CITY COUNCIL AGENDA Monday, March 5, 2018 4:30 p.m. Closed session as provided by Section 2.2-3712 of the Virginia Code Economic Development Conference Room (Legal consultation; land acquisition; Boards & Commissions) 6:30 p.m. Regular Meeting - CALL TO ORDER Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS CITY MANAGER RESPONSE TO COMMUNITY MATTERS COMMUNITY MATTERS Public comment is provided for up to 16 speakers at the beginning of the meeting (limit 3 minutes per speaker.) Pre-registration is available for up to 8 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 February 20, 2018 b. APPROPRIATION: Additional Funding for VIEW Program – $16,900 (2nd of 2 readings) c. APPROPRIATION: Disproportionate Minority Contact in the Charlottesville/Albemarle Criminal Justice System Research Project – $100,000 (1st of 2 readings) d. RESOLUTION: CRHA Funding Drawdown Request (1st of 1 reading) e. RESOLUTION: Sublease Renewal – Sentara Starr Hill Health Center at Carver Recreation Center (1st of 1 reading) f. RESOLUTION: City Council Initiation of a Zoning Map Amendment (1st of 1 reading) g. RESOLUTION: Comprehensive Plan Extension (1st of 1 reading) h. ORDINANCE: Amend Ordinance to Change Start Time of Regular Council Meetings (2nd of 2 readings) i. ORDINANCE: Conveyance of Portion of Ridge Street Right-of-Way for William Taylor Plaza Project (2nd of 2 readings) 2. REPORT School Board’s Adopted FY 2019 Budget – 20 mins 3. REPORT City Manager’s Proposed FY 2019 Budget – 20 mins 4. REPORT*: Albemarle Charlottesville Historical Society Lease Terms – 30 mins 5. ORDINANCE*: Closing and Vacating Brandon Avenue and a Portion of Monroe Lane/15th Street (2nd of 2 readings) – 15 mins 6. RESOLUTION*: Downtown Business Association of Charlottesville (DBAC) Funding Request – $75,000 (1st of 1 reading) – 20 mins OTHER BUSINESS MATTERS BY THE PUBLIC *ACTION NEEDED This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Action Required: Approve Appropriation Presenter: Diane Kuknyo, Director, Department of Social Services Staff Contacts: Kelly Logan, VIEW Supervisor, Department of Social Services Laura Morris, Chief of Administration, Department of Social Services Title: Additional Funding for VIEW Program -- $16,900 Background: The Charlottesville Department of Social Services has received $16,900 in additional funding from the Virginia Department of Social Services for the Virginia Initiative for Employment not Welfare (VIEW) program. Discussion: This funding will serve residents of the City of Charlottesville who receive Temporary Assistance for Needy Families (TANF) and are enrolled in Virginia Initiative for Employment not Welfare (VIEW) through the Department of Social Services. The VIEW program serves parents in households with children up to the age of 18. All participants in the VIEW program are considered low-income with annual incomes below 100% of the federal poverty level for single parent households and below 150% of the federal poverty level for two parent households. The VIEW program provides a variety of supportive services such as job skills training, child care assistance, and transportation to assist participants with becoming self-sufficient through employment. Alignment with Council Vision Areas and Strategic Plan: Approval of this agenda item aligns with the City’s mission to provide services that promote equity and an excellent quality of life in our community. It is consistent with Strategic Plan Goal 1: An inclusive community of self-sufficient residents, Objective 1.2, Prepare residents for the workforce and 1.4, Enhance financial health of residents. Community Engagement: Department staff work directly with citizens to provide social services, protect vulnerable children and adults, and promote self-sufficiency. Budgetary Impact: Funds have been received and will be appropriated into the Social Services Fund. There are no general funds required or being requested. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: Funds that are not appropriated will need to be returned to the Virginia Department of Social Services. Attachments: Appropriation APPROPRIATION Additional Funding for Department of Social Services VIEW Program $16,900 WHEREAS, the Charlottesville Department of Social Services has received an additional $16,900 in the Fiscal Year 2018 budget from the Virginia Department of Social Services to be used for clients enrolled in the Virginia Initiative for Employment not Welfare (VIEW) program, NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $16,900 is hereby appropriated in the following manner: Revenue – $16,900 Fund: 212 Cost Center: 9900000000 G/L Account: 451022 $16,900 Expenditures - $16,900 Fund: 212 Cost Center: 3333002000 G/L Account: 540060 $16,900 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: March 5, 2018 Action Required: Appropriation Presenter: Rory Carpenter, Human Services Department Staff Contacts: Rory Carpenter, Human Services Department Kaki Dimock, Director of Human Services Title: Disproportionate Minority Contact in the Charlottesville/Albemarle Criminal Justice System Research Project - $100,000 Background: The Charlottesville Department of Human Services has received a continuation grant from the Virginia Department of Criminal Justice Services to complete research begun in 2017 to understand disproportionality and disparity in the Charlottesville/Albemarle criminal justice system. In order to do this, the Department of Human Services will engage in a competitive bid process to secure a consultant to collect and analyze criminal justice data and present the findings to the Charlottesville/Albemarle community. The data will inform the development and implementation of a strategic plan to address disproportionality in Charlottesville City and Albemarle County. The grant period is from January 1, 2018 through September 30, 2018. The grant award from the Virginia Department of Criminal Justice Services is $90,000, with a match of $10,000 from the Charlottesville Department of Human Services, for a total award of $100,000. The proposed study will be administered by the Department of Human Services, in partnership with the County of Albemarle and Offender Aid and Restoration/Jefferson Area Community Corrections (O.A.R.) with direction and input and provided by the Disproportionate Minority Contact (DMC) Planning and Steering Committees. Discussion: In 2014, a study conducted by the Charlottesville Task Force on Disproportionate Minority Contact in the juvenile justice system found that Black youth in Charlottesville were entering the juvenile justice system at a significantly higher rate than White youth, leading to implementation of a number of solutions. This study raised questions regarding the causes of disproportionality in the adult criminal justice system, and how the Charlottesville/Albemarle community might develop a comprehensive plan to reduce it. Alignment with Council Vision Areas and Strategic Plan: The DMC research grant aligns with the City of Charlottesville’s Strategic Plan – Goal 1: An inclusive Community of Self-sufficient Residents. Objective 1.5: Intentionally address issues of race and equity. Community Engagement: The first phase of this grant is to complete a data collection process to determine the extent of racial disproportionality and racial disparity in the local adult criminal justice system. When this research phase is completed the consultants, project staff and DMC Committees will solicit public input to assist with the development of recommendations designed to reduce disproportionality. Budgetary Impact: There is no impact on the General Fund. The grant funds will be expensed and reimbursed to a Grants Fund. The terms of the award require a local match of $10,000 which will be provided by the Human Services Fund. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If the grant funds are not appropriated, the Human Services Department would not be able to conduct this study. Attachments: Appropriation APPROPRIATION Disproportionate Minority Contact in the Charlottesville/Albemarle Criminal Justice System Research Project - $100,000 WHEREAS, the City of Charlottesville has been awarded $90,000 in Federal Funds from the Virginia Department of Criminal Justice Services, and $10,000 in Matching Funds from the Charlottesville Department of Human Services for a total award of $100,000 for the Disproportionate Minority Contact in the Charlottesville/Albemarle Criminal Justice System Research Project; and WHEREAS, the grant award covers the period from January 1, 2018 through September 30, 2018. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $100,000 is hereby appropriated in the following manner: Revenue $ 90,000 Fund: 209 Cost Center: 1900297 G/L Account: 430120 $ 10,000 Fund: 209 Cost Center: 1900297 G/L Account: 498010 Expenditures $ 100,000 Fund: 209 Cost Center: 1900297 G/L Account: 530670 Transfer $ 10,000 Fund: 213 Cost Center: 3411001000 G/L Account: 561209 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $90,000 from the Virginia Department of Criminal Justice Services. This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: March 5, 2018 Action Required: Approve Resolution Staff Contact: Maurice Jones, City Manager Presenter: Grant Duffield, Director, CRHA Title: CRHA Redevelopment Drawdown Request for Funds - $191,032 Background: At the February 20, 2018 City Council meeting, the Charlottesville Redevelopment and Housing Authority (CRHA) requested that Council authorize an immediate drawdown of $81,032.00 from the City’s 2017-18 CRHA Redevelopment account in the City’s Capital Improvement Program to make structural repairs at 10 public housing apartments, and a future drawdown of up to $110,000.00 from the same account to fund non-labor related costs related to non-structural repairs at 23 public housing apartments. Discussion: The citizens of the City of Charlottesville have long held that decent, safe and sanitary housing for our low income community is both a human right and a public responsibility. From the formation of the Charlottesville Redevelopment and Housing Authority by referendum vote of the citizens of Charlottesville in 1954 until today, the Charlottesville community has consistently and emphatically reiterated that quality housing for low income families is a community priority of the highest nature. In recognition of this priority, and in furtherance of the City’s ongoing support for low income housing, in 2017 City Council approved a multi-year funding commitment of $2,250,000 to CRHA’s low income housing redevelopment and support efforts. Structural Repairs CRHA currently has 10 units that are out of service due to both structural and non-structural repair needs. CRHA has properly procured and released for service a qualified general contractor who, as of the date of this memo, has completed all structural repairs services for the 10 units requiring such repairs. No future structural repair is anticipated or scoped. The cost of this work is $81.032.00 (Exhibit B). CRHA requests that Council authorize an immediate drawdown of $81,032.00 from the City’s 2017-18 CRHA Redevelopment set-aside to fund structural repairs at 10 public housing apartments. 