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ACTIONS
Board of Supervisors Meetings of November 10 and November 11, 2010
November 15, 2010
AGENDA ITEM/ACTION
ASSIGNMENT
November 10, 2010
1. Call to Order. Adjourned-Afternoon.
• At 3:38 p.m., the meeting was called to order
by the Chair, Ms. Mallek. All BOS members
were present.
2. Work Session: Five Year Financial Plan.
• Based on the priority need to address the
pending gap in fire and EMS service in
Neighborhood 6 and Ivy, the Board directed
staff to:
• Further engage with City to develop
mutual aide relationship;
• Reallocate City contract funds to hire
supplemental staff for Ivy;
• Begin the process to consider options to
reallocate existing staffing;
• Develop plan to cover Pantops with
existing County fire rescue stations;
• Engage with Crozet VFD to develop
volunteer staffing strategy for Ivy; and
• Evaluate a plan to relocate existing fire
fighter/EMTs to staff an ambulance in
the Pantops development area.
Dan Eggleston: Proceed as directed.
3. Adjourn.
• The meeting was adjourned at 5:22 p.m.
1. Call to Order. Regular Night Meeting.
• Meeting was called to order at 6:05 p.m. by
the Chair, Ms. Mallek. Also present were
Bob Tucker, Larry Davis, and Meagan Hoy.
4 From the Board: Matters not Listed for Public
hearing on the Agenda.
Duane Snow:
• He will compile a list of information
presented at the VACo Annual Conference
and will share it with the Board.
Lindsay Dorrier:
• Updated the Board on the VACo Annual
Conference.
Ann Mallek:
• Provided Board members with copies of
various handouts she collected from the
VACo Annual Conference.
• County was recognized by the Go Green
Virginia Challenge at the VACo Annual
Conference, and received a plaque.
5. From the Public: Matters not Listed for Public
hearing on the Agenda.
• There were none.
6.1 Request for continuance of deferral of ZMA-
2006-0008 – Berkmar Business Park from
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December 8, 2010 to January 12, 2011.
• DEFERRED ZMA-2006-008, Berkmar
Business Park, pursuant to the applicant’s
request.
6.2 Cancel December 8, 2010, Regular Night
Meeting.
• CANCELED the December 8, 2010 Regular
Night Meeting.
7. TJPDC Legislative Program, David Blount,
Legislative Liaison.
• APPROVED the draft TJPDC Legislative
Program, understanding that additional,
suggested revisions to the draft may be
incorporated into the final version.
David Blount: Proceed as approved.
8. Pb Hrg: PROJECT: SP-2010-00021. Carter’s
Mountain Trail - Verizon Tier III PWSF (Sign
#10).
• APPROVED SP-2010-00021, by a vote of
6:0, subject to the six conditions
recommended by staff and the Planning
Commission.
• APPROVED SP-2010-00021, by a vote of
6:0, subject to the three Zoning Ordinance
modifications recommended by staff and the
Planning Commission.
Clerk: Set out conditions of approval and
Zoning Ordinance modifications.
(Attachment 1)
9. Pb Hrg: PROJECT: SP 2010-00022 Heard's
Mountain - Verizon Tier III PWSF (Signs
#12,16&17).
• APPROVED SP 2010-00022, by a vote of
6:0, subject to the five conditions
recommended by staff and the Planning
Commission.
• APPROVED SP 2010-00022, by a vote of
6:0, subject to the four Zoning Ordinance
modifications recommended by staff and the
Planning Commission.
Clerk: Set out conditions of approval and
Zoning Ordinance modifications.
10. Pb Hrg: PROJECT: ZMA 2010-00006
Hollymead Town Center, Area A2 (Signs
#40,55&56).
• APPROVED ZMA 2010-00006, by a vote of
6:0, with the understanding that substantive
provisions of the 2007 proffers still apply
unless subsequently amended, and inclusive
of the proffers dated and signed 11/4/10 and
the revised Code of Development.
(Attachment 2)
11. Pb Hrg: CPA-2005-010. Places29 Master Plan.
• CONSENSUS to discuss the Piney Mountain
expansion area proposal in December.
• DEFERRED CPA-2005-010, by a vote of
6:0, to January 2011 for final review and
adoption.
Clerk: Schedule on December 2010 and
January 2011 agendas.
12. From the Board: Matters Not Listed on the
Agenda.
• There were none.
