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Board of Supervisors Meeting of October 6, 2004
October 13, 2004
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:00 a.m., by the
Chairman, Mr. Dorrier. All BOS members were
present. Also present were Bob Tucker, Larry
Davis and Ella Carey.
4. From the Public: Matters Not Listed on the Agenda.
• Mr. Mark Shore, Director of the Charlottesville-
Albemarle Visitors and Convention Bureau, said
they had almost 200 persons in attendance at
their recent annual tourism reception held on
Mt. Alto. He thanked the Board for allowing the
Visitors and Convention Bureau to create a new
Board, new funding formula and new contract.
He updated the Board on some of their
performance measures. He also informed the
Board about the new Birding Trail for Virginia
that opened for the entire state.
5. Farm Tour Announcement.
• Chairman read proclamation and presented
same to Marcia Joseph and Joan McDowell.
5a. Presentation: Police Re-Accreditation.
• Ernie O’Boyle, from the Virginia Law
Enforcement Professional Standards
Commission, recognized the Police Department
for maintaining its accreditation.
6.2 Proclamation recognizing October 2004 as Domestic
Violence Awareness Month.
• Chairman read proclamation and presented
same to Kimberly Flash and Tom Laux.
6.3 Proclamation recognizing October 2004 as Let’s Talk
Month (Family Sexuality Education Month).
• Since no one was present the Chairman said
he would present proclamation at later time.
6.4 Resolution authorizing the issuance of Industrial
Development Authority Revenue Bonds for the Thomas
Jefferson Foundation, Inc., in an amount not to exceed
$15,000,000.
• ADOPTED resolution.
Clerk: Forward signed resolution to
McGuire/Woods. (Attachment 1)
6.5 Greenway License Agreement with Route 240 Holdings,
LLC (Crozet Park to Lickinghole Greenway).
• APPROVED the proposed license agreement
and AUTHORIZED the County Executive to
sign the agreement on behalf of the County
after the agreement has been approved by the
County Attorney with any necessary changes.
County Attorney’s office: Forward copy of
signed agreement to Clerk’s office after signed
by all parties.
6.6 Greenway License Agreement with Daily property (Crozet
Park to Lickinghole Greenway).
• APPROVED the proposed license agreement
County Attorney’s office: Forward copy of
signed agreement to Clerk’s office after signed
by all parties.
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and AUTHORIZED the County Executive to
sign the agreement on behalf of the County
after the agreement has been approved by the
County Attorney with any necessary changes.
6.7 Deed of Easement Agreement with Rivanna Water and
Sewer Authority establishing County park at Lickinghole
Basin.
• APPROVED the proposed easement and
AUTHORIZED the County Executive to sign the
deed of easement on behalf of the County after
the deed has been approved by the County
Attorney with any necessary changes.
County Attorney’s office: Forward copy of
signed document to Clerk’s office after signed
by all parties.
6.8 Albemarle County’s Priorities for Primary Road System
Improvements.
• APPROVED the recommended priorities for
the primary road system improvements
• Mr. Rooker asked staff to consider making an
Enhancement Grant application next year to
widen the shoulders on Garth Road for a bicycle
lane.
Juan Wade/David Benish: Forward statement
to VDOT and consider request made by Mr.
Rooker. (Attachment 2)
6.9 Resolution to accept Rosedell Lane (Route 1663) in
Rosemont Subdivision into the State Secondary System
of Highways.
• ADOPTED resolution.
Clerk: Forward signed resolution and SR-5A
form to Pam Shifflett in Community Department.
(Attachment 3)
6.10 Resolution to accept Little Fox Lane (Route 1266) in Cory
Farm Subdivision into the State Secondary System of
Highways.
• ADOPTED resolution.
Clerk: Forward signed resolution and SR-5A
form to Pam Shifflett in Community Department.
(Attachment 4)
6.11 Resolution to accept roads in Keswick Farms
Subdivision, Phase 1 and 2, into the State Secondary
System of Highways.
• ADOPTED resolution.
Clerk: Forward signed resolution and SR-5A
form to Pam Shifflett in Community Department.
(Attachment 5)
7a. Reallocation of Secondary Road Funds for Route
29 North Corridor/Northern Development Areas
Transportation Study.
• ADOPTED resolution authorizing reallocation in
current Secondary System Construction
Program of $300,000 from Meadow Creek
Parkway Phase II (Northern Free State Road)
Project R000-002-253,PE101, to the 29 North
Corridor/Northern Development Areas
Transportation Study.
Clerk: Forward signed resolution to Juan Wade
for distribution to VDOT and appropriate
persons. (Attachment 6)
7b.
Criteria Utilized to Rank Secondary Roads
(continued from September 1, 2004).
• Update provided; staff to provide proposed
revisions to the Board at the November 3rd
meeting.
Juan Wade/David Benish: Provide information
for November 3rd.
7c. Pb Hrg to consider resolution endorsing The
Downtown Crozet Streetscape Project for TEA-21
Enhancement Grant application.
• ADOPTED resolution.
Clerk: Forward adopted resolution to Juan
Wade for distribution to VDOT and other
appropriate persons. (Attachment 7)
7d. Transportation Matters not Listed on the Agenda.
Brent Sprinkel
• Provided Board members with an update on
Clerk: Forward comments to Mr. Brent.
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bridges in Albemarle County.
David Wyant
• Said he is scheduled to look at some issues
around the County with Teresa Butler.
Sally Thomas
• Asked what construction is occurring with
regard to the Tilman Road intersection. Mr.
Brent replied that within the next two weeks the
larger stop signs and other signage should be
installed.
• Thanked VDOT for time and effort spent
cleaning up after the recent hurricanes.
• Received word that there is nothing legislative
needed to let local businesses who want to
adopt a highway put a logo on VDOT signs.
Dennis Rooker
• Previously mentioned removal of grass growing
in the sidewalks along Hydraulic Road and
Commonwealth Drive. He would appreciate
someone taking a look at this.
• Mentioned prior communication regarding
removal of signs by private interests in VDOT’s
rights-of-way. Since VDOT has the authority to
remove these signs, he asked if staff could be
reminded to remove them. Chuck Proctor
indicated that VDOT does periodically go out
and remove these signs.
• Asked the Board to authorize the County
Attorney to meet with the City Attorney to work
out a legislative proposal enabling the County
and the City to form a joint Transportation
Service District and bring the proposal back to
the Board for consideration. Following some
discussion, it was agreed to include this item on
the November 3rd agenda for discussion.
