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Home My WebLink About2004-09-08 BOARD OF SUPERVISORS FIN A L SEPTEMBER 8,2004 COUNTY OFFICE BUILDING 4:00 p.m. - Room 235. County Of ice BuildinQ 1. Call to Order. 2. Urban Infrastructure Overview. 3. Recess. 6:00 p.m. - Room 241. County Office BuildinQ 4. Call to Order. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters Not Listed on the Agenda. 8. ACE ^nnual Report/Recognition Ceremony. (Remove from agenda) 9. PUBLIC HEARING on the proposed issuance of general obligation school bonds of Albemarle County in the estimated maximum principal amount of $9,630,000. The purpose of the proposed bonds is to finance capital projects for public schools. 10. PUBLIC HEARING pursuant to Va. Code § 15.2-1800(B), on a proposed Easement Agreement with Central Virginia Electric Cooperative to provide electrical service to the Emergency Communications Center's 800 MHz Public Safety Communications Tower site located at Peter's Mt. in northeastern Albemarle County. 11. SP-2003-084. Dennis Enterprises - Rio Rd (SiQn # 55). Request to allow car dealership in accord wI Secs 22.2.2.8 & 30.6.3.2.b of the Zoning Ord. TM 15, Ps 100, 101 & 101 B, contains 2.51 3CS. Znd C 1 & EC. Loc Rt 631 (W Rio Rd), approx 250 ft E of intersec of Rio Rd & Borkmar Dr on N side of the street. Rio Dist. (Deferred from April 14, 2004) (Defer until November 3, 2004) 12. CPA-2003-02. Fifth Street Avon Street Mixed Uses. Proposal to change the Comp Plan, Land Use Plan designation from Industrial Service to Regional Service, to allow development of mixed- use complex including community & regional level retail & service, multi-family housing, industrial service, connector road, employment, & open space & park land uses. Property consists of approx 89.4 acs. TM 76M(1), Ps 2A, 2B, 4A & 77. Lac between Rt 631 (5th St Extd) & Rt 742 (Avon St), immediately N of 1-64, in Neighborhood Four. Existing zoning is LI & EC. Scottsville Dist. 13. From the Board: Matters Not Listed on the Agenda. 14. Adjourn. BOARD OF SUPERVISORS TENTATIVE SEPTEMBER 8,2004 COUNTY OFFICE BUILDING 4:00 p.m. - Room 235. County Of ice BuildinQ 1 . Call to Order. 2. Urban Infrastructure Overview. 3. Recess. 6:00 p.m. - Room 241. County Office BuildinQ 4. Call to Order. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters Not Listed on the Agenda. 8. ,^.CE ,^.nnu31 Report/Recognition Ceremony. (Remove from agenda) 9. PUBLIC HEARING on the proposed issuance of general obligation school bonds of Albemarle County in the estimated maximum principal amount of $9,630,000. The purpose of the proposed bonds is to finance capital projects for public schools. 10. PUBLIC HEARING pursuant to Va. Code § 15.2-1800(B), on a proposed Easement Agreement with Central Virginia Electric Cooperative to provide electrical service to the Emergency Communications Center's 800 MHz Public Safety Communications Tower site located at Peter's Mt. in northeastern Albemarle County. 11. SP-2003-084. Dennis Enterprises· Rio Rd (SiQn # 55). Request to allow car dealership in accord '1:1 Sacs 22.2.2.8 & 30.6.3.2.b of the Zoning Ord. TM 15, Ps 100, 101 & 101 ß, contains 2.51 acs. Znd C 1 & EC. Lac Rt 631 (IN Rio Rd), approx 250 ft E of intersoc of Rio Rd & Borkmar Dr on N side of the stroet. Rio Dist. (Deferred from April 14, 2004) (Defer until November 3, 2004) 12. CPA-2003-02. Fifth Street Avon Street Mixed Uses. Proposal to change the Comp Plan, Land Use Plan designation from Industrial Service to Regional Service, to allow development of mixed- use complex including community & regional level retail & service, multi-family housing, industrial service, connector road, employment, & open space & park land uses. Property consists of approx 89.4 acs. TM 76M(1), Ps 2A, 2B, 4A & 77. Loc between Rt 631 (5th St Extd) & Rt 742 (Avon St), immediately N of 1-64, in Neighborhood Four. Existing zoning is LI & EC. Scottsville Dist. 13. From the Board: Matters Not Listed on the Agenda. 14. Adjourn. ACTIONS Board of Supervisors Meeting of September 8, 2004 September 14, 2004 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. · Meeting was called to order at 4:00 p.m., by the Chairman, Mr. Dorrier. All BOS members were present. Also present were Bob Tucker, Larry Davis, Tom Foley, Mark Graham and Ella Carey. 2. Work Session: Urban Infrastructure Overview. · HELD. Next work session scheduled for October 13th. 3. Recess. · The Board recessed at 5:29 D.m. 4. Call to Order. · Meeting was called back to order at 6:00 p.m., by the Chairman. All BOS members were present. Also present were Bob Tucker, Larry Davis, David Benish and Ella Carey. 7. From the Public: Matters Not Listed on the Agenda. · Tobey Bouch, a County resident and member of The Central Virginia Family Forum, asked the Board to revoke the special permit under which Planned Parenthood is operating. · Tighe Walker also asked the Board to revoke the special permit under which Planned Parenthood is operating. · Tanya Ewing handed to the Clerk a petition with 1500 signatures asking the Board to review the special permit that allows Planned Parenthood to operate at their location. · Ted Armentrout, Chief of Stony Point Volunteer Fire Company, asked the Board to reconsider staffing hours at the fire station due to safety considerations. · John Vermillion, President of the Board of Directors of the Stony Point Volunteer Fire Company, also asked the Board to reconsider staffing hours at the fire station. · Paula Rondon, a 1 ih grader at Albemarle High School, spoke in opposition to the location of the Planned Parenthood facility. 8. ACE Annual Report/Recognition Ceremony. · RESCHEDULED to November 13th. 9. Public hearing on proposed issuance of general Clerk: Forward resolution to Brenda Neitz and obligation school bonds of Albemarle County in the copy appropriate individuals. (Attachment 1) estimated maximum principal amount of $9,630,000. The purpose of the proposed bonds is to finance capital projects for public schools. · ADOPTED resolution. 10. Public hearing on proposed Easement Agreement County Attornev's office: Provide Clerk with with Central Virginia Electric Cooperative to provide copy of fully executed agreement. electrical service to the Emergency communications Center's 800 MHz Public Safety Communications Tower site located at Peter's Mt. in northeastern Albemarle County. · VOTED to approve the Easement Agreement and Membership Application with Central Virginia Electric Cooperative with the caveat that legal staff include language regarding preservation of trees, right-of-way easement and that in as much as possible all cable and equipment are located underground. · AUTHORIZED the County Executive to execute the Agreement and Application on behalf of the County. 11 . SP-2003-084. Dennis Enterprises - Rio Rd (SiQn Clerk: Include on November 3ru agenda. # 55.) · At the request of the applicant, deferred SP- 2003-084 until November 3rd. 12. CPA-2003-02. Fifth Street Avon Street Mixed David Benish: Provide Clerk with copy of Uses. adopted language after all changes made. · ADOPTED CPA-2003-02, by a vote of 6:0, subject to language submitted by the applicant with the changes discussed at the Board meetinq. 13. From the Board: Matters Not Listed on the Agenda. Bob Tucker: Will look into. Sally Thomas: · Mentioned a letter from the Department of Historic Resources regarding additions to the emergency communications towers. Dennis Rooker: · Briefed Board members on a summit on Route 29 that he and Ms. Thomas attended today. Bob Tucker: · VDOT is holding a video conference hearing on September 29th regarding the Six Year Road Plan. VDOT has a deadline through October 29th for written comments. With the Board's concurrence, staff will make comments during this hearing, using the County's current Six Year Plan, and prepare a statement for the Board to ratify on October 6th. 14. Adjourn. · The meetinq was adjourned at 8:26 p.m. lewc Attachment 1 - Virginia Public School Authority Bond Resolution 2 ATTACHMENT 1 RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2004A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $9,630,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Albemarle, Virginia (the "County"), has determined that it is necessary and expedient to borrow a principal amount not to exceed $9,630,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County has held a public hearing, duly noticed, on September 8, 2004, on the issuance of the Bonds (as hereinafter defined) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution adopted on August 16, 2004, requested the Board to authorize the issuance of the Bonds and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $9,630,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is less than the Proceeds Requested but in no case greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the amount of the discount the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $9,630,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes, including without limitation, the projects described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the County Executive, that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and 3 directed to enter into a Bond Sale Agreement dated as of September 29, 2004 (the "Bond Sale Agreement"), with the VPSA providing for the sale of the Bonds to the VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved. 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2004A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2005 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed five and sixty one-hundredths percent (5.60%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than December 31, 2025. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. the Bonds: Payment: PayinQ AQent and Bond ReQistrar. The following provisions shall apply to (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as bond registrar and payment agent for the Bonds (the "Bond Registrar"). The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2014, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2014, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2014, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2014, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2014, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices 4 July 15, 2014, through July 14, 2015 July 15, 2015, through July 14, 2016 July 15, 2016, and thereafter 101.0% 100.5 100.0 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman of the Board, either of whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. PledQe of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to ArbitraQe. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate, each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-ArbitraQe ProQram; Proceeds AQreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Director of Finance of the County to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. ContinuinQ Disclosure AQreement. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. FilinQ of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 5 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. 6 Ella's Notes for September 8. 2004 Board members present: Bowerman, Boyd, Dorrier, Rooker, Thomas and Wyant Officers present: Tucker, Davis, Carey 4:00 p.m. - Room 235. County Of ice BuildinQ 1. Call to Order. The Chairman called the meeting to order at 4:00 p.m. 2. Urban Infrastructure Overview. 3. Recess. 6:00 p.m. - Room 241. County Office BuildinQ 4. Call to Order. The meeting was called back to order at 6:00 p.m. by the chairman. All bos members were in presence. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters Not Listed on the Agenda. Tobey Bouch - Central VA family forum - planned parenthood facility. In his book the word hospital and office building are two distinct terms. Want you to take action. No action has taken place at this point. Take action and enforce current sp. Todd walker - upset because no one had any warning to address. The zoning process has been subverted. No conversation or movement publicly from the board. Begin bringing property intocompliance. Tanya ewing - former garden court resident. Changes neighborhood negatively. Place that kids play. Concern about school bus stop near an abortion clinic. Have signatures from 1500 peoOple asking you to reconsider. Ted armentrout - chief of volunteer fire company. Request board consider whaqt is happening John - president of board of directors of stony point. Volunteer board member of fire company. Fire company important to community. Firelrescue has done a disservice to them to cut their coverage. They respond to more rescue calls than fire calls however if yhou are living in the community and your house catches on fire at 4:30 wee do not have anyone in their fire house to respond to that call. The changes in the schedule. They have been short changed. Ask that hyou take a look at this. Not asking for additional staffing. Like it to stay the same because what they have has been working. Paula r - 1 ih grader at ahs. Students are in school close to an abortion hospital. Abortion clinic will be contracdicting values being taught. Knowing hospital close to where she has learned her values. She is collecting names from the students. Will be collecting petitions and will bring in to the board. Speaking for much of the voice at the hospital Ken boyd - was not aware when looking at budget that end result would be 2 hours or no coverage. Need to look at. Lindsay dorrier - we have gotten word that there is nothing that can be done on this issue. It is not something he can act on personally. We cannot do anythinga bout it at this time. Dennis rooker - this board does not have the legal authority to revoke the sp. A decision of a zoning administrator can be appealed to the bza and then the circuit court. Those are enforcement decisions. We have been continuously urged to take action. 8. ACE Annual Report/Rocognition Ceremony. (Remove from agenda) 9. PUBLIC HEARING on the proposed issuance of general obligation school bonds of Albemarle County in the estimated maximum principal amount of $9,630,000. The purpose of the proposed bonds is to finance capital projects for public schools. 7:20 p.m. - Bob t - (I was out for a minute) Motion by: Second by: Vote: All aye 10. PUBLIC HEARING pursuant to Va. Code § 15.2-1S00(B), on a proposed Easement Agreement with Central Virginia Electric Cooperative to provide electrical service to the Emergency Communications Center's SOO MHz Public Safety Communications Tower site located at Peter's Mt. in northeastern Albemarle County. Bob t - summarized. Staff recommends approval. S Thomas - lines underground B tucke r- don't know S Thomas - area of high visual concern. Tower not too visually intrusive. Hoping lines would be underground Bob t - yes Ken boyd - dollar amount Opened public heasring; Jeff Werner - pec. Peters mountain in rivanna dist. Federal regulations involved. Think they were skimmed over. If process done right from the beginning. Think this has something to do with the 6.0 million grant you are getting. Whatever language necessary to cover basis on conditions of memo of agreement, tree protection easement, appears to grant latitute, and want you to take a hard look at this. closed public hearing. Dennis rooke r- change the easement to make certain it applies only to underground lines. Put modifiers that only apply to underground lines. Larry davis - part of why they want to maintain that language, we can try to make as tight as possible that they cannot disturb anything. Sally t - tree conservation plan in our agreememt L davis - condition about maintain 200 ft buffer but mos tnot on our property. Bob t - if you want to make sure all those items covered defer to oct 6th. Bob t - if yu can rely on them to modify agreement that does not affect tree conservation plan. Dennis rooke r - put underground in front of words cables Sally t - agreeing to this only if protective tree buffer is assured. Only vote if we agree to that. Bob t - no. Ken boyd - has plans changed to increase by 100 feet. Bob t - first he has heard of that. Sally t - state being asked to respond to 250 ft tower, etc.. Motion by: ken boyd to approve the easement agreement with the cavfiat legal staff add language to insure preservation of tree, right of way, cabling and equipment underground Second by: dennis rooker Vote: All aye Move to authorize tucker to sign agreement - boyd Second by rooker All aye 11. SP-2003-084. Dennis Enterprises - Rio Rd (SiQn # 55). Request to allow car doalership in accord '....1 Secs 22.2.2.8 & 30.6.3.2.b of the Zoning Ord. TM 15, Ps 100, 101 & 101 B, contains 2.51 acs. Znd C 1 & EC. Loc Rt 631 (W Rio Rd), approx 250 ft E of intorsec of Rio Rd & Berkmar Dr on N side of tho streot. Rio Dist. (Deferred from April 14, 2004) (Defer until November 3, 2004) Motion by: david bowerman Second by: dennis rooker Vote: All aye 12. CPA-2003-02. Fifth Street Avon Street Mixed Uses. Proposal to change the Comp Plan, Land Use Plan designation from Industrial Service to Regional Service, to allow development of mixed- use complex including community & regional level retail & service, multi-family housing, industrial service, connector road, employment, & open space & park land uses. Property consists of approx 89.4 acs. TM 76M(1), Ps 2A, 2B, 4A & 77. Loc between Rt 631 (5th St Extd) & Rt 742 (Avon St), immediately N of 1-64, in Neighborhood Four. Existing zoning is LI & EC. Scottsville Dist. Susan Thomas - this site lies between avon street and fifth street. (7:40 p.m.) many of city's concerns should be addressed at rezoning phase. David benish - received letter from resident in the area. Sally t - not enough Ii sites in the community. Chamber of commerce highly critical for not making available enough Ii. Susan Thomas - definitely. One of the big challenges is that the eastern portion is the landfill. Much looking for retention of Ii in the mix. David benish - think the balance can be created. Sally t - if we adopt pc recommendation it would be including opportunities for Ii Susan Thomas - yes Ken boyd - concern about big box verbage. This language very specific. Susan Thomas - started out with limit but added language to allow flexibility. Staff borrowed some language from the applicant. David benish - flexibility in b page 4. Susan Thomas - we know that there may be ways to design. We added wiggle room. Superior design. David benish - intent if can reach.. Susan Thomas - we did not feel we could do that. David benish - the commission directd us to provide for that flexibility. Did not feel comfortable with changing that number. David wyant - number of acres Susan thoma s- probably about 59 developable. Opened public hearing for applicant Steve blaine - handouts. Last remaining acreage in neighborhoods 4 and 5. primary difference in approach to land use... applicant aware of site constraints. Believe that 95 percent of language in staff's proposal deals with site constraints. Take issue with language that limits flexibility. Should allow rezoning and site engineering to deal with those issues. There is some limit and we propose a limitation that allows a user that have a footprint. Recognize rezoning wuld have to address.... Suggestion that there be flexibility to allow applicant to design big box. Think current draft is confusing. Propse to clarify and get feedback. Opened public hearing. No one to speak. Lindsay dorrier - this is a critical site to the county, critical to southern par tof the county. Think this is an excellent proposal, we want to connect fifth and avon streets; have connector road; utilizes the proposal, highest and best use. Can be done in such a way that it protects the enviroment and provides commercial use and provides a retail outlet for many companies; shopping opportunity for southern part of the county. The raod situation is a feasible development area. Would take some rpessure off rt 29. serve a number of purposes. Think this applicant to be commended for the propsal for road that would cost us 3.0 million. As far as big box size think we should provide a flexibility to the applicant to bring about the total plan. Support the project. Think step in right direction. Dennis rooker - in favor of the proposed use. Think staff, pc and applicant done good job with coming ujp with language. Don't think better site if we are going to eprmit any more big boxes gthan this site. Off rt 29 that could provide that kind of shopping that has excellent transportation connections. If w were t 0 limit the site to mom and pop type shops would not be.. think need to go through some of the details of the language proposed by the applicant. David bowerman - do not have a problem with letting the sq ft of what goes there be determined by the free market recogning the unique travel characteristics. No problem witSh the upper limit on the size of the buildings. Dennis rooker - the reasoning why size limitations were discussed. Susan Thomas - the commission supported retail but did not want to lose site to employment. Harder to achieve well rounded compatible mix if site became dominated by one large big box. If starting point mid range big box this site not completely grade entire property. Felt mid range was best starting point. Wanted to set up expectation.. Sally Thomas - in reading through pc minutes, assumed watning a center was what drove the commission. Ken boyd - first cpa he has been through, is this in our plan David benish - general guidelines. This is adding language to the neighborhood recommendations. David wyant - have no problems. Ken boyd - want to go through the language and compare the two. Had no problem with the applicant's langujage. Lindsay d - think applicant gone the last mile with the county to put in this road. Think we should reciprocate and, no detrment to allow use of big box sq ft. David bowerman - think the people who live in the city are all going to 29 north now. It might be the only chance at working with this with one applicant with a design. Sally Thomas - think will be a very much used road. Ken boyd - think important project Sally Thomas - think big implications to small word changes. Dennis rooker - Steve blaine - intent to apply to all. 25 acs of woodland we can preserve. David bowerman - Steve blaine - the stream meanders around. David wyant - what goes in comp plan. Not this much detail. Don't think comp plan should be detailed. Sally Thomas - no we don't. if a majority feel then it is only fair to say at this time. This is time to give guidance. Steve blaine - intent to develop site preserving as many trees as possible. Dennis rooker The natural features describe din this paragraph should be preserved..... Larry davis - regional service as opposed to community service David benish - Sally Thomas - think hybriad of community service mixed use embodied flexility for larger box but with an explanation being required how it fit into the center as whole. Thought ghtat gave applicant clearer discription than flat regional service. Dennis rooker - took applicant's proposal change to ... Susan Thomas - Dennis rooker- Sally Thomas - if using word may should just leave it out. Think should keep the should. Sally Thomas - remove words that applicant added. In "P" Steve blaine - Dennis rooker - does applicant think possible to give town center field Steve blaine - centreal commercial center... then yes Dennis rooker - does 150,000 include garden Steve blaine - that would exclude outdoor display and garden center. Dennis rooker - in excess of 75,000 sq ft - big box size Frank cox - roughly 50 developable acres. As hey have looked at land holding capacity, roughly 500,000 sq ft. Sally t - Frank cox - think site will accommodate big boex, etc. have a bunch of options to sort through, but not at that point yet. Dennis rooker - a number of things that will need to be met. On the box limitation would be more confortable if we limit to 300,000. want to see mixed uses on the site. Lindsay d - 300,000 will probably be cutting pretty thin for the applicant. Not in favor of limiting to 300,000. Dennis r - comfortable with larry's recommendation Larry d - 75,000, excluding outside display, sales, U - can leave the word u in. Exckude outdoor sales, garden center display, outside sales display, awnings. Larry d - regional and 0 mayor shall Dennis r -leave the way it was as proposed by the applicant Larry d - regional vs. mixed use David bowerman - don't care Dennis r - accept pc recommendation Steve blaine - doesn't matter Motion by: dennis rooker approve language submitted by the applicant with changes Second by: david bowerman Vote: All aye 13. From the Board: Matters Not Listed on the Agenda. Sally t - additions to emergency communication facilities. Larry d - towers already there at the required height. Bob t - we will look into it. Dennis r - attended summit on rt 29 today, Danville to fauquier and he thinks it was heavily attended by people throughout that region. Attended by 4 ctb members, secretary of transportation, presentations, will be a report issued, Sally Thomas - manay concusions access management. Bob t - vdot is holding video conference hearing on sept 29 on six year plan. Deadline through oct 29. with your approval we will try to make a comment using current six year plan. Will bring something to you on oct 6. 14. Adjourn. Meeting was adjourned at 8:26 Ella Carey From: Sent: To: Subject: washpostguy@netzero.net Tuesday, September 14, 2004 12:05 PM bos@albemarle.org Clarification I apologize for citing the wrong section of the Albemarle County Code at last week's meeting. I cited Chapter 18 Section 34 as support for my assertion that the board has the authority to revoke the special use permit under which Planned Parenthood is operating. This was incorrect. The correct citation is Chapter 18 Section 31.2.4.4 "Revocation" which states, "Any special use permit issued pursuant to this chapter may be revoked by the baord of supervisors, after notice and hearing pursuant to Virginia Code 15.2-2204, for willful noncompliance to this chapter or any conditions imposed under the authority of Section 31.2.4.3." Please accept my apologies. This code clearly gives you the authority to enforce SP-00-35 and revoke it if the original terms are not complied with. Thank you for your attention to this matter. Tobey Bouch The Central Virginia Family Forum 1 County of Albemarle MEMORANDUM TO: Albemarle County Board of Supervisors Thomas C. Foley, Assistant County Executive d t~ FROM: DATE: September 8, 2004 RE: Urban Infrastructure Overview Staff will provide an overview regarding urban infrastructure issues facing the County at Wednesday's Board Work Session. This presentation is the first of three sessions that will be provided to the Board between now and October's Strategic Planning Retreat (October 26th). Wednesday's presentation is designed to be a general overview and no action will be requested. Albemarle County Executive Office 401 Mcintire Rd. Charlottesville, Virginia 22902 (434) 296-5841 Today's Work Session- Urban Infrastructure + 1. Vision: Why are we discussing it? 2. Reality: What does it mean for Albemarle County in practical terms? 3. Response: How should the County respond? 1 Development Area Comparison .-fI97! Land Use Plan: - 20 designated Development Areas (Urban Area, 5 Communities, 14 Villages). - A total of 37,000 acres designated in Urban Area and Communities.. not including area designated for 14 Villages. . Current Land Use Plan: - 5 designated Development Areas (Urban Area, 3 Communities, 1 Village). - A total of 22,300 acres designated in Urban Area, Communities and Village. Growth Management Goals · promote the efficient utilization of County resÞurces through a combination of Designated Development Areas and Rural Areas. · Direct growth into Designated Development Areas. · Discourage rural residential development other than dwelling related to a bona fide agricultural/forestal use. · Strongly support and effectively implement the County's growth management priorities in the planning and provision of transportation, and public facilities and utilities. 2 inthe D~velºpmen!: Aœª~(~o/º-ºf the cQLJn!;Y) . ¡·...development must be at a higher density than at present to prevent sprawl ...the quality of new development must have a positive impact on existing development ...master planning is needed to achieve a higher quality of new development 3 Density by Design Urban Density can: · Proyide capacity for new resid~i1ts · Facilitate pedestrian orientation · Serve a broad population · Allow for efficient delivery of County Services · Help preserve Rural Areas · Provide amenities · Facilitate vital community life · Provide convenience and choice /~ ~~, " ~'Q,.~ ~ IJJ ~.': '~~:~~j ~. . ~ I'"'t!::; II - ~ ~ . ~ ! I I ~ M' '-- ~ .-- ... I ---,.~ Design Matters more than Density 4 Growth and Urbanization . as Strategic Priorities --t · Goal 2.1 Protect and/or preserve the County's rural character · Goal 3.3 Develop and implement policies that address the County's growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County Urban Infrastructure Questions I. What urban infrastructure is needed' II What are the important issues related to addressing urban infrastructure? III. What are other localities doing to address these needs' IV. What are the anticipated urban infrastructure needs for Albemarle? 5 Transportation Needs + · Primary and Secondary Roads · Bridges · Bike Lanes · Pedestrian Sidewalks, Paths and Trails · Traffic Calming Measure · Intersections Improvements · Transit Facilities · Mass Transit Public Facility Needs · Li bra ries · Parks & Recreation Facilities · Fire Stations · Schools · County Operations 6 Streetscape + · Funding Streetscape - Hm..... IS It funded dnd who pays) · Administration and Maintenance Who's responsibility) . Slde';J¿¡ikS . Strèd trL"ES · Timing Present need and will groVJ IJl future ( hample: $11.3 million for transportation, Including Slde,thllks, In 10 year dssessment 7 III. Other Localities and Urban Infrastructure t- 1 Spotsylvania County (Demlty 225 people / ~q. mile) Hennco County (Density 1,100 pçople ~q, mile) Charlottesville (DelNty -1,500 ¡x;opk ."q, mile) Albemarle County (Cen"lty 120 people ~q, rTHie; Develcpment Area Dên~,¡ty l,JCO '>G. mile) 8 9 Response Questions: I What alternatives exist to address urban infrastructure needs? II What are the impacts of addressing these needs? III. What is the County's commitment to urban infrastructure? 10 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON MATTERS NOT LISTED ON THE AGENDA FROM THE PUBLIC - SEPTEMBER 8, 2004 The following guidelines will be used: --15 MINUTES ARE ALLOTED FOR THIS PORTION OF THE AGENDA --EACH SPEAKER IS ALLOTTED 5 MINUTES. HOWEVER, IF MORE THAN 3 SPEAKERS SIGN UP, INDIVIDUALS WILL DIVIDE THE 15 MINUTES ACCORDINGL Y --PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK. 3 --1~!U dJl3- Y & <g 4 4 IÉ /!/?fl4EA/7RouT- 5 :Jõh,v r (/ E,f ~//t'¿)/f/ 6 ~-7733 7 8 9 10 Albemarle County Department of Fire Rescue Weekly Staffing ! I I ! , , ! Week of: 09106104 Sent Bv: Chris Brooks I I Monday Sept 6 ¡ , I Leave Station 4 Station 6 Station 8 Station 11-C Rescue 7 I Rescue 1 I ODerations HOLIDAY N. Carter Munale 6-16 I ! Cowles AL Keim 70-7a Keim 8-18 I , Ledford 1 K Carter 7a-7p Tuesdav Sept 7 Leave Station 4 Station 6 I Station 8 Station 11-A Rescue 7 Rescue 1 Ooeratlons 18\ Deane PL Burkett 6-18 'Monroe 6-16 Marchant 6-18 Puckett Munale 6-16 Bover 6-18 Snead AL Walker 6-18 K. Carter 6-16 ,Walker. D. 6-18 Brvant Fisher 8-18 Elliott 6-18 Kaufman 6-18 Schwab 6-16 Pitt 6-18 James Moore 6-16 Stancil 6-18 Bvam Garrison Trainina Wednesday Sep 8 Leave Station 4 Station 6 Station 8 Station 11-B Rescue 7 Rescue 1 Ooerations 18\ Snead AL Burkett 6-18 Monroe 6-16 Puckett 6-18 Brooks Munale 6-16 Boyer 6-18 Marchant 6-18 K. Carter 6-16 Walker, D. 6-18 ,Ascoli Fisher 8-18 Bliott 6-18 Kaufman 6-18 Schwab 6-16 Deane 6-18 Braunger Walker 6-18 I Moore 6-16 Pitt 6-18 C. Walker Stancil 6-18 Garrison Training Thursday Seø 9 Leave Station 4 Station 6 Station 8 Station 11-A Rescue 7 Rescue 1 Operations (8) Garrison PL Burkett 6-18 Monroe 6-16 Brooks 6-18 Puckett Munale 6-16 Elliott 6-18 Snead AL Marchant 6-18 K. Carter 6-16 Walker, D. 6-18 Brvant Fisher 8-18 Boyer 6-18 Walker 6-18 Schwab 6-16 Deane 6-18 Bvam James 8-18 Kaufman 6-18 Moore 6-16 Pitt 6-18 James 7p-7a Stancil 6-18 Friday Sep 10 I I , Leave Station 4 Station 6 Station 8 Station 11-B Rescue 7 Rescue 1 Ooerations 18\ Braunger AL Garrison 6-18 Monroe 6-16 Puckett 6-18 Brooks Mungle 8-18 Elliott 6-18 Snead AL Burkett 6-18 K Carter 6-16 Walker, D. 6-18 Ascoli Fisher 6-16 Boyer 6-18 Stancil SL Kaufman 6-18 Schwab 6-16 Deane 6-18 C. Walker Walker 6-18 Moore 6-16 Marchant 6-18 Pitt 6-18 Saturday Sep 11 ! I I Leave Station 4 Station 6 Station 8 Station 11-C Rescue 7 Rescue 1 Operations 18\ Cowles AL N.Carter (Garrison swa )) I Ledford Keim (Ascoli swap) Sunday Sep 12 i ¡ Leave Station 4 Station 6 Station 8 Station 11-B Rescue 7 Rescue 1 Operations (8) BrooksAL7-19 Fisher 7-19 I Ascoli I Braunger I ! C. Walker I I ! , I Brooks 19-07 I , RECEIVED AT 80S MEETING Date: 9 -?- ð<j Agenda Item ,: 7 Clerk's Initials: Þ2d C- CALL DETAIL FOR STONY POINT VFC Jan through Aug, 2004 6am to 6pm 6pm to 6am Weekends Total calls Career Vols Vols Primary 11 9 3 Secondary 7 1 2 Jan '04 Total 18 10 5 33 Primary 13 7 11 Secondary 3 0 6 Feb '04 Total 16 7 17 40 Primary 12 7 6 Secondary 8 2 3 Mar '04 Total 20 9 9 38 Primary 5 6 8 Secondary 5 5 8 Apr '04 Total 10 11 16 37 Primary 7 8 8 Secondary 7 5 3 May '04 Total 14 13 11 38 Primary 13 6 5 Secondary 6 1 1 June '04 Total 19 7 6 32 Primary 9 8 11 Secondary 13 7 9 July '04 Total 22 15 20 57 Primary 11 4 7 Secondary 8 1 1 Aug '04 Total 19 5 8 32 8 Month Primary 81 55 59 195 Totals Secondary 57 22 33 112 Total 138 77 92 307 RECEIVED AT 80S MEETING Date: 9-J-óy Agenda Item II: '7 Clerk's Initials' E-~ .__..._~.,-_._- We, the undersigned residents of Townwood, ask that the Albemarle County Board of Supervisors review the special use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albemarle County Code section 31.2.4.1, which states that a special use permit may be issued if "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue. !4--m~ ,J r ,~ -, x:: .. _ /})<- -;' ') , '- ""'-" r- (\ \ '\\....-\ ;'\ , r EMAIL ADDRESS (./. . ...... ie' / ! I J ¡t: i{ ,,/),) f ,/ ct·) f. / - )' .^'\ 4 ¡tt (,j C ,;. ( ['-'" ..11 ,-.- .-----.-.... -<.::1 'C: )~ I / r ADD~ESS -r _6' ' I ( " 1/", . ~. (-;, '_, ' ,_. ...\ -c- " , \. uJ "'pi Iflr¡ \ ; ) /~.Jð 'ì, ,/~· r/. " (ß..L: ,:::>(:¥ i';~ "'1 . t{ ~ G. 1" r n ¡If .) 63<: Lv \ l II.ftf ,-,1/1 J PRINTED(NAME fiF ~ ((( I\.t::: J. " '-:"" J,JI ::.:.)(é".f~ J .~~ ¡l (u ¿ , f\-\ (I / \:j-z:\.", l, c" .,: ',/ ) '2)<'- U.'vAt-' T'- - \ ,.J' ( lfr".- ( , -. V¿ 'viiI J t£i ;, _ i,~ ,77';)1.,.. ~"J I (,2:> ... ~j .;) l~ 1-b7" {i ( -1 li4-C, Lw~ ç,,,",, ..(~ ( ,/, '-'-:: '\ éÞS" S ér)-rJ ~:ì 11\ (21 I t, S 'z Cèr:-( <; {J i-L.- 'jj ~ f« ! . I : L t-i ,~' i ,:.,; (1' ..' '1 í./ , ' - ,~,..-' '" ",: - / 7 5-:0-4 <==) J) f...AoV ~:J\-c. ,', ~ \. r , ,..-'"\.---- I íLtJ (i.A 1\ J f"-..>...... f'<1, htr oj -cç~o Î r '\S \: ;j, LA.- .t' R r BB. lED AT BOS MEETING Date: J-J-tJY Agend1ltem #: 1 Clerk's nltlals:, rJ!2Oc.-, iF, , , rl .¡,. t f- t- i [,- \ !h n I...~.\.< ( v/:.J , , i Y .~ { I' , I",i \. I 1: h ( I , \, )"~J '" \.." \-' \,," r I :. ( I ,. ¡ ') , ,.' ,~ i ~ ( '- J (i (~!-' LJ'\..I 'L ;",," b""'; \ iY' t\\ \ \ ' . l·L ~\ll....-;.;\ '- /. -i ^ . ì J., .... ,--. , ¡'ì ::; ~.-- , ! .... ~ t ì- i.t- J ( 'T<..., I ~1 c; -+ ;' k' 1<. We, the undersigned residents of Townwood, ask that the Albemarle County Board of Supervisors review the special use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albemarle County Code section 31.2.4.1, which states that a special use permit may be issued if "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue EMAIL ADDRESS t'\~d' !}O~ \, f c.... (/r'. L'l: /t)C~ CCt"'t~'\1.-'\J 1(; We, the undersigned residents of Townwood, ask that the Albemarle County Board of Supervisors review the special use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albemarle County Code section 31.2.4.1, which states that a special use permit may be issued if "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue. ¡r We, the undersigned residents of Garden Court, ask that the Albemarle County Board of Supervisors review the special use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albemarle County Code section 31.2.4.1, which states that a special use permit may be issued if "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue. EMAIL ADDRESS ,Á.J oÁ.J C- ADDRESS /S.~O çp{ ßde.t.l C /? 5g ~ ~~/l/]2(\J C T PRINTED NAME ..-.- i¡ /1 /i? . .- /'1 l.//""5 I C:YN¡(.)<;i:-þ(:;) 7 ,." ~,¡ - ) ,I}t r I .:> ( '-:!',.. / vh,,-, /;i) 5 ¡) < .~ ~u~ ~~ c' {7,? .,r.::>/ é'VI ~a{~ C O(} 6-vird.,( '7 (~ ~ rwf;,-h~ £V~~ '~J~..;,t- ~ ( (/ :...~'). ..vi II . -f ,- _ ~ v, _v..... ...LV1 r-"~ ; c~ I enJ ,q I k (c /'../- - ~. Î' A· '...J-1 / " , ¡'~'-1 --1 I ~ ~~1'-'~ ;:W~ rf ~ II ~ We, the undersigned residents of Garden Court, ask that the Albemarle County Board of Supervisors review the special ì use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albemarle County Code section 31.2.4.1, which states that a special use permit may be issued if "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue. EMAIL ADDRESS ~íeAHðV'(i. DV€J ~Q ho-hv~ \,_ \ - PRINTED NAME ADDRESS ft b~(£J- ~,rvdS ] &L1 ~ r;~~t-^ (± -D1lVCou \J~'Å"w ~ I <IDl C. 2D\óÝ't'\cJ)'\ ~ .J2q o! \\o..t"" ~ \c.u. \ c,., '\ '" iQ 0.., ~~,.¡ <:::0,-,$1_-',- .:L~ q 0 I \'\(2'\ C0¡, O~~'tl. aQO¡ ú/ - . / Lou / ~ /111f17""~ ¿, J Cp?.. t, I :J. "7- 90 I G~1110 ~p Ws A71he""i.ðris Cc,;;(L/ ~cu-ol_!U,-r±- ::Jd.-CJOI & We, the undersigned residents of Roslyn Ridge, ask that the Albemarle County Board of Supervisors review the special use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albemarle County Code section 31.2.4.1, which states that a special use permit may be issued if "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue. E EMAIL ADDRESS PRINTED NAME s. a-: kOWE h u " ~ · · · ~ · · · · · --111 (; - 1. ~ ....J , We, the undersigned residents of Birnham Wood, ask that the Albermarle County Board of Supervisors review the special use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albermarle County Code 31.2.4.1, which states that a special use permit may be issued is "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue SIGNA TU~E PRINTED Nf\ME ADDRESS C' ~. EMAIL ADDRESS \1\ \;1 If ( --1/ -. C--,v ì \\p ! {~nL~~~ I I .!--. '>' ! "7 I / "'- .!-l £:/ . (~ .V"1.. c..~ I - ~ .. J - I II Central Virginia Family Forum We, the residents of Charlottesville and its surrounding communities, ask that the Albemarle County Board of Supervisors revoke special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. This zoning exception, originally designed by the board to accomodate a "professional office building" has been improperly extended to a "hospital." Therefore, we ask that this "noncompliance" to the original use result in the immediate revocation of the permit. (/ r:¡- EMAlL ADDRESS ad t.u't"'@t>It_f~."Q..øf Yt~-r /« 7'~3 ) ..., _ ,- c, ¿ c;./ ¿flG , I Please send petitions to: P.O. Box 7783, Chartottesville, VA 22906 PRINTED NAME ú.h YAle- Y 6 J) e r<. Central Virginia Family Forum We, the residents of Charlottesville and its surrounding communities, ask that the Albemarle County Board of Supervisors revoke special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. This zoning exception, originally designed by the board to accomodate a "professional office building" has been improperly extended to a "hospital." Therefore, we ask that this "noncompliance" to the original use result in the immediate revocation of the permit. --- -- PRINTED NAME ADDRESS S'CA* Po £~ç....L....... Let"'~, !I&frn'f!",iwr:; ¡J c Ro H..r,.. EMAlL ADDRESS >c-t>-If€? .$c-oif&f.,"sh~el"l "'. C'Þ11 d/71 o VA 2 z.. '602 02';:¡ ~ð óI so"''=>.....rc VA sA"te-....... v..f/3 Î Please send petitions to: P.o. Box 7783. Charlottesville, VA 22906 (Ç"""tr.rø... 7 6 '( c...tJ.s~ /, . / t..¡?/ L-f)t<.Þ,/vA 307 ..307 ~,....S' Ku.rtV\'\(- ~....n:1 13Rck ~ 5r/fRl< JNJ~T W~Lr'f I( L t: y c <-- We, the undersi ned citizens of the Charlottesville area, do not want Planned Parenthood In our communi or in our schools and we do not want tax mone iven to Planned Parenthood. Do (\cìeJ G r;tsm -C I""', \ q þ.¡ç~ b u ( ~ ~V\:,¥ì Y\ \.-~(\ i\<'k.., Mo\";..,-v-...,,"'^" ,,~ ~..lA tw..11.\, 2.,:>\,; (UIA\~ µ"Ù\ ~ lv"otv. \ V/+. ·2.:2.ct"32... 'lie, the undersi ned citizens of the Charlottesville area, do not want Planned Parenthood in our communi or in our schools and we do not want tax mone to be iven to Planned Parenthood. EMAIL ADDRESS ::)'?S./.1uú ¿,,-~.4-y ,r II j) "' '. '~) (et{;.tO}(»^~,(Y'.{¡'MI)\ LL'-'Ü\( (( tr \-::L'c'::. (V¡(iX\ ~ ~ 5,..,,.,.. G~ 22101 r~@. vi,;!"''a-. ek. ¡:? Ø;/~' J.oi.< A lJ tll ù ')~ (þ ~tþ6:J c.5-þ^e , ^ e...-t \ /:1-- n our community i ~e, the undersigned citizens of the Charlottesville area, do not want Planned Parenthood or in our schools and we do not want tax monev to be given to Planned Parenthood SIGNATURE .Fo5Tt:'l<.S"z~æ ¡fo'-. ~'t¡ ~ S~C<tTblÁ"2.P-' 1a..fv;x;, .cVI~ ( ~ n our community i We, the undersigned citizens of the Charlottesville area, do not want Planned Parenthood or in our schools and we do not want tax monev to be given to Planned Parenthood PRINTED NAME SU~Y) De-ip 1T6Hr;;j~æ -b~,-P;f '4,NtT ¿;J EMAIL ADDRESS /1 e, the undersi ned citizens of the Charlottesville area, do not want Planned Parenthood in our communi r in our schools and we do not want tax mone to be iven to Planned Parenthood. SIGNATURE PRINTED NAME ADDRESS / -~'III v 0~7 a Î <:> ':1, D().Jlou . fchne-t/ú 1ft U{ih c.o('C\.. 'ßoL\L\.--. ~~~t'5tocd ~.f./¡blf.y D. w~ J !!:¡¿ f1.~M.ç .... A d~v( IÓ ¿ ,~~ - -- We, the undersigned residents of G ~, ask that e Albemarle County Board of Supervisors review the specia use permit granted to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception may be in violation of Albemarle County Code section 31.2.4.1, which states that a special use permit may be issued if "such use will not be of substantial detriment to adjacent property" and "that the character of the district will not be changed." We therefore request a public notice and hearing to discuss the issue. ¡~c; EMAIL ADDRESS 22.7tJ( ADDRESS 2L("1 Co .-- /t d, / /r-c./9 , gçõ&" Tli/tu'cA9?- fY)(f\-ll';k- P a.A_V' " ( ( 0 ~(Ç)se c)s£.. Q A-r¡¿l-. -A c;,~, jJ cd~ C:..- ¿ ",,"- 72 ?t' 1./,4 c t. .. ~!c -I.ÞJv,h ..e.rI ~..:- J;¡' 11",- I-f, c-z.. '-/ C1... u--- ~~ /~ nned Parenthood in our communi d Parenthood. ÞRESS t'-f.--t- ..s- We, the undersigned citizens of the Charlottesville area, do not want Planned Parenthood n our community i EMAIL ADDRESS Þ\ cb 7lÆr í?rø-~ Cj-:@ a/)!, II\. ^~,." ,,- 1M5 -/11- "/ / n our community i We, the undersigned citizens of the Charlottesville area, do not want Planned Parenthood or in our schools and we do not want tax money to be given to Planned Parenthood t!cY'°1 ( EMAIL ADDRESS @QCleCðI'r-] t . dflJ-naÆì 1/ f ~i ý},~~, ro .~I~\~ ~"':'o;:;"""'" /' . ~.---'~ 'Ne, the undersi ned citizens of the Charlottesville area, do not want Planned Parenthood In our communi or in our schools and we do not want tax mone to be iven to Planned Parenthood. ADDRESS 7 !At{/;; v -';:í /)(2. I ;v€ ~,. Ci íé/..o.J~ z<:c:,',t/¢: ~Æ,0. ¿ OG-</J' "I VA- z.. f 0:.>7 . / '6 f'"J ~ c,/ (~¡; J.b SY;i/~- æð. I ú./.Ii~,j1tJ 23¿9.:> , /. I . M"~Y\ð( ~_ ¡\;\f-~,{~ 12.j'~ JÎ.'tle.rV-,.,JA A\J() C~;)/e \/tl 22c¡ð¡ J.._-~t:J(çUt@2f:;'arIU;^~. /0 - We or : want -. - ~ \ø2-Q mcniei Dr. td.Y/':f,,¡¡I<> V~ _J( r It, y ¡"to.... ~1Y\~~ ~Î-Ù ",^oo're\ \)c Eo.r-~v e. VA ~ the undersigned citizens of the Charlottesville area, do not want Planned Parenthood in our community tax monev to be given to Planned Parenthood - .n our schools and we do not > · Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central E-MAIL ß ;? . ADDRESS . _ . ('\~~ E .I\~~\/J''J~CX~ t 'ý \"C\ hy\ -~l(..J ¿ '<VI -\ : 'é) d. q ¥: 3 NAME 1-\ k{ nm1JCl :¡ .., /24 ~~ ~~ ~ {¡ I" ;r¡ Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783, CharlottesYille, VA 22906 ( ¡.v, D bS K..'"' 1:> ~ ...i::..ß t.' Þ11.",.-.5' F/ ,I¿.."L-¡J {' poS ¿ Ii - - II - tð/5l>. tL \ :!. ¡J¿' f: H ...Lßdß ~)~ /j /17./3 ð) ¿/ ~.l/ CJ J-P,v1:! < ¡; I ce If ç il S -6 f) 1 Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-QQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original íntent result in the revocation of the permit." The Central ;ì ('~ c,. ,() : c J E-MAIL mV5.o.V,0r hecl ;¡ L '1 ! LL II 'ífl·~¡''''I//¿ 4,. ¡L ~') / L I h? ,--, ;'"-..; ,,~o Ai I (qP, '''4. ADDRESS -3 J' cf /:LCES eo( (.,0 ,V- ~ 0 ,'\ ~ Ü ~l ,,,,,, -1-/ LC."('''''''D;''':v:l'''\ ' L..., J . ! t1·v.... r f\ r NAME SIGNATURE cIUI¡!ì I ï: - ,- '¡1\¿..1",%C", I \1 ",)\4 \ \¡ , \1/) 2 ¿ .:w:z.. ". c'IJ (u vA OC.)" '{ " LL'r_ . \ I L' u..i¡V1 iA t c..u (j ('J cI ( '§ I' ~ C[ t Ll rio L· ~ (', -; j 1./1. (fl ;() c.::: L)( £ o -, \. l1... \ ,: \ ""'. () tV's;. Ì/ 1/ ~ I- ( (.' .Gt. Charlottesville, VA 22906 Virginia Family Forum. P.O. Box 7783, to: The Centra Please send completed petitions I I~ '[ s-ù I }\Ç( Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central felu ) ...-'\. ;ik.. 11ý 1/5J16&~ )-eI-- E-MAIL (¿ 2èìo ADDRESS '~3.À- ß NAME to: The Central Virginia FamilY Forum. P.O. Box 7783, Charlottesville, VA 22906 Please send completed petitions I~ °1 - /s- 1 c,'( {¿l Ct'yc0' Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central \ ! .J-... L- '--'C- ~ . f{0ìl¡,uh"/ ! ~J/. 111".'1 ",iù I"'cL. ' " ~ (, E-MAIL The Central Virginia Family Forum. P.O. Box 7783. Charlottesville. VA 22906 C t 'rl1et r? ¿... , ck2 k@ V'lr( aÞct, .s ADDRESS rÇ 7~£(/\/t7 6Iç~ ;t/ ¿,f; /, 0'43 (0 (~':/]l1ncl< ~ co 'S P.0. :4:\, 2.(./') ~cl0'3 ;,)32 ÚmlY1mwe(lith Cf ~-;OèiL ~C'L.l Please send completed petitions to A NAME (.'