13. Adjourn to November 11, 2010, 4:00 p.m., for
Joint Meeting with School Board.
• The meeting was adjourned at 9:14 p.m.
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November 11, 2010 – Joint Meeting with School Board
1. Call to Order. The meeting was called to order
at 4:00 p.m., by the Chair of the Board of
Supervisors, Ms. Mallek, and the Acting Chair of
the School Board, Mr. Koleszar. All BOS
members were present except Mr. Rooker. All
School Board members were present except Ms.
Mouly, Mr. Price and Mr. Strucko.
2. Presentation: School Division base line budget
review and future funding needs.
• The BOS, by a vote of 3:2 (Mallek, Boyd),
APPROVED funding a $350 bonus for
eligible County employees.
3. From the Boards: Matters Not Listed on the
Agenda.
• There were none.
3. Adjourn. The meeting was adjourned at 5:16
p.m.
ewj/mrh
Attachment 1 – Conditions of Approval on Planning items
Attachment 2 - ZMA 2010-00006 Hollymead Town Center, Area A2 Proffers
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ATTACHMENT 1
CONDITIONS OF APPROVAL
SP-2010-00021. Carter’s Mountain Trail - Verizon Tier III PWSF
Conditions of Approval
1. The tower height, including its base, foundation, or grading that raises it above its ground
elevation existing on November 10, 2010, shall not exceed two hundred (200) feet;
2. The antennas permitted on the tower shall be those depicted on Sheet TE-2 of the Applicant’s
Application, which are as follows: (a) up to twelve (12) panel antennas as they exist on the tower
on November 10, 2010 located on a platform at the one hundred eighty-three (183) foot height on
the tower; (b) one (1) microwave dish not exceeding six (6) feet in diameter affixed not higher
than the one hundred seventy-five (175) foot height on the tower; and (c) one microwave dish not
exceeding two and one-half (2.5) feet in diameter affixed not higher than the one hundred twelve
(112) foot height on the tower. The two (2) microwave dishes authorized by this condition shall
replace the two microwave dishes existing on the tower on November 10, 2010;
3. No additional antennas shall be installed on the tower, and no existing antennas shall be
relocated to a higher position on the tower, than as authorized by Condition 2 without an
amendment of this special use permit;
4. The personal wireless service facility shall be located within the lease area as shown on
Attachment C (on file in SP 1997-34);
5. The tower shall be designed and located so that in the event of structural failure, the tower and its
components will remain within the lease area; and
6. The personal wireless service facility shall comply with County Code §§ 18-5.1.40(b), 18-
5.1.40(c)(2) through (9) and 18-5.1.40(d)(2), (3), (6) and (7), if applicable, unless any such
requirement is modified by the Board of Supervisors.
Zoning Ordinance Modifications
1. Waiver of Sec. 5.1.40 (c)(4)- Requirement for a tree conservation plan to be submitted prior to the
issuance of a building permit;
2. Waiver of Sec. 5.1.40 (c)(5)- The installation, operation and maintenance of the facility to be
conducted in accordance with the tree conservation plan; and
3. Waiver of Sec. 5.1.40(c)(3)- Flush mounting requirements modification:
• The 2.5’ diameter dish located at a height not to exceed 112’ above ground level may
protrude up to 19” from the face of the tower.
__________
PROJECT: SP 2010-00022 Heard's Mountain - Verizon Tier III PWSF.
Conditions of Approval
1. The tower height, including its base, foundation, or grading that raises it above its ground
elevation existing on November 10, 2010, shall not exceed one hundred fifty (150) feet;
2. The antennas permitted on the tower are as follows: (a) up to twelve (12) panel antennas, none of
which shall exceed one thousand one hundred fifty-two (1152) square inches in area, located on
a platform at the one hundred forty-seven (147) foot height on the tower; (b) one (1) microwave
dish not exceeding six (6) feet in diameter affixed not higher than the seventy-four (74) foot height
on the tower; and (c) one (1) microwave dish not exceeding six (6) feet in diameter affixed not
higher than the ninety (90) foot height on the tower. The panel antennas authorized by this
condition shall replace the four (4) whip antennas and two (2) sets [composed of six (6) panel
antennas total] of flush-mounted panel antennas existing on the tower on November 10, 2010.