Lindsay Dorrier
• Asked VDOT to look at installing signage or
flashing lights to indicate the left turn onto
Route 708 for Walton Middle School from Route
20 South. When cars travel north, they are
stopped and backed up on a curve.
County Attorney: Provide information for
November 3rd Board discussion.
8. Rural Areas Fire/Rescue Staffing Standards.
• SUPPORTED revising County policy to change
the staffing standard for rural areas to ensure
coverage 12 hours per day, 5 days per week, to
apply to all stations that have career staffing,
and allocating the necessary funds to
accomplish this for the fiscal year.
Dan Eggleston: Proceed as approved.
9. MACAA Presentation, Noah Schwartz. Executive
Director.
• RECEIVED.
10. Citizen Survey Results.
• RECEIVED.
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11. End-of-Year 2003-04 Financial RepoRoute
• RECEIVED.
• SUGGESTED that the TJPDC legislative
program be modified to include a request that
the General Assembly fully fund reimbursement
of the car tax (PPTRA) to localities.
12. Pb Hrg on Proposed FY 2004 Budget Amendment.
• APPROVED the FY 2004 budget amendment
in the amount of $912,218.35 and APPROVED
Appropriations #2004090, #2004091, #2004092
and #2004093 to provide funds for various
General Government and School programs.
Clerk: Forward signed appropriation forms to
Finance and copy appropriate individuals.
13. Pb Hrg on Proposed FY 2005 Budget Amendment.
• APPROVED the FY 2005 budget amendment
in the amount of $31,595,990.45 and
APPROVED Appropriations #2005010,
#2005011, #2005012, #2005013, #2005014,
#2005015, #2005016, #2005017, #2005018,
#2005019, #2005020, #2005021 and #2005022
to provide funds for various General
Government, School and Capital programs.
Clerk: Forward signed appropriation forms to
Finance and copy appropriate individuals.
14. Pb Hrg to consider adoption of Ordinance to amend
Albemarle County Code Appendix A.1, Acquisition
of Conservation Easements (ACE) Program by
amending Section A.1-108, Ranking Criteria, and
Section A.1-111, Purchase of Conservation
Easement.
• ADOPTED the ordinance.
Clerk: Forward copy of adopted ordinance to
County Attorney office and Ches Goodall in
Community Development. (Attachment 8)
15. Pb Hrg to consider granting temporary and
perpetual sanitary sewer line easements across
Tax Map 91 Parcel 8B (Route 20 South).
• APPROVED the proposed easement with the
additional changes recommended by the
County Engineer and AUTHORIZED the
County Executive to sign the deed of easement
on behalf of the County after the deed has been
approved by the County Attorney with the
necessary changes.
County Attorney’s office: Provide Clerk with
copy of deed after signed by all necessary
parties.
16. Update - Comprehensive Revision of the
Subdivision Ordinance (STA-2001-08).
• Updated; final work session scheduled to be
held in November.
Clerk: Schedule on agenda when ready to
come back to the Board.
17. Closed Session: Personnel and Legal Matters.
• At 12:40 p.m., the Board went into closed
session.
18. Certify Closed Session.
• At 2:10 p.m., the Board reconvened into open
session and certified the closed session.
19. Appointments.
• APPOINTED Tony Alexander to the Regional
Disability Services Board with said term to
expire June 30, 2007.
• APPOINTED Joanne Mahanes to the
Clerk: Prepare appointment letters for
Chairman’s signature and update Boards and
Commissions book.
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Workforce Investment Board, to replace Rob
Harrison, with said term to expire June 30,
2007.
20. Parks & Recreation Consultants RepoRoute
• RECEIVED. Asked for costs for indoor
swimming facilities. Consensus that additional
work session be scheduled.
Clerk: Provide Board members with copy of
PowerPoint presentation. Schedule work
session on agenda when ready to come back to
Board.
21. ZMA-2003-05. The Meadows Expansion
Amendment (Sign #57).
• APPROVED ZMA-2003-05, by a vote of 6:0, as
proffered.
Clerk: Set out proffers. (Attachment 9)
22. SP-2004-00028. Snow’s Rental Units (Sign #69).
• APPROVED SP-2004-00028, by a vote of 6:0,
subject to the six conditions recommended by
the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 9)
23. SP-2004-00039. ALLTEL/Keswick II (Signs
#43&55).
APPROVED SP-2004-00028, by a vote of 5:1,
subject to the 12 conditions recommended by the
Planning Commission and amended at the Board
meeting.
Clerk: Set out conditions of approval.
(Attachment 9)
24. Work Session: Albemarle County Service Authority
Jurisdictional Area Boundaries/Rural Area Policy.
• HELD. Consensus that staff bring back criteria
for Item #4 (Remove only certain geographic
areas of Rural Area from the ACSAJA) as an
option for amending the Jurisdictional Areas
located in the Rural Area.
David Benish: Proceed as discussed.
25. Rural Areas Comprehensive Plan Amendment
(CPA-2003-006).
• HELD. Next work session scheduled for
November 3rd.
Clerk: Schedule on agenda.
26. North Pointe Rezoning.
• HELD. Schedule additional work session in
November.
Clerk: Schedule on agenda.
27. From the Board: Matters Not Listed on the Agenda.
• APPOINTED Lindsay Dorrier as the Voting
Delegate and Sally Thomas as the Alternate
Delegate for the 2004 Annual Business Meeting
of the Virginia Association of Counties.
• ADOPTED a resolution authorizing the
acquisition of property for courthouse facilities
and related offices.
Sally Thomas:
• The keelboat will be launched on the Rivanna
River on October 23, 2:00 p.m., at Darden
Towe Park. A representative from the US Mint
will be present and will be handing out the new
nickels.
29. Adjourn to October 13 at 3:00 P.M.
• At 6:15 p.m., the Board adjourned until October
13, for a work session.
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/ewc
Attachment 1 – IDA Resolution for Thomas Jefferson Foundation, Inc.