1 Non-Structural Repairs CRHA currently has 13 units of public housing that are out of service due to significant non- structural repair needs. The non-structural repair efforts will be undertaken through a new pilot resident job training program as proposed by PHAR and lead by Habitat for Humanity. CRHA requests authorization to draw down up to $110,000 from the City’s 2017-18 CRHA Redevelopment set-aside to support estimated project costs as follows: 1. Materials @ $60,000 (sheetrock; cabinetry; fixtures, building materials, etc.) (approx. $2,600 per unit) 2. Ancillary Services @ $30,000 (waste disposal; project oversight; contingency professional services) 3. Administrative Oversight Expenses @ $20,000 (HR related costs; CRHA staff field work coordination) (Please note that this request does not include funding for labor costs related to this project which will be a separate request coming before Council on March 19th). Bringing these units back online through hiring and training residents to do so is truly a tremendous first step in our community’s redevelopment process. This approach recognizes that redevelopment means more than simply addressing the “bricks and mortar” needs of our communities. This approach recognizes that redevelopment must include an investment in individuals that builds skills while meeting the critical, immediate housing needs of our community. Community Engagement: N/A Alignment with City Council’s Vision and Strategic Plan: Goal 1 speaks to a resilient community of self-sufficient residents and affordable housing for all. Recommendation: Approved attached resolution. Budgetary Impact: Staff is recommending this come from the Public Housing Redevelopment Account in the adopted FY 18 Capital Improvement Program. Alternatives: N/A Attachments: N/A 2 RESOLUTION CRHA Redevelopment Drawdown Request for Funds $191,032 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $191,032 is hereby paid from currently appropriated funds in the Public Housing Redevelopment Project account in the Capital Improvement Fund to the Charlottesville Redevelopment and Housing Authority. $191,032 Fund: 426 I/O: P-00937 3 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: March 5, 2018 Action Required: Sublease Renewal – Sentara Starr Hill Health Center at Carver Recreation Center Presenter: Brian Daly, Director, Parks and Recreation Staff Contacts: Brian Daly, Director, Parks and Recreation Craig Brown, City Attorney Will Bassett, Business Manager, Parks and Recreation Vic Garber, Recreation Manager, Parks and Recreation Title: Sublease Renewal – Sentara Starr Hill Health Center at Carver Recreation Center Background: In September 2011, City Council approved a resolution authorizing a sublease of City Leased Space at the Jefferson School City Center to Martha Jefferson Hospital. The lease was created to establish a community health clinic within the Jefferson School City Center (JSCC). The facility, known currently as Sentara Starr Hill Health Center began operation in January 2013 with the reopening of the JSCC to the community. Discussion: The clinic has been very successful since its opening and the Sentara Starr Hill Health Center is desirous of continuing to operate the clinic within the JSCC. As the space occupied by the clinic is primarily leased by the City of Charlottesville for the Carver Recreation Center facility, renewal of the original sublease is required to continue operation in 2018 and beyond. The term of the lease is three (3) years with an additional two (2) year renewal option. Annual rent due the City for the sublease is forty-five thousand nine hundred thirty two dollars and zero cents ($45,932.00). Alignment with City Council’s Vision and Priority Areas: The project supports City Council’s vision as “America’s Healthiest City”, by creating an outstanding recreational amenity for many users. It contributes to Goal 2 of the Strategic Plan, 1 to be A Healthy and Safe City and objective 2.3, to improve community health and safety outcomes by connecting residents with effective resources. Community Engagement: There has not been any direct community engagement regarding the renewal of the sublease. Budgetary Impact: There is no fiscal impact associated with this action. Lease payment revenues are received from Sentara Martha Jefferson throughout the term of the lease; annual revenue to the City from the lease is $45,932.00 and is budgeted as revenue in the Parks and Recreation Department General Fund Budget. Recommendation: Staff recommends approval of the attached Resolution. Alternatives: Council could determine to not renew the sublease and direct staff to repurpose the spaces in Carver Recreation Center to meet other needs. Attachments: Proposed Resolution for Council Approval Proposed Sublease Renewal Agreement 2 RESOLUTION BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City Manager is hereby authorized to sign the following document, attached hereto, in form approved by the City Attorney or his/her designee. Sublease Agreement between Martha Jefferson Hospital d/b/a Sentara Martha Jefferson Hospital and the City of Charlottesville for lease of 1,771 square feet of space in the Jefferson School building at 233 4th Street, N.W. for a health clinic. 1 SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT (this "Sublease") is made as of this ____ day of ____________________, 2018, by and between the CITY OF CHARLOTTESVILLE ("Landlord" or "City"), whose address is P. O. Box 911, Charlottesville, Virginia 22902, and MARTHA JEFFERSON HOSPITAL, d/b/a Sentara Martha Jefferson Hospital, a Virginia non-stock corporation, whose address is 500 Martha Jefferson Drive, Charlottesville, Virginia 22911, Attention: ________________ ("Subtenant"). 1. DEMISED PREMISES; TERM. A. This Sublease is made pursuant to the Lease Agreement dated March 1, 2011 by and between Jefferson School Community Partnership, L.L.L.P. and the City of Charlottesville, Virginia, a copy of which is attached hereto as EXHIBIT "A" (the "Lease Agreement") which is incorporated herein by reference. Subtenant agrees to perform and comply with the obligations of Landlord as tenant under the Lease Agreement, as the same apply to the Premises (as hereafter defined) and shall be bound by the covenants, terms and conditions in EXHIBIT "A" applicable to the Premises. B. In consideration of the promises and covenants herein, Landlord hereby subleases to Subtenant a portion of that property located in the City of Charlottesville, Virginia known as 233 4th Street, N.W. (the "Building") comprising approximately 1,771 square feet and shown in the plans attached hereto as EXHIBIT "B" (the "Premises"). C. Subtenant shall have nonexclusive access to the parking structure for staff and visitor use, together with nonexclusive use of all common areas of the Building, including but not limited to corridors, stairwells, entrance ways, restrooms and surrounding grounds, which shall be maintained by Landlord in a good, clean, secure and safe condition, as more particularly set forth in the Lease Agreement attached as EXHIBIT "A". D. The term of this Sublease (the "Term") shall be three (3) years, commencing on January 1, 2018 ("Commencement Date") and ending, if not sooner terminated, at midnight on December 31, 2021 (the "Expiration"). E. Subtenant shall have the option to extend the Term of this Sublease for one (1) renewal term of two (2) years (a "Renewal Term"), by written notice to Landlord at least 60 days prior to the end of the Term or any Renewal Term, as applicable. All the terms and conditions of this Sublease shall remain in effect during any Renewal Term. 2. BASE RENT. Commencing as of the Commencement Date, Subtenant agrees to pay to Landlord rent in the annual amount of Forty-Five Thousand Nine Hundred Thirty- Two and 00/100 Dollars ($45,932.00) (the "Base Rent"). Subtenant shall pay Landlord the Base Rent, in advance, in twelve (12) equal monthly installments on the fifteenth day of each calendar month for the duration of the Term. 3. RENT ADJUSTMENT. Notwithstanding Section 3 of the Lease Agreement, the Base Rent shall be adjusted annually on the anniversary of the Commencement Date, 2 beginning January 1, 2019, by the lesser of (a) two and one-half percent (2.5%) of the then current Base Rent and (b) the change in the Consumer Price Index for Urban Earners and Clerical Workers, United States and Selected Areas, All Items (CPI-W) for the preceding twelve (12)-month period, as published by the Bureau of Labor Statistics, United States Department of Labor, using the most current data available as of each anniversary of the Commencement Date. Notwithstanding the foregoing, in no case shall the annual adjustment be less than zero percent. Landlord shall notify Subtenant of the rent increase percentage and the net adjusted amount of the annual base rent no less than 30 days prior to the effective date of the rent increase. Failure to notify will not result in abatement of the increase, and the increased rate shall be due and payable notwithstanding failure to notify per the above terms. 4. SUBLET; USE OF PREMISES FOR SPECIFIC PURPOSE. A. The Premises shall be used by Subtenant primarily as a health clinic providing routine medical advice, vaccinations and laboratory testing, medications for patients (not a commercial pharmacy) and preventive care, together with all uses incidental thereto, but not including any on-site surgical, radiological, hospital or emergency care services. B. Subtenant may not sublet any portion of the Premises without Landlord’s consent. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required with respect to any assignment of this Lease or subletting of the Premises to: (1) any parent, subsidiary or affiliate of Subtenant; (2) a successor by merger, acquisition, reorganization or consolidation of or with Subtenant, its parent or subsidiary; or (3) any person or entity acquiring all, or substantially all, of (a) the assets of Subtenant or (b) the assets of Subtenant relating to a specific operating group. In the event of any such assignment or subletting, Subtenant shall provide written notice of the same to Landlord. 5. SUBTENANT ALTERATIONS. Any permanent alterations, additions and improvements to the Premises must be approved in writing by Landlord prior to the commencement of construction. All such alterations, additions, and improvements to the Premises, excluding any trade fixtures (which may be removed by Subtenant, provided any damage to the Premises occasioned by removal is repaired), shall inure to the benefit of and shall be the property of Landlord. 