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ACTIONS
Board of Supervisors Meeting of July 11, 2007
July 12, 2007
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:02 a.m., by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan, and Meagan Hoy.
4. From the Board: Matters Not Listed on the Agenda.
David Slutzky:
• Inquired about a previous request that the
County, City and UVA form a Housing Advisory
Committee. Mr. Boyd advised there is a joint
meeting of City and County representatives
scheduled for July 12th to discuss affordable
housing. He will report back to the Board the
outcome of that meeting.
Dennis Rooker:
• Handed out a copy of the US Cool Cities
Climate Stabilization Declaration. Suggested
that the County adopt the declaration or
something similar.
• Handed out a copy of a report from Betty Black
of the Community Mobility Committee which
outlined specific recommendations regarding
transit. Provided a copy to Juan Wade,
Transportation Planner, to review the
recommendations.
• Updated the Board on the Jefferson Institute for
Life Long Learning (JILL) proposal at Albemarle
High School. Mr. Tucker said this item is
scheduled for discussion on the Board’s August
1, 2007 agenda.
Sally Thomas:
• Thanked Ann and Dennis Rooker for hosting
the dinner for the Italian visitors, and thanked
Meagan Hoy, Diane Mullins, and Lee Catlin for
their efforts with gifts and coordination. The
Italian visitors would like to see more student
exchanges and tourism exchanges.
• The ACE Committee is encouraging Board
members to attend the photo exhibit on July 27,
2007. She added that they have more
applicants than they have money.
Lindsay Dorrier:
• He met with representatives of IMPACT, and
discussed public transit. Mr. Slutzky and Mr.
Rooker advised that TJPDC and the MPO are
taking a regional look at transit. Mr. Slutzky
added that IMPACT’s agenda has been
focused on in the MPO context.
5. From the Public: Matters not Listed on the Agenda.
• Susan Pleiss, of IMPACT, spoke regarding item
6.5 on the consent agenda. She suggested
options to use the transit funding.
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• Allison Mitchell, a resident of Gilbert Station
Road, asked that VDoT pave the .4 miles of
loose gravel road between the two paved
sections of Gilbert Station Road, and to
consider adding speed limit signage.
• Tom Twomey, of IMPACT, said there is a deficit
of affordable housing in this community. He
asked that UVA, the City and the County work
together to develop an affordable housing
solution.
• Paul Newland, Robert Oversteet, George
Ackerman, John Mallard, Greg Kane, Jay
Sanderford, Al Dougherty, Steven Meeks, Mimi
Tornrose, Jeff Werner, Dominick Hauslack, and
Palmer Birtch, spoke concerning the closure of
the Advance Mills Bridge.
• John Martin, of Free Union, expressed
concerns about water and waste water
infrastructure. He suggested the four boards
come together to discuss the problem.
6.2 FY 2007 Budget Appropriations.
• APPROVED the FY 2007 Appropriations
#2007087 and #20070088.
Clerk: Forward copy of signed appropriation
forms to OMB, Finance and appropriate
individuals.
6.3 FY 2008 Budget Appropriations.
• APPROVED the FY 2008 Appropriations
#2008001, #2008002, #2008003, #2008004
and #2008005.
Clerk: Forward copy of signed appropriation
forms to OMB, Finance and appropriate
individuals.
6.4 CPA-2007-003, Green Building and Sustain-
ability Amendment.
• ADOPTED CPA-2007-003.
(Attachment 1)
Clerk: Set out adopted language.
6.5 Charlottesville Transit Service Recommendation for
Use of Additional Transit Funding.
• APPROVED the use of the additional $250,000
allocated in the FY07/08 budget for funding 1)
Route 2B serving the Fifth Street area, and 2)
improving service frequency on Route 5 from
every 45 minutes to every 30 minutes between
Barracks Road Shopping Center and Wal-Mart;
and REQUESTED staff to pursue the Job
Access Reverse Commute grant which may
enable the County to provide night service later
in the year.
Juan Wade/David Benish: Proceed as
approved.
6.5 Resolution of the Industrial Development Authority
authorizing the issuance of revenue bonds,
pursuant to the Industrial Development and
Revenue Bond Act, in an amount not to exceed
$18,000,000 for the Jefferson Scholars Foundation.
• ADOPTED the attached resolution.
(Attachment 2)
Clerk: Forward copy of signed resolution to
Bond Counsel.
7a. Advance Mill Bridge (Route 743), Replacement
Bridge Proposal.
• DIRECTED VDoT to move forward with
pursuing permission to remove the temporary
structure, report back to this Board, at which
time this Board will make a decision prior to
VDoT beginning any work to remove the
structure itself. VDoT is also directed to bring
back a response from DHR regarding the
historical significant and implications.
VDoT: Proceed as directed.
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7b. VDOT Monthly Report.
• RECEIVED.
7c. Transportation Matters not Listed on the Agenda.
Sally Thomas
• Thanked VDoT representatives for the handling
of White Mountain Road. VDoT will continue
maintenance on the road, and there will be a
study to develop possible alternatives.
Dennis Rooker:
• The pavement on Old Ivy Road is in very bad
condition.
• As Garth Road is repaved, it would be nice to
see extra width added to the shoulder.
David Slutzky:
• Expressed concerns about the Quarry on Rio
Mills Road. Mr. Rooker requested a staff report
on the issue.
Ken Boyd:
• Said he would like to see Gilbert Station Road
improved. Mr. Sumptner said they will study
this issue to see what can be done.
David Wyant:
• Asked VDoT to looking into adding Wesley
Chapel, Route 806, to the Rural Rustic Roads
Program.
Clerk: Forward comments to VDOT.
8. Presentation: The Wildlife Foundation.
• RECEIVED. DIRECTED staff to add
information to the County Web Page to help
promote this area. DIRECTED Pat Mullaney to
engage in a conversation with the Foundation
so the County can promote the use of the
facility.
Lee Catlin/Pat Mullaney: Proceed as directed.
9. Thomas Jefferson Partnership for Economic
Development Performance Review.
• APPROVED joining TJPED for one year;
• As part of the Memorandum of Understanding,
under the section for “New Businesses, modify
Bullet #2 to read: “Encourage the employment
of local workers rather than the hiring and
relocating people from outside the region with
an emphasis on jobs that meet poverty-related
needs.” Modify Bullet #5 to read: “Assist
County staff in formulating mechanisms that
help implement the County’s Comprehensive
Plan, as well as its Master Plans, Strategic Plan
and traffic management strategies.”
• Approval is also contingent upon TJPED not
appearing before the Board of Supervisors or
the Planning Commission either in person, or in
writing, in support or in opposition of any
application pending before those bodies.
Susan Stimart: Notify appropriate individuals
with TJPED.
10. 2008 Legislative Priorities.
• APPROVED the proposed 2008 Legislative
Priorities for submission to VACo and the
TJPDC, adding a reference to funding
mandated human services positions.
(Attachment 3)
Andy Bowman: Forward to appropriate
individuals.
11. Appeal: SDP 2006-071 Gillispie – Preliminary
Site Plan – Critical Slopes Waiver/Curb and
John Shepherd: Notify applicant.
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Gutter Request,
• APPROVED, by a vote of 6:0, the requested
waiver, with the condition that one of the central
units be eliminated from the site plan.
12. Closed Session.
• At 1:02 p.m., the Board went into closed
session to consider an administrative evalua-
tion and appointments to Boards, Committees,
and Commissions, and to consult with Legal
Counsel and staff regarding specific matters
requiring legal advice relating to an information
technology agreement, and to consult with
Legal Counsel and staff regarding pending
litigation regarding a law enforcement incident.
13. Certify Closed Session.
• At 2:46 p.m., the Board reconvened into open
session and certified the closed session.
14. Appointments.
• APPOINTED Bradford Cogan to the
Agricultural and Forestal District Advisory
Committee, with said term to expire April 17,
2011.
• APPOINTED David Callihan to the Acquisition
of Conservation Easements Committee, to fill
the unexpired term of Jay Fennell, with said
term to expire on August 1, 2009.
• APPOINTED Jeff Werner to the Fiscal Impact
Advisory Committee, with said term to expire
July 8, 2009.
• APPOINTED Donald Byers, as the joint
City/County appointee to the Jail Authority, with
said term to expire June 30, 2010, subject to
approval by City Council.
• APPOINTED Richard Jennings to the Pantops
Community Advisory Council.
• REAPPOINTED Edith (Winx) Lawrence to the
Commission on Children and Families, as the
University of Virginia representative.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
update webpage, and notify appropriate
persons.
15. Appeal: SDP-2006-081. Black Cat Road Service
Station Preliminary Site Plan Waiver Requests.
• DEFERRED indefinitely the appeal of SDP-
2006-081
David Pennock: Notify applicant of deferral
date.
16. Amendment to Lewis and Clark Center Lease
Agreement.
