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ACTIONS
Board of Supervisors Meeting of September 7, 2005
September 19, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:00 a.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis and Debi Moyers.
4. From the Public: Matters Not Listed on the Agenda.
• David Blount spoke about the development of
the regional legislative program. Legislative
luncheon with legislators will be November 21st.
• Charles Trachta spoke about hiring more police
officers given increased development in the
County.
5a. Recognition: Digital County Survey.
• Chairman recognized the County Web Team.
For the third year in a row, Albemarle County
has been named among the top ten most
technologically advanced and cutting edge
county governments in the U.S. by the Center
for Digital Government and the National
Association of Counties in their 2005 Digital
Counties Survey.
5b. Recognition: Family Support
• Chairman recognized the Department of Social
Services’ Family Support Program which has
been awarded a 2005 Achievement Award by
the Virginia Association of Counties (VACo),
which recognizes exemplary local government
programs.
6.2 Adopt resolution requesting VDOT to designate
Route 640 (Gilbert Station Road) from Route 784 to
Route 1094 (Ashleigh Way) as Rural Rustic Road.
• ADOPTED the attached resolution.
Clerk: Forward a copy of adopted resolution to
Juan Wade and VDOT.
(Attachment 1)
6.3 Revision to Personnel Policy – P-83 “Military
Leave”.
• ADOPTED the attached resolution.
Clerk: Forward copy of adopted resolution to
Human Resources.
(Attachment 2)
6.4 Resolution to Establish Policy for consideration of
requests for Tax Exempt Status by Designation.
• ADOPTED the attached resolution.
Clerk: Forward copy of signed resolution to
County Attorney’s Office and copy Finance
office.
(Attachment 3)
6.5 Requested 2005 Appropriations.
• APPROVED FY 2005 Appropriations
#2005065, #2005066, and #2005067.
Clerk: Forward signed appropriation forms to
Finance, OMB, and copy appropriate
individuals.
6.6 National Incident Management System (NIMS)
Resolution.
• ADOPTED the attached resolution.
Clerk: Forward copy of signed resolution to
County Attorney’s Office and copy Dan
Eggleston (Fire/Rescue) and Chief Miller
(Police Department).
(Attachment 4)
6.7 Resolution to accept road(s) in Fontana
Subdivision, Phase 1 and 2 into the Secondary
System of State Highways.
• ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 5)
6.8 Resolution to accept road(s) in The Quarries Clerk: Forward signed resolution to Greg
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Subdivision into the Secondary System of State
Highways.
• ADOPTED the attached resolution.
Cooley in Department of Community
Development.
(Attachment 6)
6.15 2005 Second Quarter Building Report as prepared
by the Community Development Department.
• ACCEPTED.
7. Board to Board Presentation, School Board
Chairman.
• RECEIVED.
8a. Route 250 West Task Force Request.
• DISCUSSED. CONSENSUS of the Board for
staff to meet with Planning Commission and
ARB to bring back more information before the
Board adopts a Resolution of Intent to amend
the zoning ordinance.
Mark Graham/Wayne Cilimberg/Amelia
McCulley: Proceed as directed.
8b. Albemarle County’s Priorities for Primary Road
System Improvements.
• APPROVED, as amended at Board meeting,
the attached priorities for primary road system
improvements.
David Benish: Proceed as directed in order to
provide recommendations to VDOT and CTB at
an upcoming Public Hearing on the VDOT Six
Year Primary Plan.
(Attachment 7)
8c. Other Transportation Matters.
Jim Utterback:
• Updated Board on status of Jarmans Gap Road
project.
• Updated Board on Georgetown Road project.
Will provide further information as he receives it
to Mr. Rooker.
• He has not received an update on the Route 29
South corridor.
• Spoke about maintenance of the concrete
islands.
• Updated the Board on Route 640, Gilbert
Station Road. VDOT finished the first portion
and crews will be back in the next couple of
weeks.
David Wyant:
• Thanked VDOT for line painting on Twenty-One
Curves Road (Old Garth Road).
• Asked about status of white lines on edge of
pavement on Garth Road.
• Mentioned the need for more patchwork on
Millington Bridge traveling from Free Union
towards White Hall. There are some bad ruts at
the end.
• Asked about VDOT picking up carcasses on the
side of road.
• Asked VDOT to look at the curve near Mt.
Moriah Church in Whitehall. Several accidents
have occurred in the area.
Sally Thomas:
• Emailed Mr. Utterback a list of items. Would
like to have a discussion next month on some
of those items including Johnson Grass.
Dennis Rooker:
• He has had several citizens complain to him
about the poor grounds maintenance on the
ramp areas off the Route 250 By-Pass at Ivy
Road.
Clerk: Forward comments to VDOT.
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• Solomon Road is getting more traffic and road
geometry is difficult. Requested a child-at-play
sign be considered for Solomon Road.
• Discussed problem with growth in sidewalks on
Hydraulic Road and Berkmar Drive. Asked
about County doing the spraying instead of
VDOT. Asked that the County staff be notified
about this spraying.
Ken Boyd:
• Asked about the posted speed limit on Route
769, Rocky Hollow Road. Mr. Utterback said
that the speed limit will be lowered on the curve
only, not the entire road.
• Asked that VDOT Monthly Report be moved to
regular agenda under “Transportation Matters”.
Juan Wade: Proceed as directed and bring
back to October 5th meeting.
Clerk: Schedule on October 5th consent
agenda.
Clerk: Proceed as directed.
• The Board recessed at 11:00 a.m. and reconvened
at 11:15 a.m.
9. Center for Survey Research’s “Priority Analysis” of
Albemarle County’s 2004 Citizen Survey Report,
Tom Guterbock.
• PRESENTED.
• Mr. Boyd asked that the CSR report conducted
for the County in 2002 be emailed to Board
members.
Lori Allshouse: Proceed as directed.
10. Volunteer Fire Rescue Building Maintenance
Funding.
• ADOPTED, by a vote of 6:0, the attached
Volunteer Fire Rescue Building Maintenance
Funding Policy.
Clerk: Forward copy of adopted policy to Dan
Eggleston, OMB and Finance.
(Attachment 8)
11. Update on Retiree Health Insurance.
• DISCUSSED. CONSENSUS of the Board not
to change the current policy on Retiree Health
Insurance at this time.
12. Closed Session: Personnel and Legal Matters.
• At 12:13 p.m., the Board went into closed
session to consider appointments to boards,
committees, and commissions.
13. Certified Close Session.
• At 2:05 p.m., the Board reconvened into open
session and certified the closed session.
14. Vacancies/Appointments.
• APPOINTED Charles Martin as the joint
County/City service provider for the
Commission on Children and Families with said
term to expire June 30, 2006.
• APPOINTED James Currie to the
Charlottesville Albemarle Regional
Transportation (CHART) Committee with said
term to expire April 3, 2008.
• APPOINTED Judd Bankert to the Historic
Preservation Committee.
• APPOINTED Rodrick Adkins and Scott Wawner
to Fiscal Impact Committee with said terms to
expire July 8, 2007.
Clerk: Prepare reappointment/appointment
letters, update Boards and Commissions book
and notify appropriate persons.
15. FY 2006 Budget Amendment.
• APPROVED FY 2006 Budget Amendment in
the amount of $3,963,066.31.
• APPROVED FY 2006 Appropriations
Clerk: Forward signed appropriation forms to
Finance, OMB, and copy appropriate
individuals.
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#2006011, #2006013, #2006014, #2006015,
#2006016, and #2006017.
16. Proposed lease agreement between Silvercrest
Asset Management Group, LLC, the County of
Albemarle, and the City of Charlottesville for
property located at 614 East High Street, commonly
known as the Jessup Building.
• AUTHORIZED County Executive to execute the
lease agreement in a form approved by the
County Attorney.
County Attorney: Provide Clerk with copy of
signed document.
(Attachment 9)
17. SP-2005-013. Hollymead Swim Club (Sign #67).
• APPROVED SP-2005-013, by a vote of 6:0,
subject to the two conditions recommended by
the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 10)
18. SP-2004-032. St. Nicholas Orthodox Church (Sign
#34).
• APPROVED SP-2004-032, by a vote of 6:0,
subject to the five conditions recommended by
the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 10)
19. SP-2004-053. Wildon Grove Baptist Church (Sign
#33).