Attachment 2 – Priorities for Primary Road System Improvements
Attachment 3 – Resolution – Rosemont Subdivision
Attachment 4 – Resolution – Cory Farm Subdivision
Attachment 5 – Resolution – Keswick Farms Subdivision, Phases 1 and 2
Attachment 6 – Resolution – Reallocation of Secondary Road Funds
Attachment 7 – Resolution – TEA-21 Enhancement Grant application
Attachment 8 – Ordinance – ACE
Attachment 9 – Conditions of Approval
Attachment 10 – Resolution Authorizing Acquisition of Property
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ATTACHMENT 1
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia (“Authority”), has
considered the application of Thomas Jefferson Foundation, Inc. (the “Foundation”) requesting the
issuance of the Authority’s revenue bonds in an amount not to exceed $15,000,000 (“Bonds”) to assist
the Foundation, or an entity related to the Foundation, in financing the acquisition of approximately 330
acres of land in Albemarle County adjacent to Monticello and commonly known as Brown’s Mountain
(“Project”), and has held a public hearing on September 14, 2004;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”)
provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over
the area in which any facility financed with the proceeds of private activity bonds is located must approve
the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the of the County of Albemarle, Virginia
(“County”); the Project is to be located in the County and the Board of Supervisors of the County of
Albemarle, Virginia (“Board”) constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds;
and
WHEREAS, a copy of the Authority’s resolution approving the issuance of the Bonds, subject to
the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been
filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Foundation,
as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950,
as amended (“Virginia Code”) to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective
purchaser of the Bonds of the creditworthiness of the Project or the Foundation.
3. This resolution shall take effect immediately upon its adoption.
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ATTACHMENT 2
VIRGINIA DEPARTMENT OF TRANSPORTATION RE-ALLOCATION FOR THE INTERSTATE, PRIMARY, AND
URBAN SYSTEMS, AND FOR MASS TRANSIT
RECOMMENDED ALBEMARLE COUNTY PRIORITIES SEPTEMBER 29, 2004
The following addresses Albemarle County’s priorities for each allocation of TEA21 and each sub-
allocation of the Surface Transportation Program (STP) funds.
Surface Transportation Program (STP)
Standard Projects:
The following projects, listed in priority order, are eligible for STP funds. The County supports these
projects as referenced.
1) Undertake those projects in the Charlottesville Albemarle Regional Transportation Study
(CHART) – UnJam 2025 (adopted May 3, 2004) projects eligible for the primary program in the
sequence as called for in the February 2, 1992 joint resolution between the City, County and
University and agreed to by VDOT. These include:
Route 29 North. The US Route 29 North corridor has been the focal point of interest,
discussion and debate in the Charlottesville area for many years. Numerous and varied
transportation improvements have been proposed and/or funded over the years. This
highly urbanized area continues to grow and transportation system improvement needs
increase. The County, City, VDOT and the MPO have completed Phase I of the 29H250
(US 29 – Hydraulic – 250 Bypass Intersection Study) and the Draft Executive Summary
for 29H250 Phase II is now complete. The County requests that VDOT plan for the
funding of the 29H250 Phase II Option B design recommendations. The County
appreciates this continued VDOT and Commonwealth Transportation Board support of
these initiatives. Somewhat concurrently, development proposals in the Route 29 corridor
have proffered to help fund a more complete study of the corridor. The County, in
coordination with the MPO, will utilize these and other County funds and anticipated
VDOT funds to study the concept/alignment of this road as part of a larger transportation
network study for the County’s Northern Development Areas from the City limits to the
Greene County line. The transportation component of this study includes Phase III of the
29H250 Study. This study will establish a series of network transportation improvements
that will support the Northern Development Areas and the Route 29 Corridors needs.
Other projects listed in CHART in the northern study area must be actively pursued and
completed. These projects include Airport Road improvements (now under construction),
the Hillsdale Drive Extension Project (currently under study) and Berkmar Drive Extended
(recommended in CHART). Also, while funding has previously been dropped for Route
29 improvements north of the South Fork Rivanna River, transportation system
improvements as identified by the County in its Comprehensive Plan (Attachment B) are
imperative to this area. Specifically, the County now requests funding for a third lane
north and southbound on Route 29 from the South Fork Rivanna River to north of its
intersection with Hollymead Drive. These improvements would tie into a third lane to be
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constructed in each direction along Route 29 up to Airport Road as part of major land
development projects at the Hollymead Town Center. This section of Route 29 is already
congested and new development in accord with the Comprehensive Plan will add to this
condition. There are significant peaks and valleys in Route 29 through this area that
create an existing dangerous condition and this will only worsen as traffic increases. This
section of road already experiences a high level of vehicle accidents, particularly in the
area of Forest Lakes South. Completion of this section would essentially complete the
three phases of improvements to Route 29 from Hydraulic Road to Airport Road that
were originally programmed in the Six-Year Plan in 1988. These and other
Comprehensive Plan transportation system recommendations envision future
development to be served by a transportation network that ultimately provides a complete
system of urban streets and supports walking and biking and comprehensively links all
land uses.
Meadow Creek Parkway from the Route 250 Bypass to Rio Road. The Parkway is the
County’s highest priority project after Route 29 North, and is of the utmost importance in
order to maintain an adequate level of service on Route 29 and to improve the overall
roadway system serving the urbanizing area north of the City. This project is being
funded in the County’s secondary program and has been approved by the
Commonwealth Transportation Board (CTB) as a low speed parkway in the City of
Charlottesville and the County. The County asks that this section be designed and built in
accord with the County’s design and alignment recommendations developed with the
assistance of an independent consultant and endorsed by resolution of the County Board
of Supervisors on June 20, 2001 (Attachment A) and approved by the CTB on December
18, 2001. This endorsed design and alignment emphasizes the parkway corridor’s
potential as a linear park and its relationship to the development of adjacent urban land.
The linear park concept is intended to replace McIntire Park land lost due to the project
and, at the same time, link McIntire Park to the Rivanna Trails Foundation trail along
Meadow Creek and the County’s urbanizing area along Rio Road. The County also
supports funding for preliminary engineering, right of way acquisition and construction of
the Meadow Creek Parkway interchange at its terminus with Route 250 in the City of
Charlottesville. This interchange is essential to the safe and acceptable future traffic
operation of this high volume intersection.
Northern Free State Road (formerly Meadow Creek Parkway Phase II) is being funded in
VDOT’s Six Year Secondary Road Plan for the county. The County now plans to study
the concept/alignment of this road as part of the previously noted larger transportation
network study for the County’s Northern Development Areas from the City limits to the
Greene County line (see Route 29 North section).
2) Complete preliminary engineering and undertake the widening of Route 20 South from I-64 to Mill
Creek Drive. Incorporate sidewalks and bike lane facilities into these improvements. This is a
curvy section of road in the County’s Urban Area that serves the traffic from Monticello High
School and has experienced several accidents with fatalities in recent years.