6. LANDLORD INSPECTIONS; RIGHT OF ENTRY. Landlord shall have the right to enter the Premises at reasonable times to make inspections of the condition of the Premises, repairs, alterations or improvements, and to show the Premises to prospective purchasers, tenants, workers and/or contractors. Except in emergencies or when circumstances otherwise render advance notice impractical Landlord will give Subtenant reasonable notice (no less than 24 hours) of Landlord's intent to exercise this right of entry. Landlord's agents shall check-in with Subtenant's on-site personnel upon entering the interior of the Premises. Subtenant reserves the right to escort Landlord's personnel or contractors, at Subtenant sole cost, while on the Premises. During the performance of this Sublease, Landlord may have access to patient healthcare, billing, or other confidential patient information ("Patient Information"). Patient Information, as the term is used herein, includes all "Protected Health Information," as that term is defined in 45 CFR 164.501. With respect to Patient Information observed or obtained from Subtenant or on the Premises, Landlord shall comply with all laws, rules and regulations relating to the confidentiality of such 3 Patient Information, including the applicable provisions of state law and the privacy regulations promulgated pursuant to Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), to the extent such laws, rules and regulations are applicable to Landlord. Landlord understands and acknowledges that it is fully responsible for ensuring compliance with these obligations by its employees, agents, representatives and subcontractors. 7. LANDLORD'S COVENANTS. A. Landlord covenants and agrees to: 1. Comply with the requirements of applicable building and housing codes materially affecting health and safety; 2. Pay all electric, water, sewer and HVAC utility bills assessed to the Premises; 3. Pay any applicable property taxes and insurance costs pursuant to Section 2(b) of the Lease Agreement, attributable to the Premises; 4. Provide for routine maintenance and repairs of HVAC systems, plumbing, structural systems, including the roof, exterior walls, windows and doors of the Building, and electrical distribution system within the Premises; 5. Provide for exterior keying sequence; 6. Use commercially reasonable efforts to exercise its rights to enforce the landlord’s obligations to provide services and/or to perform its other obligations under the Lease Agreement; 7. Exercise whatever rights is has against the landlord under the Lease Agreement in connection with a default by such landlord; and 8. Perform all of its obligations under the Lease Agreement as and when required thereunder. B. Landlord further covenants that Subtenant, on paying the rent and performing the covenants and conditions contained in this Sublease, may peaceably and quietly have, hold and enjoy the leased Premises, subject to the other terms of this Sublease. C. To the extent permitted by the laws of the Commonwealth of Virginia and without waiver of any rights by the City to claims of sovereign immunity, Landlord agrees to release, indemnify, protect and hold Subtenant, its officers, agents and employees harmless from any loss, liability or obligation of any nature whatsoever, which may occur by reason of Landlord's negligent or willful acts, or omissions, in the performance of this Sublease, its use or occupancy of the Building. This indemnification shall continue in full force and effect notwithstanding the termination of this Sublease. 4 8. SUBTENANT'S COVENANTS. Subtenant covenants and agrees to: A. Pay any and all costs associated with Subtenant’s IT, cable and network connections and telephone service. B. Purchase lost keys from Landlord and reimburse Landlord for the cost of re- keying the exterior doors if the same arises out of Subtenant losing its keys. C. Keep and maintain the Premises in good, clean, secure and safe condition, including: 1. Subtenant shall comply with obligations imposed upon subtenants by applicable building and housing codes materially affecting health and safety; 2. Subtenant shall use all appliances, and all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other systems, in a reasonable and safe manner; 3. Subtenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the Premises by Subtenant or its invitees; 4. Subtenant agrees to provide for all janitorial tasks of the Premises; 5. Subtenant agrees to maintain laboratory equipment and special fixtures related to Subtenant's health care activities; 6. Subtenant agrees to be responsible for interior painting and routine maintenance within the Premises, such as maintaining light fixtures; 7. Subtenant agrees to dispose of medical waste pursuant to applicable regulations and laws; and 8. Subtenant agrees to secure all medications, vaccinations and prescription pads in locked and secure areas. D. Subtenant shall immediately notify Landlord of any condition on the Premises that constitutes a fire hazard or other serious threat to the life, health or safety of the occupants of the Premises. Additionally, Subtenant shall provide prompt written notice to Landlord of any defects or malfunctions in the Premises or in any of the equipment, appliances or parts thereof, as soon as reasonably practical after Subtenant becomes aware of them. E. Subtenant covenants and agrees that upon the expiration or termination of this Sublease: (i) Subtenant will deliver the Premises in the same condition in which they were received, ordinary wear and tear and damage by casualty pursuant to Section 9 below excepted; and (ii) the Premises shall be thoroughly cleaned. In the event any of the above conditions have not been met by Subtenant prior to its vacation of the Premises, Subtenant agrees to pay all costs and expenses incurred by Landlord to do so. F. Subtenant agrees to release, indemnify, protect and hold Landlord, its officers, agents and employees harmless from any loss, liability or obligation of any nature whatsoever, which may occur by reason of Subtenant's use of the Premises, unless caused by the negligent or willful acts, or omission, of Landlord or its agents. This indemnification shall continue in full force and effect notwithstanding the termination of this Sublease. Subtenant shall maintain in force comprehensive 5 general liability insurance coverage in a minimum amount of $4,000,000 in respect to injury or death and $1,000,000 in respect to any instance of property damage, with an insurer authorized to do business in Virginia. Such policy shall name the City as an additional insured and shall provide that such coverage shall not be cancelled without 30 days’ written notice to the City. Subtenant shall submit evidence of such insurance coverage to the Charlottesville City Attorney for approval prior to the Commencement Date. G. Subtenant shall not deliberately or negligently destroy, deface, damage, impair or remove any part of the Premises or permit any other person to do so. Subtenant shall be liable for all costs and expenses necessary to repair or replace the Premises, or any portion thereof, as a result of such deliberate or negligent acts. H. Subtenant shall not commit or permit any waste or nuisance on or about the Premises, nor do anything that might create a hazard of fire on or within the Premises. 9. DAMAGE TO PREMISES. A. In the event the Premises are destroyed or substantially damaged by fire or other casualty, and thereby rendered unfit for occupancy, this Sublease shall, at the option of either party upon notice to the other within 60 days after such fire or other casualty, terminate as of the date of such damage. Under those circumstances, accrued rent shall be paid up to the time of such damage. If neither party desires to terminate the Sublease, the Landlord shall enter and repair the Premises with reasonable speed and rent shall be waived during any period in which the Premises remain unfit for occupancy. Once the Premises have been restored to a condition which is suitable for occupancy and Subtenant has reopened for business on the Premises, Subtenant's rental obligation shall re­ commence, but may be reduced by a reasonable amount for any period during which repairs continue, until such repairs have been completed. B. In the event of a taking of all or a part of the Premises or the Building under the power of eminent domain, if Landlord is entitled to an abatement of rent under the Lease Agreement as a result of such occurrence, Subtenant shall be entitled to an abatement of rent to the same extent as Landlord is so entitled under the Lease Agreement. C. Landlord shall maintain fire and extended coverage insurance on the Premises in an amount deemed adequate by the Director of Finance for the City of Charlottesville. D. Subtenant shall, at its own cost and expense, obtain adequate coverage for insuring Subtenant’s property on the Premises against fire, theft or other peril, and the City expressly disclaims any liability for damages or loss of any nature whatsoever which may occur to the property of Subtenant, its employees, or invitees while such property is located on the Premises. 11. HOURS OF OPERATION. Subtenant shall establish regular hours during which the Premises will be open to the public. At a maximum, the Premises shall be open from 7 a.m. to 10 p.m., Monday through Saturday, and shall be closed on holidays. 6 12. DEFAULT; TERMINATION. A. The following shall constitute events of Default by Subtenant: (i) any material breach of this Sublease by Subtenant, including, without limitation, any breach that substantially endangers the health or safety of any person; (ii) Subtenant's abandonment of the Premises and the failure by Subtenant to pay the Base Rent; (iii) Subtenant's failure to make any payment of past-due rent under this Sublease for a period of 15 days after written notice thereof from Landlord; (iv) use of the Premises by Subtenant, its employees or agents to intentionally violate federal, state or local law; (v) Subtenant's denial of any right reserved in this Sublease to Landlord; (vi) filing by Subtenant or against Subtenant in any court pursuant to any statute of a petition of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Subtenant's property or an assignment by the tenant for the benefit of creditors, provided that such proceedings are not dismissed within 90 days after the commencement of same; (vii) failure by Subtenant to maintain its status as a non-profit, non-stock organization; and (viii) the institution of legal proceedings by or against Subtenant to levy upon or dispose of Subtenant's leasehold interest in the Premises, provided that such proceedings are not dismissed within 90 days after the commencement of same. 1. If Subtenant is in default for non-payment of rent, and such default continues for 30 days following written notice from Landlord demanding possession of the Premises or the payment of rent, then Subtenant shall thereby forfeit its right to possession of the Premises. In such case, Subtenant's possession may, at Landlord's option, be deemed unlawful and Landlord may proceed to recover possession through all lawful means and proceedings. 