• APPROVED SP-2004-053, by a vote of 6:0,
subject to the four conditions recommended by
the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 10)
20. SP-2004-055. Walgreens (Signs #52,63,96).
• APPROVED SP-2004-055, by a vote of 6:0,
subject to the three conditions recommended
by the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 10)
21. Human Services Work Session.
• HELD.
• Mr. Dorrier suggested putting the Power Point
presentation in the form of a brochure available
to the public.
22. Transportation Strategy Work Session.
• HELD.
• Mr. Rooker stated the Board would like for staff
to engage in a discussion with VDOT on ways
to accelerate some of the Secondary Six-Year
Plan priority projects. In addition, he requested
that staff bring a separate list of local priorities
to the Board that the County can make a
difference on that are not yet approved for
funding by VDOT.
• Ms. Thomas suggested staff work with the
Virginians for Better Transportation.
Mark Graham/Wayne Cilimberg/Andy Bowman:
Proceed as directed.
23. Ivy Landfill – Cell 3 Evaluation.
• DISCUSSED. Tom Frederick, from RWSA,
gave an update on Cell 3.
24. ZMA-2004-007. Belvedere (Signs #62,76&84).
• HELD public hearing.
• DEFERRED until October 5, 2005 as the last
public hearing of the day.
Clerk: Reschedule on October 5th agenda for
public hearing.
25. Discussion: Hurricane Katrina Relief Fund.
• DISCUSSED. CONSENSUS of the Board to
hold off on providing relief funding for Hurricane
Katrina victims until coordination efforts and
long term needs within the County are
determined.
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26. From the Board: Matters Not Listed on the Agenda.
Ken Boyd:
• Stated he sent Board members a copy of
Chesterfield’s Strategies for a Healthy Growing
Community. Stated other people in the state
are coming to them and modeling their proffer
statement after it.
• Expressed concern with spending $4.0 million
for BPKSE. For strategic planning, these kinds
of expenditures should come with expected
savings which need to be verified in the future.
Lindsay Dorrier:
• Asked about the waiver of the penalty on the
real estate Land Use Taxation. Mr. Davis
stated there was no penalty for anyone who
paid their back taxes on time. Anyone who did
not pay on time, will be assessed a penalty.
27. Adjourn to September 9, 2005, 9:00 a.m., Zehmer
Hall, Board Annual Strategic Retreat.
• The meeting was adjourned at 7:22 p.m.
/djm
Attachment 1 – Resolution requesting VDOT to designate Route 640 (Gilbert Station Road) from Route
784 to Route 1094 (Ashleigh Way) as Rural Rustic Road
Attachment 2 – Revision to Personnel Policy – P-83 “Military Leave”
Attachment 3 – Resolution to Establish Policy for consideration of requests for Tax Exempt Status by
Designation
Attachment 4 – Resolution for the Adoption of the National Incident Management System
Attachment 5 – Resolution to accept road(s) in Fontana Subdivision
Attachment 6 – Resolution to accept road(s) in The Quarries Subdivision
Attachment 7 – Albemarle County’s Priorities for Primary Road System Improvements.
Attachment 8 – Volunteer Fire Rescue Building Maintenance Funding Policy
Attachment 9 – Commercial Lease Agreement
Attachment 10– Conditions of Approval for Planning Items
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ATTACHMENT 1
RESOLUTION
WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise
§33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved
roads deemed to qualify for and be designated a Rural Rustic Road; and
WHEREAS, such roads must be located in a low-density development area and have a minimum
of fifty (50) vehicles per day (vpd), and have no more than five hundred (500) vpd; and
WHEREAS, this Board is unaware of pending development that will significantly affect the
existing traffic on the road; and
WHEREAS, the citizens that utilize this road have been aware of this road being paved with
minimal improvements; and
WHEREAS, this Board believes Route 640 – Gilbert Station Road should be designated a Rural
Rustic Road, from Route 784 to Route 1094 (Ashleigh Way) a distance of approximately 0.65 miles owing
to its qualifying characteristics; and
WHEREAS, the aforesaid road is in this Board’s six-year plan for improvements to its secondary
system of state highways:
NOW, THEREFORE, BE IT RESOLVED, this Board hereby designates and requests VDOT’s
Resident Engineer to concur in the aforesaid road as a Rural Rustic Road; and
BE IT FURTHER RESOLVED, this Board requests that this road be hard surfaced and, to the
fullest extent prudent, be improved within the existing right of way and ditch-lines to preserve as much as
possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their
current state; and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
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ATTACHMENT 2
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the
Board of Supervisors; and
WHEREAS, the Board of Supervisors finds that an amendment to Personnel Policy P-
83, Military Leave, is appropriate to address benefits to County employees serving in the
military.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle
County, Virginia, hereby amends the following section of the County of Albemarle Personnel
Policy Manual:
By Amending:
Section P-83 Military Leave.
§P-83 MILITARY LEAVE
1. Military Leave with Pay - Upon presentation of a copy of final orders or other equivalent
notice, regular employee who is a member of an officially-recognized reserve or National Guard
unit shall be entitled to 15 work days of military leave for training purposes or active duty per
federal fiscal year (October 1 – September 30). During this 15-day period, the employee shall
be considered on military leave with pay and shall accordingly be paid his or her full gross
salary for regularly scheduled work hours during this period.
2. Advance Notice – An employee who is leaving to perform military service shall provide
advance written notice to his immediate supervisor (including the best approximation of the
expected dates of the leave), unless it would be unreasonable to provide notice at that time or
he is precluded by military necessity from providing notice. When available, employees shall
provide a copy of their military orders to their supervisor.
3. Military Leave without Pay for Reservist Called to Active Duty – An employee who is
called to active duty may be placed on military leave without pay when paid military leave under
section 1 above is exhausted.
4. Voluntary Enlistment in the Uniformed Services of the United States – Employees who
voluntarily enlist in the uniformed services shall be placed on leave without pay for up to five (5)
years while serving in the uniformed services. The leave without pay shall commence after the
15-day military leave with pay and any other applicable leave has been utilized.
5. Supplemental Pay – For all employees involuntary recalled to active military duty, the
County, after the expiration of 15 workdays of military leave with pay, shall supplement the
employee’s pay in an amount necessary to bring the gross monthly salary, inclusive of the base
military pay, to the gross salary earned for regularly scheduled work hours at the time of recall
to federally funded military duty. An employee is entitled to receive a maximum total of two
years of supplemental pay while employed by the County. Employees who are receiving
supplemental pay under this provision shall be considered on military leave without pay for
purposes of benefits under section 7 of this policy. Upon exhaustion of supplemental pay,
however, an employee may utilize accrued annual leave to cover periods of military leave upon
the request of the employee.
6. Reemployment – Any employee whose absence from employment with the County is
necessitated by reason of military service in the uniformed services shall be entitled to all
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reemployment rights and benefits as set forth in the federal Uniformed Services Employment
and Reemployment Rights Act and other applicable federal or state laws.
In accordance with the time frames and requirements established by federal law, employees
shall promptly return to employment after military service is completed. The period an individual
has to report back to work or notify the employer of his intent to return to work after military
service shall be based on time spent on military duty. For service of less than 31 days, the
employee/service member must return at the beginning of the next regularly scheduled work
period on the first full day after release from service, taking into account safe travel home plus
an eight-hour rest period. For service of more than 30 days but less than 181 days, the
employee/service member must either return to work or submit notice of intent to return to work
within 14 days of release from service. For service of more than 180 days, the
employee/service member must either return to work or submit notice of intent to return to work
within 90 days of release from service.
Returning employees shall be required to provide documentation to the County from their
respective military commands that indicate a release from this period of active duty and that the
service was performed under honorable conditions.
7. Benefits - During military leave with pay, the employee will continue to accrue seniority,
annual leave, sick leave, life insurance and VRS contributions that may be applicable during
regular employment. Employees who are on military leave without pay (including employees
who are receiving supplemental pay under section 5 of this policy) will continue to accrue
seniority but not annual leave, sick leave, life insurance or VRS contributions.
During the period of active duty military service, an employee’s health insurance coverage may
continue with no change in coverage from what the employee has during regular employment
for a period of up to 24 months.