/v(~n '-' r::. (; (0 C!)r¡Ú'F'( -7 - IS· Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors reYiew special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra E-MAIL Z'ß10Z,. ADDRESS 'r~1l ( 0),1- f 1 Q. S ('.X b {:J c c~/. (C)(Y1 o \vf (}(J(¡ ( oerl- t-~f' {.( y'ih h/ìk.W+ ..:). (··c tc'- (,::) ; Ir1 vtllf 22(fO] -, ( (ê '( ( ..1.."/"1_ CGh. I I C'ò k - - ~ (( ...w. ~ 2 - it I I 'Y) '-.1 , é ,( tACì ~'II¡J¡": c\ ("("I vj rJ¿.';J-S7o-c) , ('¡lit , I "'.' ¡'" ., k""v Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 "? :;;> "ì vt1 2 '2 £f1¡'1.. Y5 v¡U..<: cT r (IV ¡Ç 42~5 to: The Centra Please send completed petitions /9 1- (s n Virginia Family Forum "We, the undersigned residents of the CharlottesYille area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra E-MAIL L 'z So, GR'-((e Ulê6ì¡J\~~6?L '1\ 1<'" "dt{ ADDRESS NAME IS.G ~u-. SIGNATURE f({"¡@'--Ic..tLC'~ < L:' '1 fJ..brtf.~ fll>;ytC?_ :....Si 6yi.t,¡¿ l2dt.L ,Z- eJ ¡)) LcL V, to l W '1 (,þ (§3. V t '('1 a.. /I', 4-- 2274 7- to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 2.--1 r:.; 2- ,'vlo~.(j\t~\.. Pd t-'¡'~6rê~ ~ '-Jr ) G '" C;frrvl~ (\..-i 5i.J;..~ Il- 580 L .~\. 5o.x\rx:vlI.. ~ - ; "' - 'ß,a n fì cryJ ¡Á- W I LS cJAJ Please send completed petitions c :?/t..'" c.'.tt., hÚv.JorJ-s <:."5u rn(lI"t.~_1 G( ~ / ~J.oCt/;¡ hO-t O'~(CP L, Ý ~ (~ / èèQ¡\\ ~__ (/ L- The Central Virginia Family Forum "We, the undersigned residents of the Charlottesyille area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit.' :I( ADDRESS '- ( 11 1- ( Please send completed petitions to: The Central Virginia Family Forum, P.O. Box 7783, Charlottesville, VA 22906 ~9 ,( () s- I 1- If' v-) Virginia FamilY Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central E-MAIL 6 os.s ADDRESS NAME h- 0... V\ C' ..¿ (\ e..~ iliS; ~û'ö2, \ \j~i;S l.-l-.fw<k n\ CU¡1, C£¡ S~J ç~~ m to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville. VA 22906 ~O~ e... \ \.)JpÇ. fðp- C 'v '-/0 Please send completed petitions ~ The Central Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hyd',"aulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." SIGNATURE NAME ADDRESS E-MAIL ¿;l) 3cJ "ft(r /eh .:pr, J-:s 7JØ¡c,.( W 4cJL ø :?à , . ,ÇwJI /I ( Sr,CIC\I~ AveV\.\.{v a.)t'Lbl){,LZ-f¡;YO-.·ìf~O ,( :...... ~; 5 fté1 ~J\- PPttŒA- lf3 'f7) ~~(!. t:iL1.) ftM ~ ~1JR. _ ~ b..1ii'IU.~< ''<1J7 -¡J,~ fl,{ CIv.-¡ft" _ , '\4/ '-P S'cu! l /0 2-' \ {?J'~~ ~ '~vtí&JllJ. q¿ (~ ~ h-WS. ~~<CL> ~o-\Jbtl;¡;' ;ps WALN~t ~t'::. ~[o1:Ie..v,1k \/A ( ¿J ~~.. '\ !744~ -1t1 ~ 1n 011 -EI r;¡ yi OJ a i1 ;)( ~ 1 q .So¡/J\I '^ V\{\~b C':! Ñ,.,t4bSo~d ~ ""I \f f\ s *f ~ M. r ~ ;EP+l-0J ¡.I-.J''' 4-7 6ê~",,>1 ~ . -_ ~ L~~ li1 u..yf ^ L()L~ ~ 3\ 1.5. f2J.- C.JII ,l Ie... vA- Z:z...'i 0'-.. ls~Ss@ v,. !.!..::: ,~ / Mtt~ ])~~ 142- GI~Crsã.-f:-((o.{ úxrrol "~s+de- . x¡j, vII ~~b1 _ - '204 ~'2-R.. i2.d . C\J)l~ V A d- Q~) _ ( ..2..1 N~ Fe _ 2/:;/ \r-I' '-[úrt It Dr· (ì 3~ L1(_~ '-'7/v 7 .., .,~~. ~ .:-¿.... '¡ Ù ".;7 ; .(, 11) 1 \?m: {ô\¡) ~ \M;;)\'1 . /9 Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783. Charlottesville. VA 22906 The Central Virgima Family Forum "We, the undersigned residents of the Charlottesyille area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." p/[Ir~¡ #6- c......., t ~.? ( (I r-1 <-7-0 I C 0b'i N'I "Ill \ E-MAIL Jtlrscul 1iì\\('vÅ?'Z"\O tv \ - Ie. VA :2-J..'13b ~ Uti 7.-2 c}Cø ADDRESS NAME The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 Please send completed petitions to /0 / \ The Central Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." SIGNATURE ADDRESS .Q I , : r. · : · ¡ ; · , ~ I I I? Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783. Charlottesville. VA 22906 ,. .'~ . The Central Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." SIGNATURE NAME ADDRESS E-MAIL f hJL {,·Ik(A..... ''''þ L ÆK f3é! .£ L..} I1-C¿: A..-,"\ ~ -t¿) ~.,~;.) ~ c' ~~ k :;J - c' .::L -4 0- s-- l( IÌ ...{ 7 Lfr.'f7 1~{)C( ~ _:J, ~{:¡- j~ '-!¿/(I S' to: The Central Virginia Family Forum, P.O. Box 7783, Charlottesville, VA 22906 Please send completed petitions ~ 15 Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central oI.-2ft3 )-).-9G3 E-MAIL 1-/1/ ADDRESS /?,..; ¿)EJeOS,9 3to ~ NAME VA 22906 e rglnla Family Forum, P.O. Box 7783. Charlottesvi Vi The Centra Please send completed petitions to /7 Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-QQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra (JeT t¿'At E-MAIL ilÇliiLj~{~ t Q. S··t! (Au .-- ~ ADDRESS NAME Q4"C~l\ l-iz '~.L¡. \ Dt SIGNATURE k/: Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 /? Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-QQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central (. ') E-MAIL ( ( (' r / I Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 /? Virginia Family Forum "We, the undersigned residents of the Charlottesyille area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central E-MAIL Un... ADDRESS I ð~ Sl-fo /J.-y lLh9 ~ SIGNATURE to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 Please send completed petitions /7 Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." E The Central ! 35/2.. ~a_t! ' ~ f ( I v( k I I E-MAIL f q.!.2:. !:::I. V ;4- ~v-ct€ IC'l Semr- - - - 27 cìD 4.) r Llit' ¡{ D D p ADDRESS 7 /11 ?ovÎ~ NAM é<¡!Jr] 60rde/~ ðf+ØAR.^ T~ï A WCf'¿( to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 Please send completed petitions 17 The Central Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." SIGNATURE NAME ADDRESS L¿1 é' Å.. ,-..'-/., -~ ,,/ .-(;>fu, (........ t'( el 1,-· II / l , J r-:. :-...{ ".' '- _ " _.. - j ¡" II i\. /(... y ~I f ,')~ 'p/'; ¿: .1' I' / - ':s - - ioo.,....__ '. -:;,'''--(3 E-MAIL ~ J- ~y :3 ì 83, Charlottesville, VA 22906 /r¿- .3 - ""'.. - - ~t1 ..~ ~" ;(~ Ä 'vA -7<.. '~', <:. :;: 'l./A; .)..].. ( l !(' .. I ~) .,L ....... L{. The Central Virginia Family Forum l. '- ';'_'V....,'A../ ·1 ¿C"f ~ / to: , ¡/{- U---..4r . lease send completed petitions /7 Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central ¡ (f If â?63 .".7 ; " ~.2:...":;;.o ..3 E-MAIL wvv-é L~ 'Oat ADDRESS ~ lJte, 5'J-ttil~ I b ¡hi The Central Virginia Family Forum. P,O. Box 7783, CharlottesYille, VA 22906 to Please send completed petitions ~ Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central .' E-MAIL ~ (j) .7j (~ "3 /' ~"") > '76 ','" VCt' -< ~_ 9 C, 3 ;), d. c, to ADDRESS 22103 :lJ-/Ob~ /) NAME Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 It Cel Z Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra , xC( C 4 fif E-MAIL )2¿) ADDRESS ~ \\:x Cc l~/~) "J. _ ¡ t...~. ',: '~; J l_1 ....,I_--'}\.-(:J\,_-t..,....¡,..¡'<.-£..þ ~'~h. ~ ,.-r-:- I ~J Ì"'---., ,/f ! uY\eTZ'>r\,,\ ' !1oMeA,J YÆ. l\{, ~# 14 .) 'j.. j NAME SIGNATURE '2-290 1 q o( 1.2 > ~/ - - )4 ~d8 ~'( -( ¿ <J,ç '2-4. , 7....1..((1.( ;/2 , L· CSS 1--: '- i "2 J- 2(:16 - í 2.2\ - c-v/ LL~ .' " ( ,.-- C ~<-I...,,'. '- ~, ) c Q<:L~ / I 'pc: tt( a(?êc~/91? & \...., P.O. Box 7783, Charlottesville, VA 22906 \ ' Y\ '- t-v. ê r l·' e - ~ .[\. :l... t g ft( ß L-J9 B't<tJVf1 \l--Ù f) Please send completed petitions to: The Central Virginia Family Forum K43 í7 Vi "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-QQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error, We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." y Forum rginia Fami The Central Œù£ E-MAIL ADDRESS NAME J.................... I I -{ l-{ ~ Qq 0 1. c+ c. .4..,.. (é E' ~ v' (I e ¿J'A (..{. \. ~"-/~Tfe<;u, ¡/ c= uA 11101, Pc f L.;?c:.C !J ~:.¡ 6~ .fa... " o j ~r.:.t.' tA tL{, :) C J OJ e ?,¿!/,/// c~(ûik,j,)·-Li...-<- V ~ 2..:<. F ~' \..( G s: ~l~-.J-v'J. \ \ l , ~ Vi c ¡ I I L The Central Virginia FamilY Forum. P,O. Box 7783. Charlottesville. VA 22906 to Please send completed petitions 17 tOL Iy Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." Virgmia Fami The Central ¡ , ,...,.1 ¡ "" 1""",. c.C'-.1I\ - - - - - - ~ C(¡ J~-- jJ fJ':. " c/ (,)- rsT E-MAIL c_ kl ;~ " r Z 'Z '1 D( ADDRESS S 'ì/o L0l,' ~u CJ1ý/4 ~ )2D0 ðr-è.é'.2-é 1)L:S W,¿':;,fÇ:/ {: I ~.- Q,.. S \-< NAME SIGNATURE T(I f1::: / '" t1k\{ 1)11 ~~ c ...././///;' /-1:""'" I. ..'-' , - . / [. ~- "LL<=i ð -{ ,. <J (~~ YJ( I" ~. 1.:::!.J,,¿ " /' \:-1 \. J , '"' ,.. ,:> ç I / ,- -7 ..., ",.-;;"-"-"-- I- .I 1:: \/</1· ,t,., vA 2 C i r:) i [( v ~)-1 \, l 11,:jCi",;? ~hL. DR ) , . .... ~---Il~ !::! ç D,,¿ /,' ¡,ll.¡j L'I / (./ /,1- .... , '} ~"Y /z~_~ /' .,:!. .2 ;1.. <2 c+- Chv 'i I ') Y &'. ,( <./1.'" é «., t ,/ The Central Virginia FamilY Forum. P.O. Box 7783. Charlottesville. VA 22906 n..d to Please send completed petitions /9 C oJ: The Central Virgmia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." !~1 ,. ~. ? '. e Q..ç í. <. (I '.. fi¡) ~t:(,h:., '~.~~~\, ("".", ......... J, ,'" ':. ---~~~. ~;': E-MAIL ~ '2-tj j /1 (/ ß- ~7 <¡:¿ ) ''/j -;z- -z-.- c¡ ¡ I I 1/ L fE../ , I C'~.. . \ - iD -~ >-.. \J1\~\ltlc I e V It ~.;;;l..c¡ 0 I - va/e VA ~d-70 I (j~f4 ( k(vk1~·:s (2 2.3.J k\ c-r- . ADDRESS 32-<J'ß NAME SIGNATURE ¿. / '-.... (c; v14 "27.íl/ Ú. ~..t+ ??.:¡ ¡; -/ 2. 2-2-9// (.~, ; v ( 7/Q ( C· ..; { I../"-::J, -~ .. I 11 CC( v 11 d~~ clz......V' c:. '-? " I r....,\.;uZ(¡ LJ Dv\,,\( ,~ !r;!t' vY\~\~ CLè¿ y Forum. P.O. Box 7783. Charlottesville. VA 22906 rglnla Fam The Central V to Please send completed petitions /~ Co--£ Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra \ '~GJ . <c;Y'n ..1' -" Jº!1\ÞJ!·::r····'.. '. .. ., '.... '0 (,,\l.{ ¡r(,,, , 1 ¡I' , 1 ,(," ~, ~~--'\ ( {I .. .~. :J ,".....!. E-MAIL I 'C¿KKt ( ." ¿ NI:x...lIr n ¿t , ;¿.). <¡ J..r . \ ~ ';L~.ßj 3h J ~ , ;.,., I'~ C- 'i./. '- '-.G Yh ¡ ""'"':2. -¡ I( bs ~. ~.~.J, ~~. ;-;'~ Ci l1 "---'{ 't: J U I ( ,(.è (/ k '/ ADDRESS .~) . C"'" 7\ ?'-.J ;/ t) \ ,., !Y\ù -n CL ,.~t. 4~ \1 /1 r/f::' I\G k~ P''CQÎ .- (, ;:-t_t:..~-¿þ -.:-if . 1,)'1 ;~ .:::. -~J. .u ~ l-p :....;..,. (..)? -;,.,?.).,V\',_. i ,,,,- ~ _ _.",.AT ~ .. . ." r f .;¿¡ ;.t~(..1é3 I "..)/ f· f)' " ,,) ¡Ç --"-'L.,;' I ~<,,' ...... - - /)/ . 5. {/k( '); '( \I ~{A.J:-.. _LI.... 1..[ ví !J.y 1.J.. D£ !~ I :.1,1.., j 1(.) Zl,j~\.. "3~"& () ..,.., ., ,,:..::>.-) h,J-./ ~ ì = .../-.¿ I..... L/( 101- t:::=:.. ~...........I ( ~.. 1'........ to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 Please send completed petitions /1 -j i I...........·.......·.... ~ I c (/ ::z: The Central Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error, We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." SIGNATURE NAME ADDRESS E-MAIL ll! t, i ' t ,.//'. ., -7' /:-!:."I-' ...a,(, '(\ !' J /;-~/~." ',l "\, -<..1, ) '{ ...., / /......- f /' ~ ~ ¿..~ ,/ .-' '~. 'I \ /." " . ,:;" " /', / /~, ~, C !/~;¡r.:_,....~_-..A...f (~_?-.(,A. }~'.!... (\.~--¿A.(t<¡ /·:.r/ó'/i.,....//'--~~;;;"~·~,Lt. /(,/ ~,.' ¿--·t-t. [-,I.,f /,".- 7',// .~ ¡'/" / ~. C L' ¿"<C:. ¡ / ¡:Zl '1/, £ 'J. _' fv:. / j¡ . '.' \. / . , " . i' . II ' . /', l (.~ ( ./A...WiÍ,- \. \A,.', .' . :'(\ ·\.ð \" t· i u.( \/1'\ .! /- JI ~.71i f, ( AA 7" ì tJ ~ \/¡4 2 ¿;Jq () I ~ _EA\l.L'\S-J\LLb è"Z.'-3" ; I r,fçJ¡ Lë~1 l4 2r¥<?",/ . r) / J -i-J-.. f I/. A -"-..c' C' i l.-- /t1 ,/f rJ II f:J U ¡/ I f' t".. /1 e:/ c:./ i' ./ I r/~/~ fvl A-t:-Y 1f£.t...C::.f'.J t-fl ~Ví Z- íH (/¿12..,'JOI<-H'f-tV.ê <:L¡H4.¡;!l-OTTE\jVít...LI/!... VA .J:;;.C/ ( ) f Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville. VA 22906 Co£. The Central Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." E-MAIL cl¡ L4¿ v41 ~ ht::7 , / ' j '¡//?~fÇ' , >- / - '( ({¿ ')l~ '~ :2 .l- J... "7 ({t /r:1 'lI; l. I l( c 7:2- ADDRESS NAME SIGNATURE to: The Central Virginia FamilY Forum, P.O. Box 7783, Charlottesville, VA 22906 ons ( ) Please send completed petit /9 Vi "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error, We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." y Forum rginia Fami The Central Cû Z ·1 ",,;1 c>"-þ , / 'J Ii: ,( 1 f I r / '\ (/.1 '.¿r~ i E-MAIL Ct (;, J l() \J I~ "{l ,C¡ . - Ll..L[ q 7 :J-.J ! -,/"' //:.' ~ (':'-r/';//, ~) (-t~¿' \ i- I L c / \ .~ 0:::)..1 ~ cd:s c ko 22 I'll .). -:z (i' é t/'" ! {. L .-J i-\... z z ~7( ;..~.:;: J t/c..! 'I '" ct: '2 ¿! c p~ ( ¡¿ ) ¿ Jrr II II L't Il.~ I l '-.( r~ ..... -l.~~¡1 -- "7 K( d Jd., ~ lL ¡: I j.Ù,,'\ ~ (, t;, c '-~>... liÍ },'f' I ,I ( (' i<-v þt.¿ __t~ , (( ~ '-, Uet' tel ADDRESS "- I' !' ¿~'~¿<-J, I j/ f q 'SL' , fJ "LL /' ~Ci~' (; ·S,-/ .\,; - - ," ::;.(;, + I.Y~___ ì -;-L 1/ )) '[rt L ~c L'~ 330"\ Î/~~ , 1Cl( :!:;.¿ " ,~ '..-- --, (/ .,,- d \,( .j't /J (; ,- i-0,) u '( V1Lk i) Ii i ! -1-) -tJ ()~ (ì/(i? L " NAME L ') ,lP ...; SIGNATURE Í/'{/ Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 to: The Centra Please send completed petitions '';' /9 Co;£ The Central Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." .Ú I ,- 7~ {if JeL&.H.;¡e (J fl'f(j£ _ E''' ; i:-" ./ J., : ,-¡' ;); t '2 :;:? .7 C .7 ' c- I /, /'~'/' /. I ..' "L (. j/ IJ..'I 'I. ,1JJ' -B ^ Oò' ' I' r\ ^ ï(. I-'í,":>/ ~,J¡ "(, vj!J) . '" _ v ,1 I... "it... (þ c/ (") vf7 k/(. ,_, .J- y';- d ( A ADDRESS ja /ô J,ý- )(1 ~. L NAME NATURE ú 1/ 2.r: ) z ) I.Q " c .\ Ì)/< L c ~lc. ) 'í/ C/ {/ /1 e ,- 12 '1L &, 7-7"'= t- t Ie VÎ c c\., .5 (/"'-1 C/i- S íc Jè{(/\, ~\ c t¿ ,,~\J. (lL .~ i j ./ -J /, I , .. -!-;- ((-, :ì -- '<7 (8 £; ( " yî' ...----.. -~ --.......... 1t n /) j Cj( ¡J¡:¡ il'l ...-:?-,!J "") (.." t-. '7 ~ I. II¿; +, c -(. Ll-E. .) - Pel c ():'- ( ) 1- ...., ¡./ç,~-C /... _'-"'-'-t-...J ,/\.;. ,> I /, ~ è":(\ L/ J L ¿ '7 [ ~ t-; - ...- -, ì~ (~v'~y--~~rL.;v C> r "I - (.: 1-/ ''- LS. ~ v/,-'T::- . ,- '¿ --_ v.- --.;..-- /- '- '" \..... _:.' J,____ , c:: k,' ,-)..l( I Jc¡ c<: ,t':>"'" ;' /~ /9t. -lJ y Forum. P.O. Box 7783. Charlottesville. VA 22906 - The Central Virginia Fam to ons Please send completed petit iÎ /2 (02- Vi "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." Iy Forum rgmla Fam The Central 22 9t:tj /(c:;.. Æ,d~(,,- b- '7...~ I; ". .. ?/~ ¡Jv&~ '''"/'2, ''t. . L s/~-v,; (:', ), tdYl ~ 'v;,.- I / E-MAIL cÁ.~y/t·IÅ'..,¡,,: Ì& 11/4 " / L/ - l, V1- ....l.~ 1& ;; (i vEt' :1 7 c¿¿ J l{) ~_A~~C./j(~¿.' i C Ii ADDRESS {/I,: II. b ~ Me f'1.. "( .), c;;j .~ ~/cC ç () ') ,~ f. . ,¡ !' /' ~:::/c <¿~ ,/ Y-: / ,P~ ~~ '\ ,~:-=. ¡ /1, ~)I.. e /1 (- ~./ -,.1 ¡fC-,_,f ~£~ VI Ilr r. J 22 \I {/4- it "-?:.¿ tLf.' / /(6-t/ //1/ ' --- -J 1..J.s. ,"id - ¡"b I{ Jo - r~ - I L - - , l- t. '- ~ .-' ~ ,. , , - - ~ ~ .- .i: -f, - ¡ ~ r / b! ~ ~ :::: -r .::: i ~ i~Ý (¡It NAME --..' The Central Virginia Family Forum. P.O. Box 7783. Charlottesville. VA 22906 to Please send completed petitions /9 eDf Vi "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." y Forum rginia Fami The Centra 22? el/ ,. ) }~' i4-~ . d,J~f~3 I ~J)l.d °ð ¿.)I LL J ..., -, - ¡, if' v ( ,]..\¿! ck1t1f /"IJ 1'lJ. \, j' ~ t", '!) ¡.¡,,/...r¡;;,:~v,,; vJj:~/~, ~ .c.·· i\'~ ,) ~ ' \ ,,~..J ~,~ E-MAIL ADDRESS NAME /Î SIGNATURE o Å :~-~<-fC{ u~ " , '- 'J "~-' ". ~.- i.... ~ J ¡u.. C~' 2:-1 L) ; C~' C)\ \'(,1 C- : #:2.9 ~, Z·Z-'Jc.' :2- -- ~, "-A..-à ..:... ',: -. -t s·'-'\.-1Tl~ PI Q...r1 é.í ':3, J~ G..~)Z-~ " c~.., .,. :--- '--" '¡ -----.' '. , : _ \ 7j-r-"\, "'---.__ -.-.:1 '-..'_" "" -=:fA mE'S P ::~ÌI\"",,V\<'" Þ~r~vY\\ ¡ - t.......: ~ ¡I ¡f,~ ~,of ,vi V<....-þ;¡..- ,A' ~ 7- v"--.:~ , j"" '---.. " \ (ì cj è. - ......-:..... Uv<-I i/.i. v/Í I ~ Lv¡ ( ~ Le; y Forum. P.O. Box 7783. Charlottesville. VA 22906 to: The Central Virginia Fam Please send completed petitions 19 CO:L Iy Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." Virginia Fami The Central E-MAIL d \'Oì'\ cÁi9-v-~1 C S -fô)l( . v ') r. '" -(\(\.0 '"T L c...., ;,j cJ>~ { 2 29 (L I l.Po ~ C ~ ¡ tf65 ~ CÇW'¡-tairk>k JJ,. /S"íO ~b/r¡ Lan~ ó""? 0 I'Zv -¡; (."-' 4. 3S ì? fYÎCLý) ..~.. ADDRESS Ç2-::' WfSt~~ tL ~ NAME 'ufbb ottesville, VA 22906 to: The Central Virginia Family Forum, P.O. Box 7783, Char Please send completed petitions 19 eo£. Vi "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-OQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." ,., SIGNATURE rgima Family Forum The Centra ~ ..{ '-zt?,6 ..3 _ 0,-.:2.;)..;9' ø / 22.'10 ~(. 2- ;2.dJl II E-MAIL ADDRESS L\'i UJo 0 ¿ ¡jl< $', 04 VI<Þ¡, u-,uc4. /q rc. hl\e.r '\¡ The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 to Please send completed petitions /9 CoY: Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra ,<- "6.. /'. \.. ",~, ,j j'< d¿<._ If ,d vi':+-' .) .-:+°/65 I ,? .{ l ~- (, :2 ~. ì. I YLiJ~ i ; L' : ~Zy· r £"'/. <-ï ; f ¡ ;// \c¿ \. <- E-MAIL '1 r, <.1- / Þ'l ,2 /Lc liJ.Ç. J/i, , d. b/;"¡ 'bt- (L.¿ / [,.-:> (.¡..:- j\, - ~ {¡;ìf¿[ /l:ti?S¡ i' J l../ J: t- I ) Jv'\. J l .( i ) '-- . y ':; -. J .it .I'd)·~{ /~ ,;L L! ADDRESS II.I 'I ·7 . L~ f ^-../ (.h2 ---- í /II NAME SIGNATURE / ( ^ , " 1" V f't '":) if Ui (: Cr ~'4 .;:!-.2?// 'it) cL 'E J,;2 -- V# .;)~ 7qj ..--, -...,. ç /oj ~....:../~ ~/¿'("} .... )1.;: ~ h~ , I L / b ;'-0 ~¿ 5 ø (.)-I£.I'I f" /7\. ì3c f2tJ 61 ê' /-1- Vrv~f é!. o ~ vh¿, if lht' ( 1,"f'Yi " I b Y'"""<: 'j, .) l-t ? 7 9"::1 L/¿;\j L-:(a c)., î2 L, çt 1J'l )\ /c ð-' ~ ç ï2L.l~ h:.';' ( 2-Of¡L Ct Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 to: The Centra Please send completed petitions )9 0o;L Virgmia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 ex1ended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra E-MAIL vIde. 'µ"pec-=irYl f€J/1 9£ c.~. ,,~r/Y1'1,ß11 ",<~Ic>~J-,.J.J"r· .::iL ~k...I.v ~e.c(¿...-A(J Aklp,,·t / r r (¿ ~ a lr~'¿';" ÞÑq~ ..,t,.) U ¡ . . ~ ( , , c:; 'iJ '2 ;r I?=7 -- &,(¡¡'f ( k:z,v ;')Ac: ""';..; I ~II-ll:- \ p, J(/J 1./: < ; ~' r 4- -)";"-j ¿;)...c 9' ADDRESS ':;0 D ~,-'v NAME SIGNATURE Vi .·tïM¿f~- \..'4 '4 '";) - () \ 't \.? p-.·:"\STc \/4-'1.. rM.lM. \....() /3t!> I ¿e.> Ie r :t f·({ "'c ~ Q('«L ·k.ëtk:I\'-' (~ 6(' I ¡:...c.,.~ // ec£~ ! I ~ (I< 2..2 "'ò l ')i ?L .~ ,,-IJ~ ~;) c¡ --"'" , v _'-' Uj V, I i ('V'\ k. e, VA 22906 lli. rglnia Family Forum. P.O. Box 7783, Charlottesv The Central V to Please send completed petitions 19 CoT- Virginia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-00-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra v.'\o.. e"hJ ~ ¿ ,-"'J~~""'" /2¡Uj -~ ,. I. Á./ ?' ,'-<£j )'lrt~ .-'~ 2..-~"r¡;;) í E-MAIL I I U /l_ L- /)... ;) ~ , I J.. 3. ï ' (/1?fJ laJ/.r> ) "'C. - - -. c ~ù ;-....)., ,1\;)(~\L't.-.J L1 (1.c.~, s...,4 v:::....... SIGNATURE ~. The Central Virginia Family Forum, P.O. Box 7783, Charlottesville, VA 22906 to Please send completed petitions I~ toÎ- Virginia Family Forum "We, the undersigned residents of the Charlottesyille area, ask that the Albemarle County Board of Supervisors review special use permit SP-OQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Centra L-o.> i:=-r d" 'i @ æ¿J ÞJj¡ f5 i6¡....J (t-~\I¡,,¡/). -)t ' , "'l~ , E-MAIL \ \e c~3 ~ tJf1. 22- q 0 ADDRESS :Jl?~\ "4C -c) \t\.,- NAME The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 to Please send completed petitions /9 CQL Virginia Family Forum "We, the undersigned residents of the Charlottesyille area, ask that the Albemarle County Board of Supervisors review special use permit SP-OO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." The Central ,.' \\dM-~~ .~ue¡ E-MAIL ADDRESS NAME SIGNATURE ( O"VÝ~ Please send completed petitions to: The Central Virginia Family Forum. P.O. Box 7783, Charlottesville, VA 22906 '7 11 CoJ:. Iy Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-QO-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." rginia Fami Vi The Central E-MAIL ,I ADDRESS ¡;; ¡'/} (~ 7/(2 - -' \ ~ U ., () '- , 1 . 'J i1~ o NAME ,( SIGNATURE y Forum. P.O. Box 7783. Charlottesville. VA 22906 rglnla Fam The Central V to ons Please send completed petit z Co'I The Central Virgmia Family Forum "We, the undersigned residents of the Charlottesville area, ask that the Albemarle County Board of Supervisors review special use permit SP-QQ-35 extended by the Zoning Administration to Planned Parenthood at 2964 Hydraulic Road. We contend that this zoning exception, originally designed by the Board to accomodate a "mixed use office building" has now been granted to Planned parenthood in error. We therefore ask that this "noncompliance" to the original intent result in the revocation of the permit." SIGNATURE NAME 1M ~ ~ r ,g t?j ~,¢ ..s11 ~ ~ ~j2 -;-, 12 F1 ~. I I Q' Ö Vfú( ....:-.. C-t I L '(ì' ('vtr).~ il\J, r--lc, I J c...:2(:{<.1 ð (s.; 1_ 0 ( IYl (.À / J, r G~ ì, )r, ~~ . c..--. E-MAIL ~J ADDRESS 1 :) - ~ W ", Del 2J. £n (8 'LI/fN, )1 JI - ~'i~~~ \/l~ Cr ! V,11 lie ;) e/I r: ¡ U.-f! i--t ¡;;; :'/:5 tc;l-/Sø/ q'~ Xi Dr , / ¿ ~ /(J (! ! ~i , t¿ I. ! It ¡;:;¡ ,-. 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AµadOJdwI U88q se~ ..6uIPllnq .:»YIO ,8UO!SS8j01d.. 8 ø¡epowo:»:»8 O¡ pæoq .If. ~q peuIJ!88P AI,8U!61J0 'UO!lde:»xe 6UIUOZ SItU. 'pea}! :»lIneJp~H Þ96Z ¡8 POOQ¡U8J8d peUU81d OJ uoge.qS!UIWPV 6UIUOZ .tA Aq pepuø¡xe st-OO-dS J!UU8(t 89n 18':J8ds .)!OA8J SJOS!AJadnS JO PJeog ~Uno:> ....8l.U8Clty 8IA ¡eq¡ )I.. 'semunwwO:) Øu.pu~n. sq! pue 8I1!Ase¡¡01J8lf:> jO S¡U8p!S8J eq¡ '8M WRJO~ A!W8:f 8IU!6JIA IBJ¡ua:¡ - - - ~ 'rJ^ 'all!^se¡¡otJeq~ '£8U xog ·O·d :0' suoooad puas aseetd 'f elde-e ~) ~ ~ \ f.,h SS3HOOV lIVW3 ----~---- - - - - - - - "¡1WJ8CI81þ .10 UOpIt:)OA8J 8¡8lpeU1W, aq¡ ul ¡1M8J esn 18U16!Jo 8'0 O¡ ..8:MJeudwo:»uou.. SIlO ¡ell¡ ,.- 8M '8JOj8J8tlL ..l8Mdsoll.. e O¡ pøpue¡Xa ApadOJdwl ueaq Be... ..6u!Pllnq e:»lJjo l8uo,.seIOJd.. . e¡&pOWO:»:æ o¡ PJ&Oq 810 Aq peu61S8P AII8U!6!Jo 'uogde:>X8 6u!UOZ .I'U. "peo}l :>nOlupAH tr98Z ¡It pooq¡ü8JWd peUUWId 01 UOAeJISIUIWPY 6UIUOZ 8'0 Aq pepu8IX8 St-Oo-dS IIWJed asn IB!:>8ds 8'10A8J SJoBIA.ladns jO p.œoø A¡u~ af..l8l.ll&q1V aq¡ 'Will ,._ 'sap!unwwo:» 6u!puno.uns S1! pUB 8111^S8ßOIJeq:) .10 S¡U8P!S8J eq, '8M WnJ0.:l ~IIW8.:1 e!IJ!6J!^ 18J¡lJa::> CERTIFICATE OF ACCEPTANCE OF TERMS The undersigned County Executive of Albemarle County, Virginia (the "County"), certifies as follows: 1. Pursuant to a resolution (the "Resolution") of the Board of Supervisors of the County, adopted on September 8, 2004, he has accepted the terms of the County's General Obligation School Bonds, Series 2004A (the "Bonds"), as set forth in this certificate. 2. The Bonds shall be in the aggregate principal amount of $8,950,000 and shall be sold to the Virginia Public School Authority for a purchase price of 107.6047765% of the principal amount and shall have a true interest cost of 3.9184819%. Principal shall be payable on the dates and in the amounts and the Bonds shall bear interest at rates and on the dates, all as set forth on Exhibit A. 3. The principal amounts, interest rates, purchase price and true interest cost accepted with respect to the Bonds are within the limitations of the Resolution. 4. A copy of this certificate has been filed with the office of the Clerk of the Board of Supervisors on the date hereof. Dated November {, 2004. EXHIBIT A Albemarle County Non-Subsidized Local School Bond Fiscal Principal Rate Interest Total Total 07/15/2005 $450,000 5.600% $308,074.74 $758,074.74 01/15/2006 0 213,740.63 213,740.63 $971,815.36 07/15/2006 450,000 5.100% 213,740.63 663,740.63 01/15/2007 0 202,265.63 202,265.63 866,00625 07/15/2007 450,000 5.600% 202,265.63 652,265.63 01/15/2008 0 189,665.63 189,665.63 841,931.25 07/15/2008 450,000 5.600% 189,665.63 639,665.63 01/15/2009 0 177,065.63 177,065.63 816,731.25 07/15/2009 450,000 5.600% 177,065.63 627,065.63 01/15/2010 0 164,465.63 164,465.63 791,531.25 07/15/2010 450,000 5.600% 164,465.63 614,465.63 01/15/2011 0 151,865.63 151,865.63 766,331.25 07/15/2011 450,000 5.100% 151,865.63 601,865.63 01/15/2012 0 140,390.63 140,390.63 742,256.25 07/15/2012 450,000 5.100% 140,390.63 590,390.63 01/15/2013 0 128,915.63 128,915.63 719,306.25 07/15/2013 450,000 5.100% 128,915.63 578,915.63 01/15/2014 0 117,440.63 117,440.63 696,356.25 07/15/2014 450,000 5.100% 117,440.63 567,440.63 01/15/2015 0 105,965.63 .105,965.63 673,406.25 , . 07/15/2015 445,000 5.100% 105,965.63 550,965.63 01/15/2016 0 94,618.13 94,618.13 645,583.75 07/15/2016 445,000 5.100% 94,618.13 539,618.13 01/15/2017 0 83,270.63 .83,270.63 622,888.75 07/15/2017 445,000 5.100% 83,270.63 528,270.63 01/15/2018 ° 71,923.13 71,923.13 600,193.75 07/15/2018 445,000 5.100% 71,923.13 516,923.13 01/15/2019 0 60,575.63 60,575.63 577,498.75 07/15/2019 445,000 5.100% 60,575.63 505,575.63 01/15/2020 0 49,228.13 49,228.13 554,803.75 07/15/2020 445,000 4.100% 49,228.13 494,228.13 01/15/2021 0 40,105.63 40,105.63 534,333.75 07/15/2021 445,000 4.225% 40,105.63 485,105.63 01/15/2022 0 30.705.00 30,705.00 515,810.63 07/15/2022 445,000 4.600% 30.705.00 475,705.00 01/15/2023 0 20,470.00 20,470.00 496,175.00 07/15/2023 445,000 4.600% 20,470.00 465,470.00 01/15/2024 0 10,235.00 10,235.00 475,705.00 07/15/2024 445.000 4.600% 10,235.00 455,235.00 01/15/2025 0 0.00 0.00 455,235.00 07/15/2025 Debt Total $8,950,000.00 $4,413,899.74 $13,363,899.74 Premium 680,627.50 Grand Total $9,630,627.50 Dated Date 11/10/2004 RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2004A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $9,630,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Albemarle, Virginia (the "County"), has determined that it is necessary and expedient to borrow a principal amount not to exceed $9,630,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County has held a public hearing, duly noticed, on September 8, 2004, on the issuance of the Bonds (as hereinafter defined) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution adopted on August 16, 2004, requested the Board to authorize the issuance of the Bonds and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $9,630,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may haye to issue a principal amount of Bonds that is less than the Proceeds Requested but in no case greater than the Proceeds Requested in order to receiye an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the amount of the discount the purchase price to be paid to the County, given the VPSA Purchase Price ObjectiYe and market conditions, will be less than the Proceeds Requested; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is adyisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $9,630,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes, including without limitation, the projects described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the County Executiye, that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of September 29, 2004 (the "Bond Sale Agreement"), with the VPSA proyiding for the sale of the Bonds to the VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved. 3. Details of the Bonds. The Bonds shall be dated the date of issuance and deliyery of the Bonds; shall be designated "General Obligation School Bonds, Series 2004A"; shall bear interest from the date of deliyery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2005 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the proYisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, proyided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and proYided further that the true interest cost of the Bonds does not exceed five and sixty one-hundredths percent (5.60%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than December 31, 2025. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusiyely eyidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Payina Aaent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately ayailable funds to the VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as bond registrar and payment agent for the Bonds (the "Bond Registrar"). The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2014, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2014, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2014, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2014, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2014, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2014, through July 14, 2015 July 15, 2015, through July 14, 2016 July 15, 2016, and thereafter 1 01 .0% 100.5 100.0 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described aboye without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman of the Board, either of whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledae of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irreyocably pledged, and in each year while any of the Bonds shall be outstanding there shall be leyied and collected in accordance with law an annual ad yalorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate, each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the proYisions of the Internal Reyenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board coyenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be inyested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the proYisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Proaram; Proceeds Aareement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Director of Finance of the County to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuina Disclosure Agreement. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such coyenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filina of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Albemarle, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 8, 2004, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: David P. Bowerman: Kenneth C. BoYd: Lindsay G. Dorrier, Jr.: Dennis S. Rooker: Sally H. Thomas: and David C. Wyant. Members absent from the meeting were: None. Members yoting in fayor of the foregoing resolution were: David P. Bowerman; Kenneth C. BoYd: Lindsay G. Dorrier, Jr.: Dennis S. Rooker; Sally H. Thomas: and David C. Wyant. Members voting against the foregoing resolution were: None. Members abstaining from yoting on the foregoing resolution were: None. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Albemarle, Virginia, this 8th day of September, 2004. Clerk, Board of Supervisors of . the County of Albemarle, Virgi (. [SEAL] COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Public School Authority Bond Resolution AGENDA DATE: September 8, 2004 ACTION: x INFORMATION: SUBJECT/PROPOSAL/REQUEST: Public hearing to consider adoption of a Resolution authorizing the issuance of bonds in the maximum principal amount of $9,630,000 to finance certain capital improvements to the County's public schools. CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTlS): Messrs. Tucker, Wiggans; Ms. White REVIEWED BY: ~ I ATTACHMENTS: Yes BACKGROUND: The FY 2004/05 Capital Improvement Budget was approved with the intent to issue approximately $9,630,000 in bonds through the Virginia Public School Authority (VPSA) for the following projects: ADA Structural Changes Hollymead Elementary Building Renovations Scottsville Elementary Construction Southern Elementary School Henley Middle School Building Renovations Albemarle High School Construction Murray Education Center Building Renovations Maintenance Projects $ 50,000 757,000 420,000 1,625,000 2,833,000 649,000 1,024,000 2.272.000 Total $ 9.630.000 DISCUSSION: Resolutions authorizing the application to VPSA were adopted by the Board of Supervisors and School Board on August 4, 2004 and August 16, 2004, respectively. The attached Resolution authorizes the issuance of the bonds not to exceed $9,630,000, the sale of the bonds to the VPSA, and approves as to form the Bond Sale Agreement and the Proceeds Agreement. In order to proceed with this process, a public hearing is scheduled for 6:00 p.m. on September 8,2004 after which the Board will need to adopt the attached Resolution. RECOMMENDATION: Staff recommends adoption of the attached Resolution to proceed with this project and to meet the bond issuance guidelines after the public hearing. Copies of the Bond Sale Agreement, the Proceeds Agreement and the projected debt service schedule are located in the Clerk's Office and available should you wish to review. 04.141 1 RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2004A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $9,630,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Albemarle, Virginia (the "County"), has determined that it is necessary and expedient to borrow a principal amount not to exceed $9,630,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County has held a public hearing, duly noticed, on September 8, 2004, on the issuance of the Bonds (as hereinafter defined) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution adopted on August 16, 2004, requested the Board to authorize the issuance of the Bonds and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $9,630,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is less than the Proceeds Requested but in no case greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the amount of the discount the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is adyisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $9,630,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes, including without limitation, the projects described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the County Executive, that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, giyen the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of September 29, 2004 (the "Bond Sale Agreement"), with the VPSA providing for the sale of the Bonds to the VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved. 2 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2004A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2005 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one- hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed five and sixty one- hundredths percent (5.60%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, proYided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and proYided further that the final maturity of the Bonds occurs no later than December 31, 2025. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusiyely evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Payina Aaent and Bond ReQistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as bond registrar and payment agentforthe Bonds (the "Bond Registrar"). The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2014, and the definitiye Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2014, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2014, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2014, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2014, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15,2014, through July 14, 2015 July 15, 2015, through July 14, 2016 July 15, 2016, and thereafter 101.0% 100.5 100.0 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such 3 prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution ofthe Bonds. The Chairman or Vice Chairman of the Board, either of whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. PledQe of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be leyied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitraae. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate, each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Reyenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraae Proaram: Proceeds Aareement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Director of Finance of the County to participate in the State Non- Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. ContinuinQ Disclosure AQreement. The Chairman of the Board, the County Executiye and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filina of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. 4 The undersigned Clerk of the Board of Supervisors of the County of Albemarle, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 8, 2004, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: . Members absent from the meeting were: Members voting in favor of the foregoing resolution were: . Members yoting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the Board of Supervisors of the County of Albemarle, Virginia, this _ day of September, 2004. Clerk, Board of Supervisors of the County of Albemarle, Virginia [SEAL] 5 DRAFT Albemarle County Non-Subsidized Local School Bond Fiscal Principal Rate Interest Total Total 7/15/2005 $485,000 2.100% $243,562.33 $728,562.33 1/15/2006 0 173,851.25 173,851.25 $902,413.58 7/15/2006 485,000 2.100% 173,851.25 658,851.25 1/15/2007 0 168,758.75 168,758.75 827,610.00 7/15/2007 485,000 2.600% 168,758.75 653,758.75 1/15/2008 0 162,453.75 162,453.75 816,212.50 7/15/2008 485,000 2.600% 162,453.75 647,453.75 1/15/2009 0 156,148.75 156,148.75 803,602.50 7/15/2009 485,000 2.850% 156,148.75 641,148.75 1/15/2010 0 149,237.50 149,237.50 790,386.25 7/15/2010 485,000 3.100% 149,237.50 634,237.50 1/15/2011 0 141,720.00 141,720.00 775,957.50 7/15/2011 480,000 4.100% 141,720.00 621,720.00 1/15/2012 0 131,880.00 131,880.00 753,600.00 7/15/2012 480,000 4.100% 131,880.00 611,880.00 1/15/2013 0 122,040.00 122,040.00 733,920.00 7/15/2013 480,000 4.100% 122,040.00 602,040.00 1/15/2014 0 112,200.00 112,200.00 714,240.00 7/15/2014 480,000 4.100% 112,200.00 592,200.00 1/15/2015 0 102,360.00 102,360.00 694,560.00 7/15/2015 480,000 3.850% 102,360.00 582,360.00 1/15/2016 0 93,120.00 93,120.00 675,480.00 7/15/2016 480,000 3.950% 93,120.00 573,120.00 1/15/2017 0 83,640.00 83,640.00 656,760.00 7/15/2017 480,000 4.100% 83,640.00 563,640.00 1/15/2018 0 73,800.00 73,800.00 637,440.00 7/15/2018 480,000 4.100% 73,800.00 553,800.00 1/15/2019 0 63,960.00 63,960.00 617,760.00 7/15/2019 480,000 4.250% 63,960.00 543,960.00 1/15/2020 0 53,760.00 53,760.00 597,720.00 7/15/2020 480,000 4.300% 53,760.00 533,760.00 1/15/2021 0 43,440.00 43,440.00 577,200.00 7/15/2021 480,000 4.400% 43,440.00 523,440.00 1/15/2022 0 32,880.00 32,880.00 556,320.00 7/15/2022 480,000 4.500% 32,880.00 512,880.00 1/15/2023 0 22,080.00 22,080.00 534,960.00 7/15/2023 480,000 4.600% 22,080.00 502,080.00 1/15/2024 0 11,040.00 11,040.00 513,120.00 7/15/2024 480,000 4.600% 11,040.00 491,040.00 1/15/2025 0 0.00 0.00 491,040.00 7/15/2025 Debt Total $9,630,000.00 $4,040,302.33 $13,670,302.33 Premium Grand Total $9,630,000.00 Dated Date 11/10/2004 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE General Obligation School Bond Series 2004A The COUNTY OF ALBEMARLE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2005, and annually on July 15 thereafter to and including July 15, _ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 2005 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, Richmond, Virginia, or any successor appointed by the County, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of principal of and premium, if any, and interest on this Bond, without the presentation or surrender A-I hereof, to the Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of and premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged forthe payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the County Board authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of and premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and ordinances and A-2 - resolutions duly adopted by the Board of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2014, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15,2014, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2014, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2014, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2014, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the A-3 principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2014, through July 14, 2015 July 15, 2015, through July 14, 2016 July 15, 2016, and thereafter 101.0% 100.5 100.0 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Albemarle, Virginia, has caused this Bond to be issued in the name of the County of Albemarle, Virginia, to be signed by its Chairman or Vice Chairman, its seal to be affixed hereto and attested by the signature of its Clerk of the Board or any of its Deputy Clerks, and this Bond to be dated ,2004. (SEAL) ATTEST: COUNTY OF ALBEMARLE, VIRGINIA A-4 Clerk, Board of Supervisors, County of Chairman, Board of Supervisors, County Albemarle, Virginia of Albemarle, Virginia A-5 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. A-6 EXHIBIT B PROJECT DESCRIPTION ADA Structural Changes ADA compliance for all facilities to include stadium bleachers, lever door hardware locks and other structural changes. The current projects will cost $50,000 and will be completed by July, 2005. Albemarle High School Renovations The renovations will include a new TV Studio, and refurbishment of the locker room and showers. Total project cost is $649,000. Henley Middle School Addition/Renovation A 20,000 SF addition to an existing middle school. Design fees were used in 2003 and construction funding in the amount of $2,833,000 is available in 2004 and $1,000,000 in 2005. Construction is to be completed in August, 2005. Total project cost is $4,433,000. Hollymead Elementary School Gym/Restrooms A new 7,000 SF gym and 3,000 SF restrooms, offices, storage and lobby area, are to be added to the existing elementary school. Construction is to begin Summer, 2004. Total project cost is $1,385,000. Murray School Renovations The existing facility will be renovated to include general remodeling with a new heating/cooling system, replacement of all windows, and office renovations. Design fees of $20,000 were available in 2003 and construction funding in the amount of $1,024,000 will be available in 2004. Total project cost is $1,173,000 and will be completed by August, 2005. Maintenance Projects Funding for maintenance and replacements projects including floor tile, lights, HV AC replacement and roof replacements. $2,273,000 of the 2004/05 projects will be funded through bonds. Scottsville Library Addition A 3,000 SF library addition to the existing facility will provide additional library shelving space and auxiliary areas. Design fees of $75,000 were available in 2003 and construction funding in the amount of $420,000 will be available in 2004. Construction is anticipated to begin in the Summer, 2004 and completed by Fall, 2005. Total anticipated project cost is $495,000. Southern Elementary School Construct a new 400-student elementary school, with the infrastructure built to accommodate 600 students. Since a suitable site must be acquired, site selection B-1 will begin in 2004/05, with design to begin in 2005/06, and construction will be completed by August, 2007. The total cost of the 67,300 SF building is projected at $14,661,000. Purchase of 20 acres, at a cost of $1,625,000, has been included in this request. B-2 SCHEDULE I DRAFT B-3 VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT dated as of September 29, 2004 Name of Jurisdiction (the "Local Unit"): Sale Date: Not earlier than October 4,2004, nor later than October 21,2004 Closing Date: On or about November 10, 2004 Proceeds Requested: Maximum Authorized Par Amount: Amortization Period: ****************************************************************************** 1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general obligation school bonds at a price, detennined by the VPSA to be fair and accepted by you, that, subject to VPSA's purchase price objective and market conditions described below, is substantially equal to Proceeds Requested set forth above (as authorized by your bond resolution) from the proceeds of the VPSA's bonds. The sale ofVPSA's bonds is tentatively scheduled for October 14, 2004 but may occur at any time during the period described above as the Sale Date. You acknowledge that VPSA has advised you that its objective is to pay you a purchase price for your bonds which in VPSA's judgment reflects their market value ("purchase price objective '') taking into consideration such factors as the amortization schedule you have requested for your bonds relative to the amortization schedules requested by the other localities for their respective bonds, the purchase price received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds. You further acknowledge that VPSA has advised you that such factors may result in your bonds having a value other than par and that in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested you may need to issue a par amount of bonds that is greater than or lower than the Proceeds Requested. You at the request of VPSA, will issue an amount of the local school bonds not in excess of the Maximum Authorized Par Amount to provide, to the fullest extent practicable given VPSA's purchase price objective and market conditions, a purchase price for your bonds and a proceeds amount that is substantially equal to the Proceeds Requested. You acknowledge that the purchase price for your bonds will be less than the Proceeds Requested should the Maximum Authorized Par Amount be insufficient, based upon VPSA's purchase price objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. 