2. In the event of a default for reasons other than failure to pay rent, Landlord shall serve Subtenant with a written notice stating the acts or omissions constituting the default and stating that this Sublease will terminate, as set forth within the notice, upon a date not less than 30 days after Subtenant receives the notice, unless the default is remedied within 21 days; provided, however, that in the event such default cannot be remedied within such 21-day period, this Sublease shall not terminate so long as Subtenant commences to cure such default within such 21-day period and diligently pursues such cure to completion. If the breach is remediable by repairs or the payment of damages, and Subtenant adequately remedies the breach within 21 days or such longer period of time as is permitted hereunder or as Landlord may specify in writing, the Sublease shall not terminate. 3. In the event Landlord pursues any remedies referenced above, Subtenant shall be liable as follows: (a) for all installments of rent and other charges that are past due; (b) for all installments of Base Rent and other charges that are due and owing for the remainder of the Term, in an amount not to exceed 12 months of the then current Base Rent, as fixed, agreed and liquidated damages; (c) for any court costs incurred by Landlord for possession of the Premises and for collection of unpaid rent or other charges under this Sublease; and (d) for reasonable attorney's fees incurred by Landlord to obtain possession of the Premises or to collect rent, damages or other charges under this Sublease. 7 B. The following shall constitute events of Default by Landlord: (i) any material breach of this Sublease by Landlord, including, without limitation, any breach that substantially endangers the health or safety of any person; (ii) Landlord's failure to enforce the material obligations of Jefferson School Community Partnership, L.L.L.P., as landlord under the Lease Agreement with respect to the Premises or common areas of the Building; and (iii) Landlord's failure to comply with any federal, state or local law pertaining to this Sublease. 1. In the event of a Default by Landlord, Subtenant shall have the right to send a written notice to Landlord specifying the acts or omissions constituting the Default and stating that this Sublease will terminate on a specific date not less than 30 days after receipt of the notice if such breach is not remedied within 21 days. If the breach can be remedied by payment or repairs, and Landlord adequately remedies the breach prior to the date specified in the notice, this Sublease shall not terminate. 2. Subtenant may not terminate this Sublease for a condition caused by the deliberate or negligent act of Subtenant or its invitees. 3. Subtenant may recover damages and reasonable attorney's fees and may obtain any other action or remedy permitted by law for Landlord's failure to abide by the provisions of this Sublease. Subtenant's recourse to any particular remedy shall not deprive it of any other action or remedy. 4. Any provision in this Sublease or the Lease Agreement to the contrary notwithstanding, if Landlord fails to perform its obligations under this Sublease and such failure (a) interferes substantially with the normal use of the Premises as allowed in this Sublease and (b) continues for more than five (5) consecutive business days, then the Base Rent shall be proportionately abated until such interference is eliminated or the Premises is otherwise rendered tenantable again. 5. In the event Landlord shall fail to pay any sum provided to be paid by it as tenant under the Lease Agreement, or if Landlord shall be in default of any of the other provisions of the Lease Agreement, which default is not the result of any default by Subtenant under this Sublease or the Lease Agreement, and Landlord fails to remedy any such default within the time provided in the Lease Agreement, Subtenant, in addition to any other rights or remedies that Subtenant may have at law or in equity, may recover any actual damages sustained by Subtenant as a result of Landlord’s default. C. Prior to Expiration, if Subtenant deserts the Premises and fails to pay the rent due hereunder, Landlord may deem the Sublease in default and the Premises to be abandoned. Landlord shall post in a conspicuous area on the Premises a notice declaring the Premises abandoned. Thereafter, Landlord may enter and secure Premises and, after compliance with any applicable provisions of state law, Landlord shall be entitled to possession. D. Upon termination or expiration of this Sublease, Landlord shall have the right to reenter and repossess the Premises and may dispossess Subtenant and remove Subtenant and all other persons and property from the Premises. Subtenant shall leave the Premises in good and clean condition, ordinary wear and tear and 8 damage by casualty pursuant to Section 9 above excepted. 12. NOTICES. All notices required by this Sublease, and all correspondence concerning this Sublease, shall be sent by first class certified United States mail (postage prepaid) and effective two (2) business days after mailing, or by reputable overnight courier and effective one (1) business day after deposit with such courier, to the following individuals: A. To Landlord: to the attention of the City Manager for the City of Charlottesville, addressed as follows: P. O. Box 911, Charlottesville, Virginia 22902. B. To Subtenant: to the address appearing on the first page of this Sublease, or such other address as Subtenant may designate in writing from time to time. Any notice hereunder may be sent on behalf of a party by its legal counsel. 13. HEADINGS. The headings of the sections of this Sublease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 14. GOVERNING LAW. This Sublease shall be construed, interpreted and applied in accordance with the laws of the Commonwealth of Virginia. 15. SEVERABILITY. Any provision of this Sublease which is prohibited by, or declared by a court of competent jurisdiction to be unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition or declaration; the remaining provisions of this Sublease shall remain in full force and effect. 16. NO WAIVERS. Failure of Landlord to insist, in any one or more instances, upon a strict performance of the covenants of this Sublease, or to exercise any option herein contained, shall not be construed as a waiver or a relinquishment of such right, but the same shall continue and remain in full force and effect. No waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Landlord. 17. AMENDMENTS. This Sublease may not be amended or modified except by written agreement signed by both parties. 18. BENEFITS. This Sublease is binding upon and shall inure to the benefit of all the respective parties hereto, their respective successors, legal representatives and assigns. 19. ENTIRE AGREEMENT. This Sublease shall constitute the full and complete agreement between the parties, and no other prior or contemporaneous writings or statements shall be of any consequence or have any legal effect. 20. COUNTERPARTS. This Sublease may be executed in multiple original counterparts, each of which shall be an original, but all of which shall constitute one and the same agreement. 21. REAL ESTATE BROKERS. Each party warrants and represents to the other that it has not directly or indirectly dealt with any broker or agent with respect to this Sublease. 9 22. MOLD. A. Monitoring. Landlord represents and warrants that, to the best of its knowledge, no mold or Mold Conditions (as hereafter defined) exist in the Building. As used herein, "Mold Conditions" means any conditions that reasonably could be expected to give rise to mold, including observed or suspected instances of water damage, mold growth, repeated complaints of respiratory ailment or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises. Tenant shall notify Landlord if it suspects mold or Mold Conditions are present at the Premises. B. Inspection. Upon receipt of such notice, Landlord promptly shall inspect the Premises to determine if mold or Mold Conditions are present. At least five (5) days prior to the inspection, Landlord shall notify Tenant of the date on which the inspection shall occur and which portion of the Premises shall be subject to the inspection. Landlord shall cause the Inspector to prepare an inspection report and Landlord, upon receipt of such report, promptly shall deliver a copy thereof to Tenant. C. Remediation. In the event such inspection determines that mold or Mold Conditions are present at the Premises, Landlord promptly shall hire a trained and experienced mold remediation contractor to prepare a remediation plan and promptly remediate the mold or Mold Conditions at the Premises. When such report has been finalized, Landlord shall provide Tenant with a copy of the final remediation plan report (the "Plan"). During any period of remediation, the basic rent and additional rent payable hereunder by Tenant shall abate proportionately as to that portion of the Premises rendered untenantable or unusable. D. Post-Remediation Inspection. Subtenant shall have a reasonable opportunity to inspect the remediated portion of the Premises after the conclusion of the mold remediation. If the remediation does not comply with the Plan or any other applicable federal, state or local laws, regulatory standards or guidelines, or there are airborne contaminants, mold or Mold Conditions in the Premises, Subtenant shall have the right to immediately terminate this Sublease. E. Subtenant’s Responsibility. Notwithstanding anything to the contrary contained herein, Subtenant shall be liable for any maintenance or repair of the Premises arising out of the presence of mold to the extent that Subtenant’s behavior was responsible for the presence of such mold. In such event, Subtenant shall be responsible for completing the remediation described in subsection C above, Landlord shall have the rights given to Subtenant in subsection D above and Subtenant shall take all further actions necessary to ensure the compliance described therein. 