An employee who is involuntarily recalled to active military service may request the County to
pay the employer portion of the applicable health care premium for the lesser of 24 months or
the day after the date on which the person fails to apply for or return to a position of employment
with the County as required by federal law. The employee shall continue to pay the remainder
of the cost of employee coverage and the cost of any dependent coverage. The County will
assist the returning employee with applying to VRS for retirement benefits that may have been
earned while on active military duty.
Legal References: Virginia Code § 44-93. Leaves of absence for employees of the
Commonwealth and political subdivisions.
38 U.S.C. §§ 4301-4333. Employment and Reemployment Rights of Members
of the Uniformed Services.
Amended: August 4, 1993; July 3, 2002; September 7, 2005
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ATTACHMENT 3
RESOLUTION TO ESTABLISH
POLICY FOR CONSIDERATION OF REQUESTS FOR
TAX-EXEMPT STATUS BY DESIGNATION
WHEREAS, effective January 1, 2003, the Virginia Constitution provides that only local
governments can grant property tax-exempt status by designation; and
WHEREAS, Albemarle County Code § 15-1602 was adopted to establish the procedure for
considering requests for tax-exempt status by designation pursuant to Virginia Code § 58.1-3651; and
WHEREAS, Albemarle County Code § 15-1602 and applicable state law establish that the Board
of Supervisors has the discretion whether or not to consider and approve a request for it to grant property
tax-exempt status by special designation; and
WHEREAS, the number of requests to the Board of Supervisors for tax-exempt status is likely to
increase now that the authority to grant such status to qualifying entities is purely a local decision; and
WHEREAS, many of the property owners that might qualify for tax-exempt status are already
subsidized by the County through donations granted by the County in its annually adopted budget; and
WHEREAS, to be fair and orderly in its treatment of all property owners that might qualify for tax-
exempt status and to fairly allocate limited tax dollars to those entities requesting tax relief or seeking
County funding, the Board of Supervisors prefers that such funding decisions be made as part of the
budget process rather than by grants of perpetual tax-exempt status.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County that the
Board shall not consider or adopt ordinances granting tax-exempt status by designation unless there is
found to be compelling circumstances to do so.
BE IT FURTHER RESOLVED that the Board encourages all qualifying entities seeking relief from
property taxation by requesting tax-exempt status to instead request County funding during the County’s
annual budget process in which the County will consider all factors relating to the request so that a fair and
appropriate allocation of County funding, if available, can be determined on an annual basis.
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ATTACHMENT 4
ALBEMARLE COUNTY RESOLUTION
FOR THE ADOPTION OF
THE NATIONAL INCIDENT MANAGEMENT SYSTEM
AT A MEETING OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE,
VIRGINIA, HELD AT 9:00 A.M., ON SEPTEMBER 7, 2005
RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM IN
ALBEMARLE COUNTY, VIRGINIA
WHEREAS, the Board of Supervisors of the County of Albemarle, Virginia does hereby find as
follows:
WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of
the Department of Homeland Security to develop and administer a National Incident Management System
(NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments
to work together more effectively and efficiently to prevent, prepare for, respond to and recover from
domestic incidents, regardless of cause, size or complexity; and
WHEREAS, the collective input and guidance from all Federal, State, and local homeland
security partners has been, and will continue to be, vital to the development, effective implementation and
utilization of a comprehensive NIMS; and
WHEREAS, it is necessary and desirable that all Federal, State, and local emergency agencies
and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident
management; and
WHEREAS, to facilitate the most efficient and effective incident management it is critical that
Federal, State, and local organizations utilize standardized terminology, standardized organizational
structures, interoperable communications, consolidated action plans, unified command structures,
uniform personnel qualification standards, uniform standards for planning, training, and exercising,
comprehensive resource management, and designated incident facilities during emergencies or
disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications,
facilities and resources will improve the county's ability to utilize federal funding to enhance local agency
readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of
various county incident management activities, including current emergency management training
programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended
adoption of a standardized Incident Command System;
NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the Board of Supervisors of the County
of Albemarle, Virginia that the National Incident Management System (NIMS) is established as the
County standard for incident management.
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ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day
of September 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Fontana Subdivision, Phases 1 and 2, described on the attached
Additions Form LA-5(A) dated September 7, 2005, 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 street(s) in Fontana Subdivision , Phases
1 and 2, as described on the attached Additions Form LA-5(A) dated September 7, 2005, 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 LA-5(A) is:
1) Fontana Drive (State Route 1765) from Route 20 to .12 mile east of Route 20, as shown
on plat recorded 07/28/1998 in the office the Clerk of Circuit Court of Albemarle County in
Deed Book 1729, page 315, with a 70-foot variable right-of-way width, for a length of 0.12
miles.
2) Fontana Drive (State Route 1765) from .12 mile east of Route 20 to the intersection of
Merano Lane (Route 1766), as shown on plat recorded 07/28/1998 in the office the Clerk
of Circuit Court of Albemarle County in Deed Book 1729, page 315, with a 50-foot
variable right-of-way width, for a length of 0.19 miles.
3) Fontana Drive (State Route 1765) from the intersection of Merano Lane (Route 1766) to
the intersection of Appian Way (Route 1769), as shown on plat recorded 07/28/1998 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1729, page 315,
with a 50-foot right-of-way width, for a length of 0.08 miles.
4) Fontana Drive (State Route 1765) from the intersection of Appian Way (Route 1769) to
the intersection of Fontana Court (Route 1767), as shown on plat recorded 07/28/1998 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1729, page 315,
with a 50-foot right-of-way width, for a length of 0.18 miles.
5) Fontana Court (State Route 1767) from the intersection of Fontana Drive (Route 1765)
to the intersection of Capri Way (Route 1768), as shown on plat recorded 04/22/1999 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1808, page 138,
with a 50-foot right-of-way width, for a length of 0.18 miles.
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6) Fontana Court (State Route 1767) from the intersection of Capri Way (Route 1768) to
the cul-de-sac, as shown on plat recorded 04/22/1999 in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 1808, page 138, with a 50-foot right-of-way
width, for a length of 0.13 miles.
7) Capri Way (State Route 1768) from the intersection of Fontana Court (Route 1767) to
the cul-de-sac, as shown on plat recorded 04/28/1999 in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 1809, page 473, with a 50-foot right-of-way
width, for a length of 0.06 miles.
8) Merano Lane (State Route 1766) from the intersection of Fontana Drive (Route 1765) to
the cul-de-sac, as shown on plat recorded 07/28/1999 in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 1729, page 315, with a 50-foot right-of-way
width, for a length of 0.05 miles.
9) Appian Way (State Route 1769) from the intersection of Fontana Drive (Route 1765) to
the intersection of Olympia Drive (Route 1770), as shown on plat recorded 04/17/2003 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 2455, page 551,
with a 50-foot right-of-way width, for a length of 0.17 miles.
10) Olympia Drive (State Route 1770) from the intersection of Appian Way (Route 1769) to
the east to end of state maintenance, as shown on plat recorded 03/20/2000 in the office
the Clerk of Circuit Court of Albemarle County in Deed Book 1902, page 138, with a 50-
foot right-of-way width, for a length of 0.09 miles.
11) Olympia Drive (State Route 1770) from the intersection of Appian Way (Route 1769) to
the west to the cul-de-sac, as shown on plat recorded 03/20/2000 in the office the Clerk
of Circuit Court of Albemarle County in Deed Book 1902, page 138, with a 50-foot right-
of-way width, for a length of 0.09 miles.
Total Mileage – 1.21 miles
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ATTACHMENT 6
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day of
September 2005, adopted the following:
RESOLUTION
WHEREAS, the Department of Transportation recommends that the road described in the
Board’s resolution adopted on September 7, 2005 be added to the secondary system of state highways
as a no cost rural addition pursuant to § 33.1-229 and Commonwealth Transportation Board policy,
because the road meets current minimum standards, the condition of the existing hard surface is
serviceable, the road has provided continuous public service since its establishment in May 2004, and
currently serves the public use as a turnaround.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the
secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Rural Addition
Policy of the Commonwealth Transportation Board of the Virginia Department of Transportation as a no
cost rural addition:
Name of Street: Gold Mine Lane (State Route 1808). Length: 0.12 miles.
From: Nelson County Line (Route 808.