The two (2) microwave dishes authorized by this condition shall replace the three (3) microwave
dishes existing on the tower on November 10, 2010;
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3. No additional antennas shall be installed on the tower, and no existing antennas shall be
relocated to a higher position on the tower, than as authorized by Condition 2 without an
amendment of this special use permit;
4. The personal wireless service facility shall be in general accord with the Applicant’s Justification
Letter (Attachment B); and
5. The personal wireless service facility shall comply with County Code §§ 18-5.1.40(b), 18-
5.1.40(c)(2) through (9) and 18-5.1.40(d)(2), (3), (6) and (7), if applicable, unless any such
requirement is modified by the Board of Supervisors.
Zoning Ordinance Modifications:
1. Sec. 5.1.40 (c)(4)- Requirement for a tree conservation plan to be submitted prior to the issuance
of a building permit;
2. Sec. 5.1.40 (c)(5)- The installation, operation and maintenance of the facility to be conducted in
accordance with the tree conservation plan; and
3. Sec. 5.1.40(c)(3)- Flush mounting requirements modification
1. Panel antenna size shall not exceed 1152 square inches per antenna; and
4. Section 5.1.40(d)(7)- Tower can remain the color as it exists on November 10, 2010.
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ATTACHMENT 2
Original Proffer: __
Amended Proffer: X
PROFFER FORM
Date: November 4, 2010
ZMA #: ZMA 2010-006, Hollymead Town Center Area A-2
Tax Map Parcel Numbers: 32-45 and 32-50
44.5 Acres to be rezoned from RA to NMD
In conjunction with the Application Plan entitled “ZMA Application Plan for NMD Portion of Hollymead
Town Center A-2,” dated March 13, 2006, revised August 31, 2007 (the “Application Plan” and the
Amendment to the Application Plan entitled, “Amendment to the General Development Plan for ZMA
2007-001,” dated November 1, 2010 (the “Amended Application Plan for Blocks B1, B2 and B4”) and
Hollymead Town Center Area A-2 ZMA 2010-006 Rezoning Application and the revised Code of
Development approved in conjunction with ZMA 2010-006.
Tax Map Parcel Numbers: 32-45 and 32-50, comprising 44.5 acres and also identified as Hollymead
Town Center Area A-2, are subject to rezoning application ZMA 2010-006 and to this Proffer Statement
(the "Property"). The Property is described with more particularity on the Application Plan, which
applies to all portions of the Property except for Blocks B1, B2 and B4, and the Amended Application
Plan for Blocks B1, B2 and B4. The Application Plan and the Amended Application Plan for Blocks B1,
B2 and B4 are attached hereto as Exhibits A and B, respectively.
The Owner of the Property is Route 29 LLC, a Virginia limited liability company (the "Owner").
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone
the Property to Neighborhood Model District (NMD) as requested, the Owner shall develop the Property
in accord with the following proffers pursuant to Section 15.2-2303 of the Code of Virginia, 1950, as
amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions
are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that the
conditions are reasonable. These proffers supersede the proffers accepted in conjunction with ZMA
2007-001. If rezoning application ZMA 2010-006 is denied, these proffers shall immediately be null and
void and of no further force and effect, and the proffers accepted in conjunction with ZMA 2007-001, as
well as the Application Plan and the Code of Development approved in conjunction with ZMA 2007-001,
shall continue to apply to Hollymead Town Center Area A-2.
1. Affordable Housing. The Owner shall provide affordable housing equal to twenty percent
(20%) of the total residential units constructed on the Property, in the form of for-sale condominiums
and townhouses, and for-rent condominiums, townhouses, apartments and accessory units. At least 40%
of the affordable units will be in the form of for sale condominiums and townhouses. Each subdivision
plat and site plan for land within the Property shall designate the lots or units, as applicable, that will,
subject to the terms and conditions of this proffer, incorporate affordable units as described herein, and
the aggregate number of such lots or units designated for affordable units within each subdivision plat
and site plan shall constitute a minimum of twenty percent (20%) of the lots in such subdivision plat or
site plan.
