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ACTIONS
Board of Supervisors Meeting of December 10, 2003
December 11, 2003
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 6:00 p.m., by the
Chairman. All BOS members were present. Also
present were Bob Tucker, Larry Davis, David
Benish and Ella Carey.
4. From the Public: Matters not Listed on the Agenda.
• Tom Loach said proposed improvements to
Jarmans Gap Road have been delayed until 2008.
There are currently several developments approved
that are predicated on those road improvements.
He asked the Board to not allow the connection
between Route 250 and Jarmans Gap Road until
the proposed improvements on Jarmans Gap Road
are approved or built.
o Dennis Rooker asked for a report back on
the advisability of not allowing the
connection.
• Paul Grady said he signed up for the County’s A-
mail but has not received notices of the December
meetings.
Tom Foley: Bring back information to Board on January
7th.
Clerk’s office: Follow-up on agenda notifications.
5.2. Adopt resolution to reaffirm Route 22/231 through
truck restriction in Albemarle County.
• ADOPTED the attached resolution to reaffirm the
restriction of through trucks on Route 22/231.
Clerk: Forward resolution to Juan Wade to distribute to
appropriate individuals. (Attachment 1)
5.3. Adopt Resolution of Intent to bring Rural
Preservation Developments Ordinance
requirements into conformance with Virginia Code.
• ADOPTED the attached resolution.
Clerk: Forward resolution to Wayne Cilimberg.
(Attachment 2)
5.4. Authorize County Executive to sign Interagency
Agreement with the Department of Environmental
Quality for Red Hill Water System Study.
• AUTHORIZED the County Executive to sign the
Interagency Agreement with DEQ and
AUTHORIZED the allocation of $97,700 for the
project to be reimbursed in full by DEQ.
David Hirschman: Obtain County Executive’s signature
on agreement. Provide Clerk with copy of signed
agreement. (Attachment 3)
5a. Presentation on ACSA, RWSA and City Cost
Sharing Agreement, Bill Brent.
• EXPRESSED agreement with the Cost Sharing
Agreement developed by the Albemarle County
Service Authority, Rivanna Water and Sewer
Authority and Charlottesville City Council.
Clerk: Forward letter to Bill Brent indicating agreement.
5b. ZMA-2003-003. Eckerd Drug Store (Sign #73).
(Deferred from December 10, 2003)
• APPROVED ZMA-2003-003, by a vote of 5:1, as
proffered dated 12/8/03, and signed by the
applicant.
Clerk: Set out proffers in Attachment 4.
5c. SP-2003-047. Eckerd Drug Store (Sign #73).
(Deferred from December 10, 2003)
• APPROVED SP-2003-047, by a vote of 5:1.
6. ZMA-2003-09. Marshall Property – Airport Road Clerk: Set out proffers in Attachment 4.
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Parking Lot (Sign #79).
• APPROVED ZMA-2003-009, by a vote of 6:0, as
set out in amended proffers dated 09-09-2003, and
signed by the applicant on 09-15-2003.
7. SP-2003-061. Marshall Property - Airport Road
Parking Lot (Sign #5).
• APPROVED SP-2003-061, by a vote of 6:0, subject
to two conditions.
Clerk: Set out conditions of approval in Attachment 4.
8. SP-2003-062. Chestnut Grove Baptist Church
Addition (Sign #82).
• APPROVED SP-2003-062, by a vote of 5:1, subject
to six conditions.
Clerk: Set out conditions of approval in Attachment 4.
9. SP-2003-063. Chestnut Grove Baptist Church Pre-
school Amendment (Sign #86).
• APPROVED SP-2003-063, by a vote of 6:0, subject
to four conditions.
Clerk: Set out conditions of approval in Attachment 4.
10. SP-2003-065. Frances Jacob, LLC - Tennis
Building (Signs #8&15).
• APPROVED SP-2003-065, by a vote of 6:0, subject
to four conditions.
Clerk: Set out conditions of approval in Attachment 4.
11. SP-2003-066. Canody (Alltel) (Sign #38).
• APPROVED SP-2003-066, by a vote of 6:0, subject
to twenty-one conditions.
Clerk: Set out conditions of approval in Attachment 4.
14. CPA-2003-04. Crozet Master Plan, Boundary
Adjustment.