2. You represent that on or before September 29, 2004, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the fonn attached hereto as Appendix B (the "local resolution") and that your bonds will be in the fonn set forth in the local resolution. Any changes that you or your counsel wish to make to the fonn of the local resolution and/or your bonds must be approved by the VPSA prior to adoption of the local resolution by your local governing body. 1 3. You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the fonn attached hereto as Appendix F, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds pledged under VPSA's 1997 Resolution compromises more than 10% of the total principal amount of all outstanding 1997 Resolution bonds. MOP status will be detennined by adding the principal amount of your local school bonds to be sold to the VPSA and the principal amount of your local bonds previously sold to the VPSA and currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all bonds outstanding as of the Closing Date under VPSA's 1997 Resolution. If you are or may be a MOP, the VPSA will require that you file all the infonnation described in the following paragraph prior to VPSA's distributing its Preliminary Official Statement, currently scheduled for October 4, 2004. You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP following the issuance of your local school bonds that are the subject of this Bond Sale Agreement, the VPSA will include by specific reference in its Preliminary Official Statements and final Official Statements (for this sale and, if you remain a MOP or become a MOP again after ceasing to be a MOP, for applicable future sales) the infonnation respecting you ("Your Infonnation") that is on file with the Nationally Recognized Municipal Securities Infonnation Repositories or their respective successors ("NRMSIRs") and the Municipal Securities Rulemaking Board or its successors ("MSRB"). Accordingly, if it appears that you will be a MOP (I) following the delivery of your local school bonds to the VPSA in connection with this sale, or (II) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to the VPSA that you will file such additional infonnation, if any, as is required so that Your Infonnation, as of each of (I) the date of the VPSA' s applicable Preliminary Official Statement (in the case of this sale, expected to be October 4, 2004), (II) the date of the VPSA's applicable final Official Statement (in the case of this sale, expected to be October 14,2004) and (III) the date of delivery of the applicable VPSA bonds (in the case of this sale, expected to be November 10, 2004), will be true and correct and will not contain any untrue statement of a material fact or omit to state a material fact which should be included in Your Infonnation for the purpose for which it is included by specific reference in VPSA's official statement or which is necessary to make the statements contained in such infonnation, in light of the circumstances under The local resolution has been drafted for the issuance of bonds by a County. Bond counsel will need to make appropriate changes in the local resolution for the issuance of bonds by a City or Town. 2 which they were made, not misleading. You further agree to furnish to the VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date of this Agreement. Such copy will be furnished to the VPSA on or before the day that any such filing is made. The VPSA will advise you within 60 days of the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, the VPSA will also advise you of your status as a MOP as of any other date. You hereby covenant that you will provide the certificate described in clause ( e) of Section 4 below if VPSA includes Your Information by specific reference in its disclosure documents in connection with this sale or any future sale, whether or not you are a participant in such sale. 4. VPSA's commitment to purchase your bonds is contingent upon (I) VPSA's receipt on the Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution (see Appendix B attached hereto) and the school board resolution (see Appendix E attached hereto), (c) an executed agreement, among VPSA, you and the other local units simultaneously selling their bonds to VPSA, the depository and the investment manager for the State Non-Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if the VPSA has included by specific reference Your Information into the VPSA Preliminary and final Official Statement, your certificate dated the date of the delivery of the VPSA's bonds to the effect that (i) Your Information was as of the date of the VPSA' s Preliminary and final Official Statements, and is as of the date of the certificate, true and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in VPSA's official statement or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, and (ii) you have complied with your undertakings regarding the amendments adopted on November 10, 1994 to Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, (f) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross income for federal and Virginia income tax purposes of the interest on your bonds, the conformity of the terms and provisions of your bonds to the requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the other customary closing documents not listed above, and (h) the proceeds of VPSA's bonds, (II) if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate of participation or other form of interim financing (the "Interim Security"), receipt by VPSA of (a) an opinion of your bond counsel that, as of the Closing Date, the 3 Interim Security will be paid in full or defeased according to the provisions of the instrument authorizing the Interim Security (in rendering such opinion bond counsel may rely on a letter or certificate of an accounting or financial professional as to any mathematical computations necessary for the basis for such opinion) and (b) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Interim Security and (III) your compliance with the tenns of this agreement. Two complete transcripts (one original) of the documents listed above shall be provided by your counsel to the VPSA on the Closing Date or, with VPSA's pennission, as soon as practicable thereafter but in no event more than thirty (30) business days after the Closing Date. 5. This Bond Sale Agreement shall take effect on September 29,2004. Virginia Public School Authority Name of Jurisdiction: By: Authorized VPSA Representative By: Name: Title: 4 (For infonnation only; not part of the Bond Sale Agreement.) Please have the presiding officer, or other specifically designated agent, of your governing body execute 2 (two) copies of this Bond Sale Agreement and return them, along with the tax questionnaire attached hereto as Appendix D, no later than close of business on September 29, 2004 to, Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. 0, Box 1879, Richmond, Virginia 23218-1879 or by hand or courier service, James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. The VPSA recommends the use of an overnight delivery service to ensure timely arrival of your documents, If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number; all but one will be returned at closing. 5 APPENDIX A to the Bond Sale Agreement STANDARD TERMS AND CONDITIONS Described below are terms of the local school bonds which must be embodied in your bond resolution and bond form and other conditions which must be met in order for VPSA to purchase your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless and until such terms are present in the related bond resolution and bond form adopted by your governing body and such conditions are met. Interest and Principal Payments Your bonds will bear interest from the Closing Datel set forth in the Bond Sale Agreement and will mature on July 15 of the years and in the amounts as established by VPSA. Your bonds will bear interest payable in installments due semiannually on January 15 and July 15. The first principal and interest installment will be payable on July 15,2005. Your bonds will bear interest at rates 10 basis points (0.10%) above the actual rates on VPSA's bonds with corresponding principal payment dates. Payment For so long as the VPSA is the registered owner of your bonds, (i) the paying agent and bond registrar therefor shall be a bank or trust company qualified to serve as such, and (ii) all payments of principal, premium, if any, and interest shall be made in funds that shall be immediately available to the VPSA on or before 11 :00 A.M. on the applicable interest or principal payment date, or date fixed for prepayment or redemption, or if such date is not a business day for banks in Virginia or for the Commonwealth, then on or before 11 :00 A.M. on the business day preceding such If VPSA does not purchase your local school bonds on the Closing Date due to your fault, VPSA will invest, in demand or overnight investments, the amount of its bond proceeds to be used to purchase your local school bonds. If you cure your failure to deliver your local school bonds within the sixty (60) day period following the Closing Date, the VPSA will purchase your local school bonds and your bonds will bear interest from the date of delivery and payment or other date satisfactory to the VPSA. You will, however, be required to pay to VPSA at your actual closing an amount equal to the positive difference, if any, between the amount of interest that would have accrued on your local school bonds from the Closing Date to your actual closing date and the lesser of the amount of interest income VPSA was able to earn, during such period, from the investment of its bond proceeds pending their use to purchase your bonds and the arbitrage yield on the VPSA's bonds. A-I scheduled due date. Overdue payments of principal and, to the extent pennitted by law, interest shall bear interest at the applicable interest rates on your bonds. Prepayment or Redemption Note: Local School Bonds purchased by VPSA as part of the 2004 Interest Rate Subsidy Program are not subject to redemption or prepayment. The following section applies to non-subsidized applicants only, Bonds will be subject to redemption at the option of your governing body, subject to the consent of the VPSA or other registered owner. Your bond resolution shall provide for prepayment or redemption as follows: The bonds maturing after July 15, 2014 are subject to optional prepayment or redemption prior to maturity by [the issuer], from any available moneys, in whole or in part, on any date on or after July 15, 2014, at the following prepayment or redemption prices on the following prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or redemption: Dates Price July 15,2014 through July 14,2015 July 15,2015 through July 14,2016 July 15,2016 and thereafter 101% 100~ 100 Provided, however, that the bonds shall not be subject to prepayment or redemption prior to their respective maturities except with the prior written consent of the registered owner. Notice of any such prepayment or redemption shall be given to the registered owner by registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment or redemption. A-2 Security Your bonds must constitute valid and binding general obligations for the payment of which the full faith and credit of the local unit are irrevocably pledged, and all taxable property within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over and above all other taxes and without limitation as to rate or amount, for the payment of the principal of, and premium, if any, and interest on the bonds to the extent other funds of the local unit are not lawfully available and appropriated for such purpose. Tax Matters You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale Agreement and send along with the Bond Sale Agreement for receipt no later than the close of business on September 29, 2004 to Richard A, Davis, Public Finance Manager, Virginia Public School Authority, either at P.O. Box 1879, Richmond, Virginia 23218- 1879 or if delivered by hand to the James Monroe Building- 3rd Floor, 101 N, 14th Street, Richmond, Virginia 23219, You shall execute the Use of Proceeds Certificate in the fonn provided in Appendix C attached to the Bond Sale Agreement for receipt by the VPSA at least three business days prior to the Closing Date.2 No Composite Issue You will covenant not to sell, without VPSA's consent, any general obligation bonds which are part of the same common plan of financing (and payable from the same source of funds) as your local school bonds, during the period beginning 15 days in advance of and ending 15 days after VPSA's Sale Date. Request and Consent of County School Board3 Before the governing body of a County adopts the bond resolution, the County School Board must first request, by resolution, the governing body to take such action. The County School Board must also consent to the issuance of bonds by the County. (See fonn of resolution in Appendix E attached hereto.) 2 VPSA requires that the Use of Proceeds Certificate be executed separately from the tax certificates prepared by your bond counsel. Your bond counsel may also prepare one or more tax certificates that contain some information found in the Use of Proceeds Certificate in addition to information such as your reasonable expectations as to meeting the requirements to any of the rebate exceptions. 3 Not applicable to cities and towns. (Section 15.2-2640, Code of Virginia) A-3 Public Hearing and Notice Before the final authorization of your issuance of the bonds by the governing body, the governing body must hold a public hearing on the proposed issue unless the issuance of such bonds has been approved at referendum. The notice of the hearing, meeting the requirements of Section 15.2-2606, Code of Virginia 1950, as amended, must be published once a week for 2 successive weeks (notices at least 7 days apart) in a newspaper published or having general circulation in your locality. The public hearing may not be held less than 6 nor more than 21 days after the date the second notice appears in the newspaper. Delivery VPSA will accept delivery of your bonds only in the form of a single, typewritten, temporary bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond, on one or more occasions, one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having the same aggregate principal amount and accruing interest at the same rates as the bonds surrendered in exchange, as requested by VPSA. Comprehensive Annual Financial Report Annually for the life of your bonds, you will be required to submit a copy of your locality's Comprehensive Annual Financial Report ("CAFR") or annual audited financial statements to the rating agencies referenced below: Moody's Investors Service, Inc. Public Finance Department Attention: Caroline Cruise 99 Church Street New York, New York 10007 Fitch Ratings Governmental Finance Attention: Claire G. Cohen One State Street Plaza New York, New York 10004 A-4 [Appropriate Changes Will Need to be Made for Cities and Towns] APPENDIX B to the Bond Sale Agreement Resolution No. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $ GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF , VIRGINIA, SERIES 2004 _, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of , Virginia (the "County"), has determined that it is necessary and expedient to borrow not to exceed $ and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County [held/will hold] a public hearing, duly noticed, on , 2004, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and 1 WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $ is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking consideration of such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and Omit and substitute appropriate recitative paragraph ifbonds have been approved at referendum or to expressly elect to issue under the Public Finance Act pursuant to Section 15.2- 2601 without regard to provisions of a charter or local or special act. B-1 WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the bonds set forth in section 1 below does not exceed the amount of the discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF , VIRGINIA: 1 Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $ 2 (the "Bonds") for the purpose of financing certain capital projects for school purposes as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2 Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Chairman of the Board and the County [Administrator/Manager], or either of them [that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested]. The Chairman of the Board, the County [Administrator/Manager], or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of September 29,2004, with the VPSA providing for the sale of the Bonds to the VPSA. The agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3 Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2004 "; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2005 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4 Interest Rates and Principal Installments. The County [Administrator/Manager] is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the 2 105% of the amount of the Proceeds Requested is recommended. B-2 interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed five and sixty one-hundredths percent (5.60 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County [AdministratorlManager] is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5 Form of the Bonds. The Bonds shall be initially in the fonn of a single, temporary typewritten bond substantially in the fonn attached hereto as Exhibit A. 6 Payment: Payin!! Å!!ent and Bond Re!!istrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent pennitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Paying Agent for the Bonds. , Virginia, is designated as Bond Registrar and 7 Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15,2014, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2014, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2014, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2014, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2014, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2014 through July 14,2015 101% B-3 July 15, 2015 through July 14,2016 July 15, 2016 and thereafter 100~ 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8 Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal ofthe County thereto. 9 Pled2:e of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10 Use of Proceeds Certificate and Certificate as to Arbitra2:e. The Chairman of the Board, the County [Administrator/Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11 State Non-Arbitra2:e Pro2:ram: Proceeds A2:reement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County [Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County [Administrator/ Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. B-4 12 Continuine Disclosure Aereement. The Chairman of the Board, the County [Administrator/Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule l5c2-l2 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13 Filine of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14 Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15 Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk of the Board of Supervisors of the County of Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on , 2004, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the Board of Supervisors of the County of , Virginia, this _ day of , 2004. Clerk, Board of Supervisors of the County of , Virginia [SEAL] B-5 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-l $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF General Obligation School Bond Series 2004 (*] The COUNTY OF , VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2005 and annually on July 15 thereafter to and including July 15, [2024] (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 2005 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the ** Letter designation, if any, A-I Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted A-2 by the Board of County Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2014 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2014, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2014, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2014, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2014, upon payment of the prepayment or redemption prices (expressed A-3 as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15,2014 through July 14,2015 July 15,2015 through July 14,2016 July 15,2016 and thereafter 101% 100Ilz 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be perfonned precedent to and in the issuance of this Bond have happened, exist and have been perfonned in due time, fonn and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of has caused this Bond to be issued in the name of the County of , Virginia, to be signed by its Chainnan or Vice-Chainnan, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ,2004. COUNTY OF VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of , Virginia Chainnan, Board of Supervisors of the County of , Virginia A-4 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premIses. Date: Registered Owner Signature Guaranteed: (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. A-5 APPENDIX C to the Bond Sale Agreement USE OF PROCEEDS CERTIFICATE [FOR NEW MONEY] The $ General Obligation School Bonds, Series 2004 (the "Bonds") issued by [Name of Local Unit] (the "Issuer") will be purchased by the Virginia Public School Authority ("VPSA") from the proceeds of the VPSA's $ School Financing Bonds (1997 Resolution), Series 2004 B (the "VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of September 29, 2004. The proceeds of the Bonds will be used to acquire, construct and equip public school facilities owned and/or operated by the school board for the Issuer (the "School Board"). The Issuer and the School Board each recognize that certain facts, estimates and representations set forth in the Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds must be based on the representations and certifications of the Issuer and the School Board, upon which VPSA and Sidley Austin Brown & Wood LLP, its bond counsel ("Bond Counsel") rely, and that the exclusion from gross income for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer and the School Board hereby covenant that: Section 1. Description of Proiect. The proceeds of the Bonds, including investment income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping of public school facilities of the Issuer (the "Project"). Section 2. Governmental Use of Proceeds. The Issuer and the School Board covenant the following with respect to the use of proceeds of the Bonds and the facilities financed therewith: (a) In General. (i) Private Business Use. No more than ten percent (10%) of the proceeds of the Bonds or the Project (based on the greatest of: (A) the cost allocated on the basis of space occupied, (B) the fair market value, or (C) the actual cost of construction) has been or, so long as the Bonds are outstanding, will be, used in the aggregate for any activities that constitute a "Private Use" (as such term is defined below in subsection (d) of this Section 2). (ii) Private Security or Payment. No more than ten percent (10%) of the principal of or interest on the Bonds, under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or indirectly, (A) secured by any interest in (I) property used for a Private Use or (II) payments in respect of such property or (B) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. (b) No Disproportionate or Unrelated Use. With respect to private business use disproportionate to or not related to governmental use financed or refinanced with the proceeds of the Bonds, no more than five percent (5%) of the principal of or interest on such Bonds, under C-l the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or indirectly, (x) secured by any interest in (I) property used for a Private Use or (II) payments in respect of such property or (y) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. (c) No Private Loan Financing. No proceeds of the Bonds will be used to make or finance loans to any person other than to a state or local governmental unit. (d) Definition of Private Use. For purposes of this Certificate, the term "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities other than state or local governmental entities. Any activity carried on by a person other than a natural person is treated as a trade or business. The leasing of property financed or refinanced with the proceeds of the Bonds or the access of a person other than a state or local governmental unit to property or services on a basis other than as a member of the general public shall constitute Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary. Use of property financed or refinanced with proceeds of the Bonds by any person, other than a state or local governmental unit, in its trade or business constitutes general public use only if the property is intended to be available and is in fact reasonably available for use on the same basis by natural persons not engaged in a trade or business ("General Public Use"). In most cases Private Use will occur only if a nongovernmental person has a special legal entitlement to use the financed or refinanced property under an arrangement with the Issuer or the School Board. Such a special legal entitlement would include ownership or actual or beneficial use of the Project pursuant to a lease, management or incentive payment contract, output contract, research agreement or similar arrangement. In the case of property that is not available for General Public Use, Private Use may be established solely on the basis of a special economic benefit to one or more nongovernmental persons. In determining whether special economic benefit gives rise to Private Use, it is necessary to consider all of the facts and circumstances, including one or more of the following factors: (i) whether the financed or refinanced property is functionally related or physically proximate to property used in the trade or business of a nongovernmental person; (ii) whether only a small number of nongovernmental persons receive the economic benefit; and (iii) whether the cost of the financed or refinanced property IS treated as depreciable by the nongovernmental person. As of the date hereof, no portion of the Project is leased (or will be so leased) by the Issuer or the School Board (or a related party or agent) to a person or entity other than a state or local governmental unit or to members of the general public for General Public Use. (e) Management and Service Contracts. With respect to management and service contracts, the determination of whether a particular use constitutes Private Use under this Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997-1 C. B. C-2 632, as modified by Revenue Procedure 2001-39, 2001-2 C.B. 38 (collectively, "Revenue Procedure 97-13"). As of the date hereof, no portion of the proceeds derived from the sale of the Bonds is being used to finance or refinance property subject to contracts or other arrangements with persons or entities engaged in a trade or business (other than governmental units) that involve the management of property or the provision of services with respect to property financed or refinanced with proceeds of the Bonds that does not comply with the standards of Revenue Procedure 97-13. For purposes of determining the nature of a Private Use, any arrangement that is properly characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an arrangement that is referred to as a management or service contract may nevertheless be treated as a lease. In determining whether a management contract is properly characterized as a lease, it is necessary to consider all of the facts and circumstances, including the following factors: (i) the degree of control over the property that is exercised by a nongovernmental person; and (ii) whether a nongovernmental person bears risk of loss of the financed or refinanced property. Section 3. Time Test and Due Diligence Test. The Issuer or the School Board have incurred or will incur within 6 months of the date hereof substantial binding obligations, which are not subject to contingencies within the control of the Issuer or the School Board or a related party, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project. The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of the Bonds within three years of the date hereof. Section 4. Dispositions and Change in Use. (a) No Sale or Disposition. The Issuer and the School Board expect to own and operate and do not expect to sell or otherwise dispose of the Project, or any component thereof, prior to the final maturity date of the VPSA's Bonds (August 1, [202~). (b) No Change in Use. The Issuer and the School Board represent, warrant and covenant that the facilities financed or refinanced with proceeds of the Bonds will be used for the governmental purpose of the Issuer and the School Board during the period of time the Bonds are outstanding, unless an opinion of Bond Counsel is received with respect to any proposed change in use of the Project. Section 5. No Sinking or Pledged Funds. The Issuer and the School Board have not established and will not establish any funds or accounts that are reasonably expected to be used to pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for the Bonds for which there is a reasonable assurance that amounts on deposit therein will be available to pay debt service on the Bonds if the Issuer or the School Board encounters financial difficulty. Section 6. No Replacement Proceeds. C-3 (a) In General. No portion of the proceeds of the Bonds will be used as a substitute for other funds that prior to the Issuer's resolving to proceed with the issuance of the Bonds was used or is to be used to pay any cost of the Project. (b) Safe Harbor. In accordance with Section 1.148-1 (c) of the Treasury Regulations regarding the safe harbor against the creation of "replacement proceeds", as of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of the reasonably expected economic life of the Project financed thereby. Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the payment of any principal of or interest on any obligations of the Issuer, other than the Bonds, incurred in the exercise of its borrowing power. Section 8. Composite Issue. There are no other obligations of the Issuer that have been, or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of financing together with the Bonds, and (c) paid out of substantially the same source of funds as the Bonds. Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or permit any action that would cause (a) the payment of principal of or interest on the Bonds to be guaranteed, directly or indirectly, in whole or in part by the United States or any agency or instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in making loans the payment of principal of or interest on which is guaranteed in whole or in part by the United States or any agency or instrumentality thereof or (ii) invested directly or indirectly in federally insured deposits or accounts (except as permitted under Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"), or the regulations promulgated thereunder). The Issuer and the School Board have not, and will not enter into, any (i) long-term service contract with any federal governmental agency, (ii) service contract with any federal governmental agency under terms that are materially different from the terms of any contracts with any persons other than federal government agencies, and (iii) lease of property to any federal government agency that would cause the Bonds to be considered "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 10. No Hedge Bonds. The Issuer and the School each reasonably expects that all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will be invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four years or more. Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts necessary to finance the Project. Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer and the School Board represent the following with respect to the costs of the Project to be reimbursed from the proceeds of the Bonds. C-4 (a) Official Intent. The total amount of reimbursed costs incurred by the Issuer with respect to the Project is not expected to exceed $ . Such expenditures were paid prior to the date hereof but no earlier than sixty (60) days prior to _, _, which is the date the Issuer or the School Board adopted its "official intent" declaration (the "Official Intent Declaration") in accordance with Section 1.150-2 of the Treasury Regulations. The Official Intent Declaration: (i) was, on the date of its adoption, intended to constitute a written documentation on behalf of the Issuer that states that the Issuer reasonably expected to reimburse itself for such expenditures with the proceeds of a taxable or tax-exempt borrowing, (ii) set forth a general description of the Project, and (iii) stated the maximum principal amount of debt expected to be issued for the Project. Neither the Issuer nor the School Board has taken any action subsequent to the expression of such intent that would contradict or otherwise be inconsistent with such intent. (b) Reasonable Official Intent. As of the date of the Official Intent Declaration, the Issuer reasonably expected to reimburse such expenditures with the proceeds of a borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for which an intention to reimburse such expenditures was declared and which were actually paid by the Issuer other than in circumstances that were unexpected and beyond the control of the Issuer. (c) Reimbursement Period Requirement. The proceeds derived from the sale of the Bonds to be applied to reimburse the above-described expenditures will be so applied no later than the later of the date that is (i) eighteen (18) months after the date on which the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on which the portion of the Project to which such expenditure relates was placed in service (within the meaning of Section 1.150-2 of the Treasury Regulations) or abandoned. The Issuer shall not, however, use Bond proceeds to reimburse the above-described expenditures later than three (3) years after the date the original expenditure was paid. (d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i) capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury Regulations), (ii) costs of issuance, (iii) certain working capital expenditures for extraordinary, nonrecurring items that are not customarily payable from current revenues (within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv) grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v) qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans (within the meaning of Section 1.150-1(b) of the Treasury Regulations). None of the expenditures to be reimbursed were incurred for day-to-day operating costs or similar working capital items. No portion of the proceeds of the Bonds being used to reimburse the Issuer for prior expenditures will be used, directly or indirectly, within one year of the date of a reimbursement allocation, in a manner that results in the creation of replacement proceeds (within the meaning C-5 of Section 1.148-1 of the Treasury Regulations), other than amounts deposited in a bona fide debt service fund. (e) Anti-Abuse Rules. None of the proceeds of the Bonds is being used in a manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147 of the Code. Section 13. Private Activity Covenants. The Issuer and the School Board each represents, warrants and covenants that it will take no action that would cause either the Bonds or the VPSA's Bonds to be private activity bonds within the meaning of Section 141(a) of the Code and that it will not fail to take any action that would prevent the VPSA's Bonds and the Bonds from being private activity bonds, within the meaning of Section 141(a) of the Code. Furthermore, the Issuer and the School Board have established reasonable procedures to ensure compliance with this covenant. Section 14. Covenant as to Arbitrage. The Issuer and the School Board each represents, warrants and covenants that whether or not any of the Bonds remain outstanding, the money on deposit in any fund or account maintained in connection with the Bonds, whether or not such money was derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner that would cause the Bonds or the VPSA's Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the applicable regulations thereunder. Section 15. Tax Covenant. The Issuer and the School Board each represents, warrants and covenants that it will not take any action which will, or fail to take any action which failure will, cause the interest on the Bonds or the VPSA's Bonds to become includable in the gross income of the owners of the Bonds or the VPSA's Bonds for federal income tax purposes pursuant to the provisions of the Code and the regulations promulgated thereunder in effect on the date of original issuance of the Bonds and the VPSA's Bonds. C-6 Date: [NAME OF LOCAL ISSUER] By: Name: Title: [NAME OF SCHOOL BOARD] By: Name: Title: C-7 APPENDIX D to the Bond Sale Agreement CONSTRUCTION EXCEPTION AND EIGHTEEN-MONTH EXCEPTION TO THE REBATE REQUIREMENT QUESTIONNAIRE The purpose of this questionnaire is to elicit facts concerning the expenditure of the proceeds of the City/County of (the "Issuer") general obligation school bonds (the "Bonds") in order to make an initial determination that the construction exception from the rebate requirement provided by Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended, or the eighteen month exception from the rebate requirement provided by Section 1.148-7( d) of the Treasury Regulations is available. Please supply the information requested below and send this questionnaire to Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia 23218-1879, for receipt no later September 29, 2004, with a copy to your bond counsel. 1. Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds including the useful life of the project(s) being financed. 2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds. (b) Indicate the amount that you reasonably expect to receive from the investment of the Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2 (a). (c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect to use to finance the issuance costs of the Bonds. (e.g. your legal fees) (d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b) reduced by the amount set forth in Question 2( c) equals $ This amount is hereinafter referred to as "Available Construction Proceeds". Any bond premium derived from sale of the bonds and any investment earnings thereon will be treated as Available Construction Proceeds, D-l 3. Indicate the amount of money, other than the Available Construction Proceeds of the Bonds, that will be applied toward the cost of the Proj ect and the expected source of such money. Indicate what such money will be used for. 4. Indicate, by principal components, your current estimates of the cost for the acquisition and construction of the Project that will be financed with the Available Construction Proceeds of the Bonds, including: (a) Acquisition of Interest in Land (b) Acquisition of Interest in Real Property] (c) Acquisition and/or Installation of Tangible Personal Property (d) Site Preparation (e) Construction of Real Property? (f) Reconstruction of Real Propertl (g) Rehabilitation of Real Property5 (h) Construction of Tangible Personal Propertl (i) Specially developed computer software7 G) Interest on the Bonds during Construction (k) Other (please specify) $ (1) Total $ (Note: The sum of the amounts described in (a) through (k) must equal the amount of Available Construction Proceeds of the Bonds set forth in Question 2(d).) ]-7 See the Endnotes on pages 0-7 and 0-8. D-2 5. (a) Have you borrowed, directly or indirectly, (such as through an industrial development authority) any money, either through a tax-exempt bank loan, a bond anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to pay for the Project costs? Yes No (b) Do you intend to use the proceeds of the Bonds to refinance or repay any loan used to finance the Project costs? Yes No (c) If the answer to Question 5(b) is "Yes", please attach a copy of the BAN, COP, or other evidence of the loan and any tax certificate executed with such loan and indicate the following: (i) Amount of loan: (ii) Date of loan: (iii) Maturity date ofloan: (iv) Interest rate of loan: (v) Name oflender: (vi) Refinance or repayment date: (vii) Amount of unspent proceeds, if any: (viii) Where unspent proceeds are being held (e.g. SNAP): (d) If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan to reimburse yourself for expenses paid with respect to the Project before the loan was obtained? Yes No (e) If the answer to question 5(b) is "Yes", do you expect to qualify for the small Issuer exception for the loan. 6. (a) Do you intend to reimburse yourself from the proceeds of the Bonds for Project costs advanced from your General Fund or other available sources? Yes No D-3 (b) If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such expenditures, please indicate the amount of such expenditure, when such expenditure was paid and the purpose of the expenditure (i.e., architectural fees, engineering fees, other construction costs): (i) Amount expended $ (ii) Date of expenditure: (iii) Purpose of expenditure: (Note: if you intend to reimburse yourself for more than one expenditure, please attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii) purpose of expenditure) 7. If the answer to Question 5( d) or 6(a) is "Yes" please attach a copy of any other evidence of your intention to reimburse yourself with the proceeds of a borrowing such as the earliest possible resolution, declaration or minutes of a meeting. Include the date such resolution was adopted, meeting was held or declaration made. [The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for the Construction Exception from the Rebate Requirement.] 8. Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least 75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i). Yes No If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10. If the answer to Question 8 is "No", skip Question 9 and answer Question 10. 9. (a) Assuming the Bonds are delivered on November 10, 2004 and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/County expects to expend and disburse during the following time periods: From November 10, 2004 to May 10, 2005 $ From May 11,2005 to November 10,2005 From November 11, 2005 to May 10,2006 From May 11, 2006 to November 10,2006 Total9 $ 8 8 and 9 See the Endnotes on page 0-8. D-4 (b) If you do not expect to spend 100% of Available Construction Proceeds by November 10, 2006, do you expect to spend 100% of Available Construction Proceeds by November 10, 20077 Yes No 10. For purposes of this Question 10, assume that the Bonds are delivered on November 10, 2004 and funds are made available to you on that date. (a) Does the City/County expect to expend and disburse the amount shown in Question 4(a) for the acquisition ofland by May 10, 2005? Yes No (b) Does the City/County expect to expend and disburse the amount shown in Question 4(b) for the acquisition of interests in real property by May 10, 2005? Yes No (c) Does the City/County expect to expend and disburse the amount shown in Question 4(c) for the acquisition and/or installation of tangible personal Property by May 10, 2005? Yes No (d) (i) Does the City/County expect to expend and disburse the amount shown in question 4(1) by November 6, 20077 Yes No (ii) Assuming that the Bonds are delivered on November 10, 2004, and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/County expects to expend and disburse during the following time periods: From November 10, 2004 to May 10, 2005 $ From May 11, 2005 to November10, 2005 From Novemberl1, 2005 to May 10, 2006 From May 11, 2006 to November 10, 2006 10 Total $ 10 See the Endnotes on page 0-8. D-5 [The purpose of question 11 is to determine if the Bonds may qualify for the Eighteen Month Exception from the Rebate Requirement.] 11. The sum of the amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross proceeds"). Assuming that the Bonds are delivered on November 10,2004 and funds are made available to you on that date, please complete the following schedule indicating the amount of gross proceeds that the City/County expects to expend and disburse during the following time periods: From November 10, 2004 to May 10, 2005 $ From May 11, 2005 to November 10, 2005 From November 11, 2005 to May 10, 2006 10 Total $ 10 See the Endnotes on page 0-8. 12. (a) Will this issue qualify for the Small Issuer Exception? Yes No (b) List any general obligation bond financings the City/County has undertaken or is planning to undertake in the calendar year 2004. I understand that the foregoing infonnation will be relied upon by the Virginia Public School Authority (the "Authority") in detennining the applicability of the construction exception to the Authority's School Financing Bonds (1997 Resolution), Series 2004B. I hereby certify that I am familiar with the Project or have made due inquiry in order to complete this Questionnaire with respect to the Project and am authorized by the City/County to provide the foregoing infonnation with respect to it, which infonnation is true, correct, and complete, to the best of my knowledge. Name of Person Completing Questionnaire Title Signature Date D-6 ENDNOTES 1. For purposes of this questionnaire, "real property" means improvements to land, such as buildings or other inherently permanent structures, including items that are structural components of such buildings or structures. For example, real property includes wiring in a building, plumbing systems, central heating or central air conditioning systems, pipes or ducts, elevators or escalators installed in a building, paved parking areas, road, wharves and docks, bridges and sewage lines. 2. For purposes of this questionnaire, tangible personal property means any tangible property except real property. For example, tangible personal property includes machinery that is not a structural component of a building, fire trucks, automobiles, office equipment, testing equipment and furnishings. 3. See description of real property in endnote 1. This includes all capital expenditures that are properly chargeable to or may be capitalized as part of the basis of the real property prior to the date the property is placed in service. For purposes of this questionnaire, expenditures are considered paid in connection with the construction, reconstruction or rehabilitation of real property if the contract between the Issuer and the seller requires the seller to build or install the property (such as under a "turnkey contract") but only to the extent the property has not been built or installed at the time the parties enter into the contract. If the property has been partially built or installed at the time the parties enter into the contract, the expenditures that are allocable to the portion of the property built or installed before that time are expenditures for the acquisition of real property. 