• AUTHORIZED the County Executive to sign, on
behalf of the County, an amended lease
agreement with the Lewis and Clark Explora-
tory Center substantially in accord with the
attached lease agreement and approved by the
County Attorney.
(Attachment 4)
County Attorney’s office: Circulate document
for appropriate signatures and provide Clerk’s
office with copy of fully executed agreement.
17. To consider granting to the City of Charlottesville
Gas Division a gas line easement on North
Berkshire Road Extended.
• APPROVED the proposed easement and
AUTHORIZED the County Executive to sign the
deed of easement on behalf of the County.
(Attachment 5)
County Attorney’s office: Circulate document
for appropriate signatures and provide Clerk’s
office with copy of fully executed agreement.
18. SP-2007-11. Oak Ridge Church Picnic Pavilion
(Sign # 103).
(Attachment 6)
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• APPROVED SP-2007-11, by a vote of 6:0,
subject to five conditions.
Clerk: Set out conditions of approval.
19. SP-2007-16. Mt. Alto Church Amendment (Sign #
109).
• APPROVED SP-2007-16, by a vote of 6:0,
subject to five conditions.
(Attachment 6)
Clerk: Set out conditions of approval.
20. SP-2007-10. Cutright - Development Right
(Signs #111, 112).
• DEFERRED indefinitely SP-2007-10, by a
vote of 6:0, for further review by the staff and
applicant.
Joan McDowell: Notify Clerk’s office when
special permit ready to come back before
Board.
21. SP-2007-014. The Rocks Subdivision (Lot 1)
(Signs #107,108).
• APPROVED SP-2007-14, by a vote of 6:0,
subject to the 20 conditions recommended by
the Planning Commission.
(Attachment 6)
Clerk: Set out conditions of approval.
22. ZTA-2007-002 – Proffers.
• ADOPTED, by a vote of 6:0, the attached
Ordinance which will enable the County to
accept proffers under Virginia Code Sec 15.2-
2303.
(Attachment 7)
Clerk: Forward signed copy of adopted
ordinance to County Attorney’s office, Zoning
and Community Development.
23. AFD-2007-001.
• ADOPTED, by a vote of 6:0, the attached
Ordinance.
(Attachment 8)
Clerk: Forward signed copy of adopted
ordinance to County Attorney’s office and
Community Development. Prepare letter to
new additions in the District.
24. CPA-2005-02, Growth Management Policy
Update.
• ADOPTED, by a vote of 6:0, CPA-2005-02.
(Attachment 9)
Clerk: Set out adopted language in proposed
sections.
25. Work Session: ZMA-2005-17. Biscuit Run.
• HELD.
• SCHEDULED additional work session for the
afternoon of August 8, 2007 to continue
discussions on proffers and transportation
issues.
Clerk: Schedule work session on August 8 and
public hearing on September 12, 2007
26. From the Board: Committee Reports.
• ADOPTED Resolution to set FY 2008
Compensation and Benefits for the County
Executive.
27. Adjourn.
• The meeting was adjourned at 7:18 p.m.
/ewc
Attachment 1 – CPA-2007-003, Green Building and Sustainability Amendment
Attachment 2 – IDA Resolution - Jefferson Scholars Foundation.
Attachment 3 – 2008 Legislative Priorities
Attachment 4 – Lewis and Clark Center Lease Agreement.
Attachment 5 – Deed of Easement - North Berkshire Road Extended.
Attachment 6 – Conditions on Planning items
Attachment 7 – Ordinance - ZTA-2007-002 – Proffers
Attachment 8 – Ordinance - AFD-2007-001.
Attachment 9 – CPA-2005-02, Growth Management Policy Update.
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ATTACHMENT 1
Sustainable Design in Buildings and Planning
In September 2006, as a response to interest in green building among Board and Planning Commission
officials, from citizens, and continued pursuits by staff regarding sustainability, the Board directed Staff to
develop strategies to increase sustainability and expand the County’s commitment to implementing and
supporting the Accords.
Nearly ten years old, the Sustainability Accords increase in relevance with the expanded understanding of
the potential local and regional results of global climate change. The Accords are furthered through
applying specific green building objectives and strategies to the construction, planning, and renovation of
County facilities. Increasingly, green buildings are proving to be ideal learning and productive work
environments that generate less airborne carbon associated with climate change. Decreased utility
outlays associated with green buildings allow more revenue to be retained each year to further the
County’s Strategic Plan.
To Implement the Thomas Jefferson Sustainability Council’s Statements of Accord, to promote green
building and to protect the fiscal and civic health of the community generally, the County establishes the
following Objectives and Strategies for green building, site design, innovation, grants and incentives,
education, and preparedness.
The Strategies support the County’s EnergyStar Courthouse partnership, initiated by the County
Executive in 2006, through reducing daily energy use with technology, awareness, and systematic
elimination of inefficient facilities and systems.
To achieve a high level of knowledge of green building and environmental issues, the strategies
encourage and support citizens and developers toward furthering the Sustainability Accords with
educational support and public outreach. An aligned effort seeks to reduce collective demand and
dependence on costly conventional energy sources that have negative environmental impacts.
INTERNAL OPERATIONS AND MANAGEMENT
Strategy: Participate in the EnergyStar Courthouse Campaign (ESCC) to reduce local government’s
consumption of energy. (Begun 12/06 by County Executive)
Strategy: In keeping with (ESCC), create a policy for County buildings and operations to reduce energy
consumption by 30% in keeping with EnergyStar guidelines.
Strategy: For new County projects, perform energy modeling during the design-development phase to
assess long-term economic benefits of green upgrades.
Strategy: Achieve LEED basic level certification on new public buildings so long as planning and
energy modeling determine that the upfront expense does not unreasonably exceed the
long-term savings.
Strategy: Develop and adopt criteria (e.g. square footage / project cost) for pursuing LEED certification
for new construction.
Strategy: Recognize and respond to the significant role that site characteristics play in sustainable
design.
Strategy: Locate and apply for grants related to improving the energy efficiency and environmental
aspects of existing or proposed County facilities. Actively pursue EnergyStar tax credits.
Strategy: Investigate and pursue the purchase of energy credits for renewable energy.
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ADVANCE SUSTAINABILITY WITHIN THE DEVELOPMENT COMMUNITY
Strategy: Offer, facilitate, and/or support green building training for builders and provide information on
programs and organizations which will help facilitate this strategy.
Strategy: Engage Blue Ridge Home Builders Association and other similar local groups in conjunction
with local government legislative issues.
Strategy: Make changes to the Zoning Ordinance to insure it does not create obstacles to green
building.
Strategy: Assist developers in locating and applying for EnergyStar tax credits for energy efficient
projects..
Strategy: Encourage builders and developers to seek LEED, Earthcraft, EnergyStar or other
comparable certifications.
ADVANCE SUSTAINABILITY AMONG RESIDENTS
Strategy: Develop and maintain links and/or pages on the County website that provide information and
strategies to help residents reduce their consumption of resources and resulting pollution.
Strategy: Assist residents in locating and applying for EnergyStar tax credits for energy efficient
projects.
CONTINUE RESEARCH AND UPDATES TO THE COMPREHENSIVE PLAN
Strategy: Continue investigating aggressive and viable strategies for green building, energy efficiency,
and the following:
- Recycling
- Alternative Energy
- Local Food Production
- Protection of Water Resources
- More efficient Wastewater Treatment
- Enhanced Transit, Sidewalks, Bicycle Facilities, Trails and Greenways
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ATTACHMENT 2
RESOLUTION OF THE
BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA
WHEREAS, Jefferson Scholars Foundation (the “Foundation”), a Virginia not-for-profit
corporation (the “Foundation”), has requested the Industrial Development Authority of Albemarle County,
Virginia (the “Authority”), to issue its revenue bonds (the “Bonds”), pursuant to the Industrial Development
and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the “Act”), in an
amount now estimated at $18,000,000; and
WHEREAS, the proceeds of the Bonds will be used to (1) assist the Foundation in financing or
refinancing the acquisition, construction and equipping of its corporate office headquarters and Graduate
Fellowship Center (the “Project”) to be located at 108, 112, 114 and 124 Maury Avenue and 110 Clarke
Court, Charlottesville, Virginia, and (2) pay costs of issuing the Bonds; and
WHEREAS, the Authority, on June 12, 2007, held a public hearing on the issuance of the Bonds;
and
WHEREAS, Section 147(f) of the Internal Revenue Code, as amended (the “Code”), and Section
15.2-4906 of the Act require that the governmental unit on behalf of which the Authority will issue the
Bonds approve the issuance of such bonds; and
WHEREAS, the Foundation has requested the Board of Supervisors of Albemarle County,
Virginia (the “Board”), to approve the issuance of the Bonds to comply with Section 15.2-4906 of the Act
and Section 147(f) of the Code; and
WHEREAS, a copy of the Authority’s resolution of June 12, 2007, approving issuance of the
Bonds, a record of the public hearing and a fiscal impact statement with respect to the issuance of the
Bonds have been filed with the Board; and
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds to
comply with Section 147(f) of the Code and Section 15.2-4906 of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA:
1. The Board hereby 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 15.2-4906 of the Act.
2. The approval of the issuance of the Bonds does not constitute an endorsement of the
Bonds or the creditworthiness of the Foundation. The Bonds shall provide that neither Albemarle County,
Virginia, nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs
incident thereto except from revenues and moneys pledged therefor, and neither the faith and credit nor
the taxing power of the Commonwealth of Virginia, Albemarle County, Virginia, or the Authority shall be
pledged thereto.