• APPROVED CPA-2003-04, by a vote of 6:0, to
amend the existing boundary of the Community of
Crozet as recommended by the proposed Crozet
Master Plan. This includes adding the northern
boundary as recommended in staff’s November 11,
2003 staff report, that runs right along Parrot Creek
and then along the school’s eastern property line
and the elimination of the southeastern quadrant
from the development area.
15. From the Board: Matters Not Listed on the Agenda.
• AUTHORIZED the County Executive to sign rental
rate agreement in order to satisfy bonus density
requirements per Section 14.4.3 of the Zoning
Ordinance and AUTHORIZED the County Executive
to enter the County into and sign future rental rate
agreements. DIRECTED future agreements be put
on the consent agenda for information.
Mr. Perkins:
• Commented that the annual meeting this past year
at VACo was a good one. Mentioned that there is a
place for counties to display their banners.
Suggested that in the future Albemarle County put
up its banner.
• ADOPTED a resolution to support the Monticello
Mustangs in the State Championship game.
County Attorney’s office: After signatures have been
obtained, provide Clerk’s office with fully executed copy
of agreement.
16. Adjourn to December 18, 2003 for Joint Meeting with
Legislators.
• At 9:05 p.m., the Board adjourned its meeting
until December 18th.
/ewc
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Attachment 1 – Route 22/231 Resolution.
Attachment 2 – Rural Preservation Development Resolution of Intent
Attachment 3 – Interagency Agreement with the DEQ for Red Hill Water System Study
Attachment 4 – Planning Conditions of Approval
Attachment 5 – Rental Rate Agreement
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Attachment 1
RESOLUTION
WHEREAS, the Board of County Supervisors of Albemarle County, Virginia, received a request
from a group of citizens/residents along Routes 231/22 to consider restricting through tractor-trailer traffic
on these routes as means to address various traffic concerns:
WHEREAS, the Board held a public hearing on June 7, 1995, to receive comments from citizens
on this request.
WHEREAS, the Board adopted a resolution on June 7, 1995 requesting from the Virginia
Department of Transportation a restriction on through-traveling tractor-trailers on Routes 231 and 22.
WHEREAS, the rural character of Routes 231/22 consists of blind curves, hills, narrow
pavements with no shoulders serving local commuting traffic and farms,
WHEREAS, the Code of Virginia was amended in 1995 and 1996 to increase the size of tractor-
trailers that may travel any road in the state from 60 to 65 feet long and from 8 to 8 ½ feet.
WHEREAS, the geometric design and construction of the road combined with a travelway of only
9 feet creates an incompatible and unsafe situation between tractor-trailers and others vehicles on the
roadway.
WHEREAS, the presence of tractor-trailers on Routes 231/22 creates an unsafe road for the
traveling public.
WHEREAS, Route 231 was listed by Scenic America at the top of its list of the Ten Most Scenic
Roads in America.
WHEREAS, County and State Law Enforcement officials have stated that safe and effective
enforcement of commercial vehicle regulations is impossible to conduct once tractor-trailers are traveling
on Routes 231/22.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Supervisors of Albemarle
County, Virginia, hereby renews their request to the Commonwealth Transportation Board to restrict
through tractor trailer traffic on Routes 231/22 in accordance with Section 45.1-171.2 of the Code of
Virginia; and
FURTHER RESOLVES that because U.S. Route 15 between Gordonsville and I-64 is a Federal
Highway, is included within the STAA Truck Routing System, and is the chosen location for several high
volume truck-dependent businesses, it is therefore a reasonable alternative route to tractor-trailers now
traveling Routes 231/22.
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Attachment 2
RESOLUTION OF INTENT
WHEREAS, Zoning Ordinance §§ 10.2.2, 10.3.3.3 and 10.5.2.1 allow rural preservation
developments having more than twenty development lots by special use permit, rural preservation
developments having twenty or fewer development lots by right, and all rural preservation developments
as a cluster form of development;
WHEREAS, effective July 1, 2004, Virginia Code § 15.2-2286(A)(12) will prohibit localities from
authorizing cluster developments by special use permit, and instead will require that localities allow
cluster developments by right, subject to standards, conditions and criteria established by the locality;
provided, however, Virginia Code § 15.2-2286(A)(12) also grandfathers local regulations adopted before
January 1, 2002 that allow cluster developments by right;
WHEREAS, the rural areas element of the Albemarle County Comprehensive Plan is currently
under development, and it is not practical for the County to develop and adopt standards, conditions and
criteria for rural cluster developments by July 1, 2004 to implement regulations to allow rural preservation
developments having more than twenty development lots by right; and
WHEREAS, in order to timely comply with Virginia Code § 15.2-2286(A)(12), it is desired to
repeal those regulations of the Albemarle County Zoning Ordinance that allow rural preservation
developments having more than twenty development lots by special use permit.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a
resolution of intent to amend the Zoning Ordinance as described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the
zoning text amendment proposed pursuant to this resolution of intent, and make its recommendation to
the Board of Supervisors at the earliest possible date.