To: cul-de-sac.
Guaranteed Right-of-Way Width: 50 feet.
Plat Recorded, Date: June 26, 2002. Book: 2219. Pages: 463-470.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills and drainage, and
BE IT 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 LA-5(A) is:
1) Gold Mine Lane (State Route 1808) from the Nelson County line (Route 808) to the cul-
de-sac, as shown on plat recorded 06/26/2002 in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 2219, pages 463-470, with a 50-foot right-of-way width,
for a length of 0.12 miles.
Total Mileage - 0.12 miles
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ATTACHMENT 7
VIRGINIA DEPARTMENT OF TRANSPORTATION RE-ALLOCATION FOR THE INTERSTATE, PRIMARY, AND
URBAN SYSTEMS, AND FOR MASS TRANSIT
RECOMMENDED ALBEMARLE COUNTY PRIORITIES SEPTEMBER 7, 2005
The following addresses Albemarle County’s priorities for each allocation of TEA-21 and each sub-
allocation of the Surface Transportation Program (STP) funds.
I. 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.
Undertake those projects in the Charlottesville Albemarle Regional Transportation Study (CHART) –
UnJam 2025 (adopted May 3, 2004) 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:
A. 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.
Meadow Creek Parkway/Route 250 Bypass Interchange. The County also supports the
construction of the Meadow Creek Parkway interchange at the terminus of the Parkway 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. The County is grateful for the
$27,000,000 earmarked in the latest Federal Transportation Bill for this interchange. It is
recognized that this interchange project, and its funding, is a separate but related project from the
Meadow Creek Parkway mainline project.
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 is now studying the concept/alignment
of this road as part of the previously noted Places 29 Study.
B. Route 29 North. The U. S. 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
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urbanized area continues to grow and transportation system improvement needs increase. The
County, City, VDOT and the MPO have completed Phase I and Phase II of the 29H250 (US 29 –
Hydraulic – 250 Bypass Intersection) Study. The County requests that VDOT plan for the funding
of the 29H250 Phase II Option B design recommendations, which emphasizes improving Rt. 29
to serve regional trips and changing the character of Hydraulic Road between Rt. 29 and the Rt.
250 Bypass.
The County appreciates continued VDOT and Commonwealth Transportation Board support of
initiatives in the U. S. 29 North corridor. The County, in coordination with the MPO, is currently
utilizing VDOT, developer proffered and County general funds to study the concept/alignment of
U. S. 29 North as part of a larger transportation network study for the County’s Northern
Development Areas from the City limits to the Greene County line. This study, a component of the
County’s Places 29 Study, will include a comprehensive and integrated evaluation of both
transportation and land use issues and planning to establish a series of land use
recommendations, transportation network improvements and a multi-modal approaches that will
support the Northern Development Areas and the Rt. 29 Corridor.
Other projects listed in CHART in the northern study area must be actively pursued and
completed. These projects include the Hillsdale Drive Extension Project 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 are imperative to this area. Specifically, the
County requests funding for a third lane north and southbound on Rt. 29 from the South Fork
Rivanna River to north of its intersection with Hollymead Drive. These improvements would tie
into a third lane recently constructed in each direction along Rt. 29 as part of major land
development projects at the Hollymead Town Center. There are significant peaks and valleys in
Rt. 29 through this area that create an existing dangerous condition and this will only worsen as
traffic increases as development occurs in this area in accord with the Comprehensive Plan. This
section of road already experiences a high level of vehicle accidents, particularly in the area of
Forest Lakes South. This new third lane section, and other road improvements in the area, was
funded by the developer through zoning proffers related to the project’s approval. Completion of
this section would essentially complete the three phases of improvements to Rt. 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.
C. 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.
D. The County supports the funding of the TransDominion Express and recommends that it
be seriously considered as a multi-modal means to address the issues and recommendations
identified in the multi-phased Route 29 Corridor Study.
E. There are three areas of emphasis the County requests be addressed on Route 250:
1. 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.
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2. The remaining portion of Rt. 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.
3. VDOT has completed a similar study of Rt. 250 East from Free Bridge to the Fluvanna County
line. This study’s findings have been presented to the Albemarle County Board of Supervisors.
The County will consider the recommendations of this study as part of the Neighborhood
Planning process “Pantops Urban Area Neighborhood Master Plan.” This study will focus on
creating a neighborhood plan that integrates land use and transportation planning to establish
land use recommendations, transportation network improvements and multimodal approaches
that will support neighborhood development.
F. Undertake improvements that will benefit/improve Route 240 in Crozet in accord with
recommendations from the recently completed Crozet Master Plan.
• Implement sidewalk plan (per Downtown Sidewalk and Parking Study).
• Create bike lanes to and in downtown.
• Construct Eastern Avenue, to include the Lickinghole Bridge and a railroad crossing
• Construction of Main Street east from Crozet Avenue.
G 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 the west side
improvements. The County has also listed these improvements under “Safety” priorities. To date,
the County has constructed sidewalks on the east side of Route 20 from Route 250 to Fontana
Drive.
H. Undertake improvements recommended in the Southern Urban Area B Study recently completed
in coordination with the City of Charlottesville, County of Albemarle, and the University of Virginia.
The Study recommended for a road to be constructed between Fontaine Avenue and Sunset
Avenue.
I. 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.
NOTE: The Town of Scottsville has requested that VDOT improve Route 20 (Valley Street) at the
intersection of both Warren Street and Hardware Street. VDOT had proposed these improvements in the
1970’s, but the improvements were not completed. The improvements will enhance the safety of the
traveling public in the Town.
II. Safety Improvements:
Several projects in the County seem to qualify under this 10% set-aside. They are, in priority order:
J. 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 limits 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 Farmington entrance.
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K. 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. The County received TEA 21 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).
L. Reconfigure intersection and install traffic signals at the intersection of Routes 22 and 250
M. 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 Tillman 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.
N. Improvements to the Route 240 underpass at the CSX Railroad tracks in Crozet.
O. 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.
III. 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:
P. Pedestrian streetscape improvements in downtown Crozet. These streetscape improvements,
which were included in an Enhancement Grant submitted in January 2002, June 2003 and
October 2004, include the relocation and burial of overhead utility wires, and construction of
historically compatible sidewalks. The County received TEA 21 funding in July 2004 for Phase I
and July 2005 for Phase II of the Crozet Streetscape Plan.
Q. Beautification of entrance corridors (particularly Route 20, 29 and Route 250).
R. Construction of bikeway, pedestrian, and greenway facilities as prioritized in the Jefferson Area
Bicycle, Pedestrian, and Greenways Plan.
S. Development of portions of the Rivanna River Greenway path system.
T. 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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Six Year Primary Plan Priority List By Categories
I STP Projects
Undertake projects in CHART –UNJam 2025 (adopted May 3, 2004)
A. Construct Meadow Creek Parkway from Route 250 Bypass to Rio Road, including
interchange at the Route 250 Bypass.
B. Improvements to Route 29 North Corridor:
1) Funding of 29H250 Phase II, Option B design recommendations; which emphasizes
improving Rt. 29 to serve regional trips and changing the character of Hydraulic Road
between Rt. 29 and Rt. 250 Bypass;
2) Berkmar Drive extension;
3) Hillsdale Drive extension;
4) Widening improvements to Route 29 North (3rd lane, from S.F. Rivanna River);
C. Widening of Route 20 south (from I-64 to Mill Creek Drive), including bike lanes and
sidewalks.
D. Funding of the TransDominion Express.
E. Improvements to Route 250:
1) Improve Route 250 West from Emmet Street to the Route 29/250 Bypass;
2) Maintain current two-lane road configuration from the Bypass to Yancey Mills,
reflective it character as a Scenic Virginia Byway;
3) Spot improvements to intersections in Ivy at Routes 678 and 637
F. Improve Route 240 in accord with the recommendations of the Crozet Master Plan.
G. Widen Route 20 North, from Route 250 to Elks Drive/Fontaine Drive intersection, including
bike lanes and sidewalks.
H. Improve Fontaine Avenue consistent from Jefferson Park Avenue to its terminus
consistent with recommendations identified by the Fontaine Avenue Task Force.
The Study recommended for a road to be constructed between Fontaine Avenue and
Sunset Avenue.