3. All acts and doings of the officers and members of the Board that are in conformity with
the purposes and intent of this resolution shall be, and the same hereby are, in all respects approved and
confirmed.
4. This resolution shall take effect immediately upon its adoption.
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ATTACHMENT 3
Albemarle County 2008 Legislative Priorities - Adopted
Growth Management, Land Use and Transportation
• Local Authority: Request that the legislature further facilitate the HB 3202 legislation recently
signed into law through: 1) Modifying the transportation impact fee authority to allow for its more
effective implementation; 2) Strengthening localities’ authority by enabling them to
utilize adequate public facilities ordinances and other impact fees in addition to transportation;
and 3) Not passing legislation that preempts or circumvents existing local authority to regulate
land use.
• Conservation Easements: Request the legislature support and augment local efforts in natural
resource protection through 1) Continuing to fund the Virginia Land Conservation Foundation
(VLCF) for locally established and funded Purchase of Development Rights programs (e.g. ACE
Program in Albemarle County); 2) Retaining current provisions in transient occupancy tax
legislation so that funds can continue to be used to protect open-space and resources of
historical, cultural, ecological and scenic value that attract tourism; and 3) Increase incentives for
citizens to create conservation easements.
• Scenic Protection and Tourist Enhancement: Request enabling legislation for an Albemarle
County pilot program to provide for a scenic protection and tourist enhancement overlay district.
As the County pursues options to protect the visual quality of land as an aesthetic and economic
resource, this legislation would provide the County with a method to ensure full consideration of
visual resources and scenic areas when the County or state makes land use decisions in
designated areas.
• Transportation Funding: Request the legislature 1) Establish stable and consistent state
revenues for Virginia’s long-term transportation infrastructure needs; 2) direct funding efforts at all
transportation modes; 3) Coordinate planning for transportation and land use, being mindful of
local Comprehensive and regional Transportation Plans when planning transportation systems
within a locality; and 4) Not shift transportation responsibilities, including maintenance, to
localities.
Health and Human Services
• Comprehensive Services Act (CSA): Request the legislature assist localities’ implementation of
CSA in a consistent, financially stable manner by: 1) Fully funding the state pool for CSA with
allocations based on realistic anticipated levels of need and a cap on local expenditures for
serving a child through CSA; 2) Enhancing state funding for grants to localities to create
community-based alternatives for children served in CSA; 3) Establishing state contracts with
CSA providers to provide for a uniform contract management process, improve vendor
accountability and control costs; and 4) Encouraging the state to be proactive in making service
providers available and to support local and regional efforts to address areas of cost sharing
among localities by procuring services through group negotiation.
• Child Care for Low Income Working Families: Request the legislature provide additional funds
to local governments to assist low-income working families with childcare costs. This funding
helps working-class parents pay for supervised day care facilities and supports efforts for families
to become self-sufficient.
Local Government Administration / Laws
• Full Funding of State Mandates: Request the state provide full funding for its mandates in all
areas of local government including the Standards of Quality (SOQs), positions approved by the
Compensation Board, costs related to jails and juvenile detention centers and human services
positions.
• Local Control of Local Revenues: Request the legislature take no action to restrict or limit the
existing local control of local revenues so that local government leaders can take appropriate
measures to generate sufficient revenues to sustain and improve services.
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• Cost to Compete Pay Differential: Due to the documented high cost of living in Albemarle
County, request the legislature include Albemarle County Schools in the “Cost to Compete Pay
Differential” so that the County may reach and maintain competitive compensation to help recruit,
develop and retain a highly qualified and diverse teacher workforce.
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ATTACHMENT 4
AMENDED AGREEMENT OF LEASE
THIS AMENDED LEASE AGREEMENT is made as of the ____ day of ____________, 2007, by and
between the COUNTY OF ALBEMARLE, (“the County”), a political subdivision of the Commonwealth of
Virginia, and the CITY OF CHARLOTTESVILLE, (“the City”) a municipal corporation (“County and City”)
and THE LEWIS & CLARK EXPLORATORY CENTER OF VIRGINIA, INC. (“Tenant”).
W I T N E S S E T H :
ARTICLE I. FACTUAL BACKGROUND
Section 1.1. The Lewis & Clark Expedition, one of America’s greatest adventures, began in
Charlottesville-Albemarle at Monticello, where President Thomas Jefferson and Meriwether Lewis
planned the trip west.
Section 1.2. Both Thomas Jefferson and Meriwether Lewis are Albemarle natives; William Clark and
his family were Central Virginians who had lived in Albemarle, where his older brother and mentor George
Rogers Clark was born.
Section 1.3. Jefferson’s homeland of Charlottesville-Albemarle County is uniquely suited for visitors to
explore and discover the Corps of Discovery and Jefferson, Lewis and Clark, and also the geography,
plants, wildlife and Native American cultures that comprised the nation at the beginning of the 19th
Century.
Section 1.4. Tenant is a Virginia non-stock corporation.
Section 1.5. The northern end of Darden Towe Park along the Rivanna River, which connects with the
George Rogers Clark birthplace, is uniquely situated to provide a premier site for the Facility.
Section 1.6. The property at the northern end of Darden Towe is also located along the Southwest
Mountains and historic Route 20, which connect the homes of Thomas Jefferson, James Madison and
James Monroe, as well as other early Virginia explorers such as Dr. Thomas Walker.
Section 1.7. The Facility will complement the visitor experience at Monticello, the University of
Virginia, Ashlawn-Highland and other important Central Virginia attractions and enhance our
communities’ connection with the Rivanna River. It will also commemorate both the Lewis & Clark
Expedition and George Rogers Clark, the conqueror of the old Northwest Territory.
Section 1.8. The Facility will be designed in a manner that is environmentally and esthetically
sensitive and developed in a manner to enhance the natural beauty of both the Rivanna River and
Darden Towe Park.
Section 1.9. This Amended Agreement of Lease shall supersede the Agreement of Lease among the
parties dated July 1, 2003.
ARTICLE II. PREMISES.
Section 2.1. Premises. In consideration of the rents and covenants herein set forth, the
County and City hereby lease to the Tenant, and the Tenant hereby rents from the County and City, the
property shown as cross-hatched on Schedule A attached hereto and made a part hereof together with
any and all improvements thereon (the "Leased Premises").
Section 2.1.1. Lease Boundary Line. The boundary line between the Leased premises and the
remainder of Darden Towe Park shall be as shown on Schedule A. Through October 31, 2011, the
Leased Premises shall include the barn and the area immediately surrounding (the ‘Barn Area,’ as shown
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on the attached Schedule A). During such time, the County and the City shall have the continued right to
store equipment and materials in the left bay of the barn and at the rear of the barn, and the right to
access these areas. Thereafter, the Leased Premises shall no longer include the Barn Area.
Section 2.1.2 Dog Run. Tenant shall, at its expense, relocate and or replace the dog run fencing
on the County and City property as approved by the County Director of Parks and Recreation to maintain
the same overall square footage should the entrance road require such relocations.
Section 2.2. Tenant Access. Vehicular access to the Leased Premises shall be along and
across a new 20-foot wide road as shown on Schedule A. Tenant shall be responsible for construction of
the new road, as well as any improvements required by the County to be made to the existing road.
Tenant’s use of the 20-foot road shall be limited to times when Darden Towe Park is open, except as
otherwise agreed with the Darden Towe Park staff.
Tenant shall construct and maintain the 20-foot road in its entirety, and any fencing, in
compliance with County of Albemarle Special Use Permit No. SP-2004-004. For purposes of this
instrument, Tenant’s maintenance obligation includes the maintenance of the private streets or alleys,
and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges, and other private street
improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the
private street or alley reasonably open for usage by all vehicles, including emergency services vehicles.
The Tenant shall install between the 20-foot road and any playing field a fence, which shall be a board
fence forty-two inches (42”) high with evenly spaced horizontal boards each of six inches (6”) of nominal
width.
Tenant shall also construct all new sections of the relocated cross-country trail on the Leased Premises
as shown on Schedule A with the final exact location to be approved by County Director of Parks and
Recreation.
Section 2.3. County and City access. The Tenant grants to the County and the City
reasonable access for ingress and egress across and through the Leased Premises.