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Attachment 3
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY AND ALBERMARLE COUNTY INTERAGENCY
AGREEMENT
THE RED HILL GROUND WATER FEASIBILITY STUDY
This Interagency Agreement is for conducting a ground water feasibility study in the Red Hill area outside of
Charlottesville. Because of petroleum contamination in the Red Hill area the study is necessary to identify
potential locations where the ground water resource could support development of alternative water supplies.
There are nine petroleum contaminated residential drinking water wells in the Red Hill area and a potential that
additional wells could become impacted in the future. A ground water feasibility study is the first step in
evaluating the practicability of providing an uncontaminated drinking water supply to these impacted
residences. In addition, other citizens in the vicinity with low yielding wells (uncontaminated with petroleum)
are also interested in this project. This agreement is made by and between the Department of Environmental
Quality (hereinafter referred to as the "Department") and Albemarle County (hereinafter referred to as the
"Provider"). The parties to this agreement, in consideration of the mutual covenants and stipulations set out
herein, agree as follows:
AGREEMENT DESCRIPTION: The Provider shall perform services as set forth in the Agreement Documents.
The Project covers all necessary services to conduct a phased approach for evaluating the feasibility of using
ground water in the Red Hill area. Phase I – Preliminary Area Ground Water Investigation will include
collection and analysis of available data to assess the feasibility of developing new ground water supplies,
identification of favorable areas for test wells, and evaluation of the feasibility of various water system
configurations. Phase II - Detailed Investigation of Potential Targets will include geophysical exploration of
favorable areas, the drilling of test wells, and a preliminary hydrogeologic and engineering analysis. This
analysis will include probable construction costs for various potential water system configurations.
PROJECT PERIOD: The Project shall commence on or around December 15, 2003 and shall terminate no
more than twelve (12) months following the date this contract is executed and the initial payment is received
from the Department.
PAYMENTS: The Department shall pay the Provider actual cost (estimated at $97,700.00) for the work as
described in the attached Project Description as provided by Albemarle County. Total payments will not
exceed the estimated cost. The Provider shall notify the Department of any changes to the Scope of Work.
The said estimated cost shall include all expenses of the agreement. Payments shall be made as follows: Cost
of Phase I ($31,900.00) upon execution of this Interagency Agreement and the balance of the actual cost
(estimated at a grand total of $97,700.00) upon satisfactory completion of the project.
Project Reporting Requirements:
(1) A monthly progress report shall be submitted to the DEQ.
(2) Phase reports as described in the Golder Associates, Inc. Proposal and Cost Estimate.
Project Agreement Documents shall consist of:
(1) This Signed Form
(2) Golder Associates, Inc. Proposal and Cost Estimate dated November 6, 2003 (attached).
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
thereby.
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Attachment 4
CONDITIONS OF APPROVAL
Agenda Item No. 5b. ZMA-2003-003. Eckerd Drug Store (Sign #73). (Deferred from
December 10, 2003)
Eckerd Pharmacy
ZMA-03-03 and SP-03-47
Tax Map 78 Parcels 12, 12B and 55A4
Proffer Statement
The following parcels are subject to rezoning application ZMA 03-03 and SP 03-47 and thus to
this proffer statement: Tax Map 78 Parcels 12, 12B and 55A4 (“the Property”). The owner of the
Property is North Pantops Townhouses, LLC, its successors and assigns. For purposes of this proffer
statement North Pantops Townhouses, LLC, its successors and assigns is herein referred to as the
“Owner”.
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the Property, which contains 76,368 square feet from R-15-EC toC1-EC, the Owner shall develop
the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia,
1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These
conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that
(1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning request.