The Owner may "carry-over" or "bank" credits for affordable units in the event an individual
subdivision plat or site plan designates affordable units that in the aggregate exceed the twenty percent
(20%) minimum for such subdivision plat or site plan, and such additional affordable units may be
allocated toward the twenty percent (20%) minimum on any future subdivision plat or site plan,
provided however, that the maximum number of affordable units that may be carried over or banked
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shall not exceed twenty percent (20%) of the total units on any subdivision plat or site plan. The Owner
shall convey the responsibility of initially constructing the affordable units to the subsequent owners of
lots within the Property. With the written approval of the County's Subdivision Agent, the Owner or its
successors may revise which lots and unit-types are designated on the subdivision plat or site plan that
will contain affordable units as provided under this proffer; provided that the number of the lots so
designated shall not be reduced. The actual owner at the proposed time of construction shall offer units
affordable to households with incomes less than eighty percent (80%) of the area median income such
that housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITI)
do not exceed thirty percent (30%) of the gross household income.
A. For-Sale Affordable Units. Affordable units shall be affordable to households with
incomes less than eighty percent (80%) of the area median family income (the "Affordable Unit
Qualifying Income"), such that the housing costs consisting of principal, interest, real estate taxes, and
homeowner's insurance (PITI) do not exceed thirty percent (30%) of the Affordable Unit Qualifying
Income, provided, however, that in no event shall the selling price of such affordable units be required
to be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars ($190,400) or sixty-
five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) maximum
mortgage for first-time home buyers at the beginning of the 90-day identification and qualification
period referenced below. The Owner or its successors in interest may at its option provide down
payment assistance or soft seconds (silent second mortgages) to reduce the costs to the homebuyer,
so that the resultant first mortgage and housing costs remain at, or below, the parameters described
above. All financial programs or instruments described above must be acceptable to the primary
mortgage lender. Any soft second (silent second mortgage) executed as part of the affordable housing
proffer shall be donated to the County of Albemarle (the "County") or its designee to be used to
address affordable housing. Each dwelling unit qualifying under these parameters counts as one (1)
affordable unit.
B. For-Rent Affordable Units.
(1). Rental Rates. The initial net rent for each for-rent affordable unit shall not
exceed the then-current and applicable maximum net rent rate as published by the County Housing
Office. In each subsequent calendar year, the monthly net rent for each for-rent affordable unit may be
increased up to three percent (3%). For purposes of this proffer statement, the term "net rent" means
that the rent does not include tenant-paid utilities. The requirement that the rents for such for-rent
affordable units may not exceed the maximum rents established in this Proffer 1B shall apply for a
period of ten (10) years following the date the certificate of occupancy is issued by the County for each
for-rent affordable unit, or until the units are sold as low or moderate cost units qualifying as such under
either the Virginia Housing Development Authority, Farmers Home Administration, or Housing and
Urban Development, Section 8, whichever comes first (the "Affordable Term").
(2). Conveyance of Interest. All deeds conveying any interest in the for-rent
affordable units during the Affordable Term shall contain language reciting that such unit is subject to
the terms of this Proffer 2. In addition, all contracts pertaining to a conveyance of any for-rent
affordable unit, or any part thereof, during the Affordable Term shall contain a complete and full
disclosure of the restrictions and controls established by this Proffer lB. At least thirty (30) days prior to
the conveyance of any interest (other than for the securing of a mortgage or deed of trust) in any for-rent
affordable unit during the Affordable Term, the then-current owner shall notify the County in writing of the
conveyance and provide the name, address and telephone number of the potential grantee, and state
that the requirements of this Proffer 1B(2) have been satisfied.
(3). Reporting Rental Rates. During the Affordable Term, within thirty (30) days of
each rental or lease term for each for-rent affordable unit, the then-current owner shall provide to the
Albemarle County Housing Office a copy of the rental or lease agreement for each such unit rented that
shows the rental rate for such unit and the term of the rental or lease agreement. In addition, during the
Affordable Term, the then-current owner shall provide to the County, if requested, any reports, copies
of rental or lease agreements, or other data pertaining to rental rates as the County may reasonably
require.
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2. Road Improvements. Within one (1) year after approval of ZMA 2007-001, the following streets
shall be completed:
A. Meeting Street from the intersection of Town Center Drive to the northern boundary of
Area A. Meeting Street will have two northbound and two southbound travel lanes, one
northbound and one southbound bicycle lane. Initially, one lane in each direction may be
utilized as on-street parking
B. Town Center Drive (Previously Access Road A) from the Eastern edge of the NMD
zoning boundary at the intersection of Meeting Street to its intersection with State Route
606, also known as Dickerson Road. This section of Town Center Drive shall be
constructed to accommodate two travel lanes, with a cross section approved by the
county and VDOT in a minimum 60-foot wide right-of-way.