4. See endnote 3. 5. See endnote 3. 6. For purposes of this questionnaire, expenditures are in connection with the construction of tangible personal property, as defined in endnote 2, if: (a) A substantial portion of the property or properties is completed more than 6 months after the earlier of the date construction or rehabilitation commenced and the date the Issuer entered into an acquisition contract; (b) Based on the reasonable expectations of the Issuer, if any, or representations of the person constructing the property, with the exercise of due diligence, completion of construction or rehabilitation (and delivery to the Issuer) could not have occurred within that 6-month period; and (c) If the Issuer itself builds or rehabilitates the property, not more than 75% of the capitalizable cost is attributable to property acquired by the Issuer (e.g., components, raw materials and other supplies). 7. Specially developed computer software means any programs or routines used to cause a computer to perform a desired task or set of tasks, and the documentation required to describe and maintain those programs, provided that the software is specially developed D-7 and is functionally related and subordinate to real property or other constructed personal property. 8. Include amounts expended prior to November 10, 2004 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. 9. Total should equal the amount in 4(1). 10. Include amounts expended prior to November 10, 2004 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. D-8 APPENDIX E to the Bond Sale Agreement RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of issue its general obligation school bonds (the "Bonds") in an aggregate principal amount sufficient to provide $ proceeds for the purpose of financing certain capital projects for school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. This resolution shall take effect immediately. * * * Members present at the meeting were: . Members absent from the meeting were: . Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: . Members abstaining from voting on the foregoing resolution were: E-1 APPENDIX F to the Bond Sale Agreement CONTINUING DISCLOSURE AGREEMENT [This Continuing Disclosure Agreement will impose obligations on the Local Issuer if and only if the Local Issuer is or has become and remains a "Material Obligated Person", as defined below] This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the Virginia Public School Authority (the "Authority") of $ aggregate principal amount of its School Financing Bonds (1997 Resolution) Series 2004 B (the "Series 2004 B Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on October 23, 1997, as amended and restated. The Series 2004 B Bonds and all other parity bonds heretofore and hereafter issued under the 1997 Resolution are collectively called the "Bonds". A portion of the proceeds of the 2004 Series B Bonds are being used by the Authority to purchase certain general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a bond sale agreement between the Authority and the Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Local Issuer for the benefit of the holders of the Series 2004 B Bonds and in order to assist the Participating Underwriters (defined below) in complying with the Rule (defined below). The Local Issuer acknowledges that it is undertaking primary responsibility for any reports, notices or disclosures that may be required under this Agreement. SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution, which apply to any capitalized tenn used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized tenns shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "bond sale agreement" shall mean the Bond Sale Agreement and any other comparable written commitment of the Local Issuer to sell local school bonds to the Authority. "Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by such Local Issuer and which has filed with such Local Issuer a written acceptance of such designation. "Filing Date" shall have the meaning given to such tenn in Section 3(a) hereof. F-1 "Fiscal Year" shall mean the twelve-month period at the end of which financial position and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1 and continues through June 30 of the next calendar year. "holder" shall mean, for purposes of this Disclosure Agreement, any person who is a record owner or beneficial owner of a Series 2004 B Bond. "Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rule. "local school bonds" shall mean any of the Local School Bonds and any other bonds of the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution. "Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal amount of all outstanding Bonds of the Authority. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. "Participating Underwriter" shall mean any of the original underwriters of the Authority's Series 2004 B Bonds required to comply with the Rule in connection with the offering of such Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private depository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. SECTION 3. Provision of Annual Reports. (a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year ended June 30, 2005) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.! Not later than ten (10) days prior to the Filing The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to its status as a MOP as of any other date. F-2 j Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case, the Annual Report (i) may be submitted as a single document or as separate documents comprising a package, (ii) may cross-reference other infonnation as provided in Section 4 of this Disclosure Agreement and (iii) shall include the Local Issuer's audited financial statements prepared in accordance with applicable State law or, if audited financial statements are not available, such unaudited financial statements as may be required by the Rule. In any event, audited financial statements of such Local Issuer must be submitted, if and when available, together with or separately from the Annual Report. (b) If the Local Issuer is unable to provide an Annual Report to the Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the Municipal Securities Rulemaking Board and any State Repository in substantially the fonn attached hereto as Exhibit A. SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual Report required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual financial infonnation relating to the Local Issuer, including operating data, (i) updating such infonnation relating to the Local Issuer as shall have been included or cross-referenced in the final Official Statement of the Authority describing the Authority's Series 2004 B Bonds or (ii) if there is no such infonnation described in clause (i), updating such infonnation relating to the Local Issuer as shall have been included or cross-referenced in any comparable disclosure document of the Local Issuer relating to its tax-supported obligations or (iii) if there is no such infonnation described in clause (i) or (ii) above, initially setting forth and then updating the infonnation referred to in Exhibit B as it relates to the Local Issuer, all with a view toward assisting Participating Underwriters in complying with the Rule. Any or all of such infonnation may be incorporated by reference from other documents, including official statements of securities issues with respect to which the Local Issuer is an "obligated person" (within the meaning of the Rule), which have been filed with each of the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Local Issuer shall clearly identify each such other document so incorporated by reference. SECTION 5. Reporting: of Listed Events. Whenever the Local Issuer is a Material Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains knowledge of the occurrence of a Listed Event, and if such Local Issuer has detennined that knowledge of the occurrence of a Listed Event with respect to its local school bonds would be material, such Local Issuer shall promptly file a notice of such occurrence with each National Repository or the Municipal Securities Rulemaking Board and each State Repository, if any, with a copy to the Authority. F-3 SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations under this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final retirement of all the Local School Bonds. SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer shall be the Dissemination Agent. [The initial Dissemination Agent shall be .] SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been approved in writing by the Authority and is supported by an opinion of independent counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that such amendment is permitted or required by the Rule. SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Local Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. Any person referred to in Section 11 (other than the Local Issuer) may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Local Issuer to file its Annual Report or to give notice of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate principal amount of Bonds outstanding may, take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to challenge the adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall not be deemed an event of default under the applicable resolution or bonds of the Local Issuer, and the sole remedy under this Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith shall be an action to compel performance. Nothing in this provision shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable laws. SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time of the Authority's Bonds, and shall create no rights in any other person or entity. F-4 SECTION 12. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Date: [LOCAL ISSUER] By F-5 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT [AUDITED FINANCIAL STATEMENTS] Re: VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING BONDS (1997 Resolution) SERIES 2004 B CUSIP Numbers. Dated: November 1, 2004 Name of Local Issuer NOTICE IS HEREBY GNEN that the [Local Issuer] has not provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in connection with the above-named bonds issued pursuant to that certain Series Resolution adopted on [September 10, 2004], by the Board of Commissioners of the Virginia Public School Authority, the proceeds of which were used to purchase $ [School Bonds] of the [Local Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by .] The Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above- named bonds of the Authority. Dated: [LOCAL ISSUER] By A-I EXHIBIT B CONTENT OF ANNUAL REPORT Description of the Local Issuer. A description of the Local Issuer including a summary of its form of government, budgetary processes and its management and officers. Debt. A description of the terms of the Local Issuer's outstanding tax -supported and other debt including a historical summary of outstanding tax-supported debt; a summary of authorized but unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt; and a summary of annual debt service on outstanding tax-supported debt as of the end of the preceding fiscal year. The Annual Report should also include (to the extent not shown in the latest audited financial statements) a description of contingent obligations as well as pension plans administered by the Local Issuer and any unfunded pension liabilities. Financial Data. Financial information respecting the Local Issuer including a description of revenues and expenditures for its major funds and a summary of its tax policy, structure and collections as of the end of the preceding fiscal year. Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan. Demographic, Economic and Supplemental Information. A summary of the Local Issuer's demographic and economic characteristics such as population, income, employment, and public school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual Report should also include a description of material litigation pending against the Local Issuer. B-1 PROCEEDS AGREEMENT Respecting the Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds ofIts $[ ] School Financing Bonds (1997 Resolution) Series 2004 B Dated November 10, 2004 Among Virginia Public School Authority Wachovia Bank, N,A, PFM Asset Management LLC and SABW Draft August 17, 2004 Table of Contents Page Section 1. Recitals. ........................................................................................................................ ..1 Section 2. Definitions. ................................................................................................................... ..3 Section 3. Disposition of VPSA Bond Proceeds. ........................................ .................. ..................8 Section 4. Establishment of Accounts. ............................................................................................9 Section 5, Disposition of Local School Bond Proceeds. ...............................................................10 Section 6, Investment of Principal Subaccount. .............. ............ ............................................... ...1 0 Section 7. Disbursements from Principal Subaccount. .................................................................11 Section 8. Investment ofIncome Subaccount. ..............................................................................11 Section 9. Income Subaccount. ............................................. ....................... ................................ .11 Section 10. Investment Losses. ....................................... ............................................................. .14 Section 11, Rebate Computations................................................................................................. .14 Section 12. Transfers to Income Subaccount. ...............................................................................15 Section 13. Disposition of Excess Proceeds. ............................................................................... ..16 Section 14. Rebate Payments and Penalty Payments. ............................................................ .......17 Section 15. Duties of VPSA. ............................................. ............ ................................................18 Section 16. Duties of the Depository........................................................ ............ ............ ........... ..18 Section 17. Duties of Local Units............................................. .................................. ................. ..19 Section 18. Responsibilities of the Investment Manager. .............................................................20 Section 19. Costs. ......................................................................................................................... .20 Section 20. Opinions of Counsel. ......................................... ...... ...................... ........................... ..20 Section 21. Amendment. .............................................................................................................. .21 Section 22, Notices. ...................................................................................................................... .21 Section 23, No Third Party Beneficiaries. .................................................................................... .22 -1- I I Section 24. Severability................................................................................................................ .23 Section 25. No Personal Liability................................................................................................. .23 Section 26. Applicable Law. ........................................................................................................ .23 Section 27. Counterparts. ............................................................................................................. .23 Section 28. Effective Date; Tenn. ................................................................................................ .24 -11- PROCEEDS AGREEMENT Respecting the Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds of Its $[ 1 School Financing Bonds (1997 Resolution) Series 2004 B This PROCEEDS AGREEMENT, dated November 10, 2004 (this "Agreement"), is among the Virginia Public School Authority, a public body corporate and instrumentality of the Commonwealth of Virginia ("VPSA"), the [ 1 U counties and [ U city that are signatories to this Agreement (collectively, the "Local Units", and each a "Local Unit"), Wachovia Bank, N.A., a banking institution organized under the laws of the United States and having an office in Richmond, Virginia, and PFM Asset Management LLC, a corporation organized under the laws of Delaware and having an office in Harrisburg, Pennsylvania. All capitalized tenns used herein shall have the meaning given to them in Section 2 hereof. The parties hereto agree and covenant as follows: Section 1. Recitals, A. On or before October 1, 2004, VPSA and each of the Local Units entered into a Bond Sale Agreement, pursuant to which VPSA agreed to purchase, and the Local Unit agreed to sell its Local School Bonds. B. On October 14,2004, VPSA's Bonds were awarded at competitive bidding to the Purchaser. The Purchaser is obligated by the tenns of its bid to pay the purchase price for the VPSA's Bonds on the Closing Date. VPSA will apply certain of the proceeds of the sale of VPSA's Bonds[, together with other available funds,] to the purchase of the Local School Bonds on November 10, 2004, the Local School Bonds Closing Date. VPSA will also apply certain of the proceeds of the sale of VPSA' s Bonds[, together with other available funds,] to pay accrued interest on and certain costs of issuance of the VPSA Bonds. C. The Code imposes requirements on VPSA and the Local Units selling their Local School Bonds to VPSA that must be met if interest on VPSA's Bonds and interest on the Local School Bonds are to be excludable from gross income for federal income tax purposes, including a requirement that in certain circumstances, certain investment income with respect to the Local School Bonds, which income is deemed for federal income tax purposes to be investment income ofVPSA's Bonds, be subject to payment, or in lieu thereof certain payments be made, to the United States Treasury. D. VPSA has determined that in order to fulfill its representations respecting the maintenance of the exclusion of the interest on VPSA's Bonds from gross income for federal income tax purposes, VPSA must establish a mechanism to provide accountability for the custody, investment and disbursement of the proceeds ofVPSA's Bonds and the proceeds of the Local School Bonds. E. It is the purpose of this Agreement to enable VPSA (i) to fulfill the representations mentioned in the preceding subsection; (ii) subject to the constraints of the Code affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum, practicable income by the professional management of the investment and reinvestment of the proceeds of the Local School Bonds; (iii) to provide for the custody, investment and disbursement of the proceeds of the Local School Bonds, and for the maintenance of appropriate records thereof; (iv) to meet the rebate requirement imposed by Section 148(f) of the Code, in part through the payment of either the Local Unit Rebate Requirement by each of the Local Units or the Penalty if the Penalty Election has been made on behalf of a Local Unit; and (v) to provide -2- for the allocation and payment of the costs associated with the establishment and maintenance of this Agreement. F. The purposes set forth in the preceding subsection E shall be accomplished through SNAP. The proceeds of the Local School Bonds shall be invested in accordance with the Infonnation Statement. Any statements of facts contained in these recitals pertaining to the sale of the VPSA's Bonds and the application of such proceeds, other than the purchase of the Local School Bonds, will not be deemed to be made by the Local Units except to the extent they have knowledge of such facts. Section 2. Definitions, In addition to the words and tenns elsewhere defined in this Proceeds Agreement including the Exhibits attached hereto, the following words and tenns shall have the following meanmgs: "Aggregate Local Units Rebate Requirement" shall be the amount calculated pursuant to the Letter Agreement. "Agreement" or "Proceeds Agreement" shall mean the Proceeds Agreement, dated November 10, 2004, among the Authority, the Local Units, the Depository and the Investment Manager. "Authorized Representative" shall mean, as applied to VPSA, the Depository, the Investment Manager and the Local Units, the person or each of the persons thereby designated, from time to time, in accordance with and as listed on the page of this Agreement executed by such party. "Available Construction Proceeds" shall mean, as applied to each Local Unit, the sum of (i) the amount initially deposited to the Principal Account of such Local Unit pursuant to -3- Section 5 hereof, and (ii) the investment earnings thereon, reduced by the amount of issuance costs financed by such Local Unit's Local School Bonds. In the event that the Local Unit has made the Bifurcation Election on its signature page, "Available Construction Proceeds" shall mean the sum of the amount set forth on the signature page as the portion of the issue used for construction and the investment earnings thereon, reduced by the amount set forth on the signature page as allocable to issuance expenses. "Bifurcation Election", with respect to each issue of Local School Bonds, shall mean the election made by the Local Unit to treat a portion of its Local School Bonds used for construction as a separate issue pursuant to Section 148(f)(4)(C)(v) of the Code. "Bond Sale Agreements" shall refer to the respective Bond Sale Agreements, dated as of October 1, 2004, between VPSA and each Local Issuer. "Capital Expenditure" shall mean any cost of a type that is properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles as determined at the time the expenditure is paid with respect to the property. "Capital Project" shall mean all Capital Expenditures, plus related working capital expenditures to which the de minimis exception provided by Section 1.148-6(d)(3)(ii)(A) of the Treasury Regulations to the proceeds-spent-Iast rule applies, that carry out the governmental purpose of the Local School Bond issue. "Closing Date" shall mean, with respect to VPSA Bonds, the date of delivery by VPSA of such Bonds to the Purchaser. The Closing Date is scheduled to be November 10, 2004. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Computation Date" shall mean each of the Installment Computation Dates and the Final Computation Date. -4- "Contract" shall mean the Contract respecting the Virginia State Non-Arbitrage Program, between the Treasury Board of the Commonwealth of Virginia and the Investment Manager, including the Depository Agreement appearing as Appendix A thereto. "Depository" shall mean Wachovia Bank, N.A., a banking institution organized under the laws of the United States of America and having an office in Richmond, Virginia and its future successors and assigns under the Depository Agreement. "Eighteen-Month Exception" shall mean the exception to the Rebate Requirement provided by Treasury Regulation Section 1.148- 7 (d). "Final Computation Date" shall mean the date the last bond that is part of the issue ofVPSA's Bonds is discharged. "Gross Proceeds" shall have the meanmg gIven to such term m the Letter Agreement. "Income Subaccount" shall mean the Income Subaccount established pursuant to Section 4 of this Proceeds Agreement for each Local Unit and (ii) both Income Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the [ 1 U Local Units described therein. "Income Subaccount Set Aside" shall have the meaning given to such term by Section 9(b) of this Agreement. "Individual Portfolio" shall have the meanmg gIven to such term m the Information Statement. "Information Statement" shall mean the current Information Statement describing SNAP, as the same may be supplemented and amended. "Installment Computation Dates" shall mean November 10, 2009, and each fifth (5th) anniversary date thereafter. -5- "Investment Manager" shall mean the investment manager of SNAP and its successors and assigns, on the Closing Date being PFM Asset Management LLC, a corporation organized under the laws of Delaware and having an office in Harrisburg, Pennsylvania. "Investment Report" shall have the meaning given to such term in Part A of the Letter Agreement. "Letter Agreement" shall mean the Letter Agreement, dated the date hereof, attached to this Agreement as Exhibit C. "Local School Bonds" shall mean general obligation school bonds of a Local Unit having the terms and provisions required by the Bond Sale Agreement. "Local School Bonds Closing Date" shall mean the Closing Date, except as otherwise provided on the page of this Agreement executed by a Local Unit; provided, however, the Local School Bonds Closing Date with respect to an issue of Local School Bonds shall not be deemed to have occurred until the related Local Unit shall have delivered the Local School Bonds to VPSA and otherwise complied with the terms of its Bond Sale Agreement. "Local Unit" or "Local Units" shall have the meaning accorded to such term by the first paragraph of this Agreement. "Local Unit Rebate Computation", with respect to each issue of Local School Bonds, shall mean a Rebate Computation for each Local Unit made on each Computation Date pursuant to Section 11 of this Proceeds Agreement. "Local Unit's Rebate Requirement", with respect to each issue of Local School Bonds, shall mean the amount payable to the United States Treasury calculated pursuant to the Letter Agreement. "Penalty" shall mean the amount that must be paid to the United States Treasury pursuant to the Penalty Election. -6- "Penalty Election", with respect to each issue of Local School Bonds, shall mean the election made by the Local Unit to pay a penalty in lieu of rebate pursuant to Section 148(f)(4)(C)(vii) of the Code. "Principal Subaccount" shall mean the Principal Subaccount established pursuant to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Principal Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the ] U Local Units described therein. "Proceeds Account" shall mean, with respect to each Local Unit, its account established under Section 4 of this Proceeds Agreement. "Purchaser" shall mean r 1, the bidder offering to pay the lowest true interest cost of the VPSA's Bonds and to which VPSA awarded the VPSA's Bonds at a competitive sale. "Rebate Calculation Agent" shall have the meaning given to such term in the Letter Agreement. "Rebate Computation" shall mean the computation, as of a Computation Date, of the Local Unit Rebate Requirement to such Computation Date. The amount so computed may be a positive or a negative number. "Rebate Exceptions" shall mean the Spending Exceptions and the Small-Issuer Exception, collectively. "Rebate Report" shall mean the Local Unit Rebate Computations. "Rebate Requirement" shall mean the rebate requirement imposed by Sections 148(f)(2) and (3) of the Code. "Six-Month Exception" shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(B) of the Code. -7- "Small-Issuer Exception" shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(D) of the Code. "SNAP" shall mean the State Non-Arbitrage Program established pursuant to Article 7.1, Chapter 14, Title 2.1, Code of Virginia, as amended. "SNAP Documents" shall mean the Information Statement and the Contract. "Spending Exceptions" shall mean the Six-Month Exception, the Eighteen-Month Exception and the Two-Year Exception, collectively. "Two- Year Exception" shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(C) of the Code. "VPSA" shall mean the Virginia Public School Authority, a public body corporate and instrumentality of the Commonwealth of Virginia. "VPSA's Bond Yield" shall mean the Yield on VPSA's Bonds as set forth in the Letter Agreement. As provided in Treasury Regulation Section 1.148-4(a), the yield on each issue of Local School Bonds of a Local Unit the interest on which is excluded from gross income shall equal the VPSA's Bond Yield. "VPSA's Bonds" shall mean the $[ 1 aggregate principal amount of VPSA's School Financing Bonds (1997 Resolution) Series 2004 B. "Withdrawal Date" shall mean the date as of which an interim Rebate Calculation is made pursuant to Section 9 of this Proceeds Agreement. "Yield" shall have the meaning accorded to such term by the Letter Agreement. Section 3. Disposition of VPSA Bond Proceeds. A. Prior to the Closing Date, each Local Unit will complete and submit, to the Investment Manager, the program registration form and the SNAP account registration form annexed to the Information Statement. -8- B. On the Closing Date, VPSA will transfer to the Depository for deposit in SNAP, in immediately available funds, an amount equal to the aggregate purchase price of all of the Local School Bonds ($[ D. c. Each Local Unit hereby agrees to adhere strictly to the prescribed and recommended procedures described in the Infonnation Statement. Each Local Unit hereby further agrees that it will not deviate from or request an exception to such procedures without first obtaining the prior written approval of VPSA. In the event of a conflict between the provisions of this Agreement and the Infonnation Statement, the provisions of this Agreement shall control. Section 4. Establishment of Accounts, (a) Except as provided in Section 4(b) below, the Investment Manager will establish on its books for each Local Unit one (1) account and two (2) subaccounts therein as follows: VPSA-(Name of Local Unit) Proceeds Account - Series 2004 B Issue Principal Subaccount Income Subaccount (b) The Investment Manager shall establish on its books for each 1, within the one (1) Proceeds Account for each such Local Unit, two (2) subaccounts therein, and two subaccounts within each such subaccount, as follows: VPSA- (Name of Local Unit) Proceeds Account -Series 2004 B Issue Non Subsidy Subaccount Subsidy Subaccount Principal Subaccount Principal Subaccount Income Subaccount Income Subaccount -9- The amounts in the Principal Subaccounts and Income Sub accounts of each of these Local Units shall be combined for purposes of this Agreement. Requisitions from ] shall specify the Subaccount from which moneys are being requisitioned. If a Local Unit has elected to treat a portion of its Local School Bonds issue used for construction as a separate issue as set forth on its signature page, the Investment Manager shall maintain such records as necessary to detennine the portion of the Principal Subaccount and Income Subaccount of such Local Unit allocable to the construction issue and the non- construction issue. Section 5. Disposition of Local School Bond Proceeds. A. The Investment Manager shall allocate the proceeds of the Local School Bonds on the Local School Bonds Closing Date(s) to the Local Unit(s), dollar for dollar, in accordance with the respective purchase prices of their Local School Bonds set forth in Exhibit A to this Agreement. There is no accrued interest on the Local School Bonds. Except as provided in Section 5(B) - (U) below, the proceeds ofVPSA's Bonds allocated to each Local Unit shall be credited to the Principal Subaccount of the Local Unit in the amounts set forth in Exhibit A with respect to the Subsidy Local School Bonds and/or the Non-Subsidy Local School Bonds, as the case may be. B. With respect to [ 1. Section 6, Investment of Principal Subaccount. The Investment Manager shall invest and reinvest moneys to the credit of the Principal Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the provisions of the Infonnation Statement and Section 18 of this Agreement. The Investment -10- Manager shall credit to the Local Unit's Income Subaccount all income and profits from the investment and reinvestment of moneys to the credit of its respective Principal Subaccount. Section 7, Disbursements from Principal Subaccount. Beginning on its Local School Bonds Closing Date, each Local Unit may at any time withdraw all or any portion of the proceeds of its Local School Bonds credited to its Principal Subaccount (including amounts transferred to the credit of the Principal Subaccount from the Income Subaccount pursuant to Section 9), in accordance with the Information Statement and, in the case of a reimbursement to the Local Unit, by filing with the Investment Manager a requisition or requisitions therefor in the form of Exhibit B to this Agreement signed by an Authorized Representative of the Local Unit. Notwithstanding anything to the contrary in the Information Statement, the Investment Manager agrees that, in the case of a reimbursement to the Local Unit, it shall not disburse any money from the Principal Subaccount unless and until it has received such requisition from the Local Unit. Section 8, Investment of Income Subaccount. The Investment Manager shall invest and reinvest moneys to the credit of the Income Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the provisions of the Information Statement and Section 18 of this Agreement. The Investment Manager shall credit to the Local Unit's Income Subaccount all income and profits from the investment and reinvestment of moneys to the credit thereof. Section 9. Income Subaccount. A. The Investment Manager will notify a Local Unit and VPSA when the balance to the credit of the Principal Subaccount of such Local Unit shall have been reduced to zero ($0). Such Local Unit may then withdraw from its Income Subaccount an amount not in excess of the amount then to the credit of its Income Subaccount if the Local Unit qualifies for anyone of the -11- Rebate Exceptions or if such withdrawal IS necessary to qualify for one of the Spending Exceptions. 1. In order to qualify for the Small-Issuer Exception, the Local Unit must deliver to VPSA and the Investment Manager no later than the end of calendar year 2004 (a) a letter from, or opinion of, nationally recognized bond counsel that the Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds will be treated as meeting the requirements of Code Sections 148(f)(2) and (3), pursuant to Code Section 148(f)(4)(D); and (b) the Local Unit's covenant that it shall provide for the payment or reimburse VPSA for its payment of the Local Unit's Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to meet all of the requirements of the Small Issuer Exception. 2. In order to determine if a Local Unit qualifies for either the Six-Month Exception or the Eighteen-Month Exception, the Investment Manager shall advise each Local Unit and VPSA of the amount that has been disbursed from the Principal Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the Local School Bonds Closing Date, (b) twelve (12) months from the Local School Bonds Closing Date, and (c) eighteen (18) months from the Local School Bonds Closing Date. To facilitate such determination, each Local Unit shall set forth on the signature page for such Local Unit the amount of investment proceeds that such Local Unit reasonably expects as of the Local School Bonds Closing Date to earn. 3. In order to determine if a Local Unit qualifies for the Two-Year Exception, the Investment Manager shall advise each Local Unit and VPSA, of the amount of Available Construction Proceeds that has been disbursed from the Principal Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the Local School Bonds -12- Closing Date, (b) twelve (12) months from the Local School Bonds Closing Date, (c) eighteen (18) months from the Local School Bonds Closing Date, and (d) twenty-four (24) months from the Local School Bonds Closing Date. To facilitate such determination, each Local Unit shall set forth on the signature page for such Local Unit the amount of investment proceeds that such Local Unit reasonably expects as of the Local School Bonds Closing Date to earn and the elections that it requests VPSA to make on its behalf. Furthermore, such Local Unit shall set forth in a certificate delivered to VPSA on the Local School Bonds Closing Date such facts and circumstances as necessary to show that it reasonably expects to qualify for the Two-Year Exception. 4. The portion of the proceeds of the VPSA Bonds applied to purchase the ] do not qualify for the Eighteen-Month Exception or Two-Year Exception. B. Except to the extent that a Penalty Election has been made on behalf of a Local Unit, if the Local Unit fails to qualify for one of the Spending Exceptions, or is otherwise subject to the Rebate Requirement, then prior to a withdrawal from its Income Subaccount and upon receipt of such notification, the Local Unit shall promptly request, pursuant to the terms of the Information Statement, an interim Rebate Computation with respect to such Local Unit or an estimate of such Local Unit's Rebate Requirement for purposes of determining what amount, if any, to the credit of the Income Subaccount may be subject to rebate. Any estimate of the Local Unit's Rebate Requirement made by the Investment Manager shall also be provided to VPSA in writing. Notwithstanding anything to the contrary in the Information Statement, no disbursement will be made from the Income Subaccount until the aforementioned calculation shall have been made. The amount to the credit of the Income Subaccount that may be subject to rebate is the Income Subaccount Set Aside. On the Withdrawal Date, the Investment Manager shall (i) -13- reserve, in the Income Subaccount, the amount of the "Income Subaccount Set Aside" until the next Rebate Computation required by Section 11 shall have been made and (ii) credit the remaining balance to the credit of the Income Subaccount to the credit of the Local Unit's Principal Subaccount. Section 10. Investment Losses. The Investment Manager shall charge any loss realized from the investment or reinvestment of moneys to the credit of the Income Subaccount and the Principal Subaccount of a Local Unit as follows: 1. losses on moneys to the credit of the Principal Subaccount shall be charged thereto; and 2. losses on moneys to the credit of the Income Subaccount shall be charged first to the Principal Subaccount and then to the Income Subaccount. Section 11. Rebate Computations. On or before each Computation Date, VPSA will prepare, or cause to be prepared, in accordance with the provisions of the Letter Agreement the Local Unit Rebate Computations. The Local Unit Rebate Computation for each Local Unit shall be made on the basis of the Investment Reports maintained by the Investment Manager for each Proceeds Account. With respect to the amount on deposit in the [ ] Transferred Proceeds Account, such amount will be taken into account for purposes of the Local Unit Rebate Computation for [ ] County, only if the [ ] Note does not qualify for one of the Spending Exceptions or if the [ ] Note fails to meet all of the requirements of the Small Issuer Exception. As set forth in the Letter Agreement, the Local Unit Rebate Requirement shall be calculated separately for each Local Unit. If it is detennined, however, that the Local Unit -14- Rebate Requirement is required to be calculated in the aggregate, the Local Unit Rebate Requirement for each Local Unit shall be equal to a percentage of the Aggregate Local Units Rebate Requirement determined by multiplying the Aggregate Local Units Rebate Requirement by a fraction, the numerator of which is the positive Local Unit Rebate Requirement calculated separately and the denominator of which is the sum of all of the positive Local Unit Rebate Requirements calculated separately. If any provision of this Agreement shall become inconsistent with any regulation or regulations promulgated under Section 148(f) of the Code subsequent to the date hereof, VPSA hereby agrees and covenants to prepare, or cause to be prepared, as soon as practicable, a Local Unit Rebate Computation for each Local Unit, in compliance with such regulation or regulations, and VPSA, the Investment Manager and each of the Local Units hereby further agree and covenant immediately to make any and all transfers and payments required by Sections 12 and 14 of this Agreement from any moneys on deposit in the Income Subaccount and any other moneys of the Local Unit legally available for such purpose. Section 12, Transfers to Income Subaccount. Upon receipt by a Local Unit of the Rebate Report from VPSA, if the amount on deposit in the Local Unit's Income Subaccount (including the Income Subaccount Set Aside) is less than the Local Unit Rebate Requirement of such Local Unit, the Investment Manager shall promptly charge the Principal Subaccount of such Local Unit an amount equal to the deficiency and credit its Income Subaccount such amount. To the extent that the amount on deposit in the Principal Subaccount is insufficient to remedy the deficiency, the Investment Manager shall advise VPSA and such Local Unit of the amount of the remaining deficiency, and, to the extent permitted by law, the Local -15- Unit agrees to transfer promptly to the Depository, from any funds that are or may be made legally available for such purpose, the amount equal the remaining deficiency. To the extent that the amount on deposit in the Income Subaccount exceeds the Local Unit Rebate Requirement for the Local Unit, such excess shall be transferred to the Principal Subaccount of the Local Unit. Section 13. Disposition of Excess Proceeds. A. When a Local Unit shall certify to VPSA and the Investment Manager that there are balances to the credit of the Local Unit's Principal Subaccount or Income Subaccount that will not be used for Capital Projects prior to November 10, 2007, such amount shall be retained in the Proceeds Account and, to the extent such amount is not required to be deposited to the Income Subaccount pursuant to Section 12, VPSA will, except as provided in the last sentence of this Section 13A, direct the Depository to apply such amount to redeem such Local Unit's Local School Bonds on the earliest possible date that such Bonds may be called without a penalty or premium. Notwithstanding the foregoing, when a Local Unit shall certify to VPSA and the Investment Manager that it has made an election under Section 148(f)(4)(C)(viii) or (ix) of the Code to tenninate the Penalty Election, and that, pursuant to Code Section 148(f)(4)(C)(viii)(III) of such tennination election, such Local Unit indicates the amount of Available Construction Proceeds to be applied to the redemption of its Local School Bonds and the date of such redemption, VPSA will direct the Investment Manager and the Depository to apply such amount toward the redemption of such Local Unit's Local School Bonds on the date indicated. B. In the event that there are any balances remaining on deposit in either the Principal Subaccount or Income Subaccount of any Local Unit on November 10, 2007, such amounts will be invested by the Investment Manager in an Individual Portfolio at a Yield not in -16- excess of the VPSA's Bond Yield or in tax-exempt obligations. With respect to the ] Transferred Proceeds Account, in the event that there are any balances remaining on deposit in such account on [ 1, such amounts will be invested by the Investment Manager in an Individual Portfolio for [ County at a Yield not in excess of the VPSA's Bond Yield or in tax exempt investments. Section 14, Rebate Payments and Penalty Payments. A. The Local Unit Rebate Requirement of each Local Unit shall be paid to the United States Treasury at the direction of VPSA on behalf of and for the accounts of the Local Unit and VPSA in accordance with the Letter Agreement. B. The payment of the Local Unit Rebate Requirement of each Local Unit shall be in partial satisfaction with respect to the VPSA's Bonds, and total satisfaction with respect to the proceeds of the Local School Bonds on deposit in the Proceeds Account, of the requirements of Section 148(f) of the Code except to the extent that such issue of Local School Bonds may be treated as a composite issue under Treasury Regulation §1.150-1(c) with another issue of obligations. C. Notwithstanding anything to the contrary herein, if VPSA has made the Penalty Election on behalf of a Local Unit and if such Local Unit fails to qualify for one of the Spending Exceptions, then, prior to any further disbursements from the Principal Subaccount or Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the Information Statement, a computation of the amount of the Penalty that must be paid to the United States Treasury pursuant to the Penalty Election. If the amount on deposit in the Local Unit's Income Subaccount and Principal Subaccount is less than the amount of the Penalty due by such Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and to the -17- extent permitted by law, the Local Unit agrees to transfer promptly to the Depository, from any funds that are or may be made legally available for such purpose, the amount of the deficiency. The Penalty of each Local Unit shall be paid to the United States Treasury at the direction of VPSA on behalf of and for the accounts of the Local Units no later than ninety (90) days after the end of the spending period to which the Penalty relates. Section 15. Duties of VPSA. VPSA shall carry out its duties and responsibilities under this Agreement and may retain agents, independent contractors and others that it deems qualified to carry out any or all of such duties and responsibilities. VPSA shall carry out, or cause to be carried out, all of its responsibilities under the Letter Agreement. VPSA shall retain a copy of all Rebate Computations for at least six (6) years after the retirement of the last ofVPSA's Bonds. VPSA agrees that, except