I. Recognize mass transit as it can relieve traffic congestion and as an alternative to road
construction and shift funds from road construction to mass transit to accomplish this.
Note: The Town of Scottsville has requested that the intersections of Route 20 (Valley
Street) with both Warren Street and Hardware Street be improved.
II. Safety Improvements
J. Construction of pedestrian walkways along various routes in the County Urban Areas
K. Pedestrian improvements in Crozet
L. Reconfigure intersection and install traffic signals at intersection of Rt. 22 at Rt. 250
M. Improvements to Route 250 West in the Ivy area
N. Improvements to Rt. 240 underpass at CSX RR in Crozet
O. Functional plan for the Route 22/231 corridor
III. Enhancement Projects
P. Pedestrian Streetscape improvements in downtown Crozet
Q. Beautification of entrance corridors
R. Construction of Bikeway, pedestrian, and greenway improvements as prioritized in the
Jefferson Area Bicycle, Pedestrian and Greenways Plan and the County’s Comprehensive
Plan
S. Development of portions of the Rivanna River Greenway path system.
T. Removal of non-conforming billboards.
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National Highway System (NHS)
V. The Charlottesville-Albemarle MPO Policy Board approved the NHS as proposed
by VDOT in this area excluding the Route 29 Bypass.
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ATTACHMENT 8
Volunteer Fire Rescue
Building Maintenance Funding Policy
1. Purpose
The purpose of this policy is to assist volunteer fire and rescue stations that do not have the financial
means to fund building repairs and minor building renovations.
2. Volunteer Station financial assessment
The intent of the policy is to provide financial assistance to volunteer stations that do not have the
financial means to fund building repairs and minor building renovation projects. Therefore, a volunteer
station requesting assistance will need to show that the station is unable to independently fund the
project. Determining financial hardship requires that the station disclose the department’s financial
statements (balance sheet and income statement – see example at end of document) to help
demonstrate the station’s financial need.
3. Qualified projects
Building repairs and minor building renovation projects that help maintain the current facility shall be
qualified for consideration. Projects beyond this scope will be addressed on a case by case basis
through the normal CIP process.
4. Five year building assessment to determine future expenditures
4.1. Stations requesting financial assistance must conduct a five year assessment of their building to
determine the long term maintenance needs. The five year assessment should include a
projected and prioritized list of building repairs/renovations, a cost estimate per
repair/renovation, and a narrative outlining the justification for each repair/renovation.
Priority Project type FY06/07 FY07/08 FY08/09 FY09/10 FY10/11
High Roof repair 30,000
Medium HVAC replacement 15,000
Medium Bunk room renovation 5,000
Total 30,000 - 15,000 - 5,000
North River VFD
Major Building Repairs
4.2. County staff will work with volunteer staff to assess the projects to help determine needs,
eligibility and timing.
5. Funding Assistance
5.1. Financial assistance shall be provided through a no-interest loan with a five to ten year payback
period. In cases of extreme financial hardship, a grant may be considered.
5.2. A volunteer station receiving a no-interest loan will work with County staff to develop a financial
plan to ensure that the loan will be paid in full over time. The plan will be reviewed and approved
by the Office of Management and Budget (OMB) before financial assistance is provided.
6. Other requirements
6.1. Volunteer stations that qualify according to this policy shall submit a request to the Department
of Fire Rescue by August 1 in preparation for the next fiscal year budget process.
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6.2. Approved projects will be procured and completed according to current County policies and
procedures.
22
ATTACHMENT 9
COMMERCIAL LEASE
THIS LEASE AGREEMENT is made as of this 1st day of August, 2005, by and between the
CITY OF CHARLOTTESVILLE, VIRGINIA and the COUNTY OF ALBEMARLE, VIRGINIA, both political
subdivisions of the Commonwealth of Virginia (hereinafter “Lessors”), and SILVERCREST ASSET
MANAGEMENT GROUP, LLC (hereinafter “Lessee”).
WITNESSETH:
WHEREAS, the Lessors are the owners of the Premises described herein, and represents that
they have clear and unencumbered title to said Premises and are able to lease the same and deliver
possession of the Premises to the Lessee upon the Commencement Date as set forth herein; and
WHEREAS, the Lessee is currently in possession of the Premises pursuant to an Assignment of
Lease dated March 31, 2005 and desires to continue to lease the Premises for use as commercial office
space; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
hereby agree as follows:
1. LEASED PREMISES. The leased premises, herein referred to as the “Premises”, shall be all the
property identified as Parcel 111 on City Real Property Tax Map 53, including the building
containing approximately 6,218 square feet and commonly known as the Jessup Building, 614
East High Street, and labeled as “Town Hall Two” on the attached Site Plan (Attachment A),
together with the parking area hereinafter designated. The property lies between East High
Street and Jefferson Street, and on the west side of 7th Street, N.E. in the City of Charlottesville.
The designated parking area shall include those ten (10) individual parking spaces marked on the
attached Site Plan with an “X”.
2. LEASE TERM AND NON-RENEWAL. The term of this Lease shall be for a period of five (5)
years, beginning August 1, 2005 (“Commencement Date”) and terminating at midnight on June
30, 2010, or sooner as provided herein. There shall be no automatic renewal or extension of the
term of this Lease, and should extension or renewal be desired by Lessors or Lessee, such
renewal or extension shall be accomplished by separate written instrument of equal dignity to this
Lease. Absent such written renewal or extension, this Lease shall automatically terminate at the
end of the term hereof.
3. RENT. (A) The base annual rent for the Premises shall be Seventy-Five Thousand and 00/100
Dollars ($75,000.00) for a total base rent for the entire term of Three Hundred Sixty-Eight
Thousand, Seven Hundred Fifty and 00/100 Dollars ($368,750.00). Said rent is payable in
advance in monthly installments on the first day of each successive month of the lease term
commencing on August 1, 2005. Until the same is adjusted as hereinafter set forth, said monthly
rental payments shall be Six Thousand, Two Hundred Fifty and 00/100 Dollars ($6,250.00) (the
“Base Monthly Rent”). If such monthly rental payment is not received by Lessors on or before the
fifth (5th) day of the month in which it is due, Lessee shall pay Lessors a late charge in addition to
the monthly rental of five percent (5%) of such late monthly rental payment(s). All payments shall
be made to Lessors at the address specified herein.
(B) Lessee and Lessors agree that the annual Rent for each year following the initial year of the
Lease (August 1, 2005 to July 31, 2006) shall equal the amount of Rent payable during the
previous rent year, unreduced by any rent credits provided for herein, increased by the “Rent
Increase Percentage”. The Rent Increase Percentage shall mean the greater of (i) the
percentage increase of the Consumer Price Index for All Urban Consumers for All Items [CPI-U
(1982-1984=100)] that occurred during the preceding Lease Year ending three (3) months before
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the anniversary date of this Lease; or (ii) three percent (3%) of the Rent payable during the
previous rent year, unreduced by any rent credits provided for herein.
(C) In consideration for this Lease, Lessee agrees to perform certain renovation work at the
Premises, as more particularly described in the “Intended Rehabilitation” section of the attached
Memorandum from Lessee to Lessors, dated August 24, 2005, with supporting electronic mail
messages attached, all of which is attached hereto as Attachment B to this Lease. Lessee agrees
that during the first year of this Lease it will expend approximately Ninety Thousand and 00/100
Dollars ($90,000.00) for the Intended Rehabilitation work described in the Attachment. All work
shall be performed in a first class professional manner by licensed contractors, in full compliance
with any and all applicable building and safety codes. Lessee shall be responsible for the prompt
payment of all costs, charges and invoices for the above-described work. All work shall be
completed during the first year of the lease term, unless Lessee and Lessors agree to a longer
period.