23. LEASE AGREEMENT. A. This Sublease is subject and subordinate to the Lease Agreement and to all leases and mortgages to which the Lease Agreement is subject or subordinate. B. Landlord represents and warrants that (1) EXHIBIT "A" attached hereto is a true and complete copy of the Lease Agreement; (2) Landlord is the tenant under the Lease Agreement; (3) the initial term of the Lease Agreement commenced on December 1, 2012 and will expire on November 30, 2027; (4) the Lease Agreement is in full force and effect; (5) to the best of Landlord’s knowledge, Landlord is not in default under 10 the Lease Agreement; and (6) Landlord has not received any notice of default under the Lease Agreement, except for any defaults which Landlord has cured and landlord thereunder is no longer claiming exist. C. Subtenant shall be entitled to any and all non-disturbance rights of Landlord as tenant under the Lease Agreement, to the extent Landlord can transfer the same to Subtenant pursuant to the terms of the Lease Agreement. Landlord agrees not to amend or modify the Lease Agreement in any way that conflicts with this Sublease or in a manner adverse to Subtenant in any material respect. D. Subject to the modifications set forth in this Sublease, the terms, covenants and conditions contained in the Lease Agreement relating to the rights of the landlord and the obligations of the tenant relating to the Premises are incorporated herein by reference, and shall, as between Landlord and Subtenant (as if they were the landlord and tenant, respectively, under the Lease Agreement) constitute additional terms of this Sublease, except to the extent that they are inconsistent with the terms of this Sublease, in which event the terms of this Sublease shall prevail. 24. TERMINATION OF LEASE AGREEMENT. If for any reason the term of the Lease Agreement is terminated prior to the expiration date of this Sublease, this Sublease shall thereupon be terminated, and Landlord shall not be liable to Subtenant by reason thereof unless said termination was effected as a result of the breach or default of Landlord (not caused by the parallel default of Subtenant hereunder). [Signatures on following page] 11 WITNESS the following signatures under seal as of the date first above written. LANDLORD: CITY OF CHARLOTTESVILLE By (SEAL) Maurice Jones, City Manager SUBTENANT: MARTHA JEFFERSON HOSPITAL, d/b/a Sentara Martha Jefferson Hospital By (SEAL) Name: Title: EXHIBIT "A" Lease Agreement EXHIBIT "B" Premises z-. o:o - ~ $ c... m ::i m ""'z 0 ; ~. ~:· "'O ~ g ~ ~ ! i' ! I J n1 11111' 1.111.1m. .•.., .·1111.1. "'.: . 1 .· This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: March 5, 2018 Action Requested: Approval of Resolution Presenter: Brenda Kelley, Redevelopment Manager Staff Contacts: Brenda Kelley, Redevelopment Manager City Attorney’s Office: Lisa Robertson Neighborhood Development Services: Alex Ikefuna, Missy Creasy Title: City Council initiation of a Zoning Map Amendment Background: During discussions on redevelopment with Piedmont Housing Alliance (PHA; Friendship Court) and Charlottesville Redevelopment and Housing Authority (CRHA) staff, the costs of parking construction, especially in structured parking, has been identified as an overly burdensome cost in anticipating construction costs of new housing development. As requested by PHA and CRHA staff, the objective of this request is to reduce the on-site parking requirements to help reduce overall costs of redevelopment in order to construct more affordable housing units on Friendship Court, and the Charlottesville Redevelopment and Housing Authority’s (CRHA) Crescent Halls site, Avon/Levy site and 6th Street site. The City’s Parking Modified Zone is established to provide some flexibility to specified parking requirements in an urban development area as shown on the City of Charlottesville Zoning Map, and as pursuant to Sec. 34-971(e)(3), (4) and (5) (attached as EXHIBIT #1). EXHIBIT #2 is provided to show the current Parking Modified Zoning boundary (south of the Downtown Mall). EXHIBIT #3 is provided to show the properties requested to be included in the Parking Modified Zone. EXHIBIT #4 is provided to show nearby bus routes in relation to the properties to be included in the Parking Modified Zone. EXHIBIT #5 is provided to show sample scenario comparisons of parking requirements under current and Parking Modified Zone requirements. Discussion: Staff is requesting that City Council initiate a Zoning Map Amendment to revise the boundary of the Parking Modified Zone so as to include Friendship Court, and the Charlottesville Redevelopment and Housing Authority’s (CRHA) Crescent Halls site, Avon/Levy site and 6th Street site within the Parking Modified Zone. After a proposed amendment is initiated, public comment will be sought through a joint public hearing process. Please note that if the Parking Modified Zone boundary change is approved by the Planning Commission and City Council, it does not require that the property owners construct less parking; it simply provides the flexibility of the owners to plan for less parking, depending on their parking demand and needs. Alignment with City Council’s Vision and Strategic Plan: This project supports City Council’s visions of Quality Housing Opportunities for All, and Smart, Citizen-Focused Government. It contributes to the following Strategic Plan Goal 1: An Inclusive Community of Self-sufficient Residents; and Goal 5: A Well-managed and Responsive Organization. Community Engagement: After a proposed amendment is initiated, public comment will be sought through a joint public hearing process. Budgetary Impact: No additional funds are required. Recommendation: Staff recommends approval of this Resolution. Alternatives: The City Council may decide not to approve this item; however, higher overall housing costs may be an outcome by not providing flexibility towards the construction of required parking on these subsidized and public housing sites. Attachments: Exhibit #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Resolution EXHIBIT #1 Sec. 34-971. - Applicability. (a) Off-street parking and loading spaces shall be provided in accordance with the provisions of this division, at the time of construction, erection, alteration, enlargement or change in use of any building, structure or use. Thereafter, such spaces shall be maintained and kept available for such use, to the extent of the minimum number of spaces required hereunder, unless there is a change of use or floor area. (b) Any use for which the required amount of parking was approved as of December 15, 1975 shall be considered as conforming as to the parking requirements, so long as the use remains unchanged. Otherwise, only those uses for which parking or loading space was approved and provided prior to the effective date of this chapter shall be considered in conformance with this division, provided the intensity of such use remains unchanged. (c) For enlargements of existing structures equal to or greater than 25% of the structure's gross floor area, required parking must equal the sum of those spaces prior to the enlargement and the number of spaces required by these regulations for any additional use area, unless waived by city council. Where the enlargement is less than 25% of structure's gross floor area no additional parking is required. (d) For a change of use within an existing structure where there is no enlargement of the existing structure, no additional parking is required. (e) The following three (3) parking zones shall be subject to the specific requirements set forth hereunder: (1) The Urban Core Parking Zone is established as designated on the most recently approved City of Charlottesville Zoning Map. Provision of parking shall not be required for a development in the Urban Core Parking Zone unless such development requires a special use permit for increased residential density above that allowed by right. Parking required pursuant to Article IX shall be provided for all additional units allowed as a result of the increased density, unless such requirement is waived by council. Parking requirements may be fulfilled by the property owner or developer through any of the alternatives outlined in subsection (4) below. (2) The Corner Parking Zone is established as designated on the most recently approved City of Charlottesville Zoning Map. Provision of parking shall not be required for a development in the Corner Parking Zone unless such development requires a special use permit for increased residential density above that allowed by right. Parking required pursuant to Article IX shall be provided for all additional units allowed as a result of the increased density, unless such requirement is waived by council. Parking requirements may be fulfilled by the property owner or developer through any of the alternatives outlined in subsection (4) below. (3) The Parking Modified Zone is established as designated on the most recently approved City of Charlottesville Zoning Map. Provision of parking for a development in the parking modified zone shall be computed using the provisions of sections 34-984 and 34-985. Only if a development requires more than twenty (20) parking spaces pursuant to section 34-984 of this Code shall parking be required as follows: non-residential developments shall provide 50% of the required parking, and residential developments shall provide one (1) space per unit. Parking requirements may be fulfilled by the property owner or developer through any of the alternatives outlined in subsection (4) below. Affordable housing units (as defined by city council in its adopted affordable housing policy) created in any development shall not be included in the parking calculation, and parking shall not be required as a result of any such units as long as they remain affordable. (4) Required parking in the Urban Core Parking Zone, Corner Parking Zone, and the Parking Modified Zone shall be provided either: a. On site; b. Within one thousand (1,000) feet of the site, subject to all other conditions of section 34- 973; c. By payment into a city parking fund in a standard amount per space established by city council; d. By making a one-time contribution for transit improvements equivalent to the cost of each required parking space in a standard amount per space established by city council; or by e. Implementation of alternative transportation improvements equivalent to the cost of each required parking space in a standard amount per space established by city council, as approved by planning commission. (5) In addition to provision of parking as required herein, all developments requiring a site plan within the Urban Core Parking Zone, Corner Parking Zone, and the Parking Modified Zone shall provide bicycle storage facilities, other than bicycle racks, in accordance with section 34-881. EXHIBIT #2 Current Parking Modified Zone Boundary EXHIBIT #3 Request for properties to be included within the Parking Modified Zone 4 properties identified by (gray dashed line designates existing Parking Modified Zone boundary) EXHIBIT #4 Note - Seven (7) bus stop(s) within close proximity of properties. Sites within approximately 1,300-2,000 feet of transit center (walking/bicycling distance – north on 4th Street SE, east on Water Street). EXHIBIT #5 Current city code parking requirements Parking Modified Zone Multifamily dwellings (See special provisions of parking requirements section 34-353(d)(2)) Required Calculation Required Calculation Scenario 