CITY OF CHARLOTTESVILLE, VIRGINIA
                  CITY COUNCIL AGENDA



  Agenda Date:         December 19, 2022

  Action Required:     Approval of Ordinance

  Presenter:           Lisa Robertson, City Attorney

  Staff Contacts:      Allyson Davies, Senior Deputy City Attorney

  Title:               Private drainage easements (2) 2100 Avon Court (1 of 2 readings)


Background
Avon Court Holdings, LLC (“ACH”) is preparing to construct a 79,000 square foot industrial building in
Albemarle County. Construction of the proposed building requires two variable width drainage easements from
the City. The location of the requested easements will be situated on City owned property located in Albemarle
County at 2100 Avon Court, near Moore’s Creek (TMP 77-7). The proposed easements will allow for the
construction and appropriate conveyance of drainage from the property. This easement will not impact City
services or operations. The proposed easement is for a period of forty years in accordance with the
requirements of Va. Const. Art. VII, § 9.

Discussion
The City Council may "dispose" of its interests in City-owned real property, in whole or in part (e.g.,
by granting an easement to a third party), following a public hearing. See Virginia Code 15.2-1800
(B). In addition to the provisions set forth in that Code section, municipalities are subject to additional
legal and procedural requirements, as set forth in Virginia Code 15.2-2100 (B), when a private entity
seeks the right to use City property in a manner not permitted to the general public. If the proposed
term of an easement is more than five years, the City Council must publicly received bids therefor, in
the manner provided in 15.2-2102.

City Council should open a public hearing for this matter, and invite any person(s) who have
comment, and any persons who wish to offer bids, to present them during the public hearing. Once
the public hearing is closed, the Mayor should declare the bidding closed, and then ask for staff
recommendations on any bids presented during the public hearing. If no other bids are received, City
Council may proceed to make a decision on the requested easement. If other bids are received, City
Council would follow the procedures in Va. Code 15.2-2102 as they pertain to making decisions
between competing bids.

Alignment with City Council's Vision and Strategic Plan
Yes

Community Engagement
A public hearing is required by law to give the public an opportunity to comment on the proposed conveyance
of the drainage easement (Va. Code Section 15.2-1800(B)

Budgetary Impact
None

Recommendation
Staff recommends approval.

Suggested Motion: "I move the ORDINANCE Granting Private Drainage Easements to Avon
Court Holdings, LLC, at 2100 Avon Court, in Albemarle County, Virginia."

Alternatives
Council could decline to grant the easements

Attachments
1.   ORD - Drainage easements to Avon Ct. Holdings_
2.   Final plat - Avon Court (signed)