3) The County acknowledges the significance of Route 29 in Virginia and the multi-phased Corridor
Study completed recently. The County continues to go on record as not supporting a limited
access design for the Albemarle County section of the corridor. The County has provided VDOT
and CTB a resolution regarding this study which repeats the access management
recommendations of the Phase I Corridor Study (Attachment C).
4) The County supports the funding of the TransDominion Express and recommends that it be
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seriously considered as a multi-modal means to address the issues and recommendations
identified in the multi-phased Route 29 Corridor Study.
5) There are three areas of emphasis the County requests be addressed on Route 250:
A) Improve Route 250 west from Emmet Street to the Route 29/250 Bypass. This section is
covered by the joint Ivy Road Design Study conducted by the City, County and University
of Virginia and originally recognized for improvement in the Lewis Mountain
Neighborhood/University Heights (Area B) Study. The University of Virginia is currently
constructing a new basketball arena and parking facilities in this area that will likely
create additional traffic demands on Ivy Road. Any plans for the improvement of this
section of Route 250 West need to be coordinated between the City, County and
University.
B) The remaining portion of Route 250 West to Yancey Mills (the I-64/250 interchange) was
studied by VDOT with a local advisory committee to determine long term needs for this
road. The Board of Supervisors has rejected the study recommendations completed in
2000 and, passed a resolution supporting Route 250 West as a Scenic Virginia Byway
with significant historic, natural, and scenic qualities. The County instead recommends
maintaining the present two-lane configuration of the corridor with any short term or spot
improvements being as non-intrusive and consistent as possible with the special
character of this scenic by-way.
C) VDOT has completed a similar study of Route 250 East from Free Bridge to the Fluvanna
County line. This study’s findings have been presented to the Albemarle County Board of
Supervisors. This study has recently been re-submitted to the County for further
consideration and action. The County will consider the recommendations of this study as
part of the Neighborhood Planning process “Pantops Urban Area Neighborhood Master
Plan.”
6) Undertake improvements to Route 240 in Crozet in accord with recommendations from the
recently completed Crozet Master Plan.
7) Undertake the widening of Route 20 North from north of Route 250 East to the Elks
Drive/Fontana Drive intersection. Incorporate sidewalks and bike lane facilities into these
improvements. The County has also listed these improvements under “Safety” priorities.
8) Undertake improvements of Fontaine Avenue from Jefferson Park Avenue to its western terminus
due to the road’s current condition and future traffic associated with potential future development.
The County supports the recommendations identified by the Fontaine Avenue Task Force. The
City, County, and University are currently updating the Southern Area B Study. The County
requests VDOT fund the Study’s transportation recommendations of this study once completed
and adopted. Important road improvements are being considered in this new study, including a
road connecting the County’s Southern Urban Areas to the City and University (Fifth Street/
Sunset Road to JPA and/or Stadium Road).
9) Recognize that mass transit can relieve traffic congestion and is an alternative to road
construction, particularly in more densely developed urban areas, and shift funds from road
construction into mass transit to accomplish this.
Safety Improvements:
Several projects in the County seem to qualify under this 10% set-aside. They are, in priority order:
Construct pedestrian walkways along various primary routes within the County’s Urban
Neighborhoods. Absent the incorporation of such road walkways into full road
widening/improvement projects, the following road sections are priorities for pedestrian walkways:
1) Route 240 in “downtown” Crozet; 2) Route 20 South from the City line to Mill Creek Drive; 3)
along Route 250 East in the Pantops area as an extension to existing sidewalks; and 4) along
Route 250 West from the City limits to the Bypass.
The County has placed a high priority on pedestrian improvements in the Crozet area. The
County chose Crozet as the first community to be master planned based on the County’s adopted
Neighborhood Model. This was an eight month process that included active public participation
and identified the location of necessary sidewalks to make this a safe, walkable community that
can be a model of infill and smart growth in an historic village. The County received TEA21
funding in July 2004 for Phase I of the Crozet Streetscape Plan and continues to seek additional
funding to undertake needed improvements (see Enhancement Project section).
Reconfigure intersection and install traffic signals at the intersection of Routes 22 and 250.
Improvements to Route 250 West along the corridor in Ivy to address existing and short-term
traffic circulation problems, including access to developed properties in this area. Of particular
concern is the Tilman Road intersection (Route 676), which serves school bus traffic and has
poor sight distance. These improvements should be undertaken in accordance with
recommendations approved by the Board of Supervisors in the Route 250 West Corridor Study.
Improvements to the Route 240 underpass at the CSX Railroad tracks in Crozet.
Functional plans, including an analysis of possible safety improvements, for Routes 22 and 231.
The County remains concerned with overall public safety as it relates to traffic created by large
trucks along these road segments, and encourages VDOT to consider all appropriate measures
to ensure that trucks travel safely along these roadways in the future. The County has repeatedly
requested VDOT to restrict through trucks on Route 22 and Route 231.
Enhancement Projects:
This is a valuable funding source for which several projects appear to be eligible. Unfortunately funding
for new projects is not available this year. The County urges that funds be made available for new
pedestrian and bicycling projects. For the County, new projects, in priority order, are:
Pedestrian streetscape improvements in downtown Crozet. These streetscape improvements,
which were included in an Enhancement Grant submitted in January 2002 and June 2003,
include the relocation and burial of overhead utility wires, and construction of historically
compatible sidewalks. The County received TEA21 funding in July 2004 for Phase I of the Crozet
Streetscape Plan. The County will submit an application for Phase II in October 2004, which will
include replacing existing deteriorated curbs and sidewalk, constructing new sidewalks, and
installing other streetscape improvements (landscaping, plaza/bench, lights crosswalks, etc.)
along the southern section of Crozet Avenue near the intersections of Jarman’s Gap Road and
Tabor Street.
Construction of pedestrian walkways along Route 20 North. The sidewalks will connect low-cost
housing to shopping, to mixed-use area, and to newly extended bus line. The current conditions
are very unsafe.
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Beautification of entrance corridors (particularly Route 20, Route 29 and Route 250) and Airport
Road connecting Route 29 and the Charlottesville/Albemarle Airport – landscaping, signage,
placement of overhead utilities underground, etc.
Construction of bikeway facilities as prioritized in the Bicycle Plan for the City of Charlottesville
and Albemarle County (adopted by the Board of Supervisors as an element of the
Comprehensive Plan on July 17, 1991).