For purposes of this Proffer 2, construction of each street shall be deemed complete when it is
ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the state-
maintained system, and the Owner has obtained from the County Engineer a written determination that
the street is safe and convenient for traffic.
The road improvements listed herein shall be constructed in accordance with the NMD Code of
Development as approved as part of ZMA 2010-006 (which with respect to the road improvements are
the same as those contained in the Code of Development approved in conjunction with ZMA 2007-001),
and with road plans submitted by the Owner and approved by the Virginia Department of Transportation
("VDOT").
3. Public Transit Stop Construction. The Owner shall construct two public transit stops within
Hollymead Town Center Area A-2. The location of the public transit stops shall be identified on the
Application Plan and retained in the County files. The locations shall be approved by the Director of
Planning prior to approval of the first subdivision plat or site plan for Hollymead Town Center Area A-2.
Construction of the public transit stops shall occur in conjunction with improvements for the subdivision
plat or site plan or the public street plans which include the area for the transit stops. The design of each
public transit stop shall be subject to approval by VDOT and the County Engineer, and shall include no
less than 200 square feet of paved surface and two benches.,
4. Cash Proffer. Beginning with the 151st Market Rate unit, the Owner shall contribute cash on a
per dwelling unit basis for the purposes of funding Berkmar Drive Extended, other County infrastructure,
transportation, public safety, school, parks and library improvements. The cash contributions shall be:
$12,400 cash for each attached/townhouse/condominium dwelling unit, other than an affordable dwelling
unit ("Market Rate Unit"), and $11,900 cash for each multifamily/apartment dwelling unit other than an
affordable dwelling unit ("Market Rate Unit"). Such cash contribution shall be paid at the time of the
issuance of the building permit for each new unit, unless the timing of the payment is otherwise
specified by state law.
Beginning January 1, 2008, the amount of each cash contribution required herein shall be
adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in the
Comparative Cost Multiplier, Regional City Average, Southeast Average, Category C: Masonry Bearing
Walls issued by Marshall Valuation Service (a/lc/a Marshall and Swift) (the "Index") or the most
applicable Marshall & Swift index determined by the County if Marshall & Swift cease publication of the
Index identified herein. In no event shall any cash contribution amount be adjusted to a sum less than
the amount initially established by these proffers. The annual adjustment shall be made by multiplying
the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall
be the Index as of December 1 in the calendar year most recently ended, and the denominator of which
shall be the Index as of December 1 in the year preceding the calendar year most recently ended. For
each cash contribution that is being paid in increments, the unpaid incremental payments shall be
correspondingly adjusted each year.
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5. Greenway. The Owner shall dedicate in fee simple a minimum 7.6 acre "greenway" to
Albemarle County for public use. The dedication is identified on the Application Plan as "Greenway Area
dedication to Albemarle County," and shall include a strip of land that runs along Powell Creek with a
minimum width of 50 feet on the each side of Powell Creek, subject to the limitations of the Property
boundary. The dedicated area will also include all flood plain area along Powell Creek within the
Property boundary. The Owner shall complete the improvements shown on the Application Plan and
shall dedicate the Powell Creek Greenway to the County at the time of the first site plan or subdivision
plat approval. After it is dedicated to public use, the Greenway Area shall continue to be included in the
total area of open space and amenities within the Property. If the Greenway is not dedicated by
subdivision plat, the Owner shall be responsible for the cost of a survey and preparing the deed to
convey the Greenway to the County.
6. Pocket Park. In conjunction with the subdivision plat or site plan that includes the land
described in this Proffer 6, the Owner shall establish an approximately 10,000 square foot pocket park
(the "Pocket Park") located on the northern edge of Block B1 fronting Town Center Drive as shown on the
Amended Application Plan for Blocks B1, B2 and B4, and shall include all such improvements,
landscaping and other features identified in the Code of Development. The Pocket Park shall be included
in the total area of open space and amenities within the Property. The subdivision plat or site plan shall
include a note stating that the Pocket Park is reserved for future dedication to the County of Albemarle
and, upon the request of the County, the Owner shall dedicate in fee simple the Pocket Park to the
County. If the Pocket Park is not dedicated by subdivision plat, the Owner shall pay the costs of
surveying the Pocket Park, preparing one or more plats thereof and preparing and recording one or more
deeds of dedication.