Subject to the conditions stated herein, when any of the intended rehabilitation work referenced in
this paragraph (C) has been completed and paid for by Lessee, Lessee shall be entitled to a rent
credit equal to the cost of the repair. Lessee shall submit to Lessors copies of all invoices for the
interior repair work with documentation evidencing payment by Lessee. Lessors shall have the
right of access to the building, upon reasonable notice to Lessee, to verify that the repairs have
been performed in a satisfactory manner. Upon receipt of the required documentation from the
Lessee, Lessors shall have ten (10) working days to give written notice to Lessee if the rent credit
is denied, with reasons for the denial. If Lessors do not give timely written notice of denial to
Lessee, Lessee shall be entitled to deduct from the next month’s rental payment the paid costs of
the repairs. If the amount of the rent credit is greater than the monthly rental amount, Lessee
may continue to deduct the repair costs from subsequent monthly rental payments until the entire
amount of the rent credit has been exhausted; provided, however, that in no event shall a credit
be claimed by Lessee or allowed by Lessors (i) for any costs in excess of Fifty-Five Thousand
and 00/100 Dollars ($55,000.00) over the entire term of this Lease; or (ii) for any repairs not
referenced in this paragraph (C), unless such non-routine repairs and credits therefore are
agreed to in writing by Lessors and Lessee prior to such repairs being made.
4. REAL PROPERTY TAXES. Throughout the term of this Lease Lessee shall pay all real property
taxes lawfully assessed against its leasehold interest by the City of Charlottesville pursuant to
Virginia Code § 58.1-3203. In the event that the taxing authority of the City of Charlottesville
determines that the Premises is not eligible for an exemption from real property taxation pursuant
to Virginia Code § 58.1-3603, Lessee shall within thirty (30) days of receipt of written notice and
proof of payment by Lessors, reimburse Lessors for the amount of real property taxes each has
paid as an owner of the Premises.
5. USE. Lessee shall use and occupy the Premises for general office purposes in the conduct of its
business and shall not use the Premises for activities that would in any way violate any law or
requirement of any public authority, cause structural damage to the improvements, interfere with
the normal operation of the utility systems, cause undue noise or disturbance to neighboring
properties or alter the exterior of the building. Lessee shall not use the Premises for the purposes
of storing, manufacturing or selling any explosives, flammables, or other inherently dangerous
substance, chemical, thing or device.
6. QUIET ENJOYMENT. Lessors covenant that, upon payment of rent and conditioned upon
performance of all of the covenants and conditions of this Lease, the Lessee shall peacefully and
quietly have, hold and enjoy the said leased Premises for the term aforesaid.
7. CONDITION OF PREMISES / CARE AND MAINTENANCE. (A) Except as may be expressly
provided otherwise herein, Lessee accepts said premises and fixtures therein, if any, in their
present condition and agrees to keep said premises and fixtures in a good clean condition; to
commit no waste thereon; to obey all laws and ordinances affecting said Premises; and at
termination hereof to surrender the premises and fixtures in like condition as when taken,
reasonable wear and tear excepted.
24
(B) Lessee shall be responsible for all routine and ordinary interior and exterior maintenance and
repairs to the building and Premises during the term of the Lease, except that Lessors will be
responsible for the following:
(1) Maintenance, repair or replacement of the heating, ventilation and air
conditioning system;
(2) The initial repair of the exterior front and side walkways, and front and side
retaining walls which are at the Commencement Date in a damaged
condition;
(3) The initial repainting of the exterior window frames, shutters and roof in a
color scheme mutually acceptable to Lessors and Lessee;
(4) Treatment and or removal of the two existing hemlock trees located in the
front of the building, and if removal is necessary to install appropriate
replacement trees or plantings.
Any extraordinary repairs or replacements, including but not limited to repair or replacement to
the roof, shall be performed by the Lessors, “extraordinary” being defined as those non-routine
repairs or replacements with a life expectancy longer than the term of this Lease.
8. ALTERATIONS. Lessee shall not, without first obtaining the written consent of the Lessors,
make any alterations, additions, or improvements in, to or about the Premises, except as
described in paragraph 3 (C), supra. The Lessors’ written consent will not be unreasonably
withheld for any alterations, additions or improvements Lessee deems necessary or convenient to
its use of the Premises for its intended purpose. Any permanent fixtures shall become the
property of the Lessors upon termination of the Lease. Lessee shall be entitled to make
improvements and additions to the existing gardens on the Premises. All alterations shall be in
accordance with applicable law, regulations and codes, including but not limited to the applicable
building codes and the City of Charlottesville’s zoning ordinance. Any changes to the exterior
appearance of the building shall not be made until the Lessee has obtained a certificate of
appropriateness from the City’s Board of Architectural Review or, on appeal, City Council.
9. ORDINANCES AND STATUTES. Lessee shall comply with all statutes, ordinances and
requirements of all municipal, state and federal authorities now in force, or which may hereafter
be in force, pertaining to the Premises, occasioned by or affecting the use thereof by Lessee.
10. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Lease or sublet any portion of
the Premises without the prior written consent of the Lessors, which consent may be withheld for
any reason or for no reason, or which may be conditioned in any way Lessors choose. Any such
assignment or subletting without consent shall be void and the Lessors, at their option, may
terminate this Lease.
11. UTILITIES. Lessee shall provide and pay all charges incurred by Lessee for utilities, including
gas, electricity, water, sanitary sewer and trash disposal services incurred by Lessee during the
term of this Lease. Lessee shall be responsible for the costs of any telephone, cable television
and internet services to the Premises. Lessors may interrupt or suspend the supply of any utility
service to the Premises in order to make any necessary repairs or perform any maintenance for
which Lessors are responsible so long as Lessors shall pursue with reasonable diligence the
completion of the work. No such interruption shall exceed a period of one (1) day without prior
consent of Lessee. If such interruption is necessary, Lessors shall give Lessee at least 48 hours
prior written notice of the dates and times of the contemplated interruption, unless such
interruption is due to an emergency not caused by Lessee, and shall cooperate with Lessee in
order to minimize any inconvenience to Lessee.
12. ENTRY AND INSPECTION: Lessees shall permit Lessors or Lessors’ agents to enter upon the
Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the
same, and will permit Lessors at any time within sixty (60) days prior to the expiration of this
Lease to place upon the Premises any usual “To Let” or “For Lease” signs, and permit persons
desiring to lease the same to inspect the Premises thereafter.
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13. INSURANCE. Lessee shall obtain and maintain in full force and effect during the term hereof
business personal property insurance, including fire and extended coverage insurance, to cover
its property and business operations within the Premises, and general liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million
Dollars ($2,000,000.00) in the aggregate and not less than One Hundred Thousand Dollars
($100,000.00) with respect to property damage per occurrence. The Lessee’s general liability
insurance policy shall name the City of Charlottesville and the County of Albemarle as additional
insureds as it pertains to the Premises. A certificate evidencing that the Lessors have been
named as additional insureds shall be provided to the City of Charlottesville as fiscal agent for
Lessors. The Lessors, at their sole expense, shall adequately insure the building for fire, casualty,
hazard and liability.
14. INDEMNIFICATION. (A) Lessee agrees to indemnify and hold harmless Lessors and their
officials, officers, agents and employees from and against any and all claims, losses, liabilities,
damages and expenses which arise from Lessee’s possession, use, occupation, management,
repair, maintenance or control of the Premises, or any portion thereof, which arise from any
negligent or wrongful act or omission of Lessee or Lessee’s agents, employees, licensees, or
invitees, or result from any default, breach, violation or nonperformance of this Lease or any
provision of this Lease by Lessee. Lessee shall, at its own cost and expense, defend any and all
actions, suits or proceedings which are brought against Lessors with respect to the foregoing.
Lessee shall pay, satisfy and discharge any and all judgments, orders and decrees which may be
recovered against Lessors as a result of the foregoing. Lessors shall fully cooperate in the
defense of any such actions, suits or proceedings.
(B) Lessors shall not be liable for any damage or injury to person or property caused by or
resulting from steam, electricity, gas, oil, rain, ice, snow, or any leak or flow from or into any part
of the Premises or the building of which the same is a part, or for any damage or injury resulting
or arising from any other cause or happening whatsoever unless said damage or injury is caused
by the negligent or wrongful act or omission of the Lessors or either of them; and, notwithstanding
the foregoing or any other provision of this Lease, Lessors shall not be liable to Lessee or any
insurance company insuring Lessee for any loss or damage to Lessee’s personal property within
the Premises or on Lessors’ property which was covered by fire and extended coverage
insurance.
15. EMINENT DOMAIN. If the Premises or any part thereof or any estate therein, or any other part of
the building materially affecting Lessee’s use of the Premises shall be taken by eminent domain,
this Lease shall terminate on the date when entry onto the Premises is made by the takeover
entity. The rent shall be apportioned as of the termination date, and any rent paid for any period
beyond that date or rent credits shall be repaid to Lessee. Lessee shall not be entitled to any part
of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any
taking of improvements owned by Lessee, and for relocation expenses.