1 Efficiency, 1-bedroom unit: 1 60 parking Residential 60 parking space/unit spaces development: 1 spaces 2-bedroom unit: 1 space/unit 60 dwelling units: required space/unit required 3-bedroom unit: 2 spaces/unit 4-bedroom unit: 2 spaces/unit (maximum*) 20 efficiency units Each bedroom in excess of 4: 1 *Note: parking additional space per bedroom for for affordable 20 1-bedroom each 10 units with more than 4 housing units units bedrooms shall not be required as long 20 2-bedroom as the units units remain affordable (see Section 34- 971(e)(3)) Scenario 2 Efficiency, 1-bedroom unit: 1 400 parking Residential 300 parking space/unit spaces development: 1 spaces 2-bedroom unit: 1 space/unit 300 dwelling required space/unit required 3-bedroom unit: 2 spaces/unit units: 4-bedroom unit: 2 spaces/unit (maximum*) Each bedroom in excess of 4: 1 *Note: parking 100 1-bedroom additional space per bedroom for for affordable units each 10 units with more than 4 housing units bedrooms shall not be 100 2-bedroom required as long units as the units remain 100 3-bedroom affordable (see units Section 34- 971(e)(3)) RESOLUTION INITIATING A ZONING MAP AMENDMENT TO AMEND THE OFFICIAL ZONING MAP REFERENCED IN SECTION 34-1(1) OF THE CODE OF THE CITY OF CHARLOTTESVILLE TO INCLUDE ADDITIONAL AREAS WITHIN THE PARKING MODIFIED ZONE REFERENCED WITHIN CITY CODE SECTION 34-971(e)(3) BE IT RESOLVED by the City Council of the City of Charlottesville that City Council hereby initiates a zoning map amendment for consideration through a public hearing process, to amend the City’s Official Zoning Map to include within the Parking Modified Zone referenced in City Code § 34-971(e)(3) to include the following sites: the site of Friendship Court (Tax Map Parcel ID number: 280112000); the site of the Charlottesville Redevelopment and Housing Authority’s (CRHA) Crescent Halls building (Tax Map Parcel ID number: 280218000); the site of the CRHA’s Avon/Levy site located at 405 Levy Avenue and 405 Avon Street (Tax Map Parcel ID numbers: 580115000 and 580114000); and the CRHA’s 6th Street site located at 6th Street SE and Monticello Avenue (Tax Map Parcel ID number: 270019000); Council finds that consideration of this proposed zoning map amendment is required by the public necessity, convenience, general welfare or good zoning practice; therefore, this proposed Zoning Map Amendment is hereby referred to the Planning Commission for its review and recommendations in accordance with the provisions of Virginia Code § 15.2-2285. To facilitate consideration of this Zoning Map Amendment, NDS Staff shall prepare a proposed amended Zoning Map showing the additional area(s), for use and reference during the public notice, advertisement and hearing process. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: March 5, 2018 Action Required: Yes Presenters: Alex Ikefuna, Director of Neighborhood Development Services Staff Contacts: Maurice Jones, City Manager Alex Ikefuna, Director of Neighborhood Development Services Title: Comprehensive Plan Extension Background: Comprehensive Plans are created ideally to coordinate public and private development with present and future policies as may be reflected through zoning, capital improvement programs, code enforcement and other means. Comprehensive plans are designed to comply with state regulations that require local planning. The City’s Planning Commission has worked to meet the Comprehensive Plan milestones established by the City Council’s resolution (attached) passed on September 6th, 2016. The commission developed an extensive community engagement process to ensure feedback from residents from all walks of life. The Commission has made significant progress on the Land Use section of the Comp Plan update however new items for discussion and review were identified last fall. As a result the Commission believes it will need additional time to fully engage with the public this spring and summer, before finalizing the document later this fall. Discussion: The Planning Commission is formally requesting an extension of the deadline to complete the Comp Plan approved by the City Council in September of 2016. If approved by the Council, the Planning Commission will finish its work by October of 2018. Alignment with City Council’s Vision and Strategic Plan: Smart, Citizen-Focused Government The delivery of quality services is at the heart of Charlottesville’s social compact with its citizens. Charlottesville’s approach to customer service ensures that we have safe neighborhoods, strong schools, and a clean environment. We continually work to employ the optimal means of delivering services, and our decisions are informed at every stage by effective communication and active citizen involvement. Citizens feel listened to and are easily able to find an appropriate forum to respectfully express their concerns. Quality Housing Opportunities for All Our neighborhoods retain a core historic fabric while offering housing that is affordable and attainable for people of all income levels, racial backgrounds, life stages, and abilities. Our neighborhoods feature a variety of housing types, including higher density, pedestrian and transit-oriented housing at employment and cultural centers. We have revitalized public housing neighborhoods that include a mixture of income and housing types with enhanced community amenities. Our housing stock is connected with recreation facilities, parks, trails, and services. Economic Sustainability Our community has an effective workforce development system that leverages the resources of the University of Virginia, Piedmont Virginia Community College, and our excellent schools to provide ongoing training and educational opportunities to our residents. We have a business- friendly environment in which employers provide well-paying, career-ladder jobs and residents have access to small business opportunities. The Downtown Mall, as the economic hub of the region, features arts and entertainment, shopping, dining, cultural events, and a vibrant City Market. The City has facilitated significant mixed and infill development within the City. Budgetary Impact: None at the moment. Recommendation: Staff recommends approval of the request to extend the deadline to October 2018. Attachments: September 6, 2016 Resolution RESOLUTION TO COMPLETE THE CITY OF CHARLOTTESVILLE’S REGULATORY FRAMEWORK REVIEW AND REVISION SUCH THAT IT ALIGNS WITH THE 2018 COMPREHENSIVE PLAN UPDATE WHEREAS, The 2013 Comprehensive Plan of the City of Charlottesville calls for a review and revision of the City’s Regulatory Framework (herein defined as encompassing the Zoning and Subdivision Ordinance, Standards and Design Manual, District and Entrance Corridor Guidelines , Affordable Housing Guidelines and other supporting documents), inclusive of researching and learning from “applicable experiences, policies, procedures, ordinances and plans of other municipalities in Virginia and the United States”, to ensure that the City’s Regulatory Framework successfully and consistently implements the City’s Comprehensive Plan, and WHEREAS, the Charlottesville City Council tasked the City Manager on February 3, 2014 to develop, fund, coordinate and complete the following for Council review and adoption by June 2015: ( 1) a Policy and Regulatory Audit leading to code revisions that align with the City’s Comprehensive Plan; (2) a Comprehensive Multi-Modal Plan, (with Street Design Standards and a Block Network Plan, herein referred to as the Streets that Work Plan ); and (3) a Green Infrastructure Plan. WHEREAS, the Streets that Work (STW) Plan was appended to the Comprehensive Plan on September 6, 2016 and a Green Infrastructure Plan is underway but has not yet been formally adopted by City Council; and a Policy and Regulatory Audit (leading to regulatory framework revisions that align with our Comprehensive Plan) has not yet been initiated city-wide; and WHEREAS, the Charlottesville City Council and Planning Commission have undertaken several initiatives to promote the general welfare of our citizens such as the adoption of new zoning for the West Main Street Corridor District and directing staff to implement the zoning recommendations of the Strategic Investment Area (SIA) small area plan; WHEREAS, the City of Charlottesville is required (Va. Code Sec. 15.2-2230) to update the City’s vision, known as the Comprehensive Plan, every five (5) years and the next Comprehensive Plan update is due in 2018. NOW THEREFORE, BE IT RESOLVED by the Charlottesville City Council that the City Manager and his staff, inclusive but not limited to the Office of the City Attorney, the Department of Neighborhood Development Services (NDS), the Office of Economic Development and the Office of Sustainability shall follow the “Work Plan” (attached to with timeline and deliverables) to complete the Regulatory Framework Review and Revision by December 31, 2017, in a manner that aligns with the 2018 Comprehensive Plan update and incorporates other City plans and initiatives and research of best practices from other institutions and localities . BE IT FURTHER RESOLVED that the attached Work Plan and Timeline to complete the Regulatory Framework Review and Revision such that it aligns with and implements the 2018 Comprehensive Plan Update is hereby adopted by City Council on September 6, 2016 with quarterly updates and final deliverables thereafter presented to City Council, following Planning Commission review. BE IT FURTHER RESOLVED by the Charlottesville City Council that a strong, coordinated public engagement strategy will be critical to the success of the development and implementation of the 2018 Comprehensive Plan update, and coincident Regulatory Framework Review and Revision and must be developed and executed as soon as possible in keeping with the Work Plan and Timeline. BE IT FURTHER RESOLVED by the Charlottesville City Council, that the City Manager and his staff shall further define the additional resources that will be needed to fully execute this Work Plan (such as establishing formal working relationships with the University of Virginia; procuring professional consultants; and/or hiring additional staff well-versed in progressive zoning and code auditing and writing,) on December 19, 2016, the date of the first quarterly report as per the attached Work Plan. Approved by Council September 6, 2016 Clerk of Council WORK PLAN (approved by City Council September 6, 2016): to execute the Regulatory Framework Review and Revision such that it aligns with the 2018 Comprehensive Plan Update. COMPONENTS. The work plan shall consist of three components. I. Immediate Action. A. Legal Review. i. Initial review of inconsistencies in the zoning ordinance and legal provisions in need of immediate clarification such as; definition of micro-units and “mixed use”; maximum densities and building heights and how to measure building heights, when a site plan is