1. Access to the Property from Route 250 shall be limited to one (1) entrance. There shall
be no exit from the Property onto Route 250. This access may be in addition to the two
points of access on Route 250 proffered in ZMA 94-06, a copy of that proffer being
attached hereto. Access to the Property from North Rolkin Road shall be as shown on
the Application Plan for Eckerd Pharmacy prepared by Rivanna Engineering dated April
25, 2003, revised November 18, 2003 (#C), hereinafter referred to as the “Plan”.
2. Any drive thru window shall be located on the north side of the building and it shall be
open for use whenever the building is open to the public for use.
3. Not more than a single row of parking spaces and one (1) two-way travel aisle shall be
located between the building and Route 250.
4. The area identified on the Plan as the “landscaped area” at the intersection of Rolkin
Road and Route 250 shall contain no impervious surfaces.
5. The Owner shall construct the extension of North Rolkin Road from its intersection with
Route 250 to its intersection with Sarah’s Lane, and the extension shall be completed
before a certificate of occupancy is issued for the Property. Construction shall be
deemed complete when the improvements are accepted by the appropriate public entity
or are bonded for the entity’s acceptance. The extension shall be constructed, subject to
final approval from the appropriate public entity, as shown on Sheet A 2 of the Plan. In
conjunction with the extension of North Rolkin Road, the Owner shall:
A. Increase the left turn storage on the Route 250 eastbound approach to the signal at
Route 250 and Rolkin Road by modifying the existing median within the public right-
of-way, in accordance with plans to be approved by VDOT; and
B. Upon the request of the County of Albemarle, make a cash contribution of Six
Thousand and 00/100 Dollars ($6,000.00) to the County for upgrading the signal
controller for the signal at Route 250 and Rolkin Road so that it may function as the
master controller for a coordinated signal network along this portion of Route 250. If
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the signal controller is not upgraded by December 3, 2013, all unexpended funds
shall be returned to the Owner.
6. The Owner shall construct an offsite storm water management facility in accordance with
plans entitled North Pantops Commercial Area, Preliminary Site Plans, dated October 2,
2003, subject to the approval by the Albemarle County Department of Engineering and
Public Works, and the facility shall be completed and approved by the Department before
a certificate of occupancy is issued for the Property. Construction shall be deemed
complete when the improvements are accepted by the appropriate public entity or are
bonded for the entity’s acceptance.
7. The Owner shall construct a right turn lane from Route 250 westbound onto North Rolkin
Road. The right turn lane shall provide a minimum of 250 feet of right turn storage and
have a 100 foot taper at the right-in entrance; final plans shall be subject to VDOT
approval. The right turn lane and taper shall be constructed within the VDOT right-of-way
in accordance with VDOT standards. The construction of the right turn lane and taper
shall be completed before a certificate of occupancy is issued for the Property.
Construction shall be deemed complete when the improvements are accepted by VDOT
or are bonded for VDOT’s acceptance.
8. The only by right permitted uses on the property shall be those set forth in Subsection
22.2.1, By Right, of Chapter 18, Zoning, Section 22, Commercial-C-1 of the Albemarle
County Code in subparts (a.) 4, 5, 6 as modified on the attachment,10, 11, 12 and (b.) 1,
2, 5, 8, 12, 13, 14 as modified on the attachment, 15, 17, 18, 20 and 23, and uses
accessory thereto, as those uses exist in the Code on December 10, 2003, a copy of
which is attached.
9. The only building, other than appropriate accessory buildings, for the primary use shall be
a one story building of a size and location substantially in compliance with the building
area footprint as shown on the Plan.
WITNESS the following signature:
North Pantops Townhouses, LLC
By: ___(Signed)________________
Charles W. Hurt, Member
__________
Agenda Item No. 6. ZMA-2003-09. Marshall Property – Airport Road Parking Lot (Sign #79).
Public hearing on a request to amend the proffers of ZMA-1996-018 to allow for stand alone parking &
allow a separate entrance onto Airport Rd. TM 32 Ps 20D&20E. 1.336 acs. Znd HC. Loc on Airport Rd
(Rt 649) approx .1 mls from intersec of Seminole Trail (Rt 29N) & Airport Rd. (The Comp Plan designates
this property as Regional Service in the Hollymead Community.) Rio Dist.