Section 2.4. Greenway Trail. The County and City reserve to themselves access to a
variable-width strip along the Rivanna River for a pedestrian greenway trail which includes the right to
connect such trail to a pedestrian bridge crossing the Rivanna River from the Leased Premises.
Section 2.5. Construction of a State Highway or Other Public Transportation Purpose. The
County and City reserve the right to withdraw a portion of the Leased Premises without compensation to
the Tenant, as necessary for the construction of a state highway or for any other public transportation
purpose. The County and City further reserve the right to withdraw any portion of the Leased Premises
not improved as of July 1, 2008, or used in support of then-existing improvements.
Section 2.6. Rivanna Watershed Center The Tenant agrees to provide a portion of
the Leased Premises for use by the Rivanna Watershed Center subject to pre approval by the county and
city. Any costs associated by said use to be borne by the Rivanna Watershed Center.
Section 2.7 Overflow Parking. Any parking constructed on the leased Premises shall be
available for users of Darden Towe Park, unless the Tenant is holding a designated special event or
festival for which it may reasonably reserve parking. The County, the City, and the Tenant shall work
cooperatively in managing parking issues during a special event or festival.
ARTICLE III. TERM.
The term of this lease shall commence as of 12:01 a.m. on July 1, 2003 (the "Date of Commencement")
and shall expire at 12:00 midnight on June 30, 2043, unless sooner terminated or extended as provided
herein. The term "Lease Year" as used herein shall mean the period from July 1of any year to June 30 of
the following year.
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ARTICLE IV. RENT.
Commencing July 1, 2003, the Tenant agrees to pay to the County and City "Annual Rent" of $10.00 per
lease year payable annually on or about July 1 of each year.
ARTICLE V. USE OF PROPERTY.
Section 5.1. Permitted Use. The Tenant shall have the right to use the Leased Premises as a
‘Historical Center’ as defined in Albemarle County Code §18-5.1.42, and for no other purposes without
the County’s and City's consent.
Section 5.2. Commercial Promotion and Advertising. The Tenant shall not promote commercial
businesses or corporations in outside signage on the Leased Premises or in advertising circulated to the
general public except with prior written consent of the County and the City.
ARTICLE VI. DEVELOPMENT, IMPROVEMENTS AND SIGNAGE.
Section 6.1. Development by Tenant. No improvements of any kind, including roadways and
parking areas, shall be made to the Leased Premises except with the County and City’s prior written
consent both as to the improvements and as to the contractors and subcontractors performing the work.
Section 6.2. Compliance with County, State and Federal Law. No improvements shall be
undertaken on the Leased Premises unless and until the Tenant shall have obtained any and all local,
state and federal governmental approvals and permits, and all such improvement shall be undertaken in
strict compliance with all County, state and federal rules, regulations and laws.
Section 6.3 Removal of Improvements. Upon the expiration or sooner termination of this Lease, the
County and City shall have the option (exercisable upon sixty (60) days notice to the Tenant except in the
case of a termination of this Lease due to a default by the Tenant, in which case no such notice shall be
required) to require the Tenant to remove, at Tenant’s sole cost and expense, any and all improvements
made by the Tenant to the Leased Premises which have not been made with the County and City's
consent or approval, in violation of Section 6.1 hereof, or to elect to keep such improvements as the
County and City’s property. In the event the Tenant is required to remove any improvements, (i) the
Tenant shall be responsible for the restoration of the Leased Premises to their prior condition, and (ii) if
the Tenant fails to properly restore the Leased Premises, the County and City may perform the same at
the Tenant’s cost and expense.
Section 6.4 No Liens. The Tenant shall permit no mechanic's liens, materialmen's liens or other
statutory liens to attach to the Leased Premises as a result of any alterations, improvements, additions or
repairs performed by the Tenant or at the Tenant’s direction. If any such lien or notice of lien rights shall
be filed with respect to the Leased Premises, the Tenant shall immediately take such steps as may be
necessary to have such lien released, and shall permit no further work to be performed at the Leased
Premises until such release has been accomplished.
Section 6.5. Bond for Improvements. The County and City may require the Tenant to provide a bond,
surety or other security prior to the commencement of any work on any improvements to the Leased
Premises to assure that any such improvements are completed in a timely and workmanlike manner.
Section 6.6. Signage. The Tenant shall have the right to place signs on the interior or exterior of the
Leased Premises only in conformity with all local regulations and with the prior written approval of the
County and City that shall not be unreasonably withheld. Signs in existence on the date of this Lease are
approved.
ARTICLE VII. MAINTENANCE OF LEASED PREMISES.
Section 7.1. Maintenance by Tenant. The Tenant shall, at its own cost and expense during the term
of this Lease, maintain and keep in good order and repair the entire Leased Premises, whether improved
or unimproved, including but not limited to any roadways, trails, and water courses, the exterior and
interior of the Facility, including but not limited to, roof, doors, windows, all plumbing fixtures, mechanical
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and electrical systems and any additional improvements placed upon the Leased Premises, including the
parking lot, and covenants to keep the same in good condition and to return the Leased Premises to the
Lessors at the termination of this Lease in as good condition after the improvement thereof by the Tenant,
ordinary wear and acts of God not customarily insurable excepted. It is clearly understood and agreed
that during the term of this Lease, the Tenant at its own expense shall furnish and maintain to meet its
requirements, all fixtures and equipment (including all food service equipment and heating, ventilation and
air conditioning equipment) for the Leased Premises. As part of its duty to maintain and keep the
premises in good repair, the Tenant shall protect the water pipes in the Leased Premises from freezing
and the drain pipes from becoming clogged, and shall bear the cost of repairs arising from the misuse or
negligence of those using them, and that it shall replace all glass, including plate glass, broken during
said term. The Tenant agrees to abide by any duly-adopted policies, present or future, governing the use
of pesticides, cleaners or other products at Darden Towe Park.
Section 7.2. Fire Protection. As part of its maintenance responsibilities, the Tenant agrees to comply
fully with any and all City, County and other applicable governmental laws, regulations and ordinances,
limiting and regulating the use, occupancy or enjoyment of said Leased Premises; to comply with the
Virginia Uniform Statewide Building Codes (BOCA) and the Virginia State Fire Safety regulations; and to
maintain appropriate fire extinguishers on the Leased Premises.
Section 7.3. Surrender of Leased Premises. At the expiration of the tenancy hereby created, the Tenant
shall surrender the Leased Premises and all keys for the Facility to the County and City at the place then
fixed for the payment of rent and shall inform the County and City of all combinations on locks, safes and
vaults, if any, which the County and City has granted permission to have left in the Leased Premises. At
such time, the Facility shall be broom clean and in good condition and repair, commensurate with its age.
If the Tenant leaves any of its personal property in the Leased Premises, the County and City, at their
option, may remove and store any or all of such property at the Tenant’s expense or may deem the same
abandoned and, in such event, the property deemed abandoned shall become the property of the County
and City.
Section 7.4. Condition of Premises on Date of Commencement. The Tenant accepts the Leased
Premises "as is" on the effective date hereof. The County and City make no representations or
indemnities as to the condition of the Leased Premises.
ARTICLE VIII. IMPOSITIONS, UTILITIES AND INSURANCE.
Section 8.1. Impositions. The Tenant shall pay, as additional rent, during the term of this lease,
commencing with Tenant’s obligation to pay rent hereunder, one hundred percent (100%) of the amount
of all Impositions, as hereinafter defined, levied or imposed on the Leased Premises during any Lease
Year. The term "Impositions" means all taxes, assessments, and governmental charges, federal, state,
county, municipal, district or otherwise, which ordinarily and regularly are levied on or charged against
real property and improvements thereto or activities conducted by Tenant thereon. Impositions for any
fraction of a tax year at the commencement of the Tenant’s obligation to pay rent or the expiration of the
term shall be prorated between the parties hereto upon the basis that the number of days in such
fractional tax year bears to three hundred sixty-five (365).
Section 8.2. Utilities and Services. The Tenant shall pay for all gas, heat, light, water, sewage
service, power, telephone, janitorial, garbage disposal service and all other utilities supplied to the Leased
Premises as the same may be reflected on meters at the Leased Premises, and to the extent such
services are provided to the Facility at the Leased Premises.
ARTICLE IX. INSURANCE AND INDEMNITY.
Section 9.1. Liability Insurance of Tenant. Tenant covenants and agrees that it will, at all times during
the term of this Lease, keep in full force and effect a policy of public liability and property damage
insurance with respect to the Leased Premises and the business operated by the Tenant on the Leased
Premises in which the limits of public liability for bodily injury and property damage shall not be less than
One Million and 00/100 Dollars ($1,000,000.00) per accident, combined single limit. The policy shall
name the County and City and any mortgagees of the County and City as additional insureds. The policy
shall provide that the insurance thereunder shall not be canceled without thirty (30) days written notice
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thereof to all named insureds, including the County and City. The Tenant shall also obtain a tenant’s
property insurance policy insuring the Tenant’s personal and business property on the Leased Premises.