required; shared parking; and others. ii. Comprehensive and thorough legal review of zoning ordinance contents, to make sure that the ordinance reflects current mandatory requirements of state zoning legislation, both substantively and procedurally (for example, process for review of site plans), and applicable Virginia Supreme Court decisions. iii. Determination of what provisions of the ordinance have become particularly problematic and if they should be amended now, or during the 2018 Comprehensive Plan update. Problematic areas are those where : 1. staff may be making interpretations of the existing regulatory framework in a manner that might not be consistent with Council’s expectations; 2. staff, the attorneys, the zoning administrator, and/or the planning commission may have identified specific items in the existing regulatory framework that are not leading to desired outcomes; and 3. staff, the attorneys, the planning commission and stakeholders may have identified specific items in the existing internal review process that have led to unnecessarily long delays in processing development applications. iv. Review and development of supporting materials including but not limited to: 1. provisions of the Standards and Design Manual; 2. Affordable Housing guidelines; 3. illustrations, plant lists, etc., that don’t fit well into a published ordinance format, but can have the status of approved administrative policies. B. Implementation of the SIA regulatory changes/ development of a form-based code, and C. Review and update of Standards and Design Manual so it will align with the STW Plan, which is now part of the Comprehensive Plan and; i. facilitate implementation of the STW Comprehensive Plan Addenda and ii. address zoning ordinance issues that relate to the inclusion of new streets and alleys such as block sizes, curb cuts, green infrastructure strategies, others; D. Joint Work-session (WS) with the Planning Commission and City Council (with the PLACE Design Task Force invited to observe) to discuss the above on or by December 19, 2016. II. Near Term: 2018 Comprehensive Plan Update. The Comprehensive Plan should guide the “harmonious development of the City.” (Ref. Va. Code 15.2-2223(A)). The Update must also provide guidance on how best to amend the Regulatory Framework (inclusive of the zoning ordinance.) To that end: A. The 2018 Comprehensive Plan Update will be completed by March 19, 2018 (with possible 3 month extension); B. Outside resources will be needed to augment staff’s work, (to be determined and requested of council on Dec. 19, 2016), for component II; C. NDS and the City Attorney’s office will manage the “master documents” to ensure that outside resources focus on substantive issues, and not on document-drafting. D. Joint Work-session (WS) with the Planning Commission and City Council (with the PLACE Design Task Force invited to observe) to discuss the above on or by December 19, 2016. E. Community engagement strategy (CES) readied for Council adoption by Mar. 20, 2017. III. Near Term: Regulatory Framework Review and Revision. The Regulatory Framework (inclusive of the zoning ordinance) must effectively implement the updated 2018 Comprehensive Plan. To that end: A. The zoning ordinance review and revision will be coincident with the update of the 2018 Comprehensive Plan, and completed by December 31, 2017; B. Outside resources will be needed to augment staff’s work, estimated cost to be refined at a later date, for component III; C. NDS and the City Attorney’s office will manage the “master documents” to ensure that outside resources focus on substantive issues including but not limited to the following: i. revising the future land use map and ii. auditing and writing new zoning standards for 1. parking; 2. land use, 3. building height, mass and placement, 4. density; 5. housing types; 6. block size and curb cuts, 7. design control and entrance corridor districts, planned unit developments, 8. special use permits and rezoning requests; 9. submittal requirements and review processes, 10. integration with the STW and green infrastructure plans, 11. transportation and traffic; D. Joint Work-session (WS) with the Planning Commission and City Council (with the PLACE Design Task Force invited to observe) to discuss the above on or by December 19, 2016. E. Community engagement strategy (CES) readied for Council adoption by Mar. 20, 2017. REPORTING REQUIREMENTS. Progress reports will be prepared by NDS staff on a quarterly basis, for the purpose of informing and eliciting feedback from: neighborhood associations, property owners, developers, non-profits, business and industry, University of Virginia, Charlottesville Redevelopment and Housing Authority, Planning Commission, BAR, PLACE design task force, and others. They are also intended to inform and elicit guidance from City Council, before specific deliverables are proposed for adoption. TIMELINE (September 6, 2016 to December 18, 2017-15 months). Activity Duration Responsible Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Entity Report 1 Report 2 Report 3 Report 4 Report 5 Report 6 Component 1: I 1. A. Sept. 2016- City Attorney 12/19/16 3/20/17 6/19/17 Legal Review. May 2017 (WS) (final) 1.B. Sept. 2016- NDS 12/19/16 3/20/17 6/19/17 Implement SIA code Oct. 2017 (w/ others) (WS) (final) 1.C. Sept. 2016- NDS 12/19/16 3/20/17 6/19/17 9/18/17 STW integration Oct. 2017 (w/ others) (WS) (final) Component 2. 2018 Jan. 2017- NDS 12/19/16 3/20/17 6/19/17 9/18/17 12/18/17 6 /19/18 Comp Plan Update Dec. 2017 (w/ others) (WS) (CES) (final) Component 3. Jan. 2017- City Attorney, 12/19/16 3/20/17 6/19/17 9/18/17 12/18/17 Regulatory Revisions Dec. 2017 NDS (others) (WS) (CES) (final) NOTE 1: Estimates for additional resources needed to execute this Work Plan will be further refined and presented to Council on Monday, December 19, 2016 as part of the first Quarterly Progress Report. NOTE 2: The “final” quarterly report also constitutes a final deliverable that requires council action. NOTE 3: Quarterly Report #6 which is the final deliverable for the Comprehensive Plan Update, may slide 3 months should more community engagement be required. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Action Requested: Approval of Ordinance Presenter: Lisa Robertson, Acting City Attorney Staff Contacts: Lisa Robertson, Acting City Attorney Paige Rice, Clerk of Council Title: Amend Ordinance to Change Start Time of Regular Council Meetings Background and Discussion: At a recent retreat, City Council members and staff discussed ways to allow more time for the public to comment on community issues, neighborhood concerns, and other topics during the time reserved for Matters by the Public at regular Council meetings. At the February 5 Council meeting, Council voted to change their policies and procedures, to include a revised start time for regular Council meetings, which will begin at 6:30 p.m. instead of 7:00 p.m. to allow more time for public comment. Section 2-41 of the City Council specifies that Council meetings will begin at 7:00 p.m., so an ordinance change is required to move the start time to 6:30 p.m. Attached is a proposed ordinance for Council’s consideration. Alignment with City Council’s Vision and Strategic Plan: Expanding the time of City Council meetings aligns with two areas of the Council Vision: Community of Mutual Respect and Smart, Citizen-Focused Government, which strives to make sure Council decisions are informed at every stage by effective communication and active citizen involvement. Goal 5 (Responsive Organization) of the Strategic Plan is to foster effective community involvement. Community Engagement: City Council has discussed this matter at three public meetings and has held two public hearings. Budgetary Impact: None. Recommendation: Staff recommends that the proposed ordinance be adopted to align the City code with Council’s intention to start regular meetings at 6:30 p.m. Attachment: Proposed Ordinance AN ORDINANCE AMENDING AND REORDAINING SECTION 2-41 OF ARTICLE II OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, RELATED TO THE TIME AND PLACE OF CITY COUNCIL MEETINGS BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that Section 2-41 of Article II of Chapter 2 of the Charlottesville City Code, 1990, as amended, is hereby amended and reordained, as follows: Sec. 2-41. Place and time of regular meetings. The city council shall hold its regular meetings at the council chamber of the city hall, or at such other place in the city as may be designated by the mayor or the council, beginning at 7:00 6:30 p.m. on the first and third Mondays of each month, unless such day is a legal holiday, in which event such meeting shall be held on the day following. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Action Requested: Public Hearing and Ordinance (1st reading) Presenter: Matthew Alfele, Planner, NDS Staff Contacts: Matthew Alfele, Planner, NDS Lisa Robertson, Acting City Attorney Title: Conveyance of Portion of Ridge Street Right-of-Way for William Taylor Plaza Project Background: Cherry Avenue Investments, LLC acquired several City-owned parcels of land on Cherry Avenue and Ridge Street in December of 2014, and the City approved its development as the William Taylor Plaza Planned Unit Development. On the Ridge Street side of the project, the developers have submitted a site plan allowing for construction of a multifamily residential building (Phase II), but some of the improvements recommended by the Board of Architectural Review (landscape planters and border wall) will encroach into the Ridge Street right-of-way. Discussion: Attached is an Exhibit showing the area of Ridge Street the developer, Cherry Avenue Investments, would like to acquire (approximately 1,283 square feet, shown as a dark shaded area) in order to avoid having privately owned structures in the public right-of-way. At its widest point, 8.8 feet of the Ridge Street right-of-way would be affected, and it is all located behind the existing City sidewalk. The general policy is to approve design plans that do not have privately owned improvements in the public right-of-way. Conveyance of this land would allow the developer to build the landscaping infrastructure recommended by the BAR, thereby significantly improving the design of the project. There are no public utility lines located in the area to be conveyed. Ironically, most of the subject area was conveyed to the City by the developer in 2016, when the original site plan called for an 8’ wide sidewalk. Rather than have the public sidewalk on private property, the developer agreed to dedicate it back to the City as additional Ridge Street right-of-way. The final site plan required a 6’ wide sidewalk, which is now part of the constructed improvements. Alignment with City Council’s Vision and Strategic Plan: Council approval of this conveyance of land is consistent with Council’s vision for Quality