PROFFER FORM
Date: 09-09-2003
ZMA #2003-009
Tax Map and Parcel Number(s) 03200-00-00-020D0 and 020E0
1.33 Acres to be rezoned from HC to HC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized
agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if
rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning request.
(1) Permitted uses of the property, and/or uses authorized by special use permit, shall include only
the following sections of the Albemarle County Zoning Ordinance in effect on December 11,
1996, a copy of the sections being attached hereto (on file): 24.2.1
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(2) Automobile, Truck Repair Shops
(35) Electric, gas…
(36) Public uses…
(37) Temporary Construction uses
and in effect February 5, 2003, a copy of the section being attached hereto: 24.2.2
(12) Stand Alone Parking and parking structures
(Signed) W. A. Marshall, Jr. W. A. Marshall, Jr. _______ 09-15-2003
Signature of All Owners Printed Names of All Owners Date
(Signed) Rachel K. Marshall Rachel K. Marshall, _______ 09-15-2003
__________
Agenda Item No. 7. SP-2003-061. Marshall Property - Airport Road Parking Lot (Sign #5).
Public hearing on a request to allow stand alone parking in accord w/Sec 24.2.2.12 of the Zoning Ord.
TM 32 Ps 20D,20E&40. 1.336 acs. Znd HC. Loc on Airport Rd (Rt 649), approx .1 mls from intersec of
Seminole Trail (Rt 29N) and Airport Rd. Rio Dist.
1. A final site plan shall be submitted for approval which:
a. shall be in general accord with both the plan dated 9/03/03 and the Supplement #1 to
Drawing C-2 dated 9/12/03,
b. shall include the closure of the entrance on parcel 20D, the closure of the eastern
entrance on parcel 20F, the completion of the sidewalk, curbing, street shrubs, and street
trees along the frontage of Airport Road on parcels 20D, 20E, and
c. shall include the joint entrance for parcels 20D, 20E, 20F; and
2. At least one sign shall be posted in the parking area that identifies the use as parking for the
adjacent automobile repair center only (Tax Map 32 Parcel 40), with size and location of the sign
to be determined and approved by staff.
__________
Agenda Item No. 8. SP-2003-062. Chestnut Grove Baptist Church Addition (Sign #82).
Public hearing on a request to allow an 11,964 sq ft addition to an existing church in accord w/Sec
10.2.2.35 of the Zoning Ord. TM 19, P 17, contains 10.7 acs. Znd RA. Loc on Buck Mountain Rd (Rt
664) at the Rt 664/663 intersec. White Hall Dist.
1. The church’s improvements and the scale and location of the improvements shall be developed in
general accord with the conceptual plan entitled “Addition & Remodeling Chestnut Grove Baptist
Church” revised 9-26-03;
2. The area of assembly within the fellowship hall shall be limited to three hundred twenty (320)
seats under this special use permit, or the limit approved by the Health Department, whichever is
less;
3. Commercial setback standards (50’- building, 20’-parking) as set forth in Section 21.7.2 of the
Albemarle Zoning Ordinance, shall be maintained adjacent to residential uses or other Rural Area
zoned properties;
4. Construction of the church, as shown on the plan, shall commence within five (5) years of the
date of the approval of this special use permit or this special use permit shall expire;
5. Health Department approval of a well and septic systems shall be required prior to the issuance
of a building permit; and
6. Conservation of the natural vegetation within fifty (50) foot building setback buffer along the north
property line shall be required.
__________
Agenda Item No. 9. SP-2003-063. Chestnut Grove Baptist Church Pre-school Amendment
(Sign #86). Public hearing on a request to amend SP-1993-024 to allow the increase of an existing
church pre-school to 50 students and 5 teachers in accord w/Sec 10.2.2.5 of the Zoning Ord. TM 19, P
17, contains 10.7 acs. Znd RA. Loc on Buck Mountain Rd (Rt 664) at the Rt 664/663 intersec. White
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Hall Dist.
1. The outside play area activities shall be limited to take place during daylight hours. Lighting of
the play area shall not be permitted;
2. Enrollment shall be limited to 50 children, or the limit approved by the Health Department,
whichever is less;
3. The hours of operation shall be limited to 9 A.M. to 12:30 P.M. The days of operation shall be
limited to five days per week (Monday- Friday), unless or the limit approved by the Health
Department, whichever is less; and
4. The entrance onto Route 664 shall be improved to current standards for sight distance or closed
except for emergency purposes. VDOT approval of the entrance on Route 664 shall be required
prior to the issuance of a certificate of occupancy. Notwithstanding this requirement, if the
entrance is not approved to these standards, enrollment may still be up to twenty (20) children, or
the limit approved by the Health Department, whichever is less.