Section 9.2. Fire and Extended Coverages. The Tenant agrees that it will, during the term of this
Lease, insure and keep insured, for the benefit of the County and City and its respective successors in
interest, all of the building and improvements on the Leased Premises, or any portion thereof then in
being not covered by the fire and extended casualty insurance. Such policy shall contain coverage
against loss, damage or destruction by fire and such other hazards as are covered and protected against,
at standard rates under policies of insurance commonly referred to and known as "extended coverage,"
as the same may exist from time to time.
Section 9.3. Evidence of Insurance. Copies of policies of insurance (or certificates of the insurers) for
insurance required to be maintained by the Tenant and the County and City pursuant to Sections 9.1 and
9.2 shall be delivered by the Tenant to the County and City, upon the issuance of such insurance and
thereafter not less than thirty (30) days prior to the expiration dates thereof.
Section 9.4. Waiver of Subrogation. The County and City and the Tenant each hereby release the
others from any and all liability or responsibility to itself or anyone claiming through or under it by way of
subrogation or otherwise for any loss or damage to property caused by fire or any of the extended
coverage or supplementary contract casualties, even if such fire or other casualty results from the
negligence of itself or anyone for whom it may be responsible, provided, however, that this release shall
be applicable and in full force and effect only with respect to loss or damage occurring during such time
as any such release shall not adversely affect or impair the releasor's policies or insurance or prejudice
the right of the releasor to recover thereunder.
ARTICLE X. WASTE, NUISANCE; COMPLIANCE WITH GOVERNMENTAL REGULATIONS.
Section 10.1. Waste and Nuisance. The Tenant shall not commit or suffer to be committed any waste or
any nuisance upon the Leased Premises.
Section 10.2. Governmental Regulations. During the term of this Lease, the Tenant shall, at its sole
cost and expense, comply with all of the requirements of all City, County, state, federal and other
applicable governmental authorities, now in force, pertaining to the Leased Premises or the Tenant’s use
and occupancy thereof.
ARTICLE XI. FIRE AND OTHER CASUALTY.
If the Facility shall be damaged so as to render 80% or more of the Facility untenantable by fire or other
casualty, Tenant shall be solely responsible for any repairs and for restoration of the Leased Premises to
good condition. If any damage or destruction from any cause whatsoever has not been repaired and
such repairs have not commenced within one hundred eighty (180) days of the date thereof, either party
may, as its exclusive remedy, terminate this Lease upon thirty (30) days written notice to all other parties.
ARTICLE XII. CONDEMNATION/HIGHWAY CONSTRUCTION.
If the whole or any part of the Leased Premises shall be taken under the power of eminent domain or
otherwise for construction of a state highway or any public transportation purpose, then this Lease shall
terminate with no compensation due the tenant as to the part so taken on the day when the Tenant is
required to yield possession thereof. If the portion of the Leased Premises so taken is such as to impair
substantially the usefulness of the Leased Premises for the purposes for which the same are hereby
leased, then either party shall have the option to terminate this Lease with no compensation due the
tenant as of the date when the Tenant is required to yield possession.
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ARTICLE XIII. DEFAULT OF TENANT.
Section 13.1. Insolvency or Bankruptcy, Corporate Dissolution, Loss of Tax Exempt Status.
The occurrence of any of the following shall constitute a material breach of this Lease by the Tenant
(“Material Breach”):
(a) The appointment of a receiver or trustee to take possession of all or substantially all of the assets
of the Tenant; or
(b) A general assignment by the Tenant for the benefit of creditors; or
(c) Any action or proceeding commenced by or against the Tenant under any insolvency or
bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors
and not discharged within ninety (90) days after the date of commencement; shall constitute a breach of
this Lease by the Tenant. Upon the happening of any such event, this Lease shall, at the County and
City's option terminate ten (10) days after written notice of termination from the County and City to the
Tenant; or
(d) Dissolution of the Tenant’s corporate status which continues for ninety (90) days; or
(e) Loss of Internal Revenue Code Section 501 (c) (3) tax exempt status by the Tenant which loss
continues for ninety (90) days; or
(f) Discontinuation of the Tenant’s presence on the Leased Premises for a period exceeding 365
consecutive days, which period commences on or after July 1, 2008, during which period an interpretive
historical center opened to the public commemorating the Lewis and Clark Expedition and/or George
Rogers Clerk is not in operation.
Section 13.2. Events of Default. Abandonment of the Leased Premises, a default of ten (10) days in
payment of rent, or breach of any of the covenants or conditions of this Lease involving any Material
Breach continuing for more than fifteen (15) days after notice thereof from the County and City, shall each
constitute an event of default hereunder. No failure of the County and City to enforce any remedy
available to it as a result thereof shall invalidate such covenant or provision or any other covenant,
condition or provision hereof, or affect the right of the County and City to enforce the same in the event of
a subsequent breach or default.
Section 13.3. Remedies. Upon the occurrence of any event of default, the County and City shall have
the right, at their election, then or any time thereafter while such event of default shall continue, either to
give the Tenant written notice of their intention to terminate this lease on the date of such notice or on any
later date specified therein, and on the date specified in such notice the Tenant’s right to possession of
the Leased Premises shall cease, and this Lease shall thereupon be terminated; or without demand or
notice, to re-enter and take possession of the Leased Premises or any part thereof, and repossess the
same as of the County and City's former estate and expel the Tenant and those claiming through or under
the Tenant and remove the effects of both or either, either by summary proceedings, or by action of law
or in equity, or otherwise, without being deemed guilty of any manner of trespass and without prejudice to
any remedies for arrearages of rent or breach of covenant. If the County and City elect to re-enter, the
County and City may terminate this Lease or, from time to time, without terminating this Lease may relet
the Leased Premises, or any part thereof, as agent for the Tenant for such term or terms and at such
rental or rentals and upon such other terms and conditions as the County and City may deem advisable,
with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of
possession of the Leased Premises by County and City shall be construed as an election on the County
and City's part to terminate this Lease unless a written notice of such intention is given as aforesaid, or
unless the termination thereof be decreed by a court of competent jurisdiction at the instance of the
County and City. The Tenant waives any right to the service of any notice of the County and City's
intention to re-enter provided for by any present or future law.
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ARTICLE XIV. SUCCESSORS
Section 14.1. Successors. All rights and liabilities herein given to, or imposed upon the respective
parties hereto, shall extend to and bind the heirs, executors, administrators, successors and permitted
assigns of the parties. The County and City shall be automatically released of all liability under this Lease
from and after the date of any sale by the County and City of the Leased Premises. All covenants,
representations and agreements of the Tenant shall be deemed the covenants, representations and
agreements of the occupant or occupants of the Leased Premises.
ARTICLE XV. MISCELLANEOUS.
Section 15.1. Waiver. The waiver by the County and City or the Tenant of any breach of any term,
covenant or condition contained herein shall not be deemed to be a waiver of such term, covenant, or
condition or any subsequent breach of the same or any other term, covenant or condition contained
herein. The subsequent acceptance of rent hereunder by the County and City respectively shall not be
deemed to be a waiver of any breach by the Tenant or the County and City, respectively, of any term,
covenant or condition of this Lease regardless of knowledge of such breach at the time of acceptance or
payment of such rent. No covenant, term or condition of this Lease shall be deemed to have been
waived by the Tenant or the County and City unless the waiver be in writing signed by the party to be
charged thereby.
Section 15.2 Entire Agreement. This Lease, and the exhibits attached hereto and forming a part of
hereof, set forth all the covenants, promises, agreements, conditions and understandings, between the
County and City and the Tenant concerning the Leased Premises and there are no covenants, promises,
agreements conditions or understandings, either oral or written, between them other than as herein set
forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Lease shall be binding upon the County and City or the Tenant unless reduced in writing and signed
by them.
Section 15.3. Notices. Any notice, demand, request, or other instrument which may be, or are required
to be given under this Lease, shall be in writing and delivered in person or by United States certified mail,
return receipt requested, postage prepaid, and shall be addressed as follows:
If to the County: Larry W. Davis, County Attorney
401 McIntire Road
Charlottesville, Virginia 22902
If to the City: S. Craig Brown, City Attorney
605 East Main Street
Charlottesville, VA 22902
If to the Tenant: ___________________________
___________________________
or at such other address as designated by written notice of a party.
Section 15.4. Captions and Section Numbers. The captions, section numbers, and table of contents
appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe,
or describe the scope or intent of such sections of this Lease nor in any way do they affect this Lease.
Section 15.5. Partial Invalidity. If any term, covenant or condition of this Lease, or the application
thereof, to any person or circumstance shall to any extent be invalid or unenforceable the remainder of
this Lease, or the application of such term, covenant, or condition to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and each term,
covenant, or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law.