16. DAMAGE BY FIRE OR OTHER CASUALTY. If all or any portion of the Premises shall be
damaged or destroyed by fire or other casualty, this Lease shall not be terminated unless Lessors
decide not to replace, repair or rebuild in accord with the following provisions. Lessee hereby
waives any and all rights to terminate this Lease by reason of damage to the Premises by fire or
other casualty pursuant to any presently existing or hereafter enacted statute or pursuant to any
other law. In the event of any damage to the Premises by fire or other casualty which renders the
premises unfit for Lessee’s purposes, in whole or in part, there shall be an abatement of the rent
payable hereunder during the period of such condition for so long as Lessee is not engaged in
the conduct of its business operations in the Premises to substantially the same extent as that
prior to said casualty and only to that extent which the Premises are rendered unusable, and on a
pro rata basis. If all or any portion of the Premises is damaged or destroyed by fire or other
casualty that is covered by Lessee’s general liability insurance, then all insurance proceeds under
such policy shall be paid to the Lessors or made available for the payment for repair,
replacement, or rebuilding, and the Lessors shall elect as soon as practical after the damage has
occurred, but no later than twenty (20) days thereafter, whether or not to repair or rebuild the
Premises or any such portion thereof to its condition immediately prior to such occurrence;
provided, however, that the foregoing provisions shall not require the Lessor to repair or rebuild
26
any part of the Premises, or of Lessee’s improvements, equipment or appurtenances not
constituting fixtures or otherwise a part of the Premises owned by Lessors. In any event, Lessors
shall provide Lessee written notice of its decision either to elect to or refuse to replace or rebuild
said Premises within the aforesaid twenty (20) day period. If Lessors elect not to replace or
rebuild then said Lease shall be deemed terminated thirty (30) days following the occurrence
causing said damage. If at the time of Lessors’ decision to replace or rebuild, Lessors do not
agree in writing to complete the repair or rebuilding within ninety (90) days after the decision is
made, or within a reasonable period if ninety (90) days is unreasonable under the circumstances
in light of the nature and extent of the damages, as decided by both Lessors and Lessee, Lessee
shall have the option to terminate this Lease by written notice to Lessors within fifteen (15) days
after Lessors’ decision.
17. DEFAULT PROVISIONS. (A) The following shall constitute events of default:
(1) Abandonment of the Premises;
(2) The default of seven (7) days in payment of rent or other sums due to Lessors hereunder;
(3) Breach of any of the covenants or conditions of this Lease continuing for more than fifteen
(15) days following receipt of written notice thereof from Lessors to Lessee;
(4) Dissolution or commencement of any proceedings to dissolve Lessee;
(5) Termination of existence, insolvency, business failure, appointment of a receiver, assignment
for the benefit of creditors of all or any part of the property of the Lessee, or commencement
of any proceedings under any bankruptcy or insolvency law by or against Lessee.
No failure on the part of the Lessors to enforce any covenant or provision herein, nor the waiver
of any right hereunder by Lessors, shall discharge or invalidate such covenant or provision or any
other covenant, condition or provision hereof, or affect the right of the Lessors to enforce the
same in the event of subsequent breach or default.
(B) REMEDIES ON DEFAULT. Upon the occurrence of any event of default, Lessors shall have
the right, then or at any time thereafter while such event of default shall continue, to terminate this
Lease on not less than ten (10) days notice to Lessee. On the date specified in such notice the
term of this Lease shall terminate, and Lessee shall then quit and surrender the Premises to
Lessors, without extinguishing Lessee’s liability. If this Lease shall have been so terminated by
Lessors, Lessors may at any time thereafter resume possession of the premises by any lawful
means and remove Lessee or other occupants and their effects. In the event of default by
Lessee, rentals received by Lessors following reentry shall be applied to liability of the Lessee
resulting from said default.
(C) LIABILITY OF TENANT ON DEFAULT. If the Lessors rightfully terminate this Lease or
reenters pursuant to the foregoing section, Lessee shall remain liable for the rent and all of the
sums provided for in this Lease until the date this Lease would have expired had such termination
not occurred and any and all expenses incurred by Lessors in reentering the Premises,
repossessing the same, making good any default of the Lessee, and repairing any damage which
may have resulted from Lessee’s use of the Premises excepting normal wear and tear and the
expense which Lessors may incur in obtaining a new tenant. Lessee agrees to pay to Lessors
the amount of the foregoing liability with respect to each month during the term of this Lease, all
of which shall be accelerated upon any default. In the event of default, and in addition to the
foregoing, Lessee shall pay Lessors all costs incurred, including reasonable attorney’s fees with
respect to any collection efforts, suit, or action taken or instituted by Lessors against Lessee to
enforce the provisions of this Lease provided the Lessors substantially prevail.
(D) LIQUIDATED DAMAGES. If Lessors rightfully terminate this Lease pursuant to the foregoing
default provisions, Lessors shall have the right at any time, at their option, to require Lessee to
pay to Lessors, on demand, as liquidated and agreed final damages in lieu of Lessee’s liability
hereinbefore provided, the rent and all of the charges which would have been payable from the
date of such demand to the date when this Lease would have expired if it had not been
terminated. If the Premises have been relet for all or part of the remaining balance of the term by
Lessors after default by Lessee, the amount of said rent shall be credited against any liquidated
27
damages. Upon payment of any such liquidated and agreed final damages, Lessee shall be
released from all further liability under this Lease.
18. RIGHT OF LESSORS TO CURE LESSEE’S DEFAULT. If Lessee shall fail to keep or perform
any of its obligations as provided in this Lease, then Lessors may, upon the continuance of such
failure on Lessee’s part for fifteen (15) days after receipt of written notice from Lessors to Lessee
and without waiving or releasing Lessee from any obligations, and as an additional but not
exclusive remedy, make such payment or perform any such obligation and all sums so paid by
Lessors and all necessary and incidental costs and expenses incurred by Lessors in making such
payment or performing such obligation together with interest thereon at the judgment rate of
interest, from time to time as provided by the Code of Virginia, shall be paid by Lessee to Lessors
on demand, or at Lessors’ option may be added to any installment of rent thereafter falling due.
19. SECURITY DEPOSIT. Lessors have received a security deposit from Lessee in the amount of
Four Thousand, One Hundred and Sixty-Six and 00/100 Dollars ($4,166.00) as security for the
full and faithful performance by Lessee of every provision, covenant and condition of this Lease,
including without limitation the surrender of possession of the Premises to Lessors as herein
provided. If Lessors apply any part of the deposit to cure any default of Lessee, Lessee shall on
demand deposit with Lessors the amount so applied so that Lessors shall have the full deposit on
hand at all times during the term of the Lease. At the termination of this Lease, In the event that
Lessee shall fully and faithfully comply with every provision, covenant and condition of this Lease,
such security deposit or any balance of it shall be returned to Lessee within thirty (30) days after
expiration or earlier termination (without default of Lessee) of the Lease and delivery of
possession of the Premises to Lessors. Acceptance of the security deposit by Lessors does not
constitute any waiver of damages that may exceed the amount of the security deposit or any
waiver of any other rights the Lessors may have against the Lessee, at law or in equity, by reason
of Lessee’s default, and in the event of damages suffered by Lessors by reason of Lessee’s
default, that exceed the amount of the security deposit, Lessors shall be entitled to such
additional damages directly attributable to Lessee’s use of the Premises.
20. ATTORNEY’S FEES. In the event that suit is brought by either party in furtherance of its rights
under this Lease, the prevailing party shall be entitled to all costs incurred in connection with such
action, including a reasonable attorney’s fee.
21. WAIVER. No failure of Lessors to insist upon the strict performance of any term or provision of
this Lease or to exercise any right or remedy consequent upon a breach thereof, and no
acceptance by Lessors of full or partial rent during the continuance of any such breach, shall
constitute a waiver of any such breach or of any such term or provision of this Lease. Any waiver
by Lessors must be by a written instrument executed by Lessors clearly describing the waiver
and its extent.