__________
Agenda Item No. 10. SP-2003-065. Frances Jacob, LLC - Tennis Building (Signs #8&15).
Public hearing on a request to allow private tennis building in accord w/Sec 10.2.2.4) of the Zoning Ord.
TM 99 P 108B, contains 7.265 acs. Znd RA. Loc on Old Lynchburg Rd (Rt 631) approx 400 ft N of
intersec of Rt 631 & Rt 712. Samuel Miller Dist.
1. The site plan shall be developed in general accord with the conceptual plan titled “Proposed
Private Tennis Building for Boyd Tinsley,” revised October 17, 2003, and prepared by Melvin R.
Taylor;
2. This facility shall be used only by the property owners and their guests, and shall not be used as
a commercial tennis facility or private tennis club;
3. The applicants shall secure a permit from the Virginia Department of Transportation before
beginning any work in the right-of-way; and
4. The applicant shall secure Engineering Department approval of an Erosion and Sediment Control
Plan and a Stormwater Management Plan before receiving a grading permit for this use.
__________
Agenda Item No. 11. SP-2003-066. Canody (Alltel) (Sign #38). Public hearing on a request to
allow the construction of a personal wireless service fac w/ 90 ft tall monopole as its mounting structure in
accord w/Sec (10.2.2.6) of the Zoning Ord which allows for microwave & radio-wave transmission & relay
towers in the RA. TM 89, P 4, contains 6.363 acs. Loc on the north-bound lane of Monacan Trail Rd (Rt
29S) & W of the railroad, approx ¼ ml S of the I-64 overpass. Znd RA & EC Overlay District. Samuel
Miller Dist.
The facility shall be designed, constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the
conditions listed herein, the facility including the monopole, the ground equipment building, and
any antennas shall be sized, located and built as shown on the construction plans entitled, “Alltel -
Moore’s Creek Site”, last revised October 20, 2003 and provided herein, with Attachment A;
2. The calculation of pole height shall include any base, foundation or grading that raises the pole
above the pre-existing, natural ground elevation;
3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed four (4)
feet above the top of twenty (20)-inch diameter Poplar tree identified as number 195 on Sheet C6
of the construction plans. In no case shall the pole exceed ninety (90) feet in total height at the
time of installation without prior approval of an amendment to this special use permit or personal
wireless facility permit;
4. The monopole shall be painted a natural brown that is consistent with the color of the trees
surrounding the site;
5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole
shall be the same color as the pole and shall be no larger than the specifications set forth in the
application plans;
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6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure, shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
7. No satellite or microwave dishes shall be permitted on the monopole;
8. No antennas or equipment, with the exception of a grounding rod, not to exceed one (1)-inch in
diameter and twelve (12) inches in height, shall be located above the top of the pole;
9. No guy wires shall be permitted;
10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running though the lowest
part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the
lamps to the power supply; and
11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit, the following requirements shall be met:
12. Size specifications and other details , including elevation drawings of the antennas and ground
equipment shall be included in the construction plan package;
13. Certification by a registered surveyor stating the height of the reference tree that has been used
to justify the height of the monopole shall be provided to the Zoning Administrator;
14. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or
utility access, an amended tree conservation plan, developed by a certified arborist shall be
submitted to the Zoning Administrator for approval. The plan shall specify tree protection
methods and procedures, and identify any existing trees to be removed on the site - both inside
and outside the access easement and lease area. All construction or installation associated with
the pole and equipment pad, including necessary access for construction or installation, shall be
in accordance with this tree conservation plan. Except for the tree removal expressly authorized
by the Director of Planning and Community Development, the permittee shall not remove existing
trees within two hundred (200) feet of the pole and equipment pad on its property except for those
trees subject to existing recorded easements;
15. The tree conservation plan required by condition 14 shall include special consideration for the
preserving the health of the twenty (20)-inch, ninety-eight (98)-foot tall tree identified as number
187 on page C6 of the constructions plans to its current state of health; and
16. With the building permit application, the applicant shall submit the final revised set of site plans for
construction of the facility. During the application review, Planning staff shall review the revised
plans to ensure that all appropriate conditions of the special use permit have been addressed.