Section 15.6. Recording. Upon request of any party, a Memorandum of Lease will be executed and
recorded. Such Memorandum shall contain any provisions of this Lease that either party requests except
for the provisions of Article IV that shall not be included. The cost of recording such Memorandum of
Lease or a short form hereof shall be borne by the party requesting such recordation.
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Section 15.7. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the Commonwealth of Virginia.
Section 15.8. Counterparts. This Agreement may be executed simultaneously or in three or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
Section 15.9. Rules and Regulations. The County and City may adopt such rules and regulations as the
County and City deem appropriate for the safe and efficient use of the Leased Premises, which rules and
regulations shall be effective after five days notice to the Tenant.
ARTICLE XVI. BROKER'S FEES.
The Tenant and the County and City hereby warrant that there are no brokerage commissions due to any
person in connection with this Lease.
ARTICLE XVII. NO ASSIGNMENT.
The Tenant shall not assign this Lease or subject all or any portion of the Leased Premises to any
sublease, either directly or indirectly, without the prior written consent of the County and City, which
consent shall not be unreasonably withheld. A merger, consolidation, sale, transfer or assignment by
operation of law or a transfer or sale of, in the aggregate, a majority of the stock of the corporation, if the
Tenant is a corporation, or a sale or transfer of any of the partnership interests, if the Tenant is a
partnership, shall be considered an assignment for purposes of this section. No assignment, sublease or
transfer of this Lease by the Tenant shall (i) be effective unless and until the assignee, subtenant or
transferee expressly assumes in writing the Tenant’s obligations under this Lease, or (ii) relieve the
Tenant of its obligations hereunder, and the Tenant shall thereafter remain liable for its obligations under
this Lease whether arising before or after such assignment, sublease or transfer.
ARTICLE XVIII. RESERVATION OF EASEMENTS.
The County and City hereby reserve to themselves, their successors and assigns, while this Lease is in
effect, the non-exclusive right and easement to use the supporting structural elements of the Facility for
lateral and subjacent support, including party walls and supporting columns, for any adjacent property
owned by the County and City.
ARTICLE XIX. INDEMNIFICATION.
The Tenant agrees to indemnify, defend, and save the County and City harmless from and against any
and all claims, actions, damages, liability and expense in connection with loss of life, bodily injury and
damage to property caused in whole or in part by any act or omission of the Tenant, its agents,
employees, guests or invitees, or arising from or out of any occurrence on or about the Leased Premises
or the occupancy thereof by the Tenant. In the event the County and City shall, without fault on its part,
be made a party to any litigation commenced by or against the Tenant arising therefrom, then the Tenant
shall indemnify, defend and save the County and City harmless and shall pay all costs, expenses and
reasonable attorney's fees incurred or paid by the County and City in connection with such litigation.
ARTICLE XX. SUBORDINATION OF LEASE.
This Lease and all rights of the Tenant hereunder are and shall be subject and subordinate in all respects
to (1) all mortgages, deeds of trust and building loan agreements affecting the Leased Premises or the
property described in Exhibit A, including any and all renewals, replacements, modifications,
substitutions, supplements and extensions thereof, and (2) each advance made or to be made
thereunder. In confirmation of such subordination, the Tenant shall promptly upon the request of the
County and City, execute and deliver an instrument in recordable form satisfactory to the County and City
evidencing such subordination; and if the Tenant fails to execute, acknowledge or deliver any such
instrument within ten (10) days after request therefore, the Tenant hereby irrevocably constitutes and
appoints the County and City as the Tenant’s attorney-in-fact, coupled with an interest, to execute,
acknowledge and deliver any such instruments on behalf of the Tenant. The Tenant further agrees that in
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the event any such mortgagee or lender requests reasonable modifications to this Lease as a condition of
such financing, the Tenant shall not withhold or delay its consent thereto.
ARTICLE XXI. NONRECOURSE.
Notwithstanding any breach by the County and City of any of the terms of this Lease, or any claim by the
Tenant arising hereunder, in no event shall the County and City or any of their officers, officials,
employees or trustees of the County and City have any personal liability hereunder and the Tenant’s only
remedy in the event of such breach, default or claim shall be to proceed against the County and City's
interest in the Leased Premises.
IN WITNESS WHEREOF, the County and City and the Tenant have signed and sealed this Lease as of
the date first above written.
The County and City: The Tenant:
ALBEMARLE COUNTY THE LEWIS & CLARK EXPLORATORY
CENTER OF VIRGINIA, INC.
By:________________________________ By:______________________________
Robert W. Tucker, Jr., County Executive Its: ______________________________
CITY OF CHARLOTTESVILLE
By: ________________________________
Gary B. O’Connell, City Manager
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ATTACHMENT 5
Tax Map 60A1 (North Berkshire Road right-of-way)
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and 58.1-811(C)(4).
DEED OF EASEMENT
THIS DEED OF EASEMENT, made and entered into on this _______ day of
_________________________, 2007, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a
political subdivision of the Commonwealth of Virginia, Grantor, and the CITY OF CHARLOTTESVILLE,
VIRGINIA, a municipal corporation, Grantee.
WITNESSETH:
That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, receipt of which
is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY to
the Grantee, subject to the terms and conditions set forth herein, the permanent easement of right of way
(hereinafter, the “Easement”) to construct, maintain, operate, alter, repair, inspect, protect, remove, and
replace certain natural gas line improvements, upon and across the public right of way known as North
Berkshire Road in Albemarle County, Virginia, and more particularly described as follows:
Permanent natural gas line easement in the public right of way known as North Berkshire road, located
off Solomon Road in Albemarle County, Virginia, as shown on the attached plat made by Thomas B.
Lincoln Land Surveyor, Inc. dated December 2, 2005, last revised March 15, 2007, and identified as “New
15' Gasline Easement”; said roadway being dedicated to the public by recordation of a plat dated
December 1960, of record in the Albemarle County Circuit Court Clerk’s Office in Deed Book 373, page
99.
This Easement shall be subject to the following:
1. The Grantee shall install the natural gas line improvements (hereinafter, the
“Improvements”) within the Easement. The Improvements shall be underground and outside of the travel
lanes of North Berkshire Road.
2. The Grantee shall obtain all permits required by the Virginia Department of Transportation
(hereinafter, “VDOT”) to authorize the Improvements to exist or remain within the North Berkshire Road
right-of-way (hereinafter, the “Permits”) and shall comply with all applicable requirements of VDOT.
3. Until the Grantee quitclaims its interest in the Easement to VDOT or the Grantor as required in
conjunction with VDOT’s acceptance of North Berkshire Road into the state system of secondary
highways, the Grantee, at its sole expense, shall, promptly alter, change, adjust, relocate or remove the
Improvements from the North Berkshire Road right-of-way if VDOT determines that such alteration,
change, adjustment, relocation or removal is required in order for VDOT to accept North Berkshire Road
into the state system of secondary highways. Neither the Grantor, VDOT, nor any other public entity shall
be responsible or liable to the Grantee or its successors or assigns for any costs associated with such
alteration, change, adjustment, relocation or removal of the then-existing Improvements. In addition,
neither the Grantor, VDOT, nor any other public entity shall be obligated to compensate or reimburse the
Grantee or its successors or assigns for any increased or decreased cost or value associated with either
the Improvements or North Berkshire Road resulting from such alteration, change, adjustment, relocation
or removal.
4. After VDOT has issued the Permits, the Grantee shall be subject to the following conditions,
notwithstanding any quitclaim of its interests to VDOT, and these conditions shall be continuing
obligations of the Grantee:
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a. The Grantee, to the extent authorized by law, shall at all times indemnify and save harmless the
Grantor, its employees, agents, officers, assigns, and successors in interest from any claim whatsoever
arising from the Grantee’s exercise of rights or privileges stated herein.
b. In the event that the Grantor or a public entity other than VDOT (hereinafter, “such other public
entity”) becomes responsible for the maintenance of North Berkshire Road and the Grantor or such other
entity requires, for its purposes, that the Grantee alter, change, adjust, or relocate the Improvements,
across or under North Berkshire Road, the cost to alter, change, adjust, or relocate the Improvements
shall be the sole responsibility of the Grantee. Neither the Grantor nor such other public entity shall be
responsible or liable to the Grantee or its successors or assigns for any costs associated with altering,
changing, adjusting or relocating the then-existing Improvements as may be required herein. In addition,
neither the Grantor nor such other public entity shall be obligated to compensate or reimburse the
Grantee or its successors or assigns for any increased or decreased cost or value associated with either
the Improvements resulting from such alteration, change, adjustment or relocation. The requirements of
this paragraph 4(b) shall not apply if the Grantor, VDOT, or such other public entity is either required by
law to pay for such costs or is authorized and elects to pay for such costs
The Grantor, acting by and through its County Executive, duly authorized by action of the Albemarle
County Board of Supervisors on July 11, 2007, does hereby convey the interest in real estate made by
this deed.