as provided in this Agreement, any rebate liability that VPSA may have on account of the investment and reinvestment of the Gross Proceeds of VPSA's bonds, including, by way of example and not of limitation, any rebate liability as a result of the investment of money credited to funds and accounts created under its bond resolutions or as a result of the advance refunding of its bonds, shall be the sole responsibility of VPSA and not any Local Unit. Section 16. Duties of the Depository. The Depository shall carry out its duties and responsibilities under the SNAP Documents and this Agreement. -18- Section 17. Duties of Local Units. A. The Local Units will cooperate with VPSA, the Investment Manager and the Depository in order to ensure that the purposes of this Agreement are fulfilled. To that end, each Local Unit covenants and agrees that it will take any and all action and refrain from taking any and all action, as recommended by its bond counsel, to maintain the exclusion from gross income for federal income tax purposes of interest on its Local School Bonds to the same extent such interest was so excludable on the Closing Date. B. If a Local Unit is required to restrict the Yield on its investments, in order to comply with such covenant or to maintain the exclusion from gross income for federal income tax purposes of the interest on VPSA's Bonds, it shall timely notify the Investment Manager to restrict such Yield to the VPSA's Bond Yield. Each Local Unit agrees not to charge its general fund or otherwise set aside or earmark funds with which to pay debt service on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to VPSA. C. Each Local Unit agrees to provide for the payment of its Local Unit Rebate Requirement and/or Penalty and acknowledges that the payment of its Local Unit Rebate Requirement and/or Penalty is necessary to maintain the exclusion from gross income for federal income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds. Each Local Unit agrees to complete and to provide to VPSA such forms as VPSA may request for filing in connection with the payment of the Local Unit Rebate Requirement and/or Penalty. D. Each Local Unit hereby covenants and represents that neither the Local Unit nor any related party, as defined in Section 1.150-1 (b) of the Treasury Regulations, to such Local Unit, pursuant to any arrangement, formal or informal, will purchase the VPSA's Bonds in an amount related to the amount of Local School Bonds to be acquired from such Local Unit by VPSA. -19- Section 18. Responsibilities of the Investment Manager. The Investment Manager shall be the agent of, and serve at the expense of, the Local Units, to manage and direct the temporary investment and reinvestment of all moneys to the credit of the Proceeds Accounts pending their disbursement to the Local Units and to make such computations as required by this Agreement. In general, the duties of the Investment Manager shall include those described in the SNAP Documents. In particular, the Investment Manager will direct the investment and reinvestment of moneys to the credit of the Subaccounts of each Local Unit in accordance with the Information Statement, the Contract and this Agreement. Section 19. Costs. Costs of SNAP are payable as provided in the Information Statement. The difference in the interest rates between VPSA's Bonds and the Local School Bonds shall be collected and retained by VPSA as partial payment of the administrative costs incurred by VPSA in connection with issuing, carrying, and repaying VPSA's Bonds, and the underwriting discount, if any, and the cost of purchasing, carrying, and selling or redeeming the Local School Bonds. VPSA will not charge any other fee to the Local Units for its services or seek reimbursement for its fees and expenses, including counsel fees, incurred in connection with the discharge of its duties and responsibilities under this Agreement. Section 20, Opinions of Counsel. On the Closing Date, VPSA and each Local Unit shall furnish an opinion of counsel addressed, in the case of counsel to VPSA, to all the Local Units, and in the case of counsel to the Local Units, to VPSA, to the effect that the obligations of its client under this Agreement are valid, binding and enforceable against such client in accordance with its terms. -20- Section 21. Amendment. This Agreement may be amended only with the consent of all the affected parties; provided, however, that this Agreement shall be amended whenever, in the judgment of VPSA, based on an opinion of its counsel, such amendment is required in order to insure that interest on VPSA's Bonds shall remain excludable from gross income for federal income tax purposes to the same extent it was, in the opinion of such counsel, so excludable on the Closing Date. VPSA shall offer to amend this Agreement whenever it shall in good faith detennine, based on an opinion of its counsel, that anyone or more of the restrictions or requirements imposed by this Agreement upon the Local Units, or any of them, may be removed or modified without adversely affecting the exclusion of interest on VPSA's Bonds from gross income for federal income tax purposes. Section 22. Notices. Whenever notice is to be given pursuant to the provisions of this Agreement, such notice shall be deemed to have been satisfactorily given on the same day if hand delivered or telecopied during regular business hours or three (3) days after the date of postmark if mailed, first class mail, postage prepaid, as follows: If to VPSA, to Virginia Public School Authority c/o State Treasurer by hand 3rd Floor, James Monroe Building 101 North 14th Street Richmond, Virginia 23219 by mail Post Office Box 1879 Richmond, Virginia 23218-1879 by telecopier (804) 225-3187 III any case Attention: Public Finance Manager Ifto the Depository, to Wachovia Bank, N.A. -21- By hand 1021 East Cary Street Richmond, Virginia 23219 By mail Post Office Box 27602 Richmond, Virginia 23261 By telecopier (804) 697-7370 In any case Attention: Richard H. Grattan Senior Vice President If to the Investment Manager, to PFM Asset Management LLC By hand One Keystone Plaza, Suite 300 N. Front & Market Streets Harrisburg, PAl 71 0 1 By mail One Keystone Plaza, Suite 300 N. Front & Market Streets Harrisburg, P A 17101 By telecopier (717) 233-6073 In any case Attention: Barbara L. Fava Managing Director If to a Local Unit, to the address or telecopier number indicated on the page of this Agreement executed by such Local Unit. Any such address or number may be changed by written notice given to all the other parties to this Agreement and the Investment Manager, except that a Local Unit need give such notice only to VPSA, the Depository and the Investment Manager. Section 23. No Third Party Beneficiaries. Except as herein otherwise expressly provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto any right, remedy or claim, legal or equitable, under or by reason of this Agreement or any provision hereof, this Agreement and all its provisions being intended to be and being for the sole and exclusive benefit of the parties hereto. -22- Section 24. Severability. In case anyone or more of the provisions of this Agreement shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein. In case any covenant, stipulation, obligation or agreement contained in this Agreement shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the affected party to the full extent pennitted by law. Section 25. No Personal Liability. All covenants, stipulations, obligations and agreements ofVPSA contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of VPSA to the full extent authorized by the laws and pennitted by the Constitution of Virginia. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member, employee or agent of VPSA or any Local Unit in his individual capacity. No commissioner, officer, employee or agent of VPSA or any Local Unit shall incur any personal liability in acting or proceeding or in not acting or not proceeding, in good faith, reasonably and in accordance with the tenns of this Agreement and the applicable laws of the Commonwealth of Virginia. Section 26. Applicable Law. This Agreement is executed with the intent that the laws of the Commonwealth of Virginia shall govern its construction. Section 27. Counterparts. This Agreement may be executed in one or more counterparts. -23- Section 28. Effective Date; Term. This Agreement shall take effect on the Closing Date and shall expire on the date on which VPSA shall make the final rebate payment required by Part D of the Letter Agreement. Virginia Public School Authority By: Name: Richard A. Davis Title: Assistant Secretary and Assistant Treasurer Wachovia Bank, N.A. By: Name: Richard H. Grattan Title: Senior Vice President PFM Asset Management LLC By: Name: Barbara L. Fava Title: Managing Director -24- NAME OF ISSUER: Page 1 of2 A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section 22 above: B, Authorized Representative(s): Name Title Specimen Signature C. Local School Bonds Closing Date (if not November 10, 2004, enter Date of Issue of Local School Bonds): D. Is the Small Issuer Exception applicable to this Issuer? (If yes, an opinion of Bond Counsel and Issuer's covenant is required as per Section 9 herein). Yes No E. Eighteen Month Exception Estimated Investment Earnings for purposes of the Eighteen-Month Exception: $ If any proceeds are used to refund prior debt, please indicate: (a) proceeds used to refund prior debt: $ (b) issuance expense allocable to the refunding portion ofthe issue: $ NAME OF ISSUER: Page 2 of2 F. Elections with respect to Two-Year Exception: 1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-Year Exception: Yes No 2. Estimated Investment Earnings: $ 3. If any proceeds are used to refund prior debt, please indicate: (a) proceeds used to refund prior debt: $ (b) issuance expenses allocable to the refunding portion of the issue: $ 4. Bifurcation Election to treat the portion of the issue used for construction as a separate issue: Yes No If yes, state the portion of the issue used for construction and non-construction, respectively; (the sum of the following amounts must equal the issue price of $ reduced by any portion used for refunding purposes): (a) portion of the issue used for construction: $ (b) issuance expenses allocable to the construction portion of the issue: $ (c) portion of the issue used for non-construction: $ (d) issuance expenses allocable to the non-construction portion of the issue: $ 5. Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate: Yes No City/County By: Name: Title: Local Unit TOTAL: LOCAL SCHOOL BONDS- NON-SUBSIDY Principal Amount of Bonds Purchase Price $ A-I Exhibit A Page 1 of2 $ Local Unit Total: Exhibit A Page 2 of2 LOCAL SCHOOL BONDS- SUBSIDY Principal Amount of Bonds Purchase Price $ $ A-2 Exhibit B [No requisition is required in conjunction with a check payable to a vendor in respect of an invoice due and payable.] FORM OF REQUISITION FOR REIMBURSEMENT BY PRE-AUTHORIZED WIRE [To be used for REIMBURSEMENT to a Local Unit from Local School Bond proceeds for an invoice or obligation that has been paid and is eligible for payment from Local School Bond proceeds. ] PFM Asset Management LLC One Keystone Plaza, Suite 300 N. Front & Market Streets Harrisburg, P A 17101 VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit] BOND PROCEEDS ACCOUNT - SERIES 2004 B ISSUE Requisition from the Principal Subaccount Requisition No. ("item number") This requisition for payment from the Principal Subaccount of the Proceeds Account is submitted in accordance with the provisions of the Proceeds Agreement dated November 10, 2004, among the Virginia Public School Authority ("VPSA"), the undersigned (the "Local Unit") and the other units of local government signatory thereto, PFM Asset Management LLC, as Investment Manager and Wachovia Bank, N.A., as Depository. You are hereby notified that you are authorized and directed by the Local Unit to pay the following obligation from the Principal Subaccount: 1. The item number of such payment: 2. The amount [ s] to be paid: $ 3. Purpose by general classification for which such obligation was incurred: B-1 4. The date(s) the expenditure(s) was/were made: To reimburse the Local Unit for costs of the _ School paid by the Local Unit through _,20_ as follows: 5. A copy of each supporting [invoice, work order, statement] for which reimbursement is to be made is attached hereto. 6. The obligation[s] in the stated amount[s] have been paid, and each item thereof is a proper charge against the proceeds of the Local Unit's Proceeds Account and has not been the subject of a previous withdrawal from the Proceeds Account. 7. All of which is hereby certified. Dated [Name of Local Unit] By: Authorized Local Unit Representative B-2 Exhibit C Virginia Public School Authority 101 North 14th Street Richmond, Virginia 23219 LETTER AGREEMENT November 10, 2004 Re: Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds of Its $[ 1 School Financing Bonds (1997 Resolution) Series 2004 B This LETTER AGREEMENT, dated the date shown above (this "Letter Agreement"), is between the Authority and the Investment Manager. All capitalized terms used herein shall have the meaning given to them in Part E of this Letter Agreement or in Section 2 of the Proceeds Agreement to which this Letter Agreement is attached as Exhibit C. With respect to the VPSA's Bonds, the Code requires that an amount equal to the VPSA's Rebate Requirement be paid to the United States Treasury. With respect to each issue of Local School Bonds, the Code requires that an amount equal to the Local Unit's Rebate Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs the Investment Manager, as provided below, to assist VPSA and each Local Unit to comply with the VPSA's Rebate Requirement and the respective Local Unit's Rebate Requirement. To enable VPSA and the Local Units to fulfill their respective obligations under the Proceeds Agreement and to make such payments, and to enable the Investment Manager to fulfill its obligations under this Letter Agreement, the Investment Manager will prepare, on or before December 1, 2005 and each December 1 thereafter, the Investment Reports for VPSA as of the preceding November 10 and each Local Unit as of the preceding November 10. On the basis of such Investment Reports, VPSA shall cause the Rebate Calculation Agent to prepare the Local Unit Rebate Computation setting forth the Local Unit Rebate Requirement as of each Computation Date for each Local Unit with respect to its issue of Local School Bonds as described in paragraph 3 of Part B hereto. In addition, the Investment Manager will, based on the Rebate Report, transfer, within thirty (30) days after the Computation Date of each Local Unit, from its Principal Subaccount, if necessary, to its Income Subaccount, the amount required so that the amount to the credit of the Income Subaccount of each Local Unit shall equal its Local Unit Rebate Requirement. A. Investment Report With respect to all Nonpurpose Investments acquired during the term of this Letter Agreement with Gross Proceeds of each issue of Local School Bonds, the Investment Manager shall maintain separate Investment Reports for each issue of Local School Bonds. C-I The Investment Report for each Local Unit shall reflect the investments made with respect to its Proceeds Account. B. Rebate Computation on Local School Bonds VPSA shall compute each Local Unit's Rebate Requirement with respect to its issue of Local School Bonds in accordance with the procedure described below: 1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as well as any rebate payments made, to such Computation Date in accordance with the requirements of the Treasury Regulations. Unless VPSA shall otherwise direct, transaction costs incurred in acquiring, carrying, selling or redeeming such obligations, shall be accounted for as provided in the Information Statement. 2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as well as any rebate payments recovered, to such Computation Date in accordance with the requirements of the Treasury Regulations. 3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the "Local Unit Rebate Requirement" as of the Computation Date. 4. Each of the Local Units has covenanted in Section 17 of the Proceeds Agreement not to charge its general fund or otherwise set aside or earmark funds with which to pay debt service on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to VPSA. 5. Except as provided in Section 9(A)(4) of the Proceeds Agreement, the Local Unit Rebate Requirement may be treated as being met and no rebate computation shall be required with respect to the proceeds of the VPSA's Bonds applied to purchase such Local Unit's Local School Bonds if the VPSA receives the opinions and covenants or certification described in Section 9A of the Proceeds Agreement that a Local Unit meets the requirements of the (a) Six- Month Exception, (b) Eighteen-Month Exception, (c) Small Issuer Exception, or (d) Two-Year Exception, subject to the provisions described below. (a) Six-Month Exception. Notwithstanding th,e fact that all ofthe Gross Proceeds of the Local School Bonds are spent within six (6) months of the date of issue and no other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the term of the issue, if Gross Proceeds of the Local School Bonds become available after the end of the initial six-month period, the Local Unit Rebate Requirement shall be computed with respect to such Gross Proceeds in accordance with the procedure described above. (b) Eighteen-Month Exception. Notwithstanding the fact that all of the Gross Proceeds of the Local School Bonds are spent within eighteen (18) months of the date of C-2 issue and no other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the tenn of the issue, if Gross Proceeds of the Local School Bonds become available after the end of the initial eighteen-month period, the Local Unit Rebate Requirement shall be computed with respect to such Gross Proceeds in accordance with the procedure described above. (c) Small Issuer Exception. If a Local Unit delivers to VPSA no later than the end of calendar year 2004 (i) the opinion of nationally recognized bond counsel that the Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (f)(2) and (3) pursuant to Code Section 148 (f)(4)(D) and (ii) the Local Unit's covenant that it shall provide for the payment of or reimburse VPSA for its payment of the Local Unit Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to meet all the requirements of the Small Issuer Exception, then no rebate computation shall be made with respect to the proceeds of VPSA's Bonds applied to purchase such Local School Bonds. Although the Local School Bonds of a Local Unit may qualify for the Small Issuer Exception, custody, investment and disbursement of the proceeds of the VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall continue under the Proceeds Agreement, and the Investment Manager shall continue to provide an Investment Report for such Local Unit. Notwithstanding the foregoing, the [ ] Bonds and the refunding portions of the [ 1 do not qualify for the Eighteen Month Exception or the Two Year Exception. Furthennore, with respect to the amount on deposit in the [ ] Transferred Proceeds Account, such amount will be taken into account for purposes of computing the Local Unit Rebate Requirement for 1, but only if the [ ] does not qualify for one of the Spending Exceptions or if the [ Note fails to meet all of the requirements of the Small Issuer Exception. 6. In addition to the foregoing, no rebate computation shall be required with respect to the proceeds of the VPSA's Bonds applied to purchase a Local Unit's Local School Bonds if a Penalty Election has been made on behalf of the Local Unit with respect to such Local School Bonds. C. Aggregate Rebate Computation on Local School Bonds In the event that the Treasury Regulations require that the Local Units' Rebate Requirements be calculated in the aggregate, VPSA shall compute the Aggregate Local Units' Rebate Requirement in accordance with the procedure set forth below. 1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to detennine the Future Value of all nonpurpose payments made with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have made the Penalty Election), as well as any rebate payments made, to such Computation Date in accordance with the requirements of the Treasury Regulations. C-3 2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have made the Penalty Election), as well as any rebate receipts recovered, to such Computation Date in accordance with the requirements of the Treasury Regulations. 3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the "Aggregate Local Units' Rebate Requirement" as of the Computation Date. D. Rebate Payment 1. Upon the calculation of the Local Unit Rebate Requirement for each Local Unit, VPSA shall notify the Investment Manager thereof. The Investment Manager shall promptly charge the Principal Subaccount of a Local Unit to the extent the amount on deposit to the credit of its Income Subaccount is less than its Local Unit Rebate Requirement and credit its Income Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal to such Local Unit Rebate Requirement (taking into account prior amounts credited to the Income Subaccount including investment income thereon). To the extent that the amount on deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income Subaccount such that the balance in the Income Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency so that the Local Unit may promptly transfer to the Depository the amount required pursuant to Section 12 of the Proceeds Agreement. 2. In addition to the computation of the Local Units' Rebate Requirement, VPSA shall calculate its Rebate Requirement with respect to Nonpurpose Investments that were acquired with the Gross Proceeds of the VPSA's Bonds in accordance with the procedures set forth in the Tax Certificate executed by VPSA in connection with the issuance of the VPSA's Bonds. 3. The Local Unit Rebate Requirement for each Local Unit, if a positive number, shall be paid at the direction of VPSA to the United States in installments. Each payment shall be made not later than sixty (60) days after each Computation Date. Each payment must be in an amount not less than the total of ninety percent (90%) of the Local Unit Rebate Requirement for each Local Unit as of each Installment Computation Date. All of the Local Unit Rebate Requirement must be paid to the United States within sixty (60) days after the Final Computation Date. Payment shall be made to the Internal Revenue Service Center, Ogden, Utah 84201 and be accompanied by Form 8038- T. VPSA shall make such payment as required. Investment Reports and records of the determinations made hereunder shall be retained by the Investment Manager and by VPSA, respectively, until six (6) years after the retirement of the last ofVPSA's Bonds. E. Definitions C-4 In addition to the words and terms defined in the Proceeds Agreement to which this Letter Agreement is attached as Exhibit C, the following words and terms shall have the following meanings: "Bond Resolution" shall mean the resolution of the Authority adopted on October 23, 1997, as amended and restated on October 5, 1998, and as supplemented. "Fair Market Price" shall mean the purchase price and disposition price of a Nonpurpose Investment. Any Nonpurpose Investment purchased must be purchased at the Fair Market Price. An investment that is not of a type traded on an established market, within the meaning of Section 1273 of the Code, is rebuttably presumed to be acquired or disposed of at a price that is not equal to its fair market value. Accordingly, a premium may not be paid to adjust the yield on an investment, a lower interest rate than is usually paid may not adjust the yield on an investment and no transaction may result in a smaller profit or larger loss than would have resulted if the transaction had been at arm's-length and had the yield with respect to the Bonds not been relevant to either party. Pursuant to Treasury Regulation Section 1.148-5( d), the following are safe harbors for establishing the Fair Market Price of certificates of deposit and guaranteed investment contracts: (i) Certificate of Deposit. A certificate of deposit with a fixed interest rate, fixed payment schedule and a substantial penalty for early withdrawal will be deemed purchased for fair market value if the yield on the certificate of deposit is not less than (i) the yield on reasonably comparable direct obligations of the United States and (ii) the highest yield published or posted by the provider to be currently available from the provider on reasonably comparable certificates offered to the public. See Section 1.148- 5(d)(6)(ii) of the Treasury Regulations. (ii) Investment Agreement. Investments pursuant to a guaranteed investment contract will be regarded as being made at fair market value if (a) A bona fide solicitation for a guaranteed investment contract is made that satisfies all of the following requirements: (A) the bid specifications are in writing and are timely forwarded to potential providers, (B) the bid specifications include all material terms that may directly or indirectly affect the yield or the cost of the guaranteed investment contract, (C) the bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other potential provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the Issuer or any other person (whether or not in connection with the issuance of the Bonds), and that the bid is not being submitted solely as a courtesy to the Issuer or any other person for purposes of satisfying the requirements contained in Section 1.148- 5(d)(6)(iii)(B)(1) or (2) of the Treasury Regulations, (D) the terms of the bid specifications are commercially reasonable in that there is a legitimate business purpose for each term other than to increase the purchase price or reduce the yield of the guaranteed investment contracts, (E) the terms of the solicitation take into account the reasonably expected deposit and drawdown schedule for the amounts C-5 to be invested, (F) all potential providers have an equal opportunity to bid and no potential provider is given the opportunity to review other bids (i.e., a "last look") before providing a bid, (G) in those cases where the Issuer engages a bidding agent to conduct the bidding, such agent did not bid to provide the investment, and (H) at least three reasonably competitive providers are solicited for bids. A "reasonably competitive provider" is a provider that has an established industry reputation as a competitive provider of investments of the same type as such guaranteed investment contract; (b) At least three bona fide bids on the guaranteed investment contract are received from providers that have no material financial interest in the Bonds. The following are deemed to have a material financial interest in the Bonds: (A) the lead purchaser in a negotiated underwriting transaction until 15 days after the issue date of the issue, (B) any entity acting as a financial advisor with respect to the purchase of the guaranteed investment contract at the time the bid specifications are forwarded to potential providers, and (C) a provider that is a related party to a provider that has a material financial interest in the execution and delivery of the Bonds; (c) At least one of the three bids received IS from a reasonably competitive provider, as described above; (d) The winning bidder provides a certificate that (A) lists the recipients, amounts and purposes of any brokerage fee, placement fee, commission or administrative costs that it is paying (or expects to pay) to third parties in connection with supplying the guaranteed investment contract, (B) states that the yield on the guaranteed investment contract is not less than the yield available from the provider on reasonably comparable guaranteed investment contracts offered to other persons from sources of funds other than gross proceeds of tax-exempt obligations, and (C) in those agreements wherein the Issuer deposits amounts (other than amounts deposited in debt service funds or reasonably required reserve or replacement funds) states that the Issuer's draw- down schedule was a significant factor in determining the terms of the guaranteed investment contract; ( e) The highest yielding guaranteed investment contract for which a bona fide bid was made is purchased (determined net of broker's fees, if any); and (f) The following records are retained with the bond documents until three years after the last outstanding Bond is redeemed: (A) a copy of the guaranteed investment contract, (B) the receipt or other record amount actually paid for the guaranteed investment contract, including a record of any administrative costs paid and the certification under subsection (d) hereof, (C) for each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results, and (D) the bid solicitation form and, if the terms of the guaranteed investment contract deviated from the bid C-6 solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation. "Future Value" of a payment or receipt at the end of any period is determined using the economic accrual method and equals the value of that payment or receipt when it is paid or received (or treated as paid or received), plus interest assumed to be earned and compounded over the period at a rate equal to the Yield on the VPSA's Bonds, using the same compounding interval and financial conventions used to compute that yield. "Gross Proceeds" shall have the meaning ascribed to such term in Section 148 of the Code and shall mean: (a) amounts actually received or constructively received by VPSA from the sale of the VPSA's Bonds and the amounts actually or constructively received by the Local Units from the sale of the Local School Bonds, other than any interest accruing on the VPSA' s Bonds from the dated date to the issue date of such bonds; (b) amounts treated as Transferred Proceeds (as defined in Treasury Regulations Section 1.148-9) of the VPSA's Bonds or the Local School Bonds, if any; (c) amounts that are reasonably expected to be or are in fact used to pay debt service on the Bonds including amounts in the sinking fund portion of the 1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under the Bond Resolution; (d) securities or obligations pledged by the VPSA or Local Unit as security for payment of debt service with respect to the VPSA's Bonds or the Local School Bonds; ( e) amounts received with respect to any investments acquired with Gross Proceeds for the purpose of carrying out the governmental purpose for which the VPSA's Bonds or the Local School Bonds were issued, including the Local School Bonds, except that such amounts shall not include amounts, if any, that are properly allocable to qualified administrative costs recoverable under Treasury Regulation Section 1.148-5(e) or to the higher yield permitted under Treasury Regulation Section 1. 148-2(d) or Section 143(g) of the Code; (f) amounts treated as "replacement proceeds" of the VPSA's Bonds or the Local School Bonds within the meaning of section 1.148-1 (c) of the Treasury Regulations; (g) any funds that are part of a reserve or replacement fund for the VPSA Bonds or Local School Bonds; and (h) amounts received as a result of investing any Gross Proceeds. C-7 Gross Proceeds shall include amounts that are on deposit in the Income Subaccount to the extent that such amounts are derived from Gross Proceeds of the VPSA's Bonds or the Local School Bonds. The determination of whether an amount is included within this definition shall be made without regard to whether the amount is credited to any fund or account established under the Bond Resolution, or whether the amount is subject to the pledge of the Bond Resolution. For purposes of subsection (d) above, an amount is pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if there is a reasonable assurance that the amount will be available for such purposes in the event that the VPSA or Local Unit encounters financial difficulties. An amount can be indirectly pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if it is pledged to a guarantor of either or both such bonds. An amount may be "negatively" pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount at a particular level for the direct or indirect benefit of the holders of the bonds or a guarantor of the bonds. An amount is not negatively pledged however if (i) VPSA or the Local Units may grant rights in the amount that are superior to the rights of the holders of the bonds or a guarantor of the bonds, or (ii) the amount does not exceed reasonable needs for which it is maintained, the required level is tested no more frequently than every 6 months, and the amount may be spent without any substantial restriction other than a requirement to replenish the amount by the next testing date. If a decision is made to apply any insurance or condemnation proceeds to the redemption of VPSA's Bonds or Local School Bonds instead of using such proceeds for repair or replacement, any such proceeds become Gross Proceeds on the date of such a decision. The definition of Gross Proceeds has been set out in full for the sake of completeness. With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local Unit's Proceeds Account except to the extent that the Local School Bonds may be part of a composite issue under Treasury Regulation §1.150-1(c), or the Local Unit may have retained Transferred Proceeds. With respect to the VPSA's Bonds, all of its Gross Proceeds are the total of the amounts on deposit in the Proceeds Accounts of the Local Units, except as provided above, and the amounts on deposit in the sinking fund portion of its 1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under the Bond Resolution. "Investment Report" shall mean the record of investment activity maintained by the Investment Manager with respect to the investment property and the Local Units, as described in the Letter of Instructions to the Investment Manager from the Treasury Board of the Commonwealth of Virginia dated [May 1, 2000]. "Local Unit's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of the Local School Bonds over (B) the amount that would have been earned if the Nonpurpose Investments had a Yield equal to the VPSA's Bond plus (ii) any income attributable to the excess described in clause (i). C-8 "Nonpurpose Investments" shall mean any security, obligations, annuity contract or any other investment-type property (as such term is defined in Section 1.148-1(b) of the Treasury Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds or the Local School Bonds. Nonpurpose Investments shall not include Tax-Exempt Investments. Any Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase price of the Nonpurpose Investment is the Fair Market Price. "Rebate Calculation Agent" shall mean that accounting firm with a favorable national reputation in the field of the calculation of amounts subject to rebate to the United States under Section 148(f) of the Code and the Temporary Regulations that has been appointed under Section 9.2 of the Contract or by VPSA. "Tax-Exempt Investments" shall include: (i) obligations the interest on which is excludable from gross income for federal income tax purposes, and not treated as an item of tax preference under Section 57(a)(5)(C) of the Code, (ii) stock in a regulated investment company to the extent that at least 95% of the income to the holder of the interest is excludable from gross income under Section 103 of the Code, and (iii) certificates of indebtedness issued by the United States Treasury pursuant to Demand Deposit State and Local Government Series program described in 31 CFR part 344 ("SLOs"). "Treasury Regulations" shall mean the Treasury Regulations Sections 1.148-0 through 1.148-11, 1.149(b)-I, 1.149(d)-I, 1.149(e)-I, 1.149(g)-I, Section 1.150-1 and Section 1.150-2, as amended from time to time hereafter, and other regulations promulgated under Section 148 of the Code. "VPSA's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's Bonds over (B) the amount that would have been earned if the Nonpurpose Investments had a Yield equal to VPSA's Bond Yield plus (ii) any income attributable to the excess described in clause (i). "Yield", for purposes of this Letter Agreement, shall be calculated pursuant to the Treasury Regulations by means of an actuarial method of yield calculation whereby "yield" means that discount rate which, when used in computing the present value of all the unconditionally payable payments of principal and interest and all the payments for a qualified guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue price of the bond. For purposes of this Letter Agreement, the Yield on VPSA's Bonds is [ ]%. The Yield on investments must be computed by the use of the same frequency interval of compounding interest as is used in computing the Yield on the VPSA's Bonds and the Local School Bonds. C-9 F. Amendments In order to comply with the covenants by VPSA and each of the Local Units regarding compliance with the requirements of the Code and the exclusion from federal income taxation of the interest paid and to be paid on the Local School Bonds and VPSA's Bonds, the procedures described in this Letter Agreement may be modified as necessary, based on the advice of counsel, to comply with rulings, regulations, legislation or judicial decisions as may be applicable to such bonds. Very truly yours, VIRGINIA PUBLIC SCHOOL AUTHORITY By: Name: Richard A. Davis Title: Assistant Secretary and Assistant Treasurer Accepted: PFM Asset Management LLC By: Name: Barbara L. Fava Title: Managing Director C-IO Exhibit D AUTHORIZED REPRESENTATIVES The following are the Authorized Representatives of Virginia Public School Authority, Wachovia Bank, N.A. and PFM Asset Management LLC: VIRGINIA PUBLIC SCHOOL AUTHORITY: Name Title Specimen Signature Richard A. Davis Assistant Secretary and Assistant Treasurer Dora D. Fazzini Assistant Secretary and Assistant Treasurer W ACHOVIA BANK, N.A.: Name Title Specimen Signature Richard H. Grattan Senior Vice President PFM ASSET MANAGEMENT LLC: Name Title Specimen Signature Barbara L. Fava Managing Director D-l NYl 5580676vl COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing: Easement Agreement for Electrical Service and associated Membership Application with Central Virginia Electric Cooperative. AGENDA DATE: September 8,2004 ACTION: X INFORMATION: SUBJECT/PROPOSALlREQU EST: Approve the Easement Agreement and Membership Application for Electrical Service with Central Virginia Electric Cooperative for the Peter's Mt./ECC 800 MHz Public Safety Communications Tower site and Authorize the County Executive to Execute the Agreements. CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Tucker, Foley, Davis, Trank REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The Emergency Communications Center (ECC) has negotiated a right of wayleasement agreement with Central Virginia Electric Cooperative to provide electrical service to the Peter's Mt. 800 MHz Public Safety Communications tower site. Central Virginia Electric Cooperative is also seeking an easement from AT&T, over whose property the proposed electrical service line would extend. The one-time cost for establishment and installation of the proposed electrical service is $13,878.00, to be paid from the ECC's 800 MHz project budget. As part of the right of wayleasement agreement, the County as fiscal agent for the ECC is being asked to enter into a Membership Agreement with Central Virginia Electric Cooperative. STRATEGIC PLAN: Goal 3.1 Make the County a safe and healthy community in which citizens feel secure to live, work and play Objective 3.1.1 By June 2004, the County will establish a strategy to insure that its public safety systems meet the demands of the growing County Strategy 3.1.1.3 Plan for and provide infrastructure necessary to support desired level of service DISCUSSION: Va. Code § 15.2-1800(B) requires that the Board conduct a public hearing before agreeing to convey any interest in County-owned property. The Peter's Mt. Tower site is titled in the name of the County, and is jointly owned by the County, City of Charlottesville and University of Virginia. Central Virginia Electric Cooperative seeks an easement and right of way over the Peter's Mt. property where the new 800 MHz Public Safety Communications Tower is currently being constructed. The attached Easement Agreement (Attachment A) and Membership Application are required in order to provide electrical service to the tower site. Attachment B is a sketch showing the location of the proposed electrical service. Attachment Cis an Addendum to the easement. RECOMMENDATIONS: Staff recommends that the Board approve the Easement Agreement and Membership Application with Central Virginia Electric Cooperative and authorize the County Executive to execute the Agreement and Application on behalf of the County. 04.140 Attachment A CENTRAL VIRGINIA ELECTRIC COOPERATIVE EASEMENT AGREEMENT County of Albemarle W.O.# Pole # P30 Tower At Peters Mountain THIS AGREEMENT, MADE THIS _ day of 20_ , by and between: COUNTY OF ALBEMARLE herein called "Grantors", whether one or more persons, and CENTRAL VIRGINIA ELECTRIC COOPERATIVE, a Virginia corporation, herein called "Cooperative". WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid to Grantors by Cooperative, the receipt whereof is hereby acknowledged, Grantors hereby grant, convey, and warrant to Cooperative, its successors, assigns, lessees and tenants, a right of way easement, 20' in width for an underground electric power line or lines, and communication lines, in, on, along, through, across, under the following described lands of the Grantors situated in Magisterial District, County of , State of Virginia and iI~~('r;}J~¥.,ªqgR"",~· Albemarle A tract of land designated as Tax Map-# 50-10 being property acquired by Grantor in Deed Book No. 2233 Page No. .l?&sketch showing the easement location is attached as an addendum to this easement. TOGETHER with the right, privilege and authority to Cooperative, its successors, assigns, lessees and tenants, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will, grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Cooperative's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and remove from said premises, any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with or threaten to endanger the use of, Cooperative's Facilities; the right to disturb the surface of said premises, and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some of or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. It is understood and agreed between the parties hereto, that the Grantors reserve the right to use said lands in any way not inconsistent with the rights herein granted. TO HAVE AND TO HOLD the same unto Cooperative, its successors, assigns, lessees and tenants. It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. WITNESS the following signatures and seals. (SEAL) (SEAL) (SEAL) (SEAL) STATE OF COUNTY OF ) ) To-wit: ) The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this the ,20 by' day of (Name of person(s) seeking acknowledgement) My Commission expires: Notary Public/Commissioner Prepared by: CENTRAL VIRGINIA ELECTRIC COOPERATIVE a, a, ç:: l..- .'; ...J vi I..- a, ..... --.J eu ç:: a, E Q) a, c::; I..- 0 E l..- e; E ç:: c::; s¡ eu 3 '- '- a ::::¡ ç:: s.. 1I1 f- a 4- e; +' ..... Õ 3 1I1 1I1 .8 3 s.. 1I1 a eu 4- ç:: +' eu c::; a 1I1 1I1 ~" Q) a u I..- 0 a, c::; 0 I..- '- ç:: :J ç:: '- eu a, 0) cu u W +' 0 f- c::; Q.. - ... ~ --'1<t___11", .s:: s.. c::; ç:: :J '- a, '- a, LcJ L..... f- Q.. I-- ~ -,.. c::; ~ eu -ð :§ L:J ~ L:J L:J ~ g..;;;.- --,~-- c a > ç:: L'J :::J L'J :::J L'J :::J ~''''. 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N £: 0 "",0 \ '--"'II! ::; >. ... ,J --..,\.¡ 'ð ... rn s:: ;:f ,¡:. "-.JI;¡ C ;:f t>/) --....... OJ 0 ;:f l) U ~ \ ¡( \J ~ t tk \ l) <r OJ +' Ó q ...I <Ow <--:: a:Za:!è( - I- a:: I-c¡Ow Za:UJI1. w_...Ig O>wo ~ \ ..- " ó. \~ (i: \ IS: \ CENTRAL VIRGINIA ELECTRIC COOPERATIVE August II, 2004 County of Albemarle Emergency Comm Center 2306 Ivy Rd Charlottesville, VA 22902 Dear Consumer: w/o #56254 Enclosed is a sketch showing the proposed line to your new residence providing the necessary right of way ca~ be obtained. We will provide this service under our present Terms and Conditions for Electric Service. The cost to you for this service as proposed is $13,878.00. This cost is comprised of a $25.00 new account charge and $13,853.00 excess footage. You are responsible for opening and closing the trench for the proposed cable per our specifications as the enclosed guides indicate. Please note that 3" conduit must be installed from the bottom of the meter base to 12" below grade and if the footing is less than 30 inches below finished grade, two sweeping forty-five degree elbows must be furnished to clear the footing. The underground lines and meter cannot go under any existing or proposed structure or through the drain fields of a septic system. If at some future date you find it necessary to build over the line, you will be responsible for the actual cost of relocating the service. Please complete the enclosed application and right of way easement and return them to us along with this letter signed by you. Your signature on the application must be witnessed by someone other than a family member and dated. Please include your social security number in the space provided on the application. The easement must be completed as the enclosed guide indicates and sign the easement addendum. Construction cannot begin until the necessary right of way is received from AT&T. We have requested right of way from them. We suggest you contact them to assure there are no problems. All fees and charges herein referenced will be valid for ninety (90) days. After returning all required documents, fees, having the service wired and inspected by the County Building Inspector, pI :=ase contact us to avoid any delays in starting construction. If you have any questions, please let us know. Sincerely, I have read this letter and agree to the above terms. (J4~ L. Michael Ponton Signature Staking T.echniclan III Post Office Box 247 . Lovingston, VA 22949 Telephone: 434/263-8336 Fax: 434/263-8339 Toll Free: 800/FOR-CVEC (800/367-2832) Internet: www.forcvec.com (f) Application for Membership Central Virginia Electric Cooperative (t) The undersigned (the Applicant) hereby applies for membership in Central Virginia Electric Cooperative, a corporation (the Cooperative) and once accepted, the Application and the Cooperative agree as follows: 1. The applicant is a member-owner of Central Virginia Electric Cooperative and has all the rights and responsibilities incumbent to that membership in the nonprofit Cooperative, including voting rights for members of the Cooperative's Board of Directors and the return of accrued Patronage Capital. 