Development of portions of the Rivanna River Greenway path system.
Removal of non-conforming billboards.
National Highway System (NHS)
The Charlottesville-Albemarle MPO Policy Board approved the NHS as proposed by VDOT in this area
excluding the Route 29 Bypass. The Federal Highway Administration (FHWA) has approved the NHS,
which includes the existing Route 29, and the Route 29 Bypass. The County believes any projects that
are included in the NHS should reflect the recommendations that result from the previously referenced
transportation improvement study of the Route 29 North corridor area.
Congestion Mitigation and Air Quality Improvement Program
This does not apply to Albemarle County. The County is not in an area of non-attainment for ozone or
carbon monoxide.
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ATTACHMENT 3
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of October 2004, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Rosemont Subdivision, described on the attached Additions Form
SR-5(A) dated October 6, 2004, fully incorporated herein by reference, is shown on plats recorded in the
Clerk’s Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the road(s) in Rosemont Subdivision, as
described on the attached Additions Form SR-5(A) dated October 6, 2004, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * * * * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Rosedell Lane (State Route 1663) from the intersection of Route 1660 (Rosemont
Drive) to the cul-de-sac, as shown on plat recorded 05/19/2004 in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 2755, pages 311-314, with a 50-foot
right-of-way width, for a length of 0.10 mile.
Total Mileage - 0.10 mile.
13
ATTACHMENT 4
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of October 2004, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Cory Farm Subdivision, described on the attached Additions Form
SR-5(A) dated October 6, 2004, fully incorporated herein by reference, is shown on plats recorded in the
Clerk’s Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the road(s) in Cory Farm Subdivision, as
described on the attached Additions Form SR-5(A) dated October 6, 2004, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * * * * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Little Fox Lane (State Route 1266) from the intersection of Route 1260 (Cory Farm
Road) to the cul-de-sac, as shown on plat recorded 03/09/2000 in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 1597, pages 210-219, with a 50-foot
right-of-way width, for a length of 0.07 mile.
Total Mileage - 0.07 mile.
14
ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of October 2004, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Keswick Farms Subdivision, Phases 1 and 2, described on the
attached Additions Form SR-5(A) dated October 6, 2004, fully incorporated herein by reference, is shown
on plats recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the road(s) in Keswick Farms Subdivision,
Phases 1 and 2, as described on the attached Additions Form SR-5(A) dated October 6, 2004, to the
secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s
Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * * * * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Fox Hunt Drive (State Route 1056) from the intersection of Route 616 (Union Mill Road)
to the intersection of Vista Court (Route 1057), as shown on plat recorded 01/27/2000 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1890, page 0407,
with a 50-foot right-of-way width, for a length of 0.06 mile; and from the intersection of
Vista Court (Route 1057) to the cul-de-sac, as shown on plat recorded 01/27/2000 in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1890, page 0407, with
a 50-foot right-of-way width, for a length of 0.81 mile.
2) Vista Court (State Route 1057) from the intersection of Route 1056 (Fox Hunt Drive) to
the cul-de-sac, as shown on plat recorded 04/24/1997 in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 1607, page 147, with a 50-foot right-of-way
width, for a length of 0.11 mile.
Total Mileage - 0.98 mile.
15
ATTACHMENT 6
RESOLUTION
WHEREAS, the 29H250 Phase 1 and 2 Studies have identified alternative transportation
improvements and land use scenarios in City/County 29N/250 Bypass/Hydraulic Road/Barracks Road
area; and
WHEREAS, a third phase of the 29H250 Studies has been anticipated by the Metropolitan
Planning Organization (MPO), City of Charlottesville and Albemarle County to take place in the Route 29
corridor north from the Phase 1 and 2 study area to the Greene County line; and
WHEREAS, the regional CHART 2025 Plan has been under development and, in its final form,
recommends new construction projects and studies in this same area, including Berkmar Drive Extended,
Meadow Creek Parkway Phase I, Hillsdale Drive Extended and Northern Free State Road (location
study); and
WHEREAS, $1,552,051 in funding has accumulated in the County’s 6 Year Secondary System
Construction Program for study/preliminary engineering of Meadow Creek Parkway Phase II, which has
been re-designated in CHART and by the County as the Northern Free State Road; and
WHEREAS, Albemarle County has accumulated $300,000 in CIP and developer proffered
contributions for the study of regional transportation improvements in the Route 29 North corridor; and
WHEREAS, the County has selected the Northern Development Areas, the geographic area
within which the above-mentioned projects and studies would occur in the County, as the next area to be
master planned; and
WHEREAS, the critical interrelationship between land use and transportation makes the
coordination of land use and transportation study efforts essential; and
WHEREAS, the timing of the Route 29 Corridor Phase III Study and the Northern Development
Areas Master Plan creates an opportunity to combine the two study efforts to accomplish a
comprehensive analysis and set of findings and recommendations for future land use and transportation
system development in the northern Development Areas of the County; and
WHEREAS, the overall project will integrate transportation planning, modeling, analysis, and
design concepts for both the primary system’s Route 29 North Corridor and the surrounding secondary
road system; and
WHEREAS, locations for the CHART proposed Berkmar Drive Extended and redefinition of the
purpose, intent and feasibility of Meadow Creek Parkway Phase II, now known as the Northern Free
State Road, as well as Route 29 corridor and other transportation improvements can be identified that are
complimentary with land use proposals for the study area; and
WHEREAS, funding of this study supports the ultimate construction of portions of the secondary
road network as well as the primary Route 29 North corridor; and
WHEREAS, there is not currently full funding of the transportation system component that would
be realized through the Corridor Study; and
WHEREAS, it has been determined that $300,000 should be re-allocated from existing funds in
Meadow Creek Parkway Phase II (now Northern Free State Road) to this 29 North Corridor/Northern
Development Areas Transportation Study.
NOW, THEREFORE, BE IT RESOLVED, this Board requests re-allocation in the current
Secondary System Construction Program of $300,000 from Meadow Creek Parkway Phase II (Northern
16
Free State Road), Project R000-002-253,PE101, to the 29 North Corridor/Northern Development Areas
Transportation Study.