After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to
any facility operation, the following shall be met:
17. Certification by a registered surveyor stating the height of the pole, measured both in feet above
ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum
identified in the application shall be provided to the Zoning Administrator;
18. Certification confirming that the grounding rod:
a) height does not exceed two (2) feet above the tower; and
b) width does not exceed a diameter of one (1)-inch, shall be provided to the Zoning
Administrator; and
19. No slopes associated with construction of the facility shall be created that are steeper than 2:1
unless retaining walls, revetments, or other stabilization measures acceptable to the County
Engineer are employed.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
20. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
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provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider; and
21. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
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Attachment 5
RENTAL RATE AGREEMENT
(Albemarle County Code, Chapter 18, Zoning, Section 14.4.3(c))
THIS AGREEMENT is made this _____ day of ___________, 2003, by and between the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
hereinafter referred to as the “COUNTY,” and CHRISTOPHER L. DAVIS, hereinafter referred to as the
“OWNER.”
WHEREAS, the OWNER is the owner of that certain property (hereinafter, the “property”) located
in Albemarle County, Virginia described as:
All that certain parcel or tract of land situated in the White Hall Magisterial District of the County of
Albemarle, Virginia, containing 0.890 acres, more or less, and shown and designated on the plat
of Thomas B. Lincoln Land Surveyor, Inc., dated May 20, 2002, revised July 11, 2002, which plat
is recorded immediately prior hereto.
The property is also identified in the COUNTY’s tax maps, prior to subdivision, as Tax Map
56A1, Section 1, Parcel 90, which is the same land acquired by the OWNER by a deed recorded
in the land records of the Clerk of the Circuit Court of the County of Albemarle in Deed Book
____, Page ____.
WHEREAS, the property will be developed to provide low or moderate cost rental housing units
as provided in Section 14.4.3 of Chapter 18, Zoning, of the Albemarle County Code, which allows a thirty
(30) percent increase in density for such housing; and
WHEREAS, as a condition of the thirty (30) percent increase in density, the OWNER and the
COUNTY are required by Section 14.4.3(c) of Chapter 18, Zoning, of the Albemarle County Code, to
enter into an agreement restricting the rental rates of the low or moderate cost units for a period of five (5)
years or until the units are sold as low or moderate cost units, whichever comes first.
W I T N E S S:
IN CONSIDERATION of the mutual premises stated in this Agreement, the COUNTY and the
OWNER agree as follows:
PROPERTY AND DWELLING UNITS SUBJECT TO THIS AGREEMENT
1.1 The OWNER represents that the property will be developed with two-bedroom dwelling units.
1.2 The terms of this Agreement shall apply to each two-bedroom or larger dwelling unit established
on the property for the period provided in section 2.2.
1.3 If the OWNER hereafter desires to establish one-bedroom or studio-style dwelling units on the
property, this Agreement shall be amended as provided in section 9.1 to establish low or
moderate cost rental rates for those units.
ARTICLE 2: RENTAL RATES
2.1 The gross rent for each two-bedroom dwelling unit on the property in 2003 shall not exceed
seven hundred sixty-two dollars ($762) per month; the net rent for each two-bedroom dwelling
unit in 2003 shall not exceed six hundred twenty-five dollars ($625). In each subsequent
calendar year, the monthly gross rent or net rent for each two-bedroom dwelling unit may be
increased up to two and one-half percent (2.5%). For purposes of this Agreement, the term
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“gross rent” means that the rent includes the payment of all utilities; the term “net rent” means
that the utilities are not included in the rent and are paid separately by the tenant.
2.2 The maximum rents established in section 2.1 shall apply for a period of five (5) years following
the date the certificate of occupancy is issued by the COUNTY for the two-bedroom dwelling unit
to which the rental rates apply, or until the units are sold as low or moderate cost units within the
meaning of Section 14.4.3 of Chapter 18, Zoning, of the Albemarle County Code, whichever
comes first.
ARTICLE 3: CONVEYANCE OF INTEREST
3.1 All deeds conveying any interest in the property during the term of this Agreement shall contain
language reciting that the property is subject to this Agreement.
3.2 All contracts pertaining to a conveyance of the property, or any part thereof, during the term of
this Agreement, shall contain a complete and full disclosure of the restrictions and controls
established by this Agreement.