2. The Cooperative agrees to provide electric service to the Applicant, provided the Applicant's premises are in compliance with the National Electrical Code and the National Electrical Safety Code. All equipment and facilities installed by the Cooperative, related to providing electric service to the premises shall be the property of the Cooperative, including any equipment and facilities for which the member makes a contribution in aid of construction. The Cooperative will endeavor to maintain continuous service, however, in the event of a power failure the Cooperative shall not be responsible for damages or losses resulting therefrom. 3. The applicant will comply and be bound by the provisions of the Cooperative's Certificate of Incorporation, Bylaws, Terms and Conditions for Electric Service, Rate Tariffs, Existing Policies and Practices of the Cooperative, as the same now exist or may hereafter be adopted, repealed, amended or supplemented, including the provisions for the late fees, and service shall be disconnected if bills are not paid within the prescribed time period. 4. When the Cooperative makes electric service available, the Applicant, his or her heirs, executors, assigns the successors, agree to purchase from the Cooperative, and pay as billed for all electric energy metered on the premises. 5. The Applicant hereby grants the Cooperative the right to enter onto property owned or leased by the Applicant in order to maintain the electric system. 6. The Applicant grants to the Cooperative and at its request will execute any documents necessary to convey the right-of-way and easement to construct, operate, repair and maintain on the applicant's property, its electric lines and equipment. The Cooperative shall have the right to keep the right-of-way clear of buildings, structures or other obstructions, to cut, trim or otherwise control trees and shubbery in order to keep them sufficiently clear of the facilities of the Cooperative or those, which in falling, might endanger the operation of the Cooperative's facilities. 7. The Applicant agrees that if any patronage capital accruing to the applicant's account goes unclaimed for a period of three years from the date it is mailed to the member's last known address, such patronage capital shall become the property of the Coopeative and may be used by the Cooperative until such time as the applicant comes forward to claim the patronage. This agreement is for an initial minimum period of one year for each account. This agreement applies to this electric service and all future services connected by the Cooperative for the applicant. The acceptance of this application shall constitute an agreement for service between the Applicant and the Cooperative. Name County of Albemarle S.S. No. Address Applicant's Signature Witness Account Number . Pole Number P 30 CVEC Manager Date 911 Tower Home Phone Work Phone COUNTY OF ALBEMARLE . :... - EXECUTIVE SUMMARY ". < '"1 t t. 1_ . -t AGENDA TITLE: Fifth StreeUAvon Street Mixed Use Complex, CPA 2003-002 SUBJECT/PROPOSAL/REQUEST: Request to change the Comprehensive Plan, Land Use Plan designation from Industrial Service to Regional Service, to allow development of a mixed- use complex including community and regional level retail and service, multi-family housing, industrial service, connector road, employment and open space and park land uses. The property, consisting of approximately 89.4 acres, is described as Tax Map 76M(1) Parcels 2A, 2B, and 4A, and Tax Map 77 Parcel 11 E, and is located in the Scottsville Magisterial District between Fifth Street Extended and Avon Street Extended immediately north of Interstate 64, in Neighborhood Four. Existing zoning is LI, Light Industrial and EC, Entrance Corridor. STAFF CONTACTlS): Tucker, Cilimberg, Benish, Thomas AGENDA DATE: September 8,2004 ACTION: Yes INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: aACKGROUND: The Planning Commission held three work sessions to review the Fifth StreeUAvon Street Mixed Use Complex, CPA 2003-002 prior to the July 20 public hearing. The second work session (October 14) was a joint meeting with the Charlottesville Planning Commission. The applicant's proposal originally incorporated a regional facility for Dominion Resources, on the site of the former Grand Piano warehouse. That element has since been eliminated, and replaced by a request for additional commercial square footage. Currently, the applicant is requesting 360,000 - 380,000 square feet (SF) of retail commercial, 12,000 - 20,000 SF restaurant use, 4000 - 8000 SF bank use, 5 - 7 acres employment, and 12 - 15 acres parkland. (Members of the Board have been given bound copies of the applicant's CPA proposal individually.) A similar Comprehensive Plan Amendment (Brass, Inc.) was submitted in 1997, for the western portion of the property. It underwent an extensive review, including participation by the City. The Planning Commission recommended approval of language changing the Comprehensive Plan designation from Industrial Service to Community Service/Mixed Use, and it was anticipated that the Board would adopt this recommended language. The applicant withdrew the request prior to action by the Board. (Attachment 0, the June 8, 2004 staff report on this proposal, includes the Brass, Inc. language previously recommended to the Board.) STRATEGIC PLAN: 2.1 Protect and/or preserve the County's rural character; and, 3.3 Develop and implement policies that address the County's growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County. DISCUSSION: As a result of the previous CPA review, the need for more retail commercial inventory in this portion of the southern urban area was acknowledged early in the Planning Commission's review of this proposal. Consequently, discussion focused .rimarilYOn the form and mix of uses on the site, road design and alignment, and preservation of key environmental features during site development. Although the Commission requested a more detailed concept plan incorporating these features, the applicant declined to provide it citing the general nature of a CPA. Ultimately, the Commission recommended Comprehensive Plan language based on information provided by staff at the July 20 public hearing, relying upon a detailed narrative description to define the desired mix, character and limits of development on the site. The Community Service/Mixed Use designation was selected to reflect the Commission's belief that this site exhibits a more limited development capacity due to topography and environmental features, access, and adjacent development patterns, even though the proposed uses are expected to exceed in size and intensity those normally associated with Community Service. The continued importance of this site in providing employment opportunities for this portion of the urban area was also important to the Commission in its review, and a reason for the Mixed Use designation. A schematic map is included with the Comprehensive Plan Amendment language, intended to illustrate the Commission's recommendation for an interconnected road system on the site. The applicant has submitted its own revisions to the Planning Commission's recommended language, included here as Attachment B. Transportation comments recently received from the City are included as Attachment C. Staff will be meeting with representatives from the City and the applicant to discuss these comments. RECOMMENDATIONS: Staff recommends that the applicant adopt the language recommended by the Planning Commission, and change the designation of this property from Industrial Service to Community Service/Mixed Use. ATTACHMENTS A - Recommended CPA Language and Map (Planning Commission July 20, 2004 public hearing) B - Applicant's Proposed Revisions to Planning Commission Language C - August 25, 2004 Letter from City Assistant Traffic Engineer 0- June 8,2004 Planning Commission work session staff report (with attachments) ATTACHMENT "A" . Recommended Lan1!:ua1!:e to be added to the Nei1!:hborhood Four Profile. pa1!:e 59. Land Use Plan: The area located south of the Willoughby residential development and north of Interstate 64 between Fifth Street Extended and Avon Street Extended, accessed via Bent Creek Road, is designated for Community ServiceIMixed Use development. It is intended to fulfill a "town center" role by providing a commercial and employment focal point within Neighborhoods Four and Five. When developed, it should provide retail and employment opportunities while incorporating a flexible range of uses that may include but are not limited to commercial, professional office/industrial/light industrial, residential, live/work, open space and parkland, public amenities and spaces appropriate for such a commercial center. Compatibility with the scale and character of adjacent and nearby City and County neighborhoods should be maintained. Because of its location between three entrance corridors, at the confluence of Biscuit Run and Moore's Creek, this site is of high aesthetic and environmental sensitivity and importance. . Environmental Protection A. Several acres of elevated land located at the western edge of Tax Map 76M! Parce12B, fronting the former Grand Piano and University Corporate Research Park access roads and extending north and south from the Bent Creek bridge along these roads contain woodland features considered to be significant to both the site and area. These features should be preserved as a visual buffer from Fifth Street Extended and be emphasized in site design. Existing vegetation, especially exemplary specimen or old growth trees, should be preserved on this tract. Rock formations sloping down to the existing roads should also be preserved. . B. Bluffs and riparian forest along the existing Grand Piano access roadIMoore's Creek corridor should be protected to minimize adverse impacts to the creek from major grading activity. Low-intensity design should be used to help accomplish this protection. C. To the greatest extent possible, streams and stream buffers should be retained and enhanced in conjunction with the development of the property. Emphasis should be placed on natural stream channel improvements, such as landscape stabilization and bioengineering enhancements, to the degraded portions of the existing Moore's Creek tributary. Where streams are to be disturbed, site development must assure that downstream properties and habitat are protected through implementation of measures for water quality and quantity. If crossing and/or filling of the small tributary to the east of the existing warehouse is essential to development of the parcel, innovative water protection management measures should be incorporated into the development. D. A greenway along Biscuit Run and Moore's Creek as recommended in the Comprehensive Plan Greenway Plan should be established. Greenway trails should be constructed and dedicated at the time of site development. E. The existing vegetated buffer adjacent to the 1-64 corridor should be preserved and enhanced. In addition to its screening function, this green buffer is an . .~ important aesthetic and natural resource that contributes to the appearance of the corridor. F. The floodplain area northeast of the confluence of Biscuit Run and Moore's Creek should become public open space for a natural area or multi-purpose field or other low-impact outdoor use. G. Development of the property should incorporate principles of low impact development and sustainable design to support and enhance water protection efforts. Impervious area should be minimized through a site concept that emphasizes complementary uses, shared parking, and protection of critical resources. In particular, green roof technology should be considered as an appropriate and effective technology for managing stormwater on this site. Transportation H. The City of Charlottesville, County of Albemarle, Virginia Department of Transportation, affected property owners, and interested stakeholders should work together to develop an integrated transportation system to serve the site. As a part of the integrated system, traffic signal timing and coordination should be improved and alternative transportation solutions such as Transportation Demand Management may be necessary. Phasing of development should take place so that transportation improvements are concurrent with transportation needs generated by the development. I. The integrated transportation system should include the necessary improvements, including roadway improvements, pedestrian and bicycle facilities and site design, to accommodate mass transportation in an area encompassing the following streets and intersections: (a) Fifth Street Extended and the Bent Creek Road (linked by a connector road); (b) Avon Street Extended and the connector road; (c) intersections with the connector road within the subject property; and (d) the connector road. J. Concurrent with development of the site, a connection from Fifth Street Extended to Avon Street Extended via the Bent Creek Bridge should be constructed (the Alternative 'D' recommended by the Southern Cities report). This connection may incorporate one or more new roads as well as the existing bridge and former Grand Piano warehouse access road. This connector road should not be regarded as a replacement or substitute for the Southern Connector and, as such, should be viewed as one element of the City/CountyNDOT regional transportation network. The road should be designed for speeds of 35 miles per hour and should provide improved inter-neighborhood access within the Southern Urban Development Areas. K. The former warehouse access road should become a parkway along Moore's Creek, but should not be designed as a major thoroughfare. The road should be improved, primarily within the existing travelway and disturbed area. To avoid additional disturbance to this stream buffer, sidewalks should not be required on this road. The greenway along Moore's Creek is recommended as a pedestrian alternative. L. One of the new roads on the site should be designed as a main commercial street traversing the town center into this portion of the site. The road should have 2 4- . curbing, sidewalks, street trees, and other Neighborhood Model elements. To accommodate service traffic primarily, a second new road segment should be considered at the southern portion of the site. M. The intersection of existing and new roads with the Bent Creek Bridge should be designed to avoid or minimize disturbance to the I DO-year floodplain, stream buffer, and the preserved area located above and to the east of it. N. Where considered important to the Willoughby residents, construction of a pedestrian bridge should be considered between the south side of Moore's Creek and the Willoughby residential property. . Land Use O. The Community ServiceIMixed Use "hybrid" land use designation for this area is intended to describe a commercial area which supports community and neighborhood needs and values. Uses should include retail, offices and other areas of employment, residential needs (housing and/or goods and services), environmental protection, and recreation. In acknowledgment of the size of the developable area, as well as environmental and aesthetic considerations, where large retail uses are planned, a mid-sized big box model is recommended on this site. Development of "super-sized" big boxes is not appropriate due to the site's relatively small developable area, environmental sensitivity, high exposure to three Entrance Corridors, immersed location within older neighborhoods with established character and scale, and the desire to mix and balance uses on the site and create a bona fide town center. The size and scale of regional retail complexes in the northern urban area ("super-sized" big boxes, such as the existing Lowe's store on Route 29 North) is not appropriate in this location. However, development may involve an expansion of the customary building limitations associated with the Community Service designation and no overall density limitation is established for the site. P. The continuation of employment opportunities is significant and valuable in this location, particularly in the eastern portion of the site but also throughout the town center area. The existing Light Industrial use opportunities available under the current zoning should be used to support and encourage development of flex space and/or other employment-oriented uses along Avon Street Extended. Q. Development on the site should balance retail with employment-based uses and other land uses. R. Residential, live/work and/or small professional office uses are recommended along the bluff at the northern edge of the town center area. These uses should be sited to minimize disturbance to the natural features described under Environmental Protection (above). It may be appropriate for such uses to occur as infill opportunities, to further balance retail and commercial uses on the site. S. A town center design should be a feature of the western commercial area. This area is intended to be a compact, high density area which mixes retail businesses, services, public facilities and civic spaces. Large footprint retail of a regional nature may be appropriate in the town center, if it is consistent with the Neighborhood Model principles. Specifically, the buildings should be oriented to major roads; designed, sized and massed with consideration for adjacent and . 3 5" nearby smaller uses in the Center and on the larger site; and parking should be relegated to the greatest extent possible. T. The architecture, urban design and landscape treatment of the property should be carefully integrated to ensure that the visual interest, massing, scale and organization of the development contributes to the role of the site as a town center and commercial focal point for the Southern Urban Area. The town center area should provide a functional, attractive and distinct destination for shoppers, visitors, employees, and residents of the larger neighborhood with particular emphasis on pedestrian convenience. Architectural and landscape design guidelines should be prepared to address: · The integration of building facades and rooflines; · Architectural massing and form of individual buildings; · Architectural materials and color; · Design of parking areas; · Design/landscape treatment of streets and interior travelways, pedestrian, bicycle and vehicular, including traffic calming; · Buffers and screening in areas impacted by critical sight lines; · Enhancements to preservation areas and open spaces and improvements to planned public civic and greenway areas; · Street lighting, signage and hardscape features; · Recreational and civic improvements. U. The largest single big box footprint should not exceed 130,000 square feet including outdoor display, sales and storage areas (approximately the size of the existing Wal-Mart on Route 29 North), and development on the site should be limited to one use whose square footage exceeds 100,000 square feet. There is no limit on uses of less than 100,000 square feet. V. Maximum total square footage of big-box structures, including outside display, sales and storage areas, is 230,000 square feet. If the big-box structures are developed in a two-story or greater configuration, this limitation may be adjusted upward. Buildings of increased footprint may be considered, and a corresponding increase in the total big-box square footage, subject to demonstration by the applicant that environmental and other impacts of such increased footprint can be offset by (a) design that is sensitive to architectural massing and quality, (b) building that complements the setting of the larger project, (c) parking and traffic accommodation that complements building form, pedestrian access, and building siting, (d) environmental design that enhances existing natural conditions within areas to be conserved, and (e) a commitment to a project phasing plan that ensures that a mix of retail and other uses of varying size and scale will be developed concomitantly with the expanded big box use. W. Preference will be given to rezoning proposals that maximize the range and mixture of uses, along with a phasing plan that assures a mixture of uses and addresses all parts of the site during the development of the project. 4 ~ . Public Space and Public Facilities/Amenities X. Provision should be made on the site for transit service and a park and ride facility. y. At least 10% ofthe gross site acreage should be devoted to amenities and 15% should be preserved or created as green space. Public amenities can be paved areas, such as plazas, courtyards or patios, landscaped areas such as parks or water features and/or natural areas left largely in their undisturbed state. Preserved areas should count toward both amenity and green space percentages. . . 5 1- fir._. t:Þy A&bwnate. County om_" ~.....c Data ~_c.os). ............ ov.... C1MmHn, ............... NohI1M.... .......b....chd.. craphle-...,.....m.OIH Md. ... rwtto be ciOnftI'uMor used ualllp1_cr\ptIlNt. ThIs ~h"" ."8'/~_.onIy. MrIaIIrNpry . 2002 ConmottWUIth elvtr¡lnI" Albemarle County, Virginia Fifth Street! Avon Street Mixed-Use Complex CPA 2003-02 - o 400 ... I!OO 6 ---------...- ~......... D ......._~ íÞ W.... -.. D...... 1_- - ........-- a ----.......... ..-.__a_ Q Nota ..... ro.Is a- _........c.._...... .-. ..~.,... ............-...... "'y. <b A TT ACHMENT B . Staff Recommended Lanl?:ual?:e rwith Applicant's sUl?:l?:ested chanl?:eslto be added to the Neil?:hborhood Four Profile. pal?:e 59. Land Use Plan: . The area located south of the Willoughby residential development and north of Interstate 64 between Fifth Street Extended and Avon Street Extended, accessed via Bent Creek Road, is designated for Community Rel?:ional Service/Mixed Use development. It is intended to fulfill a "town center" role by providing a commercial and employment focal point within Neighborhoods Four and Five. 'When developed, it should provide retail and employment oppørtunities while incorporating a t1exibleNeil?:hborhood Model principles recol?:nize that this area. on a macro-level. is located in the center of existinl?: residential neil?:hborhoods as well as planned future residential development areas. Neil?:hborhoods 4 and 5 comprise many of the characteristics of the Neil?:hborhood Model. with the exception that this area currentlv does not have a "commercial center". When developed. it should provide primarilv retail and employment opportunities without precJudinl?: a range of uses that may include but aFeis not limited to commercial, professional office/industriaJ/light industrial, residential, live/work, open space and parkland, public amenities and spaces appropriate for such a commercial center. Cømpatibilit)'Notwithstandinl?: the Rel?:ional Service desil?:nation. compatibilitv with the scale and character of adjacent and nearby City and County neighborhoods should be maintained. Because of its location between three entrance corridors, at the confluence of Biscuit Run and Moore's Creek, this site is of high aesthetic and environmental sensitivity and importance. . Environmental Protection A. Several acres of eleyated, wooded land located at the western edge of Tax Map 76M! Parcel2B, fronting the fonner Grand Piano and Uniyersity Corporate Research Park access roads and extending north and south from the Bent Creek bridge along these roads æ:e-contain woodland features considered to be natural features with significance to both the site and area. These features should be preser¡ed as a visual buffer from Fifth Street ExtcTlded and be emphasized in site design. Existing vegetation, especially exemplary specimen or old growth trees, should be preserved on this tract to the extent feasible. Rock fonnations sloping down to the existing roads should alse-be preserved~ to the extent feasible. These features should be preserved as a visual buffer from Fifth Street Extended and be em?hasized in site design. B. Bluffs and riparian forest along the existing Grand Piano access roadIMoore's Creek corridor should be protected to minimize adverse impacts to the creek from major grading actiyity. Low-intensity design should be used to help accomplish this protection. C. To the greatest extent possible, streams and stream buffers should be retained and enhanced in conjunction with the development of the property. Emphasis should be placed on natural stream channel improyements, such as landscape stabilization and bioengineering enhancements, to the degraded portions of the existing Moore's Creek tributary. Where streams are to be disturbed, site development must assure that downstream properties and habitat are protected q through implementation of measures for water quality and quantity. If crossing and/or filling of the small tributary to the east of the existing warehouse is essential to development of the parcel, innovative water protection management measures should be incorporated into the development. D. A greenway along Biscuit Run and Moore's Creek as recommended in the Comprehensive Plan Greenway Plan should be established. Greenway trails should be constructed and dedicated at the time of site development. E. The existing yegetated buffer adjacent to the 1-64 corridor should be preserved and enhanced where feasible. In addition to its screening function, this green buffer is an important aesthetic and natural resource that contributes to the appearance of the corridor. F. The floodplain area northeast of the confluence of Biscuit Run and Moore's Creek should become public open space for a natural area or multi-purpose field or other low-impact outdoor use. G. Development of the property should incorporate principles of low impact development and sustainable design to support and enhance water protection efforts. Impervious area should be minimized through a site concept that emphasizes complementary uses, shared parking, and protection of critical resources. In particular, green roof technology should be considered as an appropriate and effective technology for managing stormwater on this site. Transportation H. The City of Charlottesville, County of Albemarle, Virginia Department of Transportation, affected property owners, and interested stakeholders should work together to deyelop an integrated transportation system to serve the site. As a part of the integrated system, traffic signal timing and coordination should be improyed and alternative transportation solutions such as Transportation Demand Management may be necessary. Phasing of development should take place so that transportation improvements are concurrent with transportation needs generated by the development. 1. The integrated transportation system should include the necessary improvements, including roadway improyements, pedestrian and bicycle facilities and site design, to accommodate mass transportation in an area encompassing the following streets and intersections: (a) Fifth Street Extended and the Bent Creek Road {linked by a connector road); (b) Avon Street Extended and the connector road; (c) intersections with the connector road within the subject property; and (d) the connector road. J. Concurrent with development of the site, a connection from Fifth Street Extended to Avon Street Extended via the Bent Creek Bridge should be constructed (the Alternative 'D' recommended by the Southern Cities report). This connection may incorporate one or more new roads as well as the existing bridge and former Grand Piano warehouse access road. This connector road should not be regarded as a replacement or substitute for the Southern Connector and, as such, should be viewed as one element of the City/CountyNDOT regional transportation network. The road should be designed for speeds of 35 miles per hour and provide 2 /D . improved inter-neighborhood access within the Southern Urban Development Areas. K. The fonner warehouse access road should become a -parkway along Moore's Creek, but should not become the primary connector.be designed as a maior thoroughfare. The road shouldneed not be improved with curbing--ætà, but should. to the extent feasible. be confined mainly to the existing travelway and disturbed area. To avoid additional disturbance to this stream buffer, sidewalks should not be required on this road. The greenway along Moore's Creek is recommended as a pedestrian alternative. L. One of the new roads on the site should -be designed as a main commercial street traversing the town center into this portion of the site. The road -should have curbing, sidewalks, -street trees, and other Neighborhood Model elements. To accommodate service traffic primarily, -a second new road segment should be considered at the southern portion of the site. M. The intersection of -existing and new roads with the Bent Creek Bridge should be designed to avoid or minimize disturbance to the lOO-year floodplain, stream buffer, and the preserved area located aboye and to the east of it. N. Where considered important to the Willoughby residents, construction of a pedestrian bridge should be considered between the south side of Moore's Creek and the Willoughby residential property. . Land Use O. The Community Service/Mixed Use land use designation for this area represents a commercial area '.vhich supports community and neighborhood needs and values. Uses should include retail, offices and other areas of employment, residential needs (housing and/or goods and ser'lices), en'lironmental protection, and recreation. Development of this site may involve an expansioR of the customary building limitations associated with the Community Service designation. O. Development within this area should achieve moderate to high levels of density inasmuch as (a) the existing and planned transPOltation network, utility. and other public infrastructure as the capacity to support such development and (b) there is no remaining undeveloped land of significant area within Neighborhoods 4 and 5 that can meet the Comprehensive Plan's Regional Service development criteria. The continuation of employment opportunities is significant and valuable in this location, particularly in the eastern portion of the site but also throughout the town center area. The existing Light Industrial use opportunities available under the current zoning should may be used to support and encourage development of flex space and/or other employment-oriented uses along A yon Street Extended. (}..O. Development on the site should may balance retail with employment- based uses and other land uses. &:.P. Residential, liye/work and/or small professional office uses are recommended along the bluff at the northern edge of the town center area. These uses should be sited to minimize disturbance to the natural features described under Environmental Protection (above). It may be appropriate for such llses to occur as inrill 0ppOltunities, after the commercial and retail uses have been established. . 3 1/ &:0. ,A. town center design should be a feature of the The western commercial area. This area is intended to be -a compact, high density area which mixes retail businesses, seryices, public facilities and civic spaces. Large footprint retail of a regional nature may be appropriate in the tOV¡fl center, if it is cOAsistent with the Neighborhood Model principles. western portion of the area. Specifically, the buildings should be oriented to major roads; designed, sized and massed with consideration for adjacent and nearby smaller uses in the Center and on the larger site; and parking should be relegated to the greatest extent possible. +-:-R. The architecture, urban design and landscape treatment of the property should be carefully integrated to ensure that the visual interest, massing, scale and organization of the development contributes to the role of the site as a town center and commercial focal point for the Southern Urban Area. The town center area should provide a functional, attractiye and distinct destination for shoppers, visitors, employees, and residents of the larger neighborhood with particular emphasis on pedestrian convenience. Architectural and landscape design guidelines should be prepared to address: a. The integration of building facades and rooflines; b. Architectural massing and form of individual buildings; c. Architectural materials and color; d. Design of parking areas; e. Design/landscape treatment of streets and interior travelways, pedestrian, bicycle and yehicular, including traffic calming; f. Buffers and screening in areas impacted by critical sight lines; g. Enhancements to preservation areas and open spaces and improvements to planned public ciyic and greenway areas; h. Street lighting, signage and hardscape features; 1. Recreational and civic improvements. In acknowledgment of the size of the developable area, as well as environmental and aesthetic considerations, a mid-sized big box model is recommended for this site. Deyelopment of "super-sized" big boxes is not appropriate due to the site's relatively small developable area, high exposure to three Entrance Corridors, immersed location within older neighborhoods with established character and scale, and the desire to mix and balance uses on the site and create a bona fide town center. TÀ6 :;ize and seale of regiOl:¡al retail complexes iHAs a base guideline for maximum building footprints, (excluding outdoor storage, display, awnings, etc.) the northerR I:Irban area ("super sized" big boxe:~, SUCH as tR6 existing Lowe'¡; Gtore en ROl:lte 29 NortR) is Flot appropriate iFl tRis loeatioR. TRe largest single big box footprint should not exceed +wI 50,000 square feet iRcludiRg outdoor display, sales aAd sIDrage areas (approximately the size of the existÜ:¡g Wal Mart on Route:29 North), (lAd developmeRt on tHe :~ite should be limited to ORe Bse WRose square footage exceeds 100,000 sqHare feet. THere is FlO limit OR I:Ises of les[; thaA 100,000 square feet, except as described in V below. Buildings of increased footprint may be considered, sublect to demonstration bv the applicant that the environmental impact of such increased footprint can be offset bv (a) design that is sensitive to architectural massing and quality, (b) building that complements the setting of the larger project. (c) parking and traffic accommodation that complements building form, pedestrian access. and building siting, (d) environmental design that enhances existing 4 IJ-- . natural conditions within areas to be conserved, and (e) a commitment to a project phasing plan that ensures that a mix of retail uses of varying size and scale will be developed concomitantly with the expanded big box use. S. ¥:- T. Maximum total square footage of big-box structures, including outside display, sales and storage areas, is ~350,OOO square feet. If the big-box structures are developed in a two-story or greater configuration, this limitation may be adjusted upward. w.:u. Preference willmay be given to rezoning proposals that maximize the range and mixture of uses, along with a phasing plan that assures a mixture of uses and addresses all parts of the site during the development of the project. Public Space and Public Facilities! Amenities X. Provision should be made on the site for transit service and a park and ride facility. y. At least -10% of the gross site acreage should be deyoted to amenities and 15% should be preserved or created as green space. Public amenities can be paved areas, such as plazas, courtyards or patios, landscaped areas such as parks or water features and/or natural areas left largely in their undisturbed state. Preserved areas should count toward both amenity and green space percentages. . . 5 /3 ATTACHMENT C CITY 0 FC H A R LOT T E S V ILL E "A World Class City" City Hall. P.O. Box 911 Charlottesville, Virginia 22902 Telephone (434) 970-3182 Fax (434) 970-3359 www.charlottesville.org Department of Neighborhood Development Services TO: FROM: DATE: RE: Juan Wade, Transportation Planner (County of Albemarle) Kristi Byrne, Assistant Traffic Engineer September 1, 2004 Fifth Street/Avon Street Complex TIA (REVISED Comments) We have reviewed the Traffic Impact Analysis, and have the following questions/concerns: · The assumed route through Elliot Avenue is unacceptable to the City, Elliot Avenue is a neighborhood street. Please keep the route to A vonIMonticello A ve/I-64, and include the signals at Avon StIMonticello Ave, Monticello Ave/Carlton Rd, and reanalyze ElliotIMonticello Ave. · Please indicate that this analysis considered the pending/approved adjacent City developments including, but not limited to: Rock Creek on Old Ridge, Baylor Rd. development, Roy's Place, Johnson Village on Cleveland, Willoughby Townes, Willoughby Place, Fifth & Cherry, Moore's Creek on Palatine. · We would like to see the phasing plan of the development and corresponding traffic mitigation plan that will be implemented and complete before each phase of development. · Please make note to compensate the City for any adjustments that the City will have to make to our signals/infrastructure to accommodate this development beyond what is covered in a mitigation plan, including necessary signal coordination. · Can developer's traffic engineer assure us that the existing turn lane lengths will accommodate the proposed queuing needs? · The developer should maintain the Level of Service of a no-build situation, if not better, for all City signals impacted by this development. · We would like confIrmation that VDOT's review of this TIA includes an assessment of the City network (in addition to the County's) on behalf of regional traffic. · We are concened with access to adjacent property owners after improvements are made to the 5th St & Bent Creek Rd intersection. 14- . . . ATTACHMENT D STAFF PERSON: PLANNING COMMISSION WORK SESSION: SUSAN THOMAS JUNE 8, 2004 5TH STREET/AVON STREET MIXED USE COMPLEX. CPA 2003-02 BACKGROUND: The Albemarle County Planning Commission held its first work session on this project July 8, 2003, consisting of a brief presentation by the applicant and a preliminary discussion of issues related to the Comprehensive Plan Amendment request. A second work session was held October 4, 2003, jointly with the Charlottesville Planning Commission. At that meeting, the applicant stated that it had just been detennined that Dominion Resources would no longer be a part of the site development, and a more detailed site concept would be developed before the next meeting, in response to consistent requests from the Commission. PURPOSE OF THE WORK SESSION: The applicant has indicated to staffthat no one tenant has committed to the site. However, now that the issue of Dominion Resources has been resolved, the applicant would like to move the project discussion to a public hearing as expeditiously as possible. The Commission previously indicated that it would be unable to make a recommendation regarding the CPA request without a concept plan. NEW INFORMATION The latest submittal contains several significant changes to the CPA application: · Dominion Resources is no longer a part of the proj ect, reducing the employment use by half; · the existing Grand Piano road has been incorporated in the transportation network, as requested by the Commission; · access from Fifth Street Extended to the site is via the Bent Creek Road bridge exclusively; · retail square footage has increased by approximately 50%; · no residential use is included in the concept. (see Attachments A and B) A comparison of the original and current proj ect submittals is included below. Planned Land Uses Restaurants Banks Employment Retail Commercial Residential (townhouse, multi) Open Space and Parkland 2003 Estimated Density 12,000 - 18,000 SF 4000 - 8000 SF 10 - 12 acres 220,00 - 240,000 SF 60 - 100 units 12 - 15 acres 2004 Estimated Density 12,000 - 20,000 SF 4000 - 8000 SF 5 - 7 acres 360,000 - 380,000 SF o 12 - 15 acres In the revised application (April 1, 2004), the applicant suggests that because this site occupies a central location, it should become a town center for Urban Neighborhoods 4 and 5 - and this portion of the City - instead of attempting to reflect a full-range mixed-use project. This part of 1 /5 the urban area has seen extensive residential multi-family development, particularly student oriented apartments, creating a surplus of units. This unit type appears to be perhaps the most appropriate residential product for the project site, and the applicant maintains there is no market for it. At previous work sessions, the Commission has discussed the need and appropriateness of residential use on the site at some length. There has been agreement that if residential use were retained as a part of the project mix, the original proposed density of 60 - 100 units would be an appropriate range. Clear direction is needed on whether residential should be included on this site. An alternative to development of residential use by the applicant might be the provision of a small parcel of land for development of affordable housing by the County. REVIEW COMMENTS Water Resources: The Water Resources Manager agrees with the applicant's assessment of stream conditions as "somewhat degraded," citing incised stream channels, moderate streambank erosion and moderate to excessive sedimentation. Under the stream assessment data, both Biscuit Run and Moores Creek are assigned to the "Community Use/Trails" category, based on the existing and proposed recreational trail system in the area and the importance of these corridors for natural flood protection and natural resources. David Hirschman notes that the small tributary east of the Grand Piano warehouse is designated in the assessment as an "Urban Water Feature," a smaller, less valuable corridor that can be managed for open space, pocket park, and water features. (A water feature can be a wet detention pond.) This feature needs to be shown on the concept plan, along with proposed changes that will impact it. Water Resources suggests that the following factors be considered with this proposal: Stream buffers and floodplains: The proposed Bent Creek traffic circle is within or immediately adjacent to a stream buffer, 100-yr floodplain or both, and these features should be shown on the concept plan. David Hirschman cautions that major improvements (widening, etc.) to the Grand Piano access road adjacent to the creek probably would not be pennitted under the Water Protection Ordinance (WPO), suggesting however that the existing roadway could be incorporated into the road network with a low-intensity design that protects existing bluffs and riparian forest along the corridor. This low-impact approach is also more consistent with the stream assessment's "Community Use/Trails" designation. Small tributary east of existing warehouse: Although this stream is small, the slopes along its valley are severe. The stream crossing shown on the plan will be a major crossing/fill operation, and as noted above more information will be needed at the proper time during development reVIew. Stormwater/stream corridor concept plan: Ultimately, stormwater facilities should be kept out of stream valleys. A stormwater concept plan that shows a combination of "at-the-source" and "end-of-pipe" practices should be developed sometime during the review process. Required at the rezoning stage, this issue should be kept in mind at the CP A. In addition to meeting the minimum requirements of the WPO, the concept plan should also promote creative and innovative solutions such as stream restoration, stream buffer enhancement, and lor creative 2 /b . stonnwater solutions. The applicant's plan does concur with some of these ideas. Recommended CPA language should address these stormwater and environmental issues. (see Attachment C for complete text of comments) Engineering: Engineering staff expresses concern about the limitations of using the stream valley east of the existing warehouse for a stormwater management basin, and notes the inadvisability of using a dam for a public road crossing. Staff states that all major roads should be public, and requests that the applicant's commitment to build the connector road be clarified to avoid confusion. Staff offers recommendations on the nature and sensitivity of transportation improvements to the existing road and bridge, as well as to the Fifth Street Extended and Avon Street Extended intersections. (see Attachment D for complete text of comments) . Transportation Planner: Staff and VDOT met with the applicant in February 2004 to discuss revisions to the Transportation Impact Analysis (TIA). The applicant summarized the proposed revisions in a March 1, 2004 memorandum (see Attachment E), to which staff and VDOT agreed. The revised TIA information has not been submitted. Of particular concern to staff is the ability of the proposed transportation infrastructure to accommodate the additional retail square footage. The applicant has indicated the revised TIA will evaluate the Avon Street Extended/new connector road intersection as well as the capacity of the existing Bent Creek Bridge. Additional comments will be provided upon receipt and evaluation of the revised TIA. (see Attachment F) Fiscal Impact Planner: Staff anticipates receiving an updated analysis, incorporating new land use totals, and will distribute it to the Commission at that time. DISCUSSION . Throughout both the current review and the earlier Brass project review, both staff and the Commission have developed and affirmed certain conceptual guidelines for this site. The draft CPA language :from the original Brass review represents the closest thing to official policy recommendations with respect to this site (see Attachment G). In summary, these guidelines suggest that the site requires and deserves a development concept that respects significant (and identified) natural features, acknowledges the limited size and configuration of the developable area, contributes to the existing scale, character and content of the neighborhood, and preserves the opportunity for significant employment opportunities within an urban area where residents can easily access these jobs. There has been consistent support for the introduction of retail in an area where it is needed, including big box retail, provided it takes a form appropriately sized and configured for the site and area. As noted, the need for residential has been discussed and debated, with clear direction on this element still needed. With or without residential, the Coinmission has supported a mix of uses that produces an attractive, efficient and locally oriented infill development that includes smaller commercial and office as well as flexible space 3 /+ that can accommodate changing needs. Establishing a priority of uses within this mix may be helpful to achieving a concept that benefits both the applicant and the public good. The applicant suggests that because there has been so much recent residential development in Neighborhoods 4 and 5, the site should not be held to a strict interpretation of the mixed-use Neighborhood Model (NM) principle but instead should be allowed to function as the Town center for the larger area. A Regional Service designation is requested, and improvements including a connector road, greenway dedication, and stream restoration are offered in development of the site. Although the degree of adherence to Neighborhood Model principles is a matter for the Commission to decide, staff offers the following comments: 1. If the site is to function as a town center for the larger neighborhood, it should be designed as an attractive destination that provides a recognizable sense of place reflecting the neighborhood character, as well as a balanced mix of goods, services and employment. The submitted plan is a conventional shopping center that has no discernible center, spread throughout the site with parking the prominent feature from the proposed through road. Although the eastern portion of the site is identified as "Future Employment," the project justification does not commit to development of flex space or other jobs-intensive activity. In staffs view, the current concept does not meet Neighborhood Model mixed-use expectations nor is it an effective town center. 