17
ATTACHMENT 7
RESOLUTION
WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation
procedure for a TEA21 Enhancement Grant application, it is necessary that a request by resolution be
received from the Board of Supervisors in order for the Virginia Department of Transportation to approve
an enhancement project in the County of Albemarle;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County,
Virginia, hereby requests the Commonwealth Transportation Board to fund the Historic Crozet
Streetscape Enhancement Project; and
BE IT FURTHER, RESOLVED, that the Board of Supervisors hereby agrees to pay a minimum of
twenty (20) percent of the total cost of this project, and that if the County of Albemarle subsequently
elects to cancel this project, it agrees to reimburse the Virginia Department of Transportation for the total
amount of the cost expended by the Department up to the date the Department is notified of such
cancellation.
18
ATTACHMENT 8
ORDINANCE NO. 04-A.1(1)
AN ORDINANCE TO AMEND APPENDIX A.1, ACQUISITION OF CONSERVATION EASEMENTS
PROGRAM, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Appendix A.1,
Acquisition of Conservation Easements Program, of the Code of the County of Albemarle is amended as
follows:
By Amending:
Sec. A.1-108 Ranking criteria.
Sec. A.1-111 Purchase of conservation easement.
APPENDIX A.1
Acquisition of Conservation Easements Program
Sec. A.1-108. Ranking criteria.
In order to effectuate the purposes of the ACE program, parcels for which conservation easement
applications have been received shall be ranked according to the criteria and the point values assigned
as provided below. Points shall be rounded to the first decimal.
A. Open-space resources.
1. The parcel adjoins an existing permanent conservation easement, a
national, state or local park, or other permanently protected open-space: two (2) points, with one
additional (1) point for every five hundred (500) feet of shared boundary; or the parcel is within one-
quarter (1/4) mile, but not adjoining, an existing permanent conservation easement, a national, state or
local park, or other permanently protected open-space: two (2) points,
2. Size of the parcel: one (1) point for each fifty (50) acres.
B. Threat of conversion to developed use.
1. The parcel is threatened with forced sale: five (5) points.
2. The parcel is threatened with other hardship: three (3) points.
3. The number of division rights to be eliminated on the parcel: one-half (1/2) point
for each division right to be eliminated, which shall be determined by subtracting the number of retained
division rights from the number of division rights.
C. Natural, cultural and scenic resources.
1. Mountain protection: one (1) point for each twenty (20) acres within a ridge area
boundary. For purposes of this section, the term “ridge area boundary” means the area that lies within
one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation
maps.
19
2. Working family farm, including forestry: five (5) points if at least one family
member’s principal occupation and income (more than half) is farming or foresting the parcel; three (3)
points if at least one family member produces farm products derived from the parcel.
20
3. The parcel adjoins a road designated either as a Virginia scenic highway or
byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two
(2) points, with one (1) additional point for each six hundred (600) feet of road frontage; the parcel adjoins
a public road: two (2) points, with one (1) additional point for each one thousand (1000) feet of road
frontage; or, the parcel is substantially visible from, but is not contiguous to, a public road designated
either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter
18 of the Albemarle County Code: two (2) points.
4. The parcel contains historic resources: three (3) points if it is within a national or
state rural historic district or is subject to a permanent easement protecting a historic resource; two (2)
points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for
Monticello and in the possession of the county; two (2) points if the parcel contains artifacts or a site of
archaeological or architectural significance as determined by a qualified archaeologist or architectural
historian under the United States Department of Interior’s professional qualification standards.
5. The parcel contains an occurrence listed on the state natural heritage inventory:
five (5) points; or the parcel is within one-quarter (1/4) mile of an occurrence list on the State Natural
Heritage Inventory: two (2) points.
6. The parcel contains capability class I, II or III soils (“prime soils”) for agricultural
lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service
classifications found in the United States Department of Agriculture Soil Survey of Albemarle County,
Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) points.
7. The parcel is within the South Fork Rivanna Reservoir Watershed, the Chris
Greene Lake Watershed, or the Totier Creek Reservoir Watershed: three (3) points; or the parcel adjoins
the Ivy Creek, Mechums River, Moormans River, Rocky Creek (of the Moormans River), Wards Creek (of
the Moormans River), Buck Mountain Creek, South Fork Rivanna River, North Fork Rivanna River, Swift
Run (of the North Fork Rivanna River), Lynch River (of the North Fork Rivanna River, Rivanna River,
Hardware River, Rockfish River, James River, any waters designated as “Exceptional Waters” by the
Virginia Water Control Board, any public water supply reservoir or emergency water supply reservoir:
one-half (1/2) point for each one thousand (1000) feet of frontage.
8. The parcel adjoins a waterway designated as a state scenic river: one-half
(1/2) point for each one thousand (1000) feet of frontage.
9. The parcel is subject to a permanent easement whose primary purpose is to
establish or maintain forest buffers adjoining perennial or intermittent streams, as those terms are defined
in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) feet of buffer
that is between thirty-five (35) and fifty (50) feet wide; one and one-half (1½) points for each one
thousand (1000) feet of buffer that is greater than fifty (50) feet but not more than one hundred (100) feet
wide; two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100)
feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent
easement, then the above-referenced points may also be awarded.
10. The parcel is within a sensitive groundwater recharging area identified in a
county-sponsored groundwater study: one (1) point.
11. The parcel is within an agricultural and forestall district: two (2) points.
D. County fund leveraging. State, federal or private funding identified to leverage
the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price
for which those funds can be applied.
(Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02)
21
Sec. A.1-111. Purchase of conservation easement.
Each conservation easement shall be purchased as follows:
A. Identification of initial pool. From the list of applications received under section A.1-
110(D), the board of supervisors shall designate the initial pool of parcels identified for conservation
easements to be purchased. The purchase price may be supplemented by non-county funding. The size
of the pool shall be based upon the funds available for easement purchases in the current fiscal year and
the purchase price of each conservation easement in the pool established under section A.1-111(B).
B. Determining purchase price. The purchase price of a conservation easement shall be
calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in
the table below. The average annual adjusted gross income shall be determined as follows:
1. Single individual. If the parcel is owned by a single owner of record who is a
natural person (an “individual”), the average annual adjusted gross income shall be the average of that
individual’s federal adjusted gross income for the three (3) preceding tax years. For purposes of this
calculation, the federal adjusted gross income of a spouse (provided that the individual and the spouse
file joint returns) or dependent child (provided that the child is claimed on the individual’s federal income
tax return) of an individual shall be included in that individual’s federal adjusted gross income.