3.3 At least thirty (30) days prior to the OWNER’s conveyance of any interest in the property during
the term of this Agreement, the OWNER shall notify the COUNTY in writing of the conveyance
and provide the name, address and telephone number of the potential grantee, and state that the
requirements of sections 3.1 and 3.2 have been satisfied.
ARTICLE 4: REPORTING RENTAL RATES
4.1 During the term of this Agreement, within thirty (30) days of each rental or lease term for each
dwelling unit, the OWNER shall provide to the COUNTY a copy of the rental or lease agreement
for the dwelling unit rented that shows the rental rate for that dwelling unit and the term of the
rental or lease agreement.
4.2 During the term of this Agreement, the OWNER shall provide to the COUNTY, if requested, any
reports, copies of rental or lease agreements, or other data pertaining to rental rates as the
COUNTY may reasonably require.
ARTICLE 5: ENFORCEMENT BY THE COUNTY
5.1 If the COUNTY determines that the OWNER has violated any term of this Agreement, or is
attempting to violate any term of this Agreement, the COUNTY may enforce this Agreement by
proceeding at law or in equity against the OWNER, either to restrain the violation or attempted
violation, or to recover damages for the breach hereof, including attorney’s fees and the costs of
collection.
5.2 No remedy conferred in the COUNTY is intended to be exclusive of any other available remedy,
but each and every such remedy is cumulative of any other remedy existing at law or in equity.
5.3 Notwithstanding the foregoing, nothing herein is intended to confer on the COUNTY the right to
invalidate a conveyance made in violation of sections 3.1 or 3.2.
ARTICLE 6: OWNER NOT EMPLOYEE OR AGENT OF COUNTY
6.1 Nothing in this Agreement shall be construed to designate the OWNER, or any of his employees,
as an employee or agent of the COUNTY.
ARTICLE 7: NOTICE
7.1 Any notice, request, report or other communication to either party by the other concerning the
terms and conditions of this Agreement shall be in writing and shall be deemed given only: (i)
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when actually received by the addressee; or (ii) sent postage prepaid, by certified or registered
United States mail, return receipt requested, addressed as follows:
COUNTY: OWNER
Ronnie L. White Christopher L. Davis
Chief of Housing
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902
7.2 The person and the place to which notices are to be mailed to either party may be changed from
time to time by notice given in accordance with the provisions of this article.
ARTICLE : BINDING EFFECT AND RELEASE
8.1 The terms and conditions of this Agreement shall run with the land and be binding upon
the OWNER, and his heirs, successors and assigns.
8.2 Five (5) years following the date the last certificate of occupancy is issued by the COUNTY for the
property, or after the units are sold as low or moderate cost units within the meaning of Section
14.4.3 of Chapter 18, Zoning, of the Albemarle County Code, whichever comes first, the OWNER
may request that the COUNTY record a release of this Agreement.
ARTICLE 9: GENERAL
9.1 Modifications: This Agreement or any part thereof may not be modified, except by written
agreement of the parties signed by the duly authorized officers of the parties.
9.2 No waiver: Omission or delay by either party to this Agreement at any time to enforce any right or
remedy reserved to it, or to require performance of any of the terms of this Agreement, shall not
be a waiver of any right or remedy to which either party is entitled, and shall not in any way affect
the right of either party to enforce the provisions thereafter. However, this section shall not be
construed to be a waiver or a tolling of an applicable statute of limitations, or to prevent either
party from raising the statute of limitations as a defense in any proceeding.
9.3 Applicable law: This Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Virginia. The parties agree that proper venue, in the event of litigation
concerning this matter, shall be in Albemarle County, Virginia.
9.4 Severability: If any provisions of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity of all other provisions hereof shall in no way be affected thereby.
9.5 Successor and assignees: Neither party shall assign or transfer this Agreement or any of its
respective rights hereunder without the prior written permission of the other party.
9.6 Entire agreement: This Agreement constitutes the entire agreement between the parties and
supersedes all previous agreements and understandings relating to the work to be performed
under this Agreement.
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WITNESS the following signatures and seals in agreement with the above terms:
OWNER
By:___________________________
Christopher L. Davis
COUNTY OF ALBEMARLE, VIRGINIA
By:____________________________
Title:___________________________
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