2. Although this site lies adjacent to Interstate 64, it does not have a 'main street' location like Route 29 North, which functions as the retail corridor for the region. If developed commercially, this tract could be a valuable source of goods and services, providing commercial balance and transportation efficiency for the southern urban area. However, patterning site development on large northern retail centers as the current application requests would create unacceptable land use, traffic, environmental, and visual impacts in this location. The proposed retail/commercial square footage (360,000 - 380,000 SF) is overly large for the site and makes it difficult to "mix in" other uses since if developed it would completely dominate the site. Staff emphasizes, however, that there are big box retail models of various sizes and configurations in use nationally and regionally that could exist compatibly with other kinds of uses on this site. Although the applicant has requested a Regional Service designation, in staff s view the site is appropriate for that level of commercial development only with careful evaluation of impacts and appropriate mitigation measures. A flexible, "customized" and slightly expanded Community ServiceIMixed Use designation may be the most appropriate designation, similar to the original Brass approach. 3. This site has valuable and interesting natural elements that should be incorporated into site development instead of sacrificed to it. Specifically, the forested ridge at the western edge of the property was identified as a valuable preservation tract in the first review, and staffhas continued to recommend that it be featured in the concept plan and not obliterated by the large footprint uses. (The Commission received information addressing the specimen trees in this area in the October 14 staff report, and the May 6 Water Resources Manager comments address the benefits preservation would have for Moores Creek.) Preserving this 5+/- acre tract will significantly influence the manner in 4 l<i . which the northern half of the town center area can be developed, and staff considers this to be a positive effect. Specifically, it appears likely that preserving this tract would require that development in this northern area be downsized in footprint and "stepped down" the grade toward the lower, flatter southern big box portion. In the need to accommodate these constraints, the town center might acquire not only a wider range of uses (many smaller) but a unique character that distinguishes it from other places, in physical and land use terms. Additionally, the preservation tract will positively impact Fifth Street Extended by providing a green, naturally landscaped view from the entrance corridor. 4. Staff commends the applicant on its willingness to incorporate the existing Grand Piano road into the site concept, and notes that this allows a rare opportunity: with the greenway below it along Moores Creek and the wooded ridge on the upper side, for a short but significant stretch this road becomes a true parkway. If the Commission agrees that a new sidewalk system can be routed along the town center road, through the commercial portion of the site, the parkway can be developed with minimal damage to the natural systems on either side of it by using a tight urban road section with curb only (no sidewalk). This can essentially be accomplished within the existing disturbed area, and the greenway is available just below for those who need or want to walk. . 5. The town center road, currently routed between large parking lots, needs to become a real Main Street, with structures pulled up to and along it, thus creating a streetscape that is pedestrian friendly and of human scale. As demonstrated by approved concepts on other sites, even large footprint retail can contribute to a streetscape through design elements that break up the façade, use massing to vary elevations, include small liner retail spaces, along with other techniques. Parking, now dominant, should be relegated to the greatest extent possible. Staff suggests, for the Commission's and applicant's consideration, that it would be desirable and functional to incorporate a third service-type road paralleling Main Street to the south, adjacent to the interstate. This road could be intended to accommodate delivery vehicles and it would provide a second route for those crossing the site who did not intend to stop and shop. 6. The employment center, identified on the Dittmar tract on Avon Street Extended, has a significant role in the future development of the site. Although its past as a landfill creates a variety of environmental and engineering challenges, it is the one part of the site that could be developed under by-right zoning, a shorter process. In staff s view, a phasing plan should be considered that ties development of the large scale commercial to other, complementary uses on the site. Staff envisions some kind of flexible space - possibly a series of smaller footprint structures - on the Avon Street Extended frontage, reflecting the scale and character of the existing corridor. There are many options for this land use on the site, but employment potential should be addressed as they materialize. (see Attachment H for summary of Light Industrial/Retail totals) . 5 /0 RECOMMENDATION As noted above, an updated traffic analysis is needed to evaluate impacts from the current proposal since traffic management is a major issue for this site that could affect the quantity of developed area on the site. That information is anticipated in the near future. Ideally, staff would prefer the opportunity to review a concept plan more consistent with Neighborhood Model expectations. However, the applicant has indicated its eagerness to proceed to public hearing. Therefore, although it would appear premature to draft specific language for the CPA, staff offers a series of general recommendations - with questions for consideration - as a reference for the Commission's in providing guidance to staff and the applicant. These recommendations include elements from the original Brass review, and also rely on recent Comprehensive Plan Amendments adopted for Albemarle Place and Rivanna Village. Environmental Protection A. A preservation tract of approximately 5 acres of elevated land shall be established at the western edge of Parcel 2B, immediately east ofthe Bent Creek Bridge. This area shall be left undisturbed as a visual buffer from Fifth Street Extended and count toward open space on the site. Existing vegetation, especially exemplary specimen or old growth trees 24" or larger DBH (Diameter Breast Height) shall be preserved on this tract, as well as the existing land contours and rock formations. This is considered to be a natural feature with significance to the site. B. The existing bluffs and riparian forest along the Grand Piano access road/Moores Creek corridor should be protected to minimize adverse impacts to the creek from major grading activity. Incorporating the existing elevated land in that area into the larger site with a low-intensity design can accomplish this protection. C. Crossing and/or filling of the small tributary to the east of the existing warehouse may require innovative water protection management measures. D. A greenway dedication along Biscuit Run and Moores Creek from the applicant to the County shall be made at the time of rezoning. This section oftrails shall be constructed by the applicant with development of the site (?). E. The existing vegetated buffer, especially trees of 6" DBH or greater, shall be preserved on the site adjacent to the 1-64 corridor. F. The County should work cooperatively with the applicant to develop the floodplain area northeast of the confluence of Biscuit Run and Moores Creek as public open space; a recreational use, such as public park or a multi-purpose field, may be appropriate for this area. G. Development of the site should incorporate principles of Low Impact Development including but not limited to green roofs, minimization of impervious area through site design emphasizing complementary uses and shared parking, and protection of critical resources existing on the site. Green rooftechnology may be an appropriate measure for managing stormwater on this site. Transportation H. The applicant has agreed to construct a connection from Avon Street Extended to Fifth Street Extended via the Bent Creek Road bridge, consisting of one or more new roads, as a part of site development. 6 )0 . . . 1. One of the new roads shall be designed as a "Main Street" traversing the town center in the more intensively developed western portion ofthe site. This road will incorporate pedestrian facilities, street trees, and other New Urbanist elements. A second new road intended for through or service traffic should be considered at the southern portion of the site. J. The applicant shall be responsible for improvements at the intersections of the connector road with Avon Street Extended and Fifth Street Extended. K. The intersection with the existing and new roads and the Bent Creek bridge shall be designed to avoid or minimize disturbance to the 100-year floodplain, stream buffer, and preservation tract located above and to the east of it. L. Construction of a pedestrian bridge shall be considered between the south side of Moores Creek and the Willoughby residential property, at the discretion of the applicant and the Willoughby residents. M. The existing access road to the Grand Piano warehouse will be incorporated into the road network on the site, but shall not become the primary connector. Improvements to this road shall primarily consist of bringing it to a "tight" urban standard with curbing, within the existing travelway and disturbed area. To avoid additional disturbance to this stream buffer, sidewalks will not be required on this road, with the parallel greenway along Moores Creek considered as a pedestrian alternative. Land Use N. The continuation of employment opportunities is significant and valuable in this location, particularly in the eastern portion ofthe site but also throughout the town center area. The existing Light Industrial zoning should be used to support and encourage development of flex space and/or other employment-oriented uses along Avon Street Extended. O. Timing of development on the site shall be coordinated to balance retail with employment-based and other land uses. P. Residential, live/work and/or small professional office uses area recommended along the bluff at the northern edge of the town center area, sited to minimize disturbance to the natural features described under Environmental Protection (above). Q. A town center concept shall be used in the site design of the eastern commercial area. This area is intended as a compact, high density area which mixes retail businesses, services, public facilities and civic spaces. Large footprint retail can be appropriate in the town center, provided it is consistent with Neighborhood Model principles, with emphasis on the following characteristics: oriented to major roads; designed, sized and massed with consideration for adjacent and nearby smaller uses in the Center and on the larger site; relegated parking to the greatest extent possible. R. In acknowledgment of the size ofthe developable area, as well as environmental and aesthetic considerations, a mid-sized big box model is recommended as a maximum for this site. Development of "super-sized" big boxes is not appropriate due to the site's relatively small developable area, high exposure to three Entrance Corridors, immersed location within older neighborhoods with established character and scale, and the need to mix uses and create a bona fide town center. Size and scale of regional retail complexes in the northern urban area is not appropriate in this location. 7 ;).1 Public Space and Public Facilities/Amenities S. Provision shall be made on the site for transit service and a park and ride facility. T. Affordable housing shall be included in site development. U. Site development proposals should develop at least 10% of the gross site acreage in amenities and 15% as green space. Public amenities can be paved areas, such as plazas, courtyards or patios, or landscaped areas such as parks or water features. The Preservation Tract shall count toward both amenity and green space percentages. ---------------------------------------------- Attachments: A - Applicant's justification B - Applicant's concept plan C - Water Resources Manager memorandum D - Engineering memorandum E - Applicant's transportation study letter F - Transportation Planner memorandum G - CPA 97-05 recommended language H - Comdial memorandum (summary of Light IndustriallRetail Use totals) 8 ~d- . . . ATTACHMENT C COUNTY OF ALBEMARLE DEPARTMENT OF WATER RESOURCES MEMORANDUM TO: Susan Thomas, Senior Planner FROM: David J. Hirschman, Water Resources Manager ÞIJ tt- DATE: May 11, 2004 SUBJECT: 5th Street! Avon Street Complex CPA The applicant sums up the conditions along Moores Creek and Biscuit Run quite well in the report, stating their intention to: promote preservation of open space buffers and the enhancement of a highly valued but somewhat degraded stream valley corridor (p. 9, CPA report). The coITidors along Moores Creek and Biscuit Run are valued for open space and urban refuge, flood conveyance, natural resources, and passive recreation. A design that respects and enhances these qualities should be promoted. A major issue to consider is the alignment of the 5th Street/Avon Street Connector Road, which is discussed later on in this memo. As the report states, conditions along these streams are "somewhat degraded." Several conclusions from the stream assessment data for this area are listed below: ."';. . Habitat Conditions: The stream assessment project rated the habitat condition of streams based on how each stream reach compares to an "ideal" reference stream for the Development Areas. The measure of "percent comparability" was used for this ranking, with 0% being the worst possible condition, and 100% being the best. For the streams on the subject property, percellt comparability ranged from a low of 44% for Biscuit Run to a high of 70% for the furthest downstream reach of Moores Creek within the project area. In general, habitat conditions are degraded by incised stream channels, moderate streambank erosion, and moderate to excessive streambed sedimentation. . Designated Uses: The stream assessment project assigned designated uses to each stream reach within the Development Areas based on natural and cultural values. Biscuit Run and Moores Creek were assigned to the "Community UseITrails" category, based largely on the existing and proposed recreational trail system in the area and the importance of these coITidors for natural flood protection and natural resources. Strategies identified for these coITidors include restoration, easements for access and maintenance, upstream stormwater controls, trail designation through plans and proffers, ~3 trail development, and sufficient buffer to provide for the desired setting (Stormwater Master Plan, p. 2-28). The small tributary that flows into Moores Creek from the south, just east of the Grand Warehouse, was designated as "Urban Water Feature," meaning a smaller, less valuable corridor that can be managed for open space, pocket parks, and water features. This stream is not shown on the concept plan. . Restoration Opportunities: The stream assessment identified 3 specific streambank erosion problem areas, 3 deficient stream buffers, and 3 dump sites along the stream corridors. These represent potential restoration projects. However, restoration feasibility is questionable at several of the sites. These projects, and others along the stream corridors, can be revisited as part of an overall stormwater and stream corridor master plan (see below). In addition to the stream assessment results, the following factors are important to consider with this proposal: 1. Stream Buffers & Flood Plains: The proposed traffic circle at the end of Bent Creek Road and some of the existing roadway that parallels Moores Creek to the Grand Warehouse is within or immediately adjacent a stream buffer, 100-year flood plain, or both. These features should be shown on the concept plan to better evaluate any impacts. The new FEMA study suggests that the 100-year flood elevation near the proposed traffic circle is approximately 379' and is approximately 378' along the existing roadway. The concept plan shows this roadway serving 'as the future "5th StreetJ Avon Street Connector," which also suggests that widening and improvements are proposed (a 70' right-of-way is proposed in the report). The selection of this route for the major connector road should be reconsidered. Having a major connector road partially in flood plain and with major impacts to the stream buffer is not sound from a public safety or environmental standpoint, and probably could not permitted by the Water Protection Ordinance (provided reasonable alternatives exist). The existing roadway could still be incorporated into the project with a low-intensity design that protects existing bluffs and riparian forest along the corridor, and that is more consistent with the "Community Userrrails" designation mentioned above. 2. Small Stream to the East of the Grand Warehouse: The small tributary to Moores Creek is not shown on the concept plan. The stream is small but the slopes along this valley are severe. The plan shows a stream crossing. At the proper time during development review, more information should be provided on this major crossing/fill operation. 3. Stormwater/Stream Corridor Concept Plan: Ultimately, stormwater facilities should be kept out of the stream valleys. A stormwater concept plan that shows a combination of "at-the-source" and "end-of- pipe" practices should be developed sometime during the review process. Perhaps this is most relevant at the rezoning stage, but should be kept in mind during the curreFlt review. The concept plan should demonstrate that the minimum requirements of the Water Protection Ordinance can be met, but should also promote creative and innovative solutions, including stream restoration, stream buffer enhancement, and/or creative stormwater solutions. The applicant's plan does concur with some of these ideas. Please let me lmow if you have any comments or questions about the information in this memo. /djh 2 d.4 . ~ CI) .... t: CI) (.) . .... en t: o > « ........ . .n ..s::: ·rr .- LL .... ca ~ CI) CI) ~ (.) en CI) ~ o o :E . III C 0 0- ..» .- - "C .- c= o.c E oEcu _CUCD CU c.. 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E .. ::s 'E:c >-Q) Q) m ~ EoðenO en ~ .... 0 Q)S:::U) en :t: .- Q)_o::: en .- ^ _ en m .... Q) « ~ ~ s::: s::: ° Q) Eo~m m·- s:::;::; Q) en Q) en ~ ° > ° .... ~ U)w.Eu .!!1 G>~ë'~~"C ø {;- to ~ m ~ ::)=gë~~~ "CCIJ~Þ.æ·õ .!:£c·§~c ~~iiEc:~Q. .!2I~g~~~5 JiHff": ~ ~ ë;j Q) u)0 ~8Mcid ci ~ ~ ~ ~ :; ~ .9 'sOÓQ)C.soo O^^>CI)0^^ .E m c c: o 0 jii üi o 0 ... ... w w o . - VI ~8 o ~ - ¡;: c CI) Q) c: > CI) c m 10 o c:i ..- c:i . ... ..... .. £ ! ::I ~ £XI m t « t d1- ATTACHMENT D COUNTY OF ALBEMARLE Department of Community Development, Current Development Group Engineering Plan Review . TO: FROM: DATE: RE: Susan Thomas, Planner Steve Snell, Engineer 27 May 2004 5th Street/Avon Street Mixed-Use, aka Brass Inc. Property, CP A amendment, CPA 2003-002 The CPA Amendment for stb Street/Avon Street Mixed-Use has been reviewed. The Engineering Department has the following conunents: As a whole the road layout with the proposed connector road is desirable. Several items should be addressed to make this more desirable. 1. The stonnwater management location is not shown. Most likely the basin will be located in the small stream valley south east of the proposed conunercia1 area. This valley also will have a public road crossing. The public road should not be used as a water retention dam. This roadway will experience extensive use and the public safety issues associated with roadways over dams should be avoided at this location. Also this stream valley's limits for storage will be dictated by the Route 64 culvert outlet located upstream of this valley. These issues may create difficulties for stonnwater management. 2. The roundabout shown at Bent Creek Road must respect the floodplain and stream buffer. Though challenging, an effective intersection solution that respects these features should be designed. The stream buffer and floodplain should be shown on the application. 3. The proposed connector road runs adjacent to the stream buffer and floodplain in many locations. To minimize the impact to these features I suggest we limit the roadway width between the two northernmost roundabouts on the Master Plan. This can be done by continuing the sidewalk along the central roadway, through the development, and having no sidewalk along the northernmost roadway north of the roundabouts. This will limit the impact to the streambuffer and floodplain while still allowing pedestrian traffic between 5th Street an Avon Street. These issues can be addressed with the ZMA. 4. All major roads should be public. This will include the 5th Street Connector, the roadway shown in the center of the conunercialarea and the southern most roadway in the conunercial area. It is suggested that the entrance on the connector road northeast of Building "K" be eliminated and the entrance southeast of Building <OK" use a roundabout. This will eliminate several conflict areas for left turns. These issues can be addressed with the ZMA. 5. Improvements for at the Avon Street intersection and 5th Street intersection should be proffered. Improvements to the Bent Creek Road Bridge may also be required. A revised Transportation Impact Analysis (TIA) is needed to determine what these requirements will be. 6. The actual construction of the 5th street/Avon Street connéctor road should be proffered with this CPA. This proffer: should include both right of way dedication and road construction on TMP 76M(1)2B, TMP 76M(1)-4A and TMP 77-11E. The CPA states in section XI. Conditions for Consideration of Reauest sununary item #5: "(5) The feasibility of constructing the replacement segment of a Southern Connector with the consolidate parcels;" This statement implies only a segment of the connector road will be built within the consolidated Jcg . . . parcels controlled by the applicant, New Era Properties, LLC (Brass, mc and Grand Piano parcels). The Dittmar property shows different ownership than the applicant (page 3 of the CPA). Section X. Summary item #8 continues by stating: "(8) The project will incorporate the necessary right of way for a viable alignment that will complete the much needed connector road between 5th Street and Avon Street." This implies only the right of way will be incorporated into the plan. Both the right of way and completion of the connector road must be conditioned with the CPA. If the connector road is not constructed with this plan the commercial area ceases to be a center and will rely more on the route 64 interchange than neighborhood traffic fÌ"om Avon Street. A proffer will eliminate any confusion about construction of the connector road. Please contact me if you have questions or require additional information. Copy: file 2454 ;¿q A TT ACHMENT e ,. y ''-I :.. . .... =- ..... ........ II" THE COX COMPANY Planners ' Landscape Architects Civil Engineers' Urban Designers RECEIVED MAR 0 3 2004 March 1, 2004 Memorandum of Understanding RESIDENCY OFFICE CHARLOTTESVILLE, VA To: Mr. Chuck Proctor Transportation Engineer Virginia Department of Transportation Charlottesville Residency Office Re: Mr. Juancliego Wade Transportation Planner County of Albemarle Michael 1. Fenner, AICP The Cox Company New Era Property's 5th Street/ Avon Street Comprehensive Plan Amendment/Zoning Map Amendment: Study Scope of Work for TIA Addendum From: With this memorandum, I would like to summarize our understanding of our agreed upon scope of work to be pursued with respect to the addendum of the Traffic Impact Analysis prepared for the 5th Street/Avon Street Connector in support of New Era Property's 5th Street/Avon Street Comprehensive Plan Amendment/Zoning Map Amendment. As we discussed in our meeting on February 6th, we agreed that the TIA should be updated to reflect the various changes in conditions . (relating both to project-specific and off-site conditions) that have resulted since the original study was completed in May of 2003. Our understanding of the agreed upon scope of work includes the following: · No traffic counts in addition to those taken for .the May 2003 study will be necessary for the addendum to the TIA; · The existing conditions analysis provided in the earlier TIA is acceptable for use in the revised study; · The "Background" and "Combined" conditions modeled in the addendum will use the existing traffic modeling as a basis for computation of traffic flows, but will be revised to reflect the new proposed alignment for the 5th Street/ Avon Street connector road. Two permutations will be tested: (1) no additional regional improvements, such as the "Southern Connector", and (2) the "Southern Connector" will be constructed south of 1-64 within the next six years, which as ----.- 434'295'7131 220 Eas"t High Street Charlottes'Iille.Vin:!inia 22902 30 . . . I '1 ......., . . ... ..... ....... II" Memorandum Re: New Era Property's 5th Street/ Avon Street Comprehensive Plan Amendment: Traffic Study Scope of Work To: Mssrs. Chuck Proctor and Juandiego Wade March I, 2004 Page 2 we understand, has been adopted by the County as a part of its 6-year road construction plan. Although we understand that no official, precise alignment of this planned new road has been adopted, we can make assumptions as to the future location of the road improvement for the sake of modeling "Background" and "Combined" traffic conditions for the addendum; · Site trip generation tables will be revised based upon updated uses presented in the revised master plan submitted in support of the CP A¡ · Removal of the previously proposed Dominion Power facility from the list of land uses included in the master plan. Revision of site specific land uses incorporated into the proposed master plan will include regional retail uses of approximately 360,000 square feet of gross leasable area (sfgla); · An updated level of service intersection analysis incorporating the alignment of the proposed 5th Street/Avon Street connector road to intersect 5th Street at the existing Bent Creek Road intersection (via the existing bridge configuration) will be provided¡ · Integration and analysis of the roundabouts planned for the 5th Street/ Avon Street connector road will be provided (Note: each of these will be located within the subject property at important internal project intersections); · The updated TIA will include a review and update, if necessary, of the 15% minimum pass-by reduction factor applied in the previous study to more accurately reflect VDOT -accepted methodology relative to their application; and · The TIA may include an allowance for site trip reduction based upon appropriate Traffic Demand Management (TDM) initiatives. Initiatives to be considered will include the proposed expansion of existing regional transit service system to the 5th Street corridor. We will look to VDOT and the County to provide guidance regarding acceptable reduction factors. 3/ . ~. ------ .. " ,.....1 . . .... ... ....'-. 11_ Memorandum Re: New Era Property's 5th Street/ Avon Street Comprehensive Plan Amendment: Traffic Study Scope of Work To: Mssrs. Chuck Proctor and Juandiego Wade March 1,2004 Page 3 This is our understanding of the agreed upon scope of work regarding the requested addendum to the 5th Street/Avon Street TlA. Please confirm by email, phone, or letter if this memo of understanding is inconsistent with your recollection of our discussions per our meeting on February 6th. If I do not hear from either of you by March 9th, I will assume that we are in agreement, and will move forward with the development of the addendum to the TIA at that time. I appreciate your assistance, and look forward working with you as we move ahead with the planning and review of this important project. Sincerely, IILtlPv~[ C~~1 ~ Michael L. Fenner Senior Associate Planner attachments: xc: Steve Blaine, LeClair Ryan mlf/ ajh 3.;G '- (1) ..... c: (1) () . ..... en 0 c: 0 ~ """- . .£: ·rr .- u. ..... ca ~ (1) (1) '- () fn (1) '- 0 0 :E . . '. "- co Q) >. o o .,.... £1 (/) co ..ê "õ. o 'tJ CO 0 Q) 0 a:: iî (/) ~ ~ «S - c: «S ë6 c -« Q.:¡; 'OW gu.. ¡¡:C6 ... c: «S 0 (1)"- >- "~ I > 00 0'" 'r"Q. o ~ ~ o L!) o o t/) Q) ..c (.) «S Q) 0:: "C C Q) C) Q) ..J o 33 A TT ACHMENT F COUNTY OF ALBEMARLE Department of Community Development Planning 40 I McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 TO: Susan Thomas, Senior Planner FROM: Juandiego R. Wade, Transportation Planner ~ REF: Comprehensive Plan Amendment - 5th Street! Avon Street Complex Date: May 26, 2004 I have reviewed the CPA application for 5th Street! Avon Street Complex with VDOT and we offer the following comments Staff and VDOT met with the applicant in February 2004 to discuss revisions to the Transportation Impact Analysis (TIA). Those revisions were summarized in a memo from the applicant dated March 1, 2004, which were agreed upon by staff and VDOT. Neither staff nor VDOT have received the revised TIA that should reflect the additional retail commercial and other significant changes to the application. Of particular concern to staff is the ability of the proposed transportation infrastructure to accommodate the additional retail square footage. As outlined in the March 1, 2004 letter, the revised TIA will evaluate the Avon Street Extended intersection with the Avon St/ Fifth Street Connector and the capacity of the existing Bent Creek Bridge. Staff will provide additional comments on the CPA when· the revised TIA has been submitted and reviewed. Please contact me if you have any questions or need additional infonnation. Cc: Steven Snell Chuck Proctor 34 . . . ~, "- G ATTACHMENT G '- Language to be added to Neighborhood Four Profile [Brass. Inc.1 page 59. Land Use Plan: The area located south of the Willoughby residential development and north of 1-64 between Fifth Street Extended and Avon Street Extended, accessed via Bent Creek Road, is designated for Community Service/Mixed Use development, as a retail, office/light industrial, and residential center within Neighborhood Four. Development of the site shall seek to continue the scale of and remain compatible with existing uses within the adjacent and nearby City and County neighborhoods. Fifth Street functions as a gateway to the Charlottesville-Albemarle community because of, in part, the access opportunity provided by the 1-64 interchange. The land uses along this road establish the first image and impression of both the larger urban area and this particular neighborhood to those who pass by or visit from other areas in the region. Because qf its location at the comer of two Entrance Corridors, and at the confluence of Biscuit Run and Moore's Creek, this. site is of high aesthetic and environmental sensitivity and importance. Land Use: . The site shall be developed as component areas that are distinct in function but connected by pedestrian, vehicular, and architectural features, and designed to provide a range of opportunities and services for residents, employees, shoppers, and the general public. A mixed use plan of development is required, incorporating retail and/or office/light industrial, and resident!al uses. Preservation Tract: approximately five acres of elevated land at the western edge of Parcel 2B, immediately east of the bridge and the "T" formed by the existing intersection of Bent Creek Road and the access roads leading north and south from it. This area shall be left undisturbed, and is intended to serve as a visual buffer between the commercial development on the site and .Fifth Street Extended, a designated Entrance Corridor. Existing vegetation, especially exemplary specimen or old growth trees, 24" or larger DBH (Diameter Breast Height), shall be preserved on this tract, as well as the existing land contourp and rock formations: Floodplain: a greenway shall be dedicated along Moore's Creek and Biscuit Run, and constructed as recommended in the Comprehensive Plan Greenway Plan. Pedestrian connections across Biscuit Run and Moore's Creek may also be constructed as appropriate. The large area of floodplain northeast of the confluence of Moore's Creek and Biscuit Run shall be dedicated as public open space, and may be appropriat~ for a recreational use such as a public park or multi-purpose field. Residential: approximately ten acres lying on the south side of and above the existing access road to"the Grand Piano warehouse, facing Moore's Creek and Willoughby to the north. This area is designated for Urban Density residential Revised 917/99 1 35 ---. ATTACHMENT I I "'--"" development (6 - 34 dwelling units per acre), with a minimum density of R-1 0 (10 dwelling units per acre). Town Center: the central, lower portion of the site, designated for Community Service scale commercial, office, ana light industrial uses (single use not to exceed 65,000 square feet). This area shall serve as a transitional buffer between residential and the large discount anchor uses on the site, and shall incorporate usable public open space and pedestrian access between the two other uses in its development plan. Reaional Service Uses: one anchor store is considered an appropriate Regionaf Service use for this site, generally located in the area adjacent to 1-64 and oriented to the public open space in the Town Center. Site Oesian: /~)Site design shall maintain a positive relationship with the su~unding community, " acknowledging the proximity of the Willoughby residential neighborhood and historic districts within the City of Charlottesville through the use of appropriate materials, architectural features, color, internal and extemallighting, and other design elements. · All facades of commercial buildings visible from a public road shall continue design elements found on the f~nt of the buildings. · Loading docks, trash collection facilities, outdoor storage and related facilities shall be incorporated into the design of building(s) so that they are not visible. · Areas of open space/recreation shall be provided for users on-site (residents, employees, shoppers, etc.) · Buildings should not appear monolithic; articulation (massing, architectural features, component structures) should be used to reduce the size, footprint, and presentation of large buildings; uninterrupted facades shall be avoided in the design of the principal structures by incorporating windows, recessed areas, projections, awnings, arcades and other features which vary the visual impact of the buildings; additional stories are preferred over single-floor expansion. . Roof design shall mitigate the visual impacts of the large scale structures and associated buildings, with special attention directed to visibility from areas of higher elevation. . Parking shall be internalized to the greatest extent possible, with parking areas distributed throughout the site in front of and behind the commercial structures, and trees and other landscaping material used tq minimize visual impact (parking orchard concept). Use of parking structures is encouraged. Revised 9/7/99 2 ~ 1'-- ATTAClIl\1ENT I .- -, . . Principles of environmentally responsible and energy efficient design will be incorporated to a significant extent in site development, for example: · Minimize impervious pavemen~: to minimize impervious pavement, any paved parking areas in excess of those spaces required by code, are to be composed of pervious surfaces, such as grass pavers or stabilized turf. · Energy efficient building: insulation, provision for day-lighting, and other energy.conscious elements should be incorporated into the design. · Minimize roof and foundations: to minimize roof and foundation areas, a minimum of 1/3 of the roof and foundation areas of the non-residential buildings are to be occupied by two-story (two floor), or greater, buildings. Other measures may also be considered to reduce overall disturbance and alteration of the site. ~ Master Plan: prior to re-zoning, a master plan for the entire property showing the layout, grading, character and scale of the project will be developed and submitted. This master plan shall include road design for all property on this site accessed by Bent Creek Road, and may provide separate access to the residential and non-residential portions of the site. If development of the site is phased, a minimum of 50 residential units will be developed in the first phase. ~ . . Space will be made available for a recycling center, not to be counted against square foot limits. Buildino Limitations: Because of the size of the site and its specific topographic and demographic conditions, the limits on allowable building square footage for the site will be altered from the nçmnal Community Service designation as follows: · Maximum total square footage of buildings for mixed retail (including outside display, sales and storage areas), office and research uses: 250,000 square feet. · There is no maximum limit on residential use in tþe designated residential and town center areas. · A single user may not occupy more than 160,000 square feet of building, including outside display, sales and storage area. . · To reduce the amount of site disturbance and impervious surface, the ground floor ("footprint") of the 160,000 square foot single user may not exceed 65,000 square feet. The building intended for the 160,000 square foot single user shall be designed so that each floor can function as an individual business, to be reusable by separate users in the future. Revised 9/7/99 3 5;f ~ I ATTACHMENT I J ..-... AooroDriate Uses: . Service stations· are not considered to be a compatible Community Service use for portions of this site east of Moore's Creek and Biscuit Run. Environmental Protection: . A publicly accessible greenway shall be constructed along Moore's Creek and Biscuit Run a~ recommended in the Land use Plan, Neighborhood Four. . Exemplary specimen or old growth trees, 24" or larger DBH, will be preserved throughout the site to the extent practicable during site development; particular care will be given to protection of existing stands of trees that provide screening from adjacent streets and highways, or screen one Use from another on-site. (Trees in the Preservation Tract shall be preserved as described above.) . To preserve and protect water quality, a vegetative buffer shall be maintained along Biscuit Run and Moore's Creek undisturbed by site development. . Because of the proximity of Biscuit Run and Moore's Creek, and the potential impacts resulting from a large amount of impervious cover, an on-site mitigation plan that exceeds standard BMP's, detention standards, and water quality standards shall be incorporated into the site design. . The plan of development shall include features to minimize impacts from impervious surfaces on water quality; parking areas, roads and other impervious areas shall meet only the reasonable needs of the proposed uses (see General Land Use Standards, p. 21). Construction of parking facilities within the floodplain is not considered appropriate due to water quality concerns; therefore, users of the greenway and other public recreation areas on the site shall utilize existing parking areas on site that have been appropriately designed and located for this dual use. ~ . Complementary use of parking facilities shall be incorporated in site design; placement and configuration of parking lots shall promóte sharing of parking. TransDortation: ~ . An alignment for the Alternative 'D' road (identified in the Southern Cities report) shall be reserved at the time of site design. The alignment must be acceptable to VDOT for use as a connector road, for eventual extension to Avon Street Extended. . Site development shall include access for pedestrian, bicycle, and transit users. A continuous walkway and travelway must be provided from Fifth Street to and throughout the site. . Rezoning of the property will be timed with any required road improvements, which may include, but are not necessarily limited to, one or all of the following: Revised 9/7/99 4 315 r ATTACHMENT I . . necessary improvements to Bent Creek Road; · Fifth Street northbound (a continuous right turn lane northbound on Fifth Street from 1-64 to Bent Cree~ Road); · improvements to the 1-64 eastbound off ramp and intersection with Fifth Street (signalization and double laning); · improvements to Fifth Street southbound, including extension of the left turn lane into Bent Creek Road. . f' ~ . Revised 9/7/99 5 ~q ATTACHMENT H DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT 401 MCINTIRE ROAD, ROOM 218 CHARLOTTESVILLE, VIRGINIA 22902-4596 MEMORANDUM TO: FROM: SUBJECT: DATE: Planning Commission Members Michael Barnes, Senior Planner Questions from Marcia Joseph per Comdial worksession March 9, 2004 Dear Commissioners; Marcia Joseph asked staffto provide answers to the following questions. 1. Bow many acres of land in the L-I zoning district currently exist in Albemarle County (including Albemarle Place and the Comdial site)? There are approximately 1,190 acres ofLl zoned land within the County. 1 2. Approximate locations for land currently within the L-I zoning district? Attachment A shows the relative locations of the Ll zoned properties in the Development Areas surrounding Charlottesville. 3. Bow many acres (approx.) are proposed for Industrial Service in the Land Use Plan? There are approximately 2260 acres designated Industrial Service in the Development Areas.2 Attachment B shows the areas that are designated for Industrial Service in Neighborhoods 1 and 2. 4. Bow many acres are currently in review are proposed for retail use There is no easy way to provide this answer except to provide the following examples of the retail square footage in proposals that have been recently approved or are under consideration within the past 2 years: · Albemarle Place (Approved): · Hollymead Town Center, Area A (Indefinitely deferred): · Hollymead Town Center, Area B (Approved): · Hollymead Town Center, Area C (Approved): · Hollymead Town Center, Area D (Approved): · North Pointe Town Center (Under Consideration): · Rivanna Village (Under Consideration): · 5th Street nder Consideration : 63'0,000 sq. ft. 350,000 sq. ft. 300,000 sq. ft. 275,000 sq. ft. 50,000 sq. ft. 588,000 sq. ft. 240,000 sq. ft. 360,000 s . ft. Total Retail Sq. Ft. 3,053,000 sq. ft. 1 This estimate is derived from the digitized zoning maps, which are still in draft form but nearing completion. The zoning maps are based on the County's digitized tax map parcel layer and therefore are not an exact indication of the amount of deeded acreage that is zoned LI. 2 This estimate is derived from the digitized Land Use Maps, which are still in draft form and have not under gone extensive review. 