The Grantee, acting by and through its City Attorney, the City official designated by the City Manager
pursuant to authority granted by resolution of the City Council of the City of Charlottesville, does hereby
accept the conveyance of this easement, pursuant to Virginia Code § 15.2-1803, as evidenced by the City
Attorney’s signature hereto and the City’s recordation of this deed.
WITNESS the following signatures.
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ATTACHMENT 6
Agenda Item No. 18. SP-2007-11. Oak Ridge Church Picnic Pavilion (Sign # 103). PROPOSED:
Construction: 20' x 40' picnic pavilion. ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas:
agricultural, forestal, and fishery uses; residential density (0.5 unit/acre). SECTION: 10.2.2.35 Church
building and adjunct cemetery. LOCATION: 7734 Old Dominion Road, off Green Creek Road, Schuyler.
TAX MAP/PARCEL: Tax Map 126, Parcel 21A. MAGISTERIAL DISTRICT: Scottsville.
1. Special Use Permit 2007-11 shall be developed in general accord with the concept application
plan and building details, provided by the applicant and received February 26, 2007 (Attachment
A). However, the Zoning Administrator may approve revisions to the concept application plan to
allow compliance with the Zoning Ordinance;
2. The picnic pavilion shall be limited to eight hundred (800) square feet and shall not include
bathroom facilities or vehicular access;
3. The area of assembly shall be limited to a maximum one hundred ninety-five (195) seat
sanctuary; occasional church gatherings beyond the normal capacity of the sanctuary shall be
permitted;
4. There shall be no day care center or private school on site without approval of a separate special
use permit; and
5. Construction of the eight hundred (800) square foot picnic pavilion shall commence within five (5)
years or this special use permit shall expire.
__________
19. SP-2007-16. Mt. Alto Church Amendment (Sign # 109). PROPOSED: Expansion of church
alter area, additional choir space. ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas:
agricultural, forestal, and fishery uses; residential density (0.5 unit/acre). SECTION: 10.2.2.35 Church
building and adjunct cemetery. LOCATION: 4330 Mt. Alto Road, off Howardsville Turnpike, Esmont. TAX
MAP/PARCEL: Tax Map 133, Parcel 16. MAGISTERIAL DISTRICT: Scottsville.
1. Special Use Permit 2007-16 shall be developed in general accord with the concept application
plan, provided by the applicant and received February 26, 2007 (Attachment A). However, the
Zoning Administrator may approve revisions to the concept application plan to allow compliance
with the Zoning Ordinance;
2. The addition shall be limited to three hundred twenty (320) square feet;
3. The area of assembly shall be limited to a maximum one hundred seventy-five (175) seat
sanctuary; occasional church gatherings beyond the normal capacity of the sanctuary shall be
permitted;
4. There shall be no day care center or private school on site without approval of a separate special
use permit; and
5. Construction of the three hundred twenty (320) square foot addition shall commence within five
(5) years or this special use permit shall expire.
__________
20. SP-2007-10. Cutright - Development Right (Signs #111, 112). PROPOSED: Special Use
Permit to acquire two additional development rights. ZONING CATEGORY/GENERAL USAGE: RA --
Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre). SECTION: 10.2.2
(28) Divisions of land as provided in Section 10.5.2.1 and Section 10.5.2.1 where permitted by Special
Use Permit. LOCATION: 3544 Red Hill School Road; southeast corner of Red Hill School Road (RT. 760)
and Monacan Trail Road (RT 29) - North Garden. TAX MAP/PARCEL: 88-6A1. MAGISTERIAL
DISTRICT: Samuel Miller.
21. SP-2007-014. The Rocks Subdivision (Lot 1) (Signs #107,108). PROPOSED: Amend special
use permit for Rural Preservation Development with more than 20 development lots to change condition
of approval regarding location of development lots in relation to Ivy Creek. Proposed change would
prevent development between Ivy Creek and Dick Woods Road. LOCATION: Dick Woods Road (Route
637), approximately 500 feet west of intersection with on-ramp to Route 64 East. TAX MAP/PARCEL: Tax
Map 74 Parcel 18D. MAGISTERIAL DISTRICT: Samuel Miller.
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1. Except as otherwise provided herein development of The Rocks shall be in accord with the
“Special Use Permit Plan…” prepared by Thomas B. Lincoln Land Surveyor, Inc. dated April 2,
2004. For purposes of these conditions the plan shall heretofore be referred to as “The
Application Plan;”
2. Except for minor boundary adjustments, (as determined by the Agent), the boundaries of Tax
Map 74, Parcels 18C, 18C1, 18C2 and 18C3 may be modified only as shown on “The Application
Plan;”
3. Within the boundaries of Revised Lot 1, there shall be allowed a total of four (4) dwelling units or
four (4) lots. Before a building permit is issued for a second dwelling unit, or before a subdivision
plat is approved creating a new lot(s) within the boundaries of Lot 1, a new application plan shall
be reviewed and approved by the Planning Commission authorizing the dwelling units or lots. For
purposes of these conditions the term “subdivision” shall also mean family divisions;
4. All subdivisions within the boundaries of Revised Lot 1 shall meet the design standards and
special provisions set forth in Section 10.3.3 of the Zoning Ordinance. This includes the
requirement that it be demonstrated that the additional lots combined with the other approved lots
do not exceed the actual number of lots that could have been achieved by conventional
development of the total property;
5. No dwellings or development lots within the boundaries of Lot 1 shall be located in the floodplain
of Ivy Creek or between Ivy Creek and Dick Woods Road;
6. All future development lots subdivided from Lot 1 shall be no larger than 3.26 acres in area, shall
be located in a manner consistent with, and be integrated into the overall design of the other
development lots in The Rocks;
7. A minimum of ten (10) trees per acre shall be provided on the development lots, including those
permitted by condition three (3), in accordance with Section 32.7.9.5 of the Zoning Ordinance for
the purpose of providing screening from Interstate 64 and Route 637. Trees shall be installed
within two (2) planting seasons of the date of issuance of a certificate of occupancy for the
dwelling on the lots;
8. Clearing of land shall be limited to the minimum amount necessary for the construction of access
roads, dwellings, and septic fields;
9. Building siding and trim shall be of colors and materials that blend with the surrounding natural
environment as determined by the Director of Planning. Highly reflective colors or surfaces, or
light colored roofs, as determined by the Director of Planning, are prohibited;
10. Concrete driveways visible from off-site shall be darkened to blend with the surrounding natural
environment as determined by the Director of Planning;
11. The bridge shall not be constructed until the approvals in conditions twelve (12) through fifteen
(15) have been obtained;
12. Department of Engineering issuance of an erosion and sediment control permit;
13. Department of Engineering approval of bridge design;
14. Department of Engineering approval of hydro geologic and hydraulic calculations to ensure
compliance with Section 30.3. of the Zoning Ordinance;
15. Department of Engineering approval of private road plans and drainage calculations. Private
roads shall be designed to Virginia Department of Transportation mountainous terrain standards.
This condition is only applicable to the private roads constructed to access and provide frontage
to all the lots in the Rocks development except the Rural Preservation Tract and revised Tax Map
74, Parcels 18C, 18C1, 18C2 and 18C3 as shown on “The Application Plan;”
16. The extension of Newcomb Mountain Lane as a private road is subject to Planning Commission
approval. The Planning Commission shall establish the standard of the private road extension at
the time of review;
17. The existing road, shown entering from Rocks Farm Drive, parallel to Interstate 64 and
meandering through the Preservation Tract shall not be improved or widened except for
agricultural and/or forestry purposes. The need for such improvements shall be reviewed by the
Public Recreational Facilities Authority. If the Public Recreational Facilities Authority deems that
the improvements are warranted, construction shall not commence until a road plan and an
erosion and sediment control plan has been reviewed and approved by the County Engineer;
18. Prior to the approval of any plat modifying the boundaries of the Rural Preservation Tract, the
rural preservation easement shall be amended to allow the modification; amendment to the
easement is subject to the review and approval of the County and the Albemarle County Public
Recreational Facilities Authority. Approval of this special use permit in no way implies or
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guarantees approval of a modified easement by the County or the Albemarle County Public
Recreational Facilities Authority;
19. Prior to the approval of any plat providing access to Newcomb Mountain Lane an amended road
maintenance agreement shall be reviewed and approved by the County Attorney. This agreement
shall be recorded with the plat; and
20. Provide evidence to the County that the Rosemont Homeowner’s Association consents to the
Newcomb Mountain Lane extension to serve as access to Tax Map 74, Parcels 18C, 18C1, 18C2
and 18C3.