7. Recycling Center or Other Community Facility. Upon the request of the County, the Owner
shall dedicate in fee simple a two (2) acre parcel of land for use by the County or its designee as a
Recycling Center, or other community facility identified in the CIP, to be located in an area most
appropriate for such use as agreed by the County and the Owner. If the land for the Recycling Center
or Community Facility is not dedicated by subdivision plat, the Owner shall pay the costs of surveying
the land, preparing one or more plats thereof and preparing and recording one or more deeds of
dedication.
8. Recreational Facilities. The Owner shall contribute $500.00 cash per residential unit, to be
paid at the time of issuance of each building permit unless the timing of the payment is otherwise
specified by state law, for the purpose of funding the expansion or new development of regional outdoor
recreational facilities as determined by the County Parks and Recreation Department.
9. Critical Slopes, Erosion and Sediment Control and Stormwater Management.
A. Critical Slopes. The Owner shall apply for critical slope waivers for any roads located in
critical slopes governed by § 18-4.2 et seq. of the Albemarle County Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as
determined by the County's Program Authority, provide additional erosion and sediment
controls to achieve a sediment removal rate of eighty percent (80%) for the Property. (As
a reference, current regulatory structural measures achieve a 60% optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any erosion and
sediment control permit, permanent vegetation shall be installed on all the denuded
areas, except for areas the Program Authority determines are otherwise permanently
stabilized or are under construction with an approved building permit. A three (3) month
extension for the installation of permanent vegetation may be granted by the Program
Authority due to special circumstances including but not limited to weather conditions.
D. Stormwater. The Owner shall, to the maximum extent practicable as determined by the
County's Program Authority, provide additional stormwater management to achieve a
removal rate 20% better than would otherwise be required by the Water Protection
Ordinance (Albemarle County Code § 17-100 et seq.) up to a maximum of an eighty
10
percent (80%) removal rate for each phase.
10. LEED Standards for Core and Shell Development. The Owner shall cause the commercial
and mixed-use buildings in the Project to be designed and constructed to meet minimum standards for
certification (twenty-three (23) credit points) under LEED Green Building Rating System for Core and
Shell Development as set forth in the U.S. Green Building Rating System, Version 2.0, July 2006. Prior
to the issuance of a building permit the Owner shall submit a certification from the LEED certified
architect to the Director of Community Development that the building plan meets LEED standards. Before
the Owner requests that a certificate of occupancy for any building for which a licensed architect rendered
such a certificate, the Owner shall submit to the County's Director of Community Development a written
statement from the architect that the building was built to the plans on which the certificate was based.
11. Phasing Plan. Prior to the issuance by the County of a building permit that would authorize the
construction of any square feet of gross floor area (aggregate) of commercial and office gross floor
area within the Property, building permits shall have been issued by the County for at least 100 dwelling
units. Prior to issuance by the County of a building permit that would authorize the construction of more
than 200,000 square feet of gross floor area (aggregate) of commercial and office gross floor area within
the Property, building permits shall have been issued by the County for at least 600 dwelling units.
12. Willow Glen Connection. Upon the request of the County, the Owners shall dedicate for public
use a public right-of-way determined to be appropriate by VDOT and the County Engineer, extending
from Town Center Drive to the Property's boundary with the proposed Willow Glen development, as
shown on the Application Plan and within Block C6 as shown on the Block Plan (the "Willow Glen
Connection"). Upon the request of the County, the Owner shall grant all necessary drainage easements
required for the Willow Glen Connection and all temporary construction easements to appropriate parties,
including the developer of the proposed Willow Glen development, to allow the construction of the Willow
Glen Connection. Approval of the County Engineer and the Owner for the location of the connection to
Willow Glen may be shifted from the area shown in the Application Plan to a more suitable location to
both the Owner and the County which still provides access from Willow Glen to Town Center Drive.
13. Community Development Authority. Upon the request of the County, Owner shall petition for
and consent to a Community Development Authority ("CDA") established pursuant to Section 15.2-5152,
et seq. of the Code of Virginia ("Code") to be created, excluding residential property within the Property,
for the purpose of financing, funding, planning, establishing, constructing, reconstructing, enlarging,
extending, or maintaining (except to the extent VDOT maintains any public improvements) Route 29, and
roads and other improvements associated therewith.
WITNESS the following signature:
ROUTE 29 LLC,
a Virginia limited liability company
P. O. Box 5548
Charlottesville, VA 22905