10 September 2, 2004 Mr. Lindsay G. Dorrier, Jr. Chairman of the Board of Supervisors Albemarle County 401 McIntire Rd. Charlottesville, V A 22902 Dear Mr. Chairman: Weare writing to encourage the county to preserve the unique character of Albemarle County as it considers the "Capshaw development" being planned south of town on Fifth Street Extended. It is our understanding that the original plan, which proposed restaurants and small retail and office space, is being considered for amendment. We recently retired from the Federal Government and selected Charlottesville for our retirement years in large part because of the presence of stimulating university life and activity side by side with the rural beauty of the area. Currently, we are considering buying property and a new home in the Mosby Mountain subdivision. The south-of-town location appeals to us, as does being somewhat removed from the big box developments increasingly popping up in other parts of the county. The initial plan for the Fifth Street development that we read about in newspapers sounded attractive because it featured restaurants and shops and seemed to have a neighborhood character. Now we read that amendments underway would alter just what we found attractive and would opt instead for more big box developments. The idea of more shops and restaurants in that part of town is appealing but not if you have to fight traffic to get to them. And not if, once you get there, you find stores, large and small, that are just branches and franchises of those you can find anywhere in the United States. Charlottesville and Albemarle County have unique attributes: UV A and its beautiful campus; the rich association with Jefferson and with early American history; the downtown mall; the beauty of the foothills. We believe these attributes are what attract people to the area and make them want to stay. Having lived in both Northern Virginia and Atlanta, we know first hand how development decisions, often justified on the basis of convenience for residents, can lead to transportation nightmares and destruction of the quality of the residents' neighborhoods. It might not happen immediately, but little by little the character of a place is changed forever by an accumulation of development decisions that give us less natural beauty and more of what is available everywhere else. We urge you not to base development decisions solely on the basis of tax base, but to find ways to preserve what is unique to Charlottesville/Albemarle County. Sincerely, /~"-\A.--<S:- ¡21t"{J{¿-- '&/¿'þ¿ vZ /'1 ~ ;?;-Y?"---- Janet Moore Wesley Moore 920 Stanley Drive Earlysville, VA 22936 The area located south of the Willoughby residential development and north of Interstate 64 between Fifth Street Extended and Avon Street Extended, accessed via Bent Creek Road, is designated for C9HlHlHaity SeFviee/Mlxed fReeional Service 1 Use development. It is intended to fulml a ''town center" role by providing a commercial and employment focal point within Neighborhoods Four and Five. Neiehborhood Model principles recoenize that this area. on a macro-level. is located in the center of existine residential neiehborhoods as well as planned future residential development areas. Neiehborhoods 4 and 5 comprise many of the characteristics of the Neiehborhood Model. with the exception that this area currentlv does not have a "commercial center". When developed, it should -provide primarilv retail and employment opportunities without precludinelHle in£9Fj)9Fatiag a flexihle range of uses that may include but is Me not limited to commercial, professional office/industrial/light industrial, residential, live/work, open space and parkland, public amenities and spaces appropriate for such a commercial center. Notwithstandine the Reeional Service desienation. £{;ompatibility with the scale and character of adjacent and nearby City and County neighborhoods -should be maintained. Because of its location between three entrance corridors, at the confluence of Biscuit Run and Moore's Creek, this site is of high aesthetic and environmental sensitivity and importance. Environmental Protection A. Several acres of elevated, wooded land located at the western edge of Tax Map 76M! Parcel2B, fronting the fonner Grand Piano and University Corporate Research Park access roads and extending north and south from the Bent Creek bridge along these roads contain woodland featuresaæ considered to be natural features with significance to both the site and area. These features should be preserved as a visual buffer from Fifth Street Extended aHd be emphasized in site design. Existing vegetation, especially exemplary specimen or old growth trees, should be preserved on this tract to the extent feasible. Rock fonnations sloping down to the existing roads should alse-be preserved to the extent feasible. These features should be preserved as a visual buffer from Fifth Street Extended and be emphasized in site design. B. Bluffs and riparian forest along the existing Grand Piano access roadIMoore's Creek conidor should be protected to minimize adverse impacts to the creek from major grading activity. Low-intensity design should be used to help accomplish this protection. C. To the greatest extent possible, streams and stream buffers should be retained and enhanced- in conjunction with the development of the property. Emphasis should be placed on natural stream channel improvements, such as landscape stabilization and bioengineering enhancements, to the degraded portions of the existing Moore's Creek tributary. Where streams are to be disturbed, -site development must assure that downstream properties and habitat are protected through implementation of measures for water quality and quantity. If crossing and/or filling of the small tributary to the east of the existing warehouse is essential to development of the parcel, innovative water protection management measures should be incorporated into the development. D. A green way -along Biscuit Run and Moore's Creek -as recommended in the Comprehensive Plan Greenway Plan should be established. Greenway trails should be constructed and dedicated at the time of site development. E. The existing vegetated buffer adjacent to the 1-64 corridor should be preserved and enhanced where feasible. In addition to its screening function, this green buffer is an important aesthetic and natural resource that contributes to the appearance of the corridor. F. The floodplain area northeast of the confluence of Biscuit Run and Moore's Creek should become public open space for a natural area or multi-purpose field or other low-impact outdoor use. G. Development of the property should incorporate principles of low impact development and sustainable design to support and enhance water protection efforts. Impervious area should be minimized through a site concept that emphasizes complementary uses, shared parking, and protection of critical resources. In particular, green roof technology should be considered as an appropriate and effective technology for managing stonnwater on this site. Transportation H. The City of Charlottesville, County of Albemarle, Virginia Department of Transportation, ª8ffected property owners, and interested stakeholders should work together to develop an integrated transportation system to serve the site. As a part of the integrated system, traffic signal timing and coordination should be improved and alternative transportation solutions such as Transportation Demand Management may be necessary. Phasing of development should take place so that transportation improvements are concurrent with transportation needs generated by the development. I. The integrated transportation system should include the necessary improvements, including roadway improyements, pedestrian and bicycle facilities and site design, to accommodate mass transportation in an area encompassing the following streets and intersections: (a) Fifth Street Extended and the Bent Creek Road (linked by a connector road); (b) Avon Street Extended and the connector road; (c) intersections with the connector road within the subject property; and (d) the connector road. J. Concurrent with development of the site, a connection from Fifth Street Extended to Avon Street Extended via the Bent Creek Bridge should be constructed (the Alternative 'D' recommended by the Southern Cities report). This connection may incorporate one or more new roads as well as the existing bridge and fonner Grand Piano warehouse access road. This connector road should not be regarded as a replacement or substitute for the Southern Connector and, as such, should be viewed as one element of the City/CountylVDOT regional transportation network. The road should be designed for speeds of 35 miles per hourless than 10 mph and provide improved inter-neighborhood access within the Southern Urban Development Areas. 2 K. The former warehouse access road should become a -parkway along Moore's Creek, but should not be designed as a maior thoroughfare not become the primary CORfl6ctor. The road need notshOl.:lld be improved with curbing, but should, to the extent feasible,-JHl&be confined mainly to the existing travelway and disturbed area. To avoid additional disturbance to this stream buffer, sidewalks should not be required on this road. The green way along Moore's Creek is recommended as a pedestrian alternative. L. One of the new roads on the site should- be designed as a main commercial street traversing the town center into this portion of the site. The road -should have curbing, sidewalks, -street trees, and other Neighborhood Model elements. To accommodate service traffic primarily, -a second new road segment should be considered at the southern portion of the site. M. The intersection of -existing and new roads with the Bent Creek Bridge should be designed to avoid or minimize disturbance to the lOO-year floodplain, stream buffer, and the preserved area located above and to the east of it. N. Where considered important to the Willoughby residents, construction of a pedestrian bridge should be considered between the south side of Moore's Creek and the Willoughby residential property. Land Use C).The CommuRity Service/Mixed Use laRd use designatioR for this area represents a commer-cial ar-ea which supports comml:lI'lity aRå Reighborhood needs and values. Uses should iRclude retail, offices and other areas of employment, residential needs (housiRg and/or goods åHd services), en\'iroRmental protection, and recreatioR. DevelopmeRt of this site may in';ol';e an expåHsioR of the customary buildiRg limitatioRs associated '.vith the ComrnuRity Service desigRation. M. Development within this area should achieve moderate to high levels of density inasmuch as (a) the existing and planned transtJ0rtation network, utility, and other tJublic infrastructure as the capacity to support such development and (b) there is no remaining undeveloped land of significant area within Neighborhoods 4 and 5 that can meet the Comprehensive Plan's Regional Service development criteria. The continuation of employment opportunities is significant and valuable in this location, particularly in the eastern portion of the site but also throughout the town center area. The existing Light Industrial use opportunities available under the current zoning mayshould be used to support and encourage development of flex space and/or other employment-oriented uses along Avon Street Extended. G,-O. Development on the site may should balance retail with employment- based uses and other land uses. R-:-P. Residential, live/work and/or small professional office uses are recommended along the bluff at the northern edge of the town center area. These uses should be sited to minimize disturbance to the natural features described under Environmental Protection (above). It may be appropriate for such uses to occur as ¡nfill oPtJortunities. after the commercial and retail uses have been established. &-:0. .'\ town cefltcr design should be a feature of the eastern western commercial area. The westernis commercial area is intended to be -a compact, 3 · . high density area which mixes retail businesses, services, public facilities and civic spaces. Large footprint retail of a regional nature may be appropriate in the western portion of the area.towR cÐater, if it is coasisteRt '.vith the Neighborhood Model priFlûiples. Specifically, the buildings should be oriented to major roads; designed, sized and massed with consideration for adjacent and nearby smaller uses in the Center and on the larger site; and parking should be relegated to the greatest extent possible. ::'¡':"R. The architecture, urban design and landscape treatment of the property should be carefully integrated to ensure that the visual interest, massing, scale and organization of the development contributes to the role of the site as a town center and commercial focal point for the Southern Urban Area. The town center area should--te provide a functional, attractive and distinct destination for shoppers, visitors, employees, and residents of the larger neighborhood with particular emphasis on pedestrian convenience. Architectural and landscape design guidelines should be prepared to address: a. The integration of building facades and rooflines; b. Architectural massing and form of individual buildings; c. Architectural materials and color; d. Design of parking areas; e. Designllandscape treatment of streets and interior travelways, pedestrian, bicycle and vehicular, including traffic calming; f. Buffers and screening in areas impacted by critical sight lines; g. Enhancements to preservation areas and open spaces and improvements to planned public civic and greenway areas; h. Street lighting, signage and hardscape features; 1. Recreational and civic improvements. In acknowledgment of the size of the developable area, as well as environmental and aesthetic considerations, a mid-sized ::big box~ model is recommended for this site. Development of "super-sized" big boxes is not appropriate due to the site's relatively small developable area, high exposure to three Entrance Corrìdors, immersed location within older neighborhoods with established character ànd scale, and the Ðeed-desire to mix and balance uses on the site and create a bona fide town center. As a base guideline for maximum buildin~ footprints. (excludin. outdoor stora.e. display. aWnin!Œ~etc.) the largest single big box footprint should not exceed 150,000 square feet. Buildin s of increased footprint may be considered, subiect to demonstration by the applicant that the environmental impact of such increased footprint can be offset by (a) design that is sensitiye to architectural massin~ and quality, (b) buildin~ that complements the settin: of the larger proiect, ( c) parking and traffic accommodation that complements buildin form, pedestrian access, and building siting, (d) environmental desig;; that enhances existing natural conditions within areas to be conserved, and (e) a commitment to a proiect phasing plan that ensures that a mix of retail uses of varying size and scale wilI be developed concomitantly with the expanded big box use. 4 · . **S. Th€! size and scale of regiOl.'1al retail complexes in the northern urban. area ("suDer sized" big boxes, such as the existing Lowe's StOf'0 OR Route 29 NortR) is n.ot appr-opriate iR tRis location. THe largest single "big box" footprin.t sRould not exceed 130,000 square feet iReluding outdoor display, sales and storage areas (approximately the size of tHe existing Wal Mart on Route 29 North), and developmeRt OR the site should be limited to ORe use then:! should not be mor'8 than ORe I:lser on the site ':lhos€! square footage exceeds_100,000 square fect. THere is RO limit OR uses of less tHaR 100,000 square feet, except as described in V below. ¥:- T. Maximum total square footage of big-box structures. buildin.gs iRtended for large footprint, mixed use retail (including outside display, sales and storage areaS.11 is ~350,000 square feet. If the big-box large footprint structures are developed in a two-story or greater configuration, this limitation may be adjusted upward. W:-U. Preference may-wtll be given to rezoning proposals that maximize the range and mixture of uses, along with a phasing plan that assures a mixture of uses and addresses all parts of the site during the development of the project. Public Space and Public Facilities/Amenities X. Provision should be made on the site for transit service and a park and ride facility. Y. Provision of affordable hOUSÌFlg is ROt essential on tHis site as nearby neighborhoods provide different housing opportunities. YZ. At least -10% of the gross site acreage should be devoted to amenities and 15% should be preserved or created as green space. Public amenities can be paved areas, such as plazas, courtyards or patios, landscaped areas such as parks or water features and/or natural areas left largely in their undisturbed state. Preserved areas should -count toward both amenity and green space percentages. 5 g ~ ~ . :a :;¡, ë ~ ~'õ': =' " Q.,,, u '#. L.o.!:! 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'" .- "¡ '" .. ·ë f .. ... 5~ 5 § o u u, ",,-;:¡ .5 Õ ~S ~~ J¡~ .." C :.~ ~ .~ c: " t~ ~ ~gi c.;:.9 0 ....0 2F ~ -",.. <: -¡; .~ ë 5 8 "" c '2 o c.. c.. = '" .,¡, .:¡ = o -'" ~ ~ .,¡, ·ã = o ~ .. ~ 1::- .. ." '" 8 :a .. .. "';::¡ ... .. .s o z ¡.... LJ..¡ U; ~ ,¿ . W ~, <'Ç o ~! "- CD ('. ! ~, ! <~ Q W ~ W o w a: ~ ~ ~ I 1Ii «I :-2 ..s II) ~ Q) Õ åi 1ü o :it E CD .= «I ~ Q) ~ 31 . " A TT ACHMENT B The area located south of the Willoughby residential development and north of Interstate 64 between Fifth Street Extended and Avon Street Extended, accessed via Bent Creek Road, is designated for C~ty Re2i6ual Service/Mixed Use development. It is intended to fulfill a "town center" role by prov~ commercial and employment focal point within Neighborhoods Four and Five. "'ben developed, it sbould provide retail and emplo)'ment opportunities while incorporating a flexibleNeiehborhood Model principles recoenize that this area. on a macro-level. is located in the center of existine residential neiehborhoods as well as planned future residential development areas. Neiehborhoods 4 and 5 comprise many of the characteristics of the Neiehborhood Model. with the exception that this area currently does not have a "commercial center". When developed. it should provide primarilv retail and emplovment opportunities without precJudine a range of uses that may include but aÆis not limited to commercial, professional office/industrialllight industrial, residential, live/work, open space and parkland, public amenities and spaces appropriate for such a commercial center. CompatibilityNotwithstandine the Reeional Service desienation. comlJatibilitv with the scale and character of adjacent and nearby City and County neighborhoods should be maintained. Because of its location between three entrance corridors, at the confluence of Biscuit Run and Moore's Creek, this site is of high aesthetic and environmental sensitivity and importance. . ~ ~ Environmental Protection f ~ A. Several acres of elevated, 'wooded land located at the estern edge of Tax Map 76M! Parcel2B, fronting the fonner Grand Piano and, niversity Corporate Research Park access roads and extending north and south from the Bent Creek bridge along these roads afe-Contain woodland features considered to be natural features with significance to both the site and area. These features should be preserved as a visual buffer from Fifth Street Extended and be emphasized in site design. Existing vegetation, especiaHy exemplary specimen or old growth trees, should be preserved on this tract to the extent feasible. Rock fonnations sloping J. .., . down to th exist!~ro~~sàPuld alse-be preservedo- to the extent feasible. ThOte "'~~ features , )'l1n'é:<;~fVèð~s a visual buffer from Fifth Street Extended and be emphasized in site desi gn . B. Bluffs and riparian forest along the existing Grand Piano access roadIMoore's Creek corridor should be protected to minimize adverse impacts to the creek from major grading activity. Low-intensity design should be used to help accomplish this protection. C. To the greatest extent possible, streams and stream buffers should be retained and enhanced in conjunction with the development of the property. Emphasis should be placed on natural stream channel improvements, such as landscape stabilization and bioengineering enhancements, to the degraded portions of the existing Moore's Creek tributary. Where streams are to be disturbed, site development must assure that downstream properties and habitat are protected . added to Staff Recommended Lan ua e with the Neiehborhood Four Profile. paee ". Lanu lJ e naB. . . ~;;~ 'Y o'1<T o through implementation of measures for water quality and quantity. If crossing and/or filling of the small tributary to the east of the existing warehouse is essential to development of the parcel, innoyative water protection management measures should be incorporated into the development. D. A green way along Biscuit Run and Moore's Creek as recommended in the Comprehensiye Plan Greenway Plan should be established. Greenway trails should be constructed and dedicated at the time of site development. E. The existing vegetated buffer adjacent to the 1-64 corridor should be preserved and enhanced where feasible. In addition to its screening function, this green buffer is an important aesthetic and natural resource that contributes to the appearance of the corridor. F. The floodplain area northeast of the confluence of Biscuit Run and Moore's Creek should become public open space for a natural area or multi-purpose field or other low-impact outdoor use. G. Development of the property should incorporate principles of low impact development and sustainable design to support and enhance water protection efforts. Impervious area should be minimized through a site concept that emphasizes complementary uses, shared parking, and protection of critical resources. In particular, green roof technology should be considered as an appropriate and effective technology for managing stormwater on this site. Transportation H. The City of Charlottesville, County of Albemarle, Virginia Department of Transportation, affected property owners, and interested stakeholders should work together to develop an integrated transportation system to serve the site. As a part of the integrated system, traffic signal timing and coordination should be improved and alternative transportation solutions such as Transportation Demand Management may be necessary. Phasing of development should take place so that transportation improyements are concurrent with transportation needs generated by the development. I. The integrated transportation system should include the necessary improyements, including roadway improyements, pedestrian and bicycle facilities and site design, to accommodate mass transportation in an area encompassing the following streets and intersections: (a) Fifth Street Extended and the Bent Creek Road (linked by a connector road); (b) Avon Street Extended and the connector road; (c) intersections with the connector road within the subject property; and (d) the connector road. J. Concurrent with development of the site, a connection from Fifth Street Extended to Avon Street Extended via the Bent Creek Bridge should be constructed (the Alternative 'D' recommended by the Southern Cities report). This connection may incorporate one or more new roads as well as the existing bridge and former Grand Piano warehouse access road. This connector road should not be regarded as a replacement or substitute for the Southern Connector and, as such, should be viewed as one element of the City/County/VDOT regional transportation network. The road should be designed for speeds of 35 miles per hour and provide 2 /D , ~ . improved inter-neighborhood access within the Southern Urban Deyelopment Areas. K. The fonner warehouse access road should become a -parkway along Moore's Creek, but should not become the primary conncctor.be designed as a major thoroughfare. The road shouldneed not be improved with curbing...aOO, but should. to the extent feasible. be confined mainly to the existing travel way and disturbed area. To avoid additional disturbance to this stream buffer, sidewalks should not be required on this road. The greenway along Moore's Creek is recommended as a pedestrian alternative. L. One of the new roads on the site should -be designed as a main commercial street traversing the town center into this portion of the site. The road -should have curbing, sidewalks, -street trees, and other Neighborhood Model elements. To accommodate service traffic primarily, -a second new road segment should be considered at the southern portion of the site. M. The intersection of -existing and new roads with the Bent Creek Bridge should be designed to avoid or minimize disturbance to the lOO-year floodplain, stream buffer, and the preserved area located above and to the east of it. N. Where considered important to the Willoughby residents, construction of a pedestrian bridge should be considered between the south side of Moore's Creek and the Willoughby residential property. . Land Use O. The Community ServicelMixed Use land use designation for this area represents u commercial area '.'.'hich supports community and neighborhood needs and values. Uses should include retail, offices and other areas of employment, residential needs (housing and/or goods and services), environmental protection, and recreation. Development of this site may involve an expansion of the customary building limitatiOfiS associated with the Community Service designation. O. Development within this area should achieve moderate to high levels of density inasmuch as (a) the existing and planned transp011ation network, utility, and other public infrastructure as the capacity to support such development and (b) there is no remaining undeveloped land of significant area within Neighborhoods 4 and 5 that can meet the Comprehensive Plan's Regional Service development criteria. The continuation of employment opportunities is significant and yaluable in this location, particularly in the eastern portion of the site but also throughout the town center area. The existing Light Industrial use opportunities available under the current zoning should may be used to support and encourage development of flex space and/or other employment-oriented uses along Avon Street Extended. (};O. Development on the site should may balance retail with employment- based uses and other land uses. R-:-P. Residential, live/work and/or small professional office uses are recommended along the bluff at the northern edge of the town center area. These uses should be sited to minimize disturbance to the natural features described under Enyironmental Protection (above). It may be appropliate for such uses to occur as infill opp011unities, after the commercial and retail uses have been established. . 3 1/ &0. ,Ai. to\'1n center desi;n should be a feature of the The western commercial area. This area is intended to be -a compact, high density area which mixes retail businesses, services, public facilities and civic spaces. Large footprint retail of a regional nature may be appropriate in the town ceFlter, if it is consistent with the Neighborhood Model principles. western portion of the area. Specifically, the buildings should be oriented to major roads; designed, sized and massed with consideration for adjacent and nearby smaller uses in the Center and on the larger site; and parking should be relegated to the greatest extent possible. +,-R. The architecture, urban design and landscape treatment of the property should be carefully integrated to ensure that the visual interest, massing, scale and organization of the development contributes to the role of the site as a town center and commercial focal point for the Southern Urban Area. The town center area should provide a functional, attractive and distinct destination for shoppers, visitors, employees, and residents of the larger neighborhood with particular emphasis on pedestrian convenience. Architectural and landscape design guidelines should be prepared to address: a. The integration of building facades and rooflines; b. Architectural massing and form of individual buildings; c. Architectural materials and color; d. Design of parking areas; e. Design/landscape treatment of streets and interior travel ways , pedestrian, bicycle and vehicular, including traffic calming; f. Buffers and screening in areas impacted by critical sight lines; g. Enhancements to preservation areas and open spaces and improvements to planned public civic and greenway areas; h. Street lighting, signage and hardscape features; 1. Recreational and civic improvements. In acknowledgment of the size of the developable area, as well as environmental and aesthetic considerations, a mid-sized big box model is recommended for this site. Development of "super-sized" big boxes is not appropriate due to the site's relatively small developable area, high exposure to three Entrance Corridors, immersed location within older neighborhoods with established character and scale, and the desire to mix and balance uses on the site and create a bona fide town center. TRe :;ize aad seale of regÌ()flal retail oomplexes inAs a base guideline for maximum bui1~ing footprints, (excluding outdoor storage, display, awnings, etc.) the north em urbaa area ("super sized" big boxes, sucR as the existing Lowe's :;Wre OR RCIHte 29 North) is Rot afJpropriate iR thiG looaÜoR. The largest single big box footprint should not exceed -l-W150,OOO square feet inc1udiRg outdoor display, sales aRd storage areas (approximately the size oftJ:¡e existÍl'lg ¥,Tal Malt OR R01:lte 29 North), aFld development 01'1 the site should be limited to one use whose sEuare footage exceeds 100,000 sql:lare feet. There is no limit OR uses of less thafl 100,000 square feet, except as deseribed iR V below. Buildings of increased footprint may be considered, subiect to demonstration by the applicant that the environmental impact of such increased footprint can be offset bv (a) design that is sensitive to architectural massinf2: and quality, (b) building that complements the setting of the larger proiect. (c) parking and traffic accommodation that complements building form. pedestrian access, and buildinf2: siting. (d) environmental design that enhances existing 4 /~ . .. . . . natural conditions within areas to be conserved, and (e) a commitment to a proiect \L~ phasing plan that ensures that a mix of retail uses of varying size and scale will be ./ 1f" developed concomitantly with the expanded big box use. y t ., ~ ~ T. Maximum total square footage of big-box structures, including outside t¡A,¿ display, sales and storage areas, is ~350,OOO square feet. If the big-box ~~ \ structures are developed in a two-story or greater configuration, this limitation . ~,)1) ~ may be adjusted upward. n (' '\ -{ .~ tp ~U. Preference ,,yil~òe given to rezoning proposals that maximize the 4 range and mixture of uses, along with a phasing plan that assures a mixture of I\. C. uses and addresses all parts of the site during the development of the project. Public Space and Public Facilities! Amenities X. Provision should be made on the site for transit service and a park and ride facility. y. At least -10% of the gross site acreage should be devoted to amenities and 15% should be preserved or created as green space. Public amenities can be paved areas, such as plazas, courtyards or patios, landscaped areas such as parks or water features and/or natural areas left largely in their undisturbed state. Preserved areas should count toward both amenity and green space percentages. 5 /3 ATTACHMENT C· ~ C I T Y 0 FC H A R LOT T E S V ILL E "A World Class City" City Hall. P.O. Box 911 Charlottesville, Virginia 22902 Telephone (434) 970-3182 Fax (434) 970-3359 www.charlottesville.org Department of Neighborhood Development Services · TO: FROM: DATE: RE: Juan Wade, Transportation Planner (County of Albemarle) Kristi Byrne, Assistant Traffic Engineer September 1, 2004 Fifth Street/Avon Street Complex TIA (REVISED Comments) We have reviewed the Traffic Impact Analysis, and have the following questions/concerns: · The assumed route through Elliot Avenue is unacceptable to the City, Elliot Avenue is a neighborhood street. Please keep the route to A vonIMonticello A ve/I-64, and include the signals at Avon St/Monticello Ave, Monticello Ave/Carlton Rd, and reanalyze Elliot/Monticello Ave. · Please indicate that this analysis considered the pending/approved adjacent City developments including, but not limited to: Rock Creek on Old Ridge, Baylor Rd. development, Roy's Place, Johnson Village on Cleveland, Willoughby Townes, Willoughby Place, Fifth & Cherry, Moore's Creek on Palatine. · We would like to see the phasing plan of the development and corresponding traffic mitigation plan that will be implemented and complete before each phase of development. · Please make note to compensate the City for any adjustments that the City will have to make to our signals/infrastructure to accommodate this development beyond what is covered in a mitigation plan, including necessary signal coordination. · Can developer's traffic engineer assure us that the existing turn lane lengths will accommodate the proposed queuing needs? · The developer should maintain the Level of Service of a no-build situation, if not better, for all City signals impacted by this development. · We would like confirmation that VDOT's review of this TIA includes an assessment of the City network (in addition to the County's) on behalf of regional traffic. · We are concened with access to adjacent property owners after improvements are made to the 5th St & Bent Creek Rd intersection. 14- David P. Bowerman Rio COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Kenneth C. Boyd Rivanna Lindsay G. Dorrier, Jr. Scottsville September 16, 2004 Mr. Victor F. Stone, Jr. 128-11 Turtle Creek Road Charlottesville, Virginia 22901 Dear Mr. Stone: At the Board of Supervisors meeting held on September 8, 2004, the Board appointed you as a member of the Community Mobility Committee. This term will expire on January 12, 2007. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, /t~ ~~~fl Lindsa! G. Domer, Jr. Chairman LGD, Jr./len cc: Harrison Rue James L. Camblos Larry Davis * Printed on recycled paper Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall \. Ella Carey From: Sent: To: Subject: Victor Stone [officecar1 @yahoo.com] Wednesday, July 14, 20042:45 PM ecarey@albemarle.org Application to CMC of MPO 128-11 Turtle Creek Road Charlottesville, VA 22901 July 14, 2004 vfs2n@alumni.virginia.edu Ella Carey Clerk, Board of Supervisors Albemarle County 401 McIntire Road Charlottesville, VA 22902-4596 Dear Ms. Carey: This is a follow-up to my application for the Community Mobility Committee (CMC) of the Metropolitan Planning Organization (MPO). I have had a bit of difficulty with the web page with the information form being submitted successfully, so I have attempted to reproduce it below. Please contact me at the above email address or at 434-977-8117 if I can provide any more information. Thank you. Sincerely, Victor F. Stone, Jr. «< enclosure »> (* indicates a REQUIRED field) *Board/ Commission/ Committee: Please enter name of Board/ Commission/ Committee if not found on the list above: Metropolitan Planning Organization, Community Mobility Committee *Applicant: First Name: Victor Last Name: Stone *Home Phone: 703-938-3459 Email Address: vfs2n@alumni.virginia.edu *Full Home Address: 128-11 Turtle Creek Rd. City: Charlottesville State: Virginia Zip Code: 22901 *Magisterial District in which your home residence is located: Rio ---------------------------------------------------- ---------------------------- *Employment Status: Employed Primary Employer: Tutoring Phone: 434-293-8540 Business Address: P.O. Box 1551 City: Charlottesville 1 \ State: Virginia Zip Code: 22901 Occupation/Title: tutor Date of Employment: 11/1999 -------------------------------------------------------------------------------- *Years Resident in Albemarle County: 09 Spouse's Name: Rebecca Previous Residence: Ithaca, NY Number of Children: 0 -------------------------------------------------------------------------------- *Education (Degrees and Graduation Dates) : (Separate lines or paragraphs with semicolons ; to improve readability) B.S., Chemical Engineering, Cornell University, 5/95; B.A., Chemistry, Cornell Unviersity, 5/95; M.S., Chemical Engineering, University of Virginia, 5/98 *Memberships in Fraternal, Business, Church and/or Social Groups: (Separate lines or paragraphs with semicolons ; to improve readability) Member, American Institute of Chemical Engineers; Member & National Directior, National Railway Historical Society, Rivanna Chapter; *Public, Civic and Charitable Office and/or Other Activities or Interests: (Separate lines or paragraphs with semicolons ; to improve readability) National Directior, National Railway Historical Society, Rivanna Chapter *Reason (s) for Wishing to Serve on this Board/ Commission/ Committee: (Separate lines or paragraphs with semicolons ; to improve readability) Interested in transportation & associated planning. Have worked with MPO and have been recommended by previous representative in this position. Some experience in transportation planning & implementation. Do you Yahoo!? Yahoo! Mail Address AutoComplete - You start. We finish. http://promotions.yahoo.com/new_mail 2 David P. Bowerman Rio COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Kenneth C. Boyd Rivanna Lindsay G. Dorrier, Jr. Scottsville September 16, 2004 Ms. Robin Mellen 2275 White Hall Road Crazet, Virginia 22932 Dear Ms. Mellen: At the Board of Supervisors meeting held on September 8, 2004, the Board appointed you as a member of the Agricultural & Forestal District Advisory Committee. This appointment is to replace a member who had resigned, and the term has no fixed expiration date. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, ~ 1twJ!l Lindsaý G. Domer, Jr. Chairman LGD, Jr.flen cc: Scott Clark James L. Camblos Lany Davis &) Printed on recycled paper Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall David P Bowerman Rio Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Lindsay G. Dorrier, Jr. Seattsville September 16, 2004 Mr. Raymond E. East 3340 Rosedell Lane Charlottesville, Virginia 22903 Dear Mr. East: At the Board of Supervisors meeting held on September 8, 2004, the Board reappointed you as a member of the JAUNT Board. This new term will expire on September 30, 2007. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. Sincerely, Á d1 ;trvw- ~ &âsay G. Domer, Jr. Chairman LGD, Jr./len cc: Donna Shaunesey James L. Camblos Larry Davis (j Printed on recycled paper Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel MìHer David C. Wyant White Hall Sep.22. 2004 12:48PM No.4057 p, 2/4 W. Tayloe Murphy, Jr. Secl'etal"j! of Natwul Reso¡/.rces COMMONWEALTH of VIRGINIA Depa.rtment of Historic Resource~ 2801 Kensington Avenue, Richmond, Virginia. 23221 I{athleen S. Kílpatrick DirectQr August 31, 2004 Tel: (804) 367-2323 Fax: (804.) 367·Z391 TDD: (804) 367-2386 www.<llir.state.va.U6 Ms Science Kilner US Department of Homeland Security Federal Emergency Management Agency One Independent Mall, Sixth Floor 615 Chestnut Street Philadelphia, Permsylvania 19106-4404 Re: Interoperable Communications Equipment Grant-Cìty of Charlottesville Albemarle COlmty . DHRFile # 2001-1513 Dear Ms Kilner: We have received YOUt request for our review and conunent regarding the above referenced projects. It is our Wlderstanding that the Federal Emergency Management Agency (FEMA) proposes to fund through its Interoperable Communications Equipment Grant improvements and expansion of six existing emergency communications systems operated by the City of Charlottesville. The name and description of each project as presented by FEMA are summarized below. Also included are our comments. Peter'~ M0l111t::\iv (Radio Station ami Antennae #?l1hS)' Build a 250-foot communications tower with a small adjacent support building. In October 2002, the Department of Historic Resources (DHR), the Federal Communications Commission (FCC), and the Charlottesville-University of Virginia-Albemarle County Emergency Communications Center (Emergency Center) concluded a Memorandum of Agreement (MOA) for a 105-foot multi-jurisdictional emergency coromunications tower at Peter's MOlUltain. The MOA was necessary due to the location of the tower site in the Southwest Mountains Historic District, a resource listed in the National Register of Historic Places. At the time, there was substantial opposition to the construction of the tower ill the historic district from many local residents and the Piedmont Environmental Council (PEe). One of the stipulations of the MOA, which the Emergency Center agreed to, Was that lithe top of the antenna pole shall not AdministrativeServiœs 10 COlll,tbouse Aveuue Petexcsburg, VA JZa1303 Tel: (80.1) 86S-l6U Fro.:: (804) 662-6:196 C"p~t:dR~ston O.&'lCI.' 2801 Ken$ingtonAve. Richmond, VAZ3221 Tel; (804) 367-JZaZ8 Fax: (804) 367-2391 PoI't$mouth Region Office 612 CÖ~)'t Stnet. a'~ Flool' POl1:s1110Utb, VA. 28'104 Tel; (767) ¡¡96-6707 Fu: (757) a9~6712 R(8))olreResto)), Office lOaOPeuuw: Ave.,SE 'Roanoke, VA 24018 Tel: (640) 867-7586 Fa;>;: (640) 81)7-7688 Wincheswr Region Office 107 N. Kent Street, Suite 2Q3 Winchester, VA .22601 Tel: (64.0) 722-3427 Fax: (540) 722-7635 'Sep,22, 2004 12:48PM PIEDMONT ENVIRONMENTAL No, 4057 P, 3/ L Page 2 August 31 ~ 2004 Ms Science Kilner exceed 105 feet above the grOlUld level.I' We are troubled that less than two years after signing the MOA the Emergency Center now proposes to more than double the height of the tower, According to your letter of August 2, 2004, FEMA plans to consult separately with DHR regarding the Peter's Mountain tower expansion. We recollll1lend that FEMA include PEe as a consulting party pursuant to 36 CFR 800.2(c)(6) as this lll1dertaking will likely result in the need to amend the existing MOA. It will also be necessary to notify FCC and clarify FEMA's lead federal agency status for this lU1dertaking. álhemarle Cmmty EroetgenGY (;omm1micHtion~ rp.nter: Build a tower within an already improved facility. A search of our survey files and site maps ìndicate that there are two arclútectural resources listed in the National Register in proximity to the proposed tower site. These two historic properties are Birdwood (DHR Survey No. 002-0003) and Ednam (DHR Survey No. 002-0560). Birdwood appears to be less than 1.000 feet ÍÌ'om the planned tower 10c<1.tÍon wlùle Ednam is only slightly farther away. Two other properties, Kenridge (DHR Survey No. 002-0919) and Boxwood (DHR Survey No. 002-0924), are <1.lso close to the Emergency Corrununications Center and may be potentially eligible for listing in the National Register, however, Oill slUVey material for them is outdated and additional infonnation is necessary before a detemúnation of eligibility is possible. Please continue to consult with DHR regarding the potential oftms undertaking to affect Birdwood and Ednam. Additionally, FBMA will need to provide DHR with additional Ìl1fonnation on Kenridge and Boxwood in order to detennine if they are eligible for the National Register. T Jnh{p.To;¡ity ofViTgini::! (Klochner ~tHninro); ModifY an existing light pole to attach communic<1.tìons equipment. The topographical map included in your submission shows (incorrectly?) the location of this lUldertaking as being in the Center of The Lawn within the University of Virginia Historic District, a resource listed in the National Register and designated by the National Park Service <1.S a National Historic Landmark (NHL), the federal govermnent's highest recognition for an historic property. Please Clarify the location of the proposed modifications by submitting a new topograplùcal map showing the correct project site. Buck Elhow MIl)1t1ta1n: Modify an existing tower to attach communications equipment. As search of our archive files and site maps indicate that tlús proposed UD.dertaking will have no effect on any known historic properties listed in or eligible for the National Register. faD Mmmt~in: Replace an existing tower within the same footprint. According to our project files, the existing tower on Fan Mountain is 150 feet tall. How tall will the replacement tower be? If it is 200 feet or greater, FEMA will need to reinitiate consultation with DHR usmg an archive search radius of 2 miles. Please see our web site at www tinT Vitg1n1a grw for more details concerning our policy for cell tower reviews. Sep.22. 2004 12:49PM PIEDMONT ENVIRONMENTAL No.4057 !) 4/L Page 3 August 31, 2004 Ms Science Kilner ~art~r's Mountain: Build a new 250 feet tower within an existing tower farm, already containing several towers. We previously reviewed a 250-foot tower on Carter1s Mountain. At that time we determined that the undertaking would have No Effect to any known historic properties. Will construction oftMs new tower result in the removal of an existing facility? If you have any questions regarding our comments please contact rn.e at (804) 367~2323, Ext. 114. Cc: Mr. JeffWemer, Piedmont Environmental Council Ms. Ivy Harris, Federal Communications Commission