Housing Opportunities for All, and complies with Goal 3.1 of the strategic Plan (Engage in Robust and Context Sensitive Urban Planning and Implementation). Community Engagement: A public hearing is scheduled (as required by law) to give the public an opportunity to comment on the conveyance of City-owned land. Budgetary Impact: Staff does not believe it is appropriate to charge the developer fair market value for any of the land that was dedicated to the City in 2016. The right-of-way that was not part of the original dedication (498 square feet) carries a value of $5,300, and the developer is willing to pay this amount. Recommendation: Staff’s recommendation is to approve the conveyance of the Ridge Street right-of-way to Cherry Avenue Investments, LLC, as shown on the attached Exhibit. The City Engineer has no objection to the conveyance, and the Planning staff believe the improved design will visually enhance the project appearance along Ridge Street. The City Attorney’s Office fully supports this conveyance of land, with the understanding that recordation of the deed will be conditioned upon final site plan approval. Alternatives: An alternative to conveyance is to have an Encroachment Agreement between the City and the developer, allowing the landscaping infrastructure to encroach into the public right-of-way. We do not recommend this approach because of liability issues and because it doesn’t comply with our general policy of keeping private structures out of the public right-of-way. Attachments: Request Letter Additional background memo from NDS/Planning Proposed Ordinance Exhibit LAW OFFICES MCCALLUM 8 KUDRAVETZ, P.C. 250 EAST H!GH STREET CHARLOTTESVILLE. VA 22902 (434) 293-8191 WWW.MKPC.COM GEORGE B. MCCALLUM. 111 OF COUNSEL DAVID W_ KU ORAVETZ JOSEPH W. RICHMOND. JR. ROGER D. WJLLIAMS JANE Cl!AMPJON CLARKE MOLLY B_f_ WALLS KATHY DONOVAN ABELL February 7, 2018 RlCHARD G. RASMUSSEN, lll STACIE 1-L REID. CPA CHARRON H. MONTGOMERY SETH F. PATES. CPA ERIC D. SMITH JUSTIN A_ RITTER The Honorable Mayor Nikuyah Walker The Honorable Charlottesville City Council Members 605 East Main Street Charlottesville, VA 22902 Re: William Taylor Plaza PUD, Phase II, Ridge Street The Honorable Mayor Walker and Members of City Council: Cherry Avenue Investments, LLC is the current record owner of the above-referenced Phase II property located on the north side of Ridge Street. We represent the contract purchaser from Cherry Avenue Investments, LLC on this Phase II property, whose site plan for the planned multifamily residential building is nearly final. The Site Plan contemplates certain items (landscaping, sidewalks, and landscaping planter walls as recommended by the City BAR) extending a short distance into a narrow portion of the current Ridge Street right-of-way. After discussions with the City Attorney and in order to avoid any "encroachment" of such items into the public right-of-way, it seems prudent to have the affected narrow portion of the current Ridge Street right-of-way transferred by the City to the property owner. This affected portion is shown on the attached Right-Of-Way Acquisition Exhibit (the "Exhibit") as a dark gray strip of land, containing a total of approximately 1,283 sq. ft. along the northwestern boundary of Ridge Street. Interestingly, in 2016 as part of this project, the property owner previously dedicated to the City a strip ofland containing approximately 1,873 sq. ft. along such northwestern boundary of Ridge Street. As shown on the Exhibit, only approximately 498 sq. ft. of the new 1,283 sq. ft. proposed to be conveyed was not included in the actual area dedicated to the City in 2016. We understand the City Assessor places a value of $5,300 on this 498 sq. ft. strip of land. The property owner is agreeable to payment of this sum to the City when the conveyance can be finalized. For the above reasons, we respectfully request the Council's consideration and approval of the proposed conveyance of the described approximately 1,283 sq. ft. narrow portion of the Ridge Street right-of-way along its northwestern boundary with the subject property. February 7, 2018 Page 2 Thank you for your consideration of this request. Should there be any additional information which would be helpful, please let us know. v72::£l~~ Roger D. Williams /jmb Enclosure cc: Trey Steigman Vice President, Development Management Services Corporation Cherry Avenue Investments, LLC c/o Southern Development Attn: Charlie Armstrong Memorandum TO: Lisa Robertson, Chief Deputy City Attorney Maurice Jones, City Manager Alex Ikefuna, NDS Director FROM: Matt Alfele, City Planner DATE: January 5, 2018 RE: William Taylor Plaza Planned Unit Development (PUD) Ridge Street Sidewalk and Encroachment This memo is responding to the email dated January 4, 2018 from Lisa Robertson regarding the events leading up to a request by the developer of William Taylor Plaza Phase II to encroach in the ity’s right-of-way. Please see the below timeline:  July 20, 2015: City Council passed an amendment to William Taylor Plaza PUD that included a new PUD Development Plan (in accordance with Sec. 34-517) and Proffer statement. Proffer #5 states the developer is responsible for constructing sidewalks with minimum widths of 6 feet along Ridge Street and Cherry Avenue. o Proffer 5. Sidewalks with a minimum width of 6 feet will be provided along the Ridge Street and Cherry Avenue road frontage in order to enhance the pedestrian environment. Where possible, 8 foot wide sidewalks will be provided. Sidewalk widths shall be as shown on the PUD Development Plan.  April 12, 2016: A Minor Subdivision and Boundary Line Adjustment was approved to consolidate lots along Cherry Avenue and create new lots for the Arboretum and parking area. As part of this subdivision, the developer dedicated land along Ridge Street to the City. Although it was never stated in the application, it appears this dedication was for a City sidewalk.  June 20, 2016:A final Site Plan for William Taylor Plaza Phase I was approved. The approved plan indicated an 8’ sidewalk along Ridge Street. !t this time, no plans were submitted for a Phase II development and two of the three lots (Lot 3 and Lot 4) that Page 1 of 3 could accommodate a future Phase II abutted the approved sidewalk.  January 17, 2017: William Taylor Plaza Phase II received a Certificate of Appropriateness (COA) from the Board of Architectural Review (BAR). From the BAR action memo dated January 17, 2017; it indicates this COA was for landscaping along Ridge Street and the Corten wall. As listed in the approval for the COA, BAR asked for a 6’ sidewalk instead of an 8’ one (as that was what was approved). ut it is also my understanding the materials BAR reviewed did not indicate the location of property lines along Ridge Street. Without this information they most likely inferred the property lines were located at back of sidewalk and the proposed Corten walls would be located on private property, but I cannot speak to BAR’s intentions. At the end of the day, BAR issued a O! for a plan that included 6’ sidewalks and Corten walls located in City ROW.  August 2, 2017: A Site Plan Amendment for William Taylor Plaza Phase I was approved. This amendment was requested by the developer in order comply with !R’s actions of January 17, 2017. !lthough !R’s actions were for Phase II, the sidewalk on Ridge is part of the Phase I development. !s a 6’ sidewalk is the minimum required by Proffer #5, staff approved the change. As you can see from the plan, the change from an 8’ sidewalk to a 6’ sidewalk creates additional room for the Corten walls to encroach into City ROW.  October 26, 2017: A Final Site Plan for William Taylor Plaza Phase II was submitted (September 13, 2017) and a comment letter was sent to the applicant on October 26, 2017. Within that letter Planning pointed out that all privately owned and maintained structures must be removed from the ity’s ROW. Page 2 of 3 o (from the Comment Letter Dated October 26, 2017) SP4: All privately maintained landscape features need to be removed from the City’s ROW. If you wish to pursue approval of privately maintained landscape features in the City’s ROW, you will need approval from City Council. This request must be filed through the City !ttorney’s office. As you can see from the above timeline the applicant is currently pursuing an encroachment agreement to place landscaping and a Corten wall in City ROW between back of sidewalk and the property line. At no time during this history of this project did an 8’ or 6’ sidewalk encroach onto private land. As seen recently with the land swap on Cleveland Avenue, staff would prefer all City maintained infrastructure be in the ROW and all private structures be on private land, eliminating the need for maintenance agreements. One thing that should be noted is even with the dedication from April 2016, lot #2 never extended to back of sidewalk. Staff believes City Council can grant an encroachment, return a portion of land that was dedicated in April 2016 (to back of sidewalk), require the developer to buy ROW, or a combination. Page 3 of 3 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CITY-OWNED RIGHT-OF-WAY ON RIDGE STREET TO CHERRY AVENUE INVESTMENTS, LLC FOR THE WILLIAM TAYLOR PLAZA PROJECT WHEREAS, Cherry Avenue Investments, LLC, the owner of property designated as Parcels 146, 147 and 149 on City Real Estate Tax Map 29 (William Taylor Plaza), wishes to acquire a certain portion of the Ridge Street right-of-way owned by the City, said right-of-way being shown on the attached Exhibit dated January 29, 2018; and WHEREAS, in accordance with Virginia Code Sec. 15.2-1800(B), a public hearing was held to give the public an opportunity to comment on the proposed conveyance of City-owned land as requested by Cherry Avenue Investments, LLC; and WHEREAS, staff of the Departments of Neighborhood Development Services and Public Utilities have reviewed the proposed conveyance and have no objection thereto; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor is authorized to execute a deed of quitclaim, in form approved by the City Attorney, for certain City- owned right-of-way on Ridge Street, approximately 1,283 square feet in area, adjacent to Parcels 146, 147 and 149 on City Tax Map 29, being shown on the attached Exhibit dated January 29, 2018. The City Attorney is hereby authorized to take whatever steps are necessary to effect the closing of said property conveyance; provided however, that the obligation to close on the conveyance shall be conditioned upon final approval of the site plan for Phase 2 of William Taylor Plaza PUD. ,~, ~ I I I I i I 0 "' 0 "' 0 0 "'.... ,II • I '' I RIGHT-OF-WAY ACQUISITION EXHIBIT FOR Dominion PHASE20F Engineering WILLIAM TAYLOR PLAZA PUD 172 5-0Uth Fontop:; On<..e CITY OF CHARLOTTESVILLE, VA Ck>i1olte5vill:, VA2-WI I 434.979.lll21 (pl Cl DATE: REVISION: DRAWN BY: SHEET: 434.979.lbfll (f) d