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ATTACHMENT 7
ORDINANCE NO. 07-18(1)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Regulations, and Article IV, Procedure, are hereby amended and reordained as
follows:
By Amending:
Sec. 2.3 Conflicting ordinances
Sec. 3.1 Definitions
Sec. 33.3 Proffer of conditions
Chapter 18. Zoning
Article 1. General Provisions
Sec. 2.3 Regulations conflicting with other local or state or federal laws
Whenever provisions within this chapter conflict with any local, state or federal statute or regulation with
respect to requirements or standards, the most severe or stringent requirement or standard shall prevail.
For purposes of this section, any proffer heretofore accepted by the board of supervisors in accordance
with Virginia Code §§ 15.2-2296 et seq., shall be continued in effect and shall be construed to be a “local
regulation” until amended or varied by the board of supervisors in accordance with law, regardless of the
repeal of any previous zoning ordinance.
Sec. 3.1 Definitions
. . .
Proffer: A written condition offered by the owner of land who has applied for a zoning map amendment
that imposes a regulation or requirement that is in addition to the regulations otherwise applicable to the
land under this chapter. (Added 10-3-01)
. . .
Article IV. Procedure
Sec. 33.3 Proffer of conditions
Prior to the public hearing before the board of supervisors on a rezoning application required by Virginia
Code § 15.2-2285, the owner of the land that is the subject of the rezoning may proffer, in writing,
reasonable conditions to be applied to such rezoning as part thereof. Such conditions are authorized by,
and shall comply with, Virginia Code § 15.2-2303; provided that the proffering thereof by the owner shall
be deemed prima facie evidence of such compliance. (Amended 4-4-90)
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ATTACHMENT 8
ORDINANCE NO. 07-03(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, DIVISION 2, DISTRICTS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, Division 2, Districts, of the
Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows:
By Amending:
Sec. 3-215 Hatton Agricultural and Forestal District.
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-215 Hatton Agricultural and Forestal District.
The district known as the “Hatton Agricultural and Forestal District” consists of the following
described properties: Tax map 135, parcels 13, 14B, 15, 15A, 17, 18, 19, 22, 22A, 30 (part); tax map
136, parcels 2A, 9B. This district, created on June 29, 1983 for not more than 10 years and last reviewed
on June 20, 2001, shall next be reviewed prior to June 29, 2011.
(Code 1988, § 2.1-4(a); Ord. 98-A(1), 8-5-98; Ord. 01-3(1), 6-20-01; Ord. 07-3(1), 7-11-07)
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ATTACHMENT 9
Growth Management
GOAL: Protect and efficiently utilize County resources by:
A. Protecting the elements that define the Rural Area:
1) Agricultural resources
2) Forestry resources
3) Land preservation
4) Land conservation
5) Water supply resources
6) Natural resources
7) Scenic resources
8) Historical, archaeological, and cultural resources
B. Promoting the Development Areas as the place where a variety of land uses, facilities, and
services exist and are planned to support the County’s future growth, with emphasis placed on infill
development.
Introduction
(As Amended July 10, 2002)
The County's primary growth management goal directs development into designated areas and
conserves the balance of the County for rural areas and resource protection. Resource protection is the
basic theme behind the County's growth management approach. This ongoing theme is complemented
by an emphasis on intelligent use of Development Areas, public facilities and resources. Thus, planning
efforts aim to channel growth into designated areas to facilitate economical service delivery in those
areas, to promote a sense of neighborhood-style development as the preferred design in those areas,
and to conserve the Rural Areas.
Planning efforts also focus on means to discourage development in the Rural Areas and support activities
consistent with the character of the Rural Areas. This is accomplished through education, incentives, and
voluntary and regulatory measures. These measures should focus on protecting the “defining principles”
of the Rural Areas listed in the Guiding Principles of the Rural Areas Plan. Residential development is
inconsistent with the protection of those defining principles and should be prevented where possible.
Limited service delivery—prevention of public water and sewer connections, and provision of public
services at a rural rather than urban scale—is a key policy for limiting the potential for rural residential
development. Where development cannot be avoided, its impacts should be reduced through improved
design requirements.
It is important that this and future Comprehensive Plans make adjustments that can influence
development patterns to better meet the growth management goals. Such adjustments can include more
active County support of Development Areas development, adjustments to location and/or holding
capacity, and additional protective or support measures for the Rural Areas. This plan emphasizes the
County's role in providing necessary new and amended ordinances, regulations, support services and
infrastructure for development, and more efficient use of Development Areas, including more urban and
pedestrian oriented development styles. It must be recognized that the desired increased densities in the
Development Areas will also require an increased commitment by the County for public infrastructure
improvements.
* * * * *
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Community Facilities Plan
(As amended September 1, 2004)
INTRODUCTION
Community facilities provide a location for necessary and desired services for County residents and are
important components in supporting and enhancing the quality of life in Albemarle County. The facilities
covered within this plan include police, fire and rescue protection services, schools, libraries, parks and
recreation, government administration services, and solid waste facilities. Highway and transportation
facilities and sewer and water utilities are not covered in this plan. Separate planning processes are
already in place for these facilities.
The provision of community facilities can influence where and when development will occur; therefore,
they are important tools for managing growth. The importance of the provision of public services and
facilities is recognized in the Facilities Planning section of this Plan:
“Emphasis is placed on providing a level of public service delivery that will support
development in, and direct development to, designated Development Areas. To
accomplish this, service and facilities will be provided at a much higher level in the
Development Areas than in the Rural Areas. Those persons living in the Rural Areas
should not anticipate levels of public service delivery equal to services provided in the
Development Areas.”
Community facilities are provided to residents in the County in a number of different ways. Some
facilities/services are provided entirely by the County (schools, police), some are volunteer stations, while
others are a combination of County and volunteer (fire). Some are regional in scope (libraries), while still
others are provided jointly by the County and City (solid waste disposal facilities). In the case of Parks
and Recreation facilities, separate facilities are provided by the City and County, but are made available
for use by all residents in the entire area, including outlying Counties. Some park facilities are also
provided jointly by the City and County (Darden Towe Park and Ivy Creek Natural Park).
Because of the high cost involved in providing community facilities and the potential impact to the
County's growth pattern, it is important to have a comprehensive and systematic planning process. This
process should promote an efficient provision of services and facilities that is consistent with current
needs and with the goals of the Comprehensive Plan for future development. This plan will serve as a
framework for community facility development decisions. It will permit a better evaluation of service and
facility performance and needs, and a more objective review of competing demands for new and
expanded facilities so that the resources are used in areas of highest need. It is to be used to assist
agency administrators and elected officials in determining the capital project needs and priorities, and
timing for facility development. It establishes what the County determines to be the adequate level of
service for community facilities. "Level of service" defines what County residents consider as necessary
and desirable. To do this, service objectives and standards for provision of facilities are established. This
Plan is an element of the County’s Comprehensive Plan and, like the Comprehensive Plan, will be
reviewed on a regular basis.
The County’s Comprehensive Plan emphasizes the County's role in providing necessary new and
amended ordinances, regulations, support services and infrastructure for development, and more efficient
use of Development Areas, including more urban and pedestrian oriented development styles. It must be
recognized that the desired increase in density and more urban model for development recommended in
the Development Areas will also require an increased commitment by the County for public infrastructure
improvements and community facilities and services.
* * * * *
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CHAPTER FOUR
THE RURAL AREAS
INTRODUCTION
The Rural Landscape
Albemarle County occupies 726 square miles in the Virginia Piedmont and Blue Ridge Mountains. The
designated Rural Areas, about 690 square miles, make up approximately 95 percent of the County, and
surround the designated Development Areas and the City of Charlottesville. They border Greene and
Orange counties to the north, Louisa and Fluvanna counties to the east, Buckingham County to the south,
and Nelson, Augusta, and Rockingham counties to the west.
Agriculture, forestry, and conservation play an important and long-standing role in the environment,
heritage, and economy of the County. These uses depend on natural resources that are irreversibly lost
when rural land is converted to residential and commercial uses. Protecting rural land uses provides an
opportunity to conserve natural, scenic, and historic resources through the maintenance of farmland,
forested areas, and other natural areas); and fiscal resources by limiting development and lessening the
need to provide public services to wide areas of the County.
The County’s topography varies from Piedmont hills in the east and south to the Blue Ridge and its
foothills in the west. Altitudes range from 235 feet, where the Rivanna River crosses the County’s eastern
border, to 3,389 feet on Big Flat Mountain in Shenandoah National Park. There are large areas of steep
slopes primarily in the central and western part of the County. The majority of the Rural Areas is in the
watershed of the James River, mostly draining through the Rivanna and Hardware rivers. The two largest
Rivanna River tributaries in the County are the North Fork and South Fork Rivanna rivers. The South Fork
is dammed to form the area’s largest drinking water reservoir.
The land cover of the Rural Areas is a complex mosaic. It has been estimated that, as of the early 1990s,
nearly 47 percent of the Rural Areas was in deciduous forest, 18 percent was in mixed forest, and 8
percent was in conifer forest. Open areas, including pasture, row crops, barren areas, mowed areas and
yards, occupied about 24 percent of the Rural