2. Multiple individuals, C-corporations having ten or fewer shareholders, S-
corporations, partnerships, limited liability companies, trusts, or estates. If the parcel is owned by more
than one owner of record who is an individual or is owned by a C-corporation having ten (10) or fewer
shareholders, S-corporation, partnership, limited liability company, trust, estate (an “entity”) or any
combination thereof, the average annual adjusted gross income shall be based on a weighted average of
federal adjusted gross income for the three (3) preceding tax years. The weighted average for each tax
year shall be calculated by multiplying each individual’s respective percentage ownership interest in the
parcel or in the entity by that person’s federal adjusted gross income, and then adding together the
results. For purposes of this calculation, the federal adjusted gross income of a spouse (provided that the
individual and the spouse file joint returns) or dependent child (provided that the child is claimed on the
individual’s federal income tax return) of an individual shall be included in that individual’s federal
adjusted gross income.
3. C-corporations having more than ten shareholders and other entities not
identified in subsection 2. If the parcel is owned by a C-corporation having more than ten (10)
shareholders or another entity not identified in subsection 2, the average annual adjusted gross income
shall be the average of that C-corporation’s or other entity’s federal adjusted gross income for the three
(3) preceding tax years.
Average Annual Adjusted Gross Income Percentage of Appraised Value
$0 - $55,000 100%
$55,001 -$65,000 94%
$65,001 - $75,000 88%
$75,001 - $85,000 82%
$85,001 - $95,000 76%
$95,001 - $105,000 70%
$105,001 - $115,000 64%
$115,001 - $125,000 58%
$125,001 - $135,000 52%
$135,001 - $145,000 46%
$145,001 - $155,000 40%
$155,001 - $165,000 34%
$165,001 - $175,000 28%
$175,001 - $185,000 22%
$185,001 - $195,000 16%
$195,001 - $205,000 10%
22
Average Annual Adjusted Gross Income Percentage of Appraised Value
$205,001 or more 4%
C. Invitation to offer to sell. The board shall invite the owner of each parcel included in the
initial pool to submit an offer to sell to the county a conservation easement on that parcel for the purchase
price, and/or to donate to the county the balance of the fair market value of the conservation easement,
subject to the terms and conditions of a proposed deed of easement. The purchase price shall not be
subject to negotiation. The invitation shall be in writing and shall include the purchase price, the
proposed deed of easement, and the date by which a written offer must be received by the program
administrator in order for it to be considered. The invitation also may include a form offer to be returned
by the owner if the owner desires to offer to sell a conservation easement.
D. Offer to sell. Each owner who desires to sell and/or donate a conservation easement
shall submit a written offer that must be received by the program administrator by the date contained in
the invitation to offer to sell. The offer should include a statement substantially stating the following: “(The
owner) offers to sell and/or donate a conservation easement to the County of Albemarle, Virginia for the
sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement
enclosed with the invitation to offer to sell.” Nothing in this appendix shall compel an owner to submit an
offer to sell.
E. Acceptance. An offer to sell a conservation easement shall be accepted by the board of
supervisors only in writing, and only following an action by the board authorizing acceptance. An offer
shall not be accepted by the board if the proposed easement would be inconsistent with the policies and
goals of the comprehensive plan at the time the offer is received. Nothing in this appendix requires the
board to accept an offer to sell a conservation easement.
F. Easement established. A conservation easement shall be established when the owner
and an authorized representative of the holder of the easement have each signed the deed of easement.
The deed shall be recorded in the office of the clerk of the circuit court of the County of Albemarle. A
single conservation easement may be established for more than one parcel under the same ownership.
G. Offers not made; offers not accepted; invitation to other owners. If an owner invited to
submit an offer elects not to do so, or if his offer to sell is not accepted by the board of supervisors, then
the board shall send an invitation to offer to sell to the owner of the next highest ranked parcel remaining
on the list of parcels identified in section A.1-110(E).
H. Costs. If the board of supervisors accepts an offer to sell, the county shall pay all costs,
including environmental site assessments, surveys, recording costs, grantor’s tax, if any, and other
charges associated with closing. Provided, however, the county shall not pay fees incurred for
independent appraisals, legal, financial, or other advice, or fees in connection with the release and
subordination of liens to the easement purchased by the county.
I. Reapplication. An owner who fails to submit an offer to sell or whose offer to sell was not
accepted may reapply in any future year.
(Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02)
23
ATTACHMENT 9
Conditions of Approval
ZMA-2003-05. The Meadows Expansion Amendment (Sign #57). Request to rezone 26.843
acs from PRD to PRD to allow addition of 40 new dwelling units at The Meadows residential community.
TM 56, Ps 14C&14C1. Loc on Rt 240 (Crozet Ave), approx 1/4 ml N of intersec of Crozet Ave & Rt 250W
(Rockfish Gap Turnpike). (The 1996 Comp Plan, Land Use Plan designates this property as
Neighborhood Density Residential [3.01-6 du/ac] in the Community of Crozet. White Hall Dist.
PROFFER FORM
Date: October 6, 2004
ZMA #2003-005
Tax Map and Parcels Number(s) 56-14C & 14C1
26.843 acres to be rezoned from PRD allowing 40 dwelling units to PRD allowing 96 dwelling
units.
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 properly, 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. The proffers apply to rezoning and the Application Plan prepared by
Brian P. Smith, P.E. and dated September 29, 2004.
1) Maximum Units. The maximum number of residential units is ninety-six.
2) Occupancy. Occupancy shall be limited to persons aged sixty-two years or older, low and
moderate income elderly and/or disabled persons who qualify as such under regulations
established by the United States Department of Housing and Urban Development. A husband
and wife occupying a dwelling unit shall be qualified occupants provided that one of the spouses
is at least sixty-two years old.
3) Walking Path. The walking path (identified on the Application Plan as "Proposed Walking Path")
shall be located as shown on the Application Plan and shall be shown on every subdivision plat or
site plan. The path shall be no less than five feel in width, except where existing landscaping or
utilities prevent the full five foot width. The subsurface shall be four inches of crashed stone and
the surface shall be asphalt, prime and seal, recycled pavement, crusted stone, or any other hard
surface approved by the Courtly Engineer.
