15.2-1427, reasonable regulations and provisions as to the following: The sales and rental price for affordable dwelling units within a development shall be established such that the owner/applicant shall not suffer economic loss as a result of providing the required affordable dwelling units. "Economic loss" for sales units means that result when the owner or applicant of a development fails to recoup the cost of construction and certain allowances as may be determined by the designee of the governing body for the affordable dwelling units, exclusive of the cost of land acquisition and cost voluntarily incurred but not authorized by the ordinance, upon the sale of an affordable dwelling unit. 1990, c. 834, § 15.1-491.9; 1991, c. 599; 1992, c. 244; 1993, c. 437; 1994, cc. 88, 679; 1996, cc. 233, 426; 1997, cc. 587, 6o7; 2007, cc. 695, 713; 2008, c. 790. http://law .lis. virginia. gov/vacode/title 15 .2/chapter22/section 15 .2-23 0 51 7/6/2017 This page intentionally left blank.