22. SURRENDER OF LEASED PREMISES. Upon the expiration or other termination of the term of
this Lease, Lessee shall quit and surrender the Premises in good order, repair, and in clean
condition, and shall remove all of its property therefrom, except as otherwise provided in this
Lease.
23. ESTOPPEL CERTIFICATE. Lessee shall, without charge therefore, at any time and from time to
time, within ten (10) days after receipt of a written request by Lessors, execute, acknowledge and
deliver to Lessors a written estoppel certificate certifying to Lessors or any purchaser of the
Premises, or any other person designated by Lessors, as of the date of such certificate, to be
prepared at Lessors’ expense, stating whether or not Lessee is in possession of the Premises;
whether or not this Lease is unmodified and in full force and effect; whether or not there are then
existing any setoffs or defenses against the enforcement of any right or remedy of Lessors known
to Lessee at that time; the dates, if any, to which any rent or other charges have been paid in
advance; that Lessee has no knowledge of any then uncured defaults on the part of the Lessors
under this Lease or if Lessee has knowledge of any such uncured defaults, specifying the same;
that Lessee has no knowledge of any event having occurred that authorizes the termination of
this Lease by Lessee; and the address to which notices to Lessee should be sent. Further,
Lessors agree to provide an estoppel certificate covering the same items to Lessee or other
28
person designated by Lessee without charge, within ten (10) days of Lessee’s request for the
same.
24. NOTICES. Any notice which either party may or is required to give shall be given by mailing the
same, postage prepaid, to the following and, unless otherwise provided for herein, shall be deemed
given as of the date postmarked in the United States mail to the following addresses or at such other
addresses as are specified by written notice delivered in accordance herewith.
To Lessee: Russell J. Bell
Managing Director
Silvercrest Asset Management Group LLC
614 East High Street
Charlottesville, VA 22902
To Lessors: City of Charlottesville, Virginia
City Hall, 601 East Market Street
P.O. Box 911
Charlottesville, VA 22902
Attn: Gary O’Connell, City Manager
and
County of Albemarle, Virginia
County Office Building
401 McIntire Road
Charlottesville, VA 22902
Attn: Robert W. Tucker, Jr., County Executive
with a copy to: S. Craig Brown, Charlottesville City Attorney
City Hall, 601 East Market Street
P.O. Box 911
Charlottesville, VA 22902
and
Larry W. Davis, Albemarle County Attorney
County Office Building
401 McIntire Road
Charlottesville, VA 22902
25. HEIRS, ASSIGNS AND SUCCESSORS. This Lease is binding upon and inures to the benefit of
the heirs, assigns and successors in interest to the parties.
26. SUBORDINATION. This Lease is and shall be subordinated to all existing and future liens and
encumbrances against the property.
27. NONAPPROPRIATION. This Lease is subject to the approval, ratification and annual
appropriations by the County of Albemarle Board of Supervisors and the City of Charlottesville
City Council of the necessary money to fund the obligations of the Lessors under the Lease for
succeeding fiscal years. Should either or both of the governing bodies fail to appropriate
necessary funding, the Lessors shall promptly give notice of such nonappropriation to Lessee and
may terminate this Lease without incurring any penalty, liability or additional costs whatsoever.
28. COMMISSIONS. Lessors and Lessee agree that no real estate agent or company has provided
services in connection with this Lease, and each party hereto agrees to hold the other harmless
from any claim made for a commission in connection with this Lease.
29
29. ENTIRE AGREEMENT AND AMENDMENTS. This Lease represents the entire agreement
between the parties, and may only be amended by written addendum executed by authorized
representatives of both the Lessors and the Lessee.
30. APPLICABLE LAW. This Lease shall be governed by the laws of the Commonwealth of Virginia.
31. FISCAL AGENT. As set forth in that certain Agreement dated July 20, 2004, between the
City of Charlottesville (the “City”) and the County of Albemarle (the “County”), attached hereto as
Exhibit C, the City shall serve as the Fiscal Agent for the Lessors under this Lease, and the
Lessee shall have the benefit of the provisions of said Agreement as it relates to the Property
herein. The City shall be the recipient of all rents or other monies due.
WITNESS the following authorized signatures and seals, all as of the day and year first herein above
written.
LESSEE:
SILVERCREST ASSET MANAGEMENT GROUP, LLC
________________________________
Russell J. Bell
Managing Director
LESSORS:
CITY OF CHARLOTTESVILLE
BY: ________________________________
Gary B. O’Connell, City Manager
COUNTY OF ALBEMARLE
BY: ________________________________
Robert W. Tucker, Jr., County Executive
30
ATTACHMENT 10
SP-2005-013. Hollymead Swim Club (Sign #67). Request for swim, golf, tennis or similar fac,
to allow membership to swimming pool from outside of Hollymead Planned Unit Development in accord
w/Secs 20.4.2.1, 22.2.2.6, 18.2.2.4 & 5.1.16 of the Zoning Ord which allow for swim, golf, tennis & similar
facs. TM 46B2, Sec 2, P A contains 17 acs. Znd Hollymead PUD. Loc at 2000 Hollymead Dr in
Hollymead development. Rivanna Dist.
1. Family memberships, including residents of the Hollymead PUD, shall not exceed four
hundred sixty-six (466); and
2. Prior to the issuance of a Zoning Clearance for the commercial swim club, the applicant shall
provide sight distance at the entrance/exit to the property onto Hollymead Drive to the
satisfaction of the Virginia Department of Transportation.
__________
SP-2004-032. St. Nicholas Orthodox Church (Sign #34). Request for church use to be
established on a 4.45 acs in accord w/Sec 18.10.2.2.35 of the Zoning Ord. TM 70, P 12A. Znd RA & EC.
Loc on St Rt 250 (7581 Rockfish Gap Turnpike), approx .5 mls W of intersec of St Rt 691 (Greenwood
Rd) & Rt 250. White Hall Dist.
1. The site shall be developed in general accord with the plan entitled “Application Plan-SP- 2004-
0032”, prepared by Blackwell Engineering, PLC, revised July 2005;
2. The area of assembly shall be limited to one hundred (100)-seat sanctuary;
3. There shall be no day care center or private school on site without approval of a separate
special use permit;
4. The applicants shall secure VDOT approval of the entrance from Route 250, prior to the
issuance of a zoning clearance for church use of the site; and
5. No building expansions are permitted without prior approval of a new special use permit.
__________
SP-2004-053. Wildon Grove Baptist Church (Sign #33). - Request for church to allow bld
addition, in accord w/Sec 18.2.2.35 of the Zoning Ord which allows for church uses in the RA. TM 36, P
22, contains approx 1 ac. Znd RA. Loc at 6820 Wildon Grove Rd (Rt 645), which is approx 1.5 mls SW of
intersec of Rt 645 (Magnolia Rd) & Rt 608 (Happy Creek Rd), approx 2 mls S of the Albemarle/Orange
County line. Rivanna Dist.
1. The site shall be developed in general accord with the plan entitled “Application Plan for Special
Use Permit 2004-53,” revised June 13, 2005;
2. The area of assembly shall be limited to the existing ninety-four (94)-seat sanctuary;
3. There shall be no day care center or private school on site without approval of a separate
special use permit; and
4. The church shall make the property available for documentation of the fellowship hall building
(as labeled on the Application Plan Attachment B) by an architectural historian or other person
approved by staff, prior to proceeding with removal.
__________
SP-2004-055. Walgreens (Signs #52,63,96) Request to operate two-lane, drive-thru fac
associated w/pharmacy on approx 1.78 acs, in accord w/Sec 24.2.2.13 of the Zoning Ord. TM 32, P 37C.
Znd HC & EC. Loc at SE corner of intersec of Rt 29 (Seminole Trail) & Rt 649 (Proffit Rd). Rivanna Dist.
1. The site shall be constructed in general accordance with the preliminary site plan entitled
“Walgreens”, issue date of 7/13/05 and initialed Y.Q.A. dated 7/15/05;
2. Signage and pavement markings shall be provided at the entrance and exit points of the drive-
through lane, subject to Current Development Division engineering approval to ensure
appropriate and safe travel patterns; and
3. Landscaping beyond that outlined in the ARB Design Guidelines is required to mitigate the
impacts of the site layout. Landscaping shall be provided to the satisfaction of the ARB.