4) Temporary Construction Easement. The Owner shall reserve that area identified on the
Application Plan as "20’ Wide Temporary Construction Easement…” Upon the request of the
County, the Owner shall grant to the County a twenty-foot wide temporary construction easement
in the location shown on the Application Plan to facilitate the construction of a street on Tax Map
56 Parcel 17A connecting Crozet Avenue to the Old Trail Subdivision. This proffer and the
Owner’s grant of this easement shall be conditional upon the County agreeing in the deed of
easement to restore as nearly as possible the premises within the easement to their original
condition by backfilling trenches, replacing fences, trees and shrubbery, and reseeding or
restoring groundcover, provided that the County shall not be required to replace or replace any
structures within the easement. If the County does not request the temporary construction
easement within ten years of the date of approval of ZMA 2003-005, this proffer shall expire and
the lands shall thereafter not be subject to this reservation.
5) Land Disturbance. Land disturbance shall be limited to those areas where a structure, utility,
driveway, street, parking area or other such improvements are shown on file application plan.
Additional disturbance may take place ff the agent finds that the location, design, construction,
and maintenance of these improvements will have the minimum environmental impact on the
24
area and yet allow the improvements to adequately serve the project. The site plan shall include a
Tree Conservation Plan as described on Section 32.7.9.4(b) of the Zoning Ordinance. The tree
preservation area shall be shown on the site plan.
(Signed) Jordan Development Corporation
By Forest W. Kerns, President ________________________ Sept. 29,
2004
Signatures of All Owners Printed Names of All Owners Date
__________
SP-2004-00028. Snow’s Rental Units (Sign #69). Request to establish contractor’s outdoor
storage on TM 90, P 35. This property consists of approx 8.167 acs. Znd LI & EC. Outdoor storage &
display in the EC requires SUP in accord w/provisions of Sec 30.6.3.2(b) of the Zoning Ord. The Loc on E
side of Rt 742 (Avon St) opposite Mill Creek S. Scottsville Dist.
1. The site shall be developed in general accord with the plans entitled “Snows Storage Yard”
revision date of 7/23/04 by David Wyant, P.E.;
2. The height of stored items shall be limited to eight (8) feet in the front row of storage areas (the
row closest to Avon Street) and in the southernmost storage area in the back row as delineated
on the plan;
3. Eight (8) foot high solid wood fencing of a design that meets Architectural Review Board (ARB)
approval shall be used as delineated on the plan for the north and south perimeters of the front
row of storage yards, the portions of fencing that connect storage yards in the front row, and the
southern side of the southernmost storage yard in the back row;
4. Chain link fence shall not be visible from the Entrance Corridor (EC). Chain link fence may only
be used following ARB confirmation that such fencing will not be visible from the EC;
5. The landscape plan shall be subject to ARB review and approval; and
6. The ARB shall issue a Certificate of Appropriateness prior to final site plan approval.
__________
SP-2004-00039. ALLTEL/Keswick II (Signs #43&55). Request to allow 3 flush-mounted
antennas to be mounted to existing self-supporting tower & three equipment shelters in accord w/Sec
[10.2.2.6] of the Zoning Ord which allows microwave & radio-wave transmission & relay towers in the RA
Dist. TM 94, P 41A1. Znd RA & EC. Loc on Rt 250E (4460 Richmond Rd) near Boyd Tavern, just W of
where Richmond Rd & Rt 794 (Three Chopt Rd) intersect. Scottsville 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, all work shall be done in general accord with that described in the applicant’s request
and site construction plans, entitled “Alltel (Keswick II)”, dated June 14, 2004 and provided in this staff
report with Attachment A;
2. The tower shall not be increased in height;
3. The additional array of panel antennas may be attached only as follows:
a. All equipment attached to the tower shall be painted to match the color of the tower. The cables
extending from the ground equipment may remain black;
b. The antennas shall be sized as shown on the construction plans; and
c. In no case shall the distance between the face of the tower structure and the faces of the
antennas be more than twelve (12) inches.
4. The applicant shall modify the existing fence located on the east side of the site adjacent to Tax Map
94, Parcel 39, to provide adequate screening to the satisfaction of the staff or in the alternative
provide adequate vegetative screening to the satisfaction of staff on the adjacent parcel;
5. With the exception of any safety lighting required by Federal Aviation Administration regulations, no
lighting shall be permitted for this the facility, 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;
6. No existing trees within two hundred (200) feet of the facility shall be removed;
25
Prior to the issuance of a building permit, the following requirements shall be met:
7. Revise the title on the construction plans to include the name of the owner of the subject property;
8. 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, Community Development staff shall review
the revised plans to ensure that all appropriate conditions of the special use permit have been
addressed;
9. This facility shall be designed, installed and maintained in accordance with any additional conditions
and requirements established by the Architectural Review Board through the issuance of a Certificate
of Appropriateness;
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
10. The applicant, or any subsequent owners of the tower, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service provider
that use the facilities attached to the tower, including a drawing indicating which antennas and
equipment are associated with each provider;
11. 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; and
12. This special use permit must be amended to allow any of the four existing arrays of panel antennas to
be:
a. relocated on the structure;
b. modified to increase the number or size of panel antennas; or,
c. modified to increase the distance of the panel antennas from the structure.
26
ATTACHMENT 10
RESOLUTION TO AUTHORIZE
ACQUISITION OF PROPERTY
WHEREAS, the County of Albemarle and the City of Charlottesville desire to acquire certain
properties within the City for the purpose of providing public space for court house facilities and related
offices; and
WHEREAS, agreements for the acquisition of properties have been negotiated and presented to
the Board of Supervisors for its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
authorizes the County Executive to execute the following Agreements and all other documents necessary
to purchase or obtain lease hold interests in the following properties:
1. Agreement for Purchase and Sale of Real Property between Roy Wheeler Company, Inc.
and the City of Charlottesville and the County of Albemarle for a building and property located at 401 East
High Street in the City of Charlottesville;
2. Commercial Lease between Roy Wheeler Company, Inc. and the City of Charlottesville
and the County of Albemarle for a three month lease of a building and property located at 401 East High
Street in the City of Charlottesville;
3. Agreement for Purchase and Sale of Property between Joseph W. Richmond, Jr., in his
capacity as Executor of the Estate of Elizabeth B. Wheeler, and Mary Lou B Myrvik and Elizabeth R.
Crosby, as the sole residuary beneficiaries of the Estate of Elizabeth B. Wheeler, and the City of
Charlottesville and the County of Albemarle for an exclusive permanent easement over the rear portion of
the property located at 407 East High Street in the City of Charlottesville; and
4. Commercial Lease between Black Sheep Holdings and the City of Charlottesville and the
County of Albemarle for a portion of the building located at 421 Park Street in the City of Charlottesville.