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HomeMy WebLinkAbout20030507actions ACTIONS Board of Supervisors Meeting of May 7, 2003 May 14, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:03 a.m., by the Chairman. All BOS members present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. 4. From the Public: Matters not Listed on the Agenda. • Eric Morris – Representing residents of Route 672, presented a petition asking the Board to consider their road for the Rural Rustic Roads Program. • Charles Anson – Presented a letter from the Redfields Community Association urging the Board to raise the priority for simultaneously upgading Sunset Avenue Extended and completing the Southern Parkway; and create an extension of Sunset Avenue Extended to Stribling Avenue Extended. • Charlie Trachta – Expressed opposition to extending water to the Hollymead Community Urban area (Agenda item # 8). Requested the Board send the North Pointe rezoning request back to the Planning Commission. • Tom Olivier – Presented the Board with a report published by the Defenders of Wildlife that included a recounting of the emergence of the biodiversity protection movement here in Albemarle County. • John Coleman – A resident of Gilbert Station Road, spoke in support of the Rural Rustic Roads Program and asked that it be considered for completion of the entire road, not just the section in the plan. 5.2. Proclamation recognizing the Senior Center for in becoming the First Nationally Accredited Senior Center Virginia. • ADOPTED and presented to Peter Thompson. (Attachment 1) 5.3. Proclamation recognizing May 2003 as Teen Pregnancy Prevention Month. • ADOPTED and presented to Laurie McDade. (Attachment 2) 5.4. Proclamation recognizing May 10 through May 16, 2003 as National Police Memorial Week. • ADOPTED and presented to Greg Jenkins. (Attachment 3) 5.5. Proclamation recognizing May 11, through May 17, 2003 as Business Appreciation Week. • ADOPTED and forwarded to Lee Catlin. (Attachment 4) 5.6. Resolution to accept road(s) in Ashleigh into the State Secondary System of Highways. • ADOPTED resolution. Clerk: Forward to Steve Snell in Engineering (Attachment 5) 5.7. Resolution to accept road(s) in Blue Ridge Clerk: Forward to Steve Snell in Engineering -Page 1- Meadows Subdivision into the State Secondary System of Highways. • ADOPTED resolution. (Attachment 6) 5.8. Bleak House Road (Rt 662) Partial Abandonment and Relocation. • ADOPTED resolution. Clerk: Forward resolution to Juan Wade and copy County Attorney’s office. (Attachment 7) 5.9 Lifting of Water Emergency Declaration that authorizes Albemarle County Service Authority to impose water restrictions. • APPROVED discontinuing the water emergency in effect pursuant to Section 16-500 of the Code of Albemarle County. Clerk: Notify Albemarle County Service Authority. 5.10 . Authorize County Executive to sign Three Party Agreement for Southern Area “B” Study. • AUTHORIZED the County Executive to sign the cost sharing agreement on behalf of the County. Susan Thomas: Distribute copies to appropriate parties. (Attachment 8) 5.11 Adoption of Consolidated Plan for the Thomas Jefferson Home Consortium and the City of Charlottesville. • ADOPTED plan as requested. Clerk: Notify TJPDC of approval. 5.12 Colthurst Subdivision Child at Play sign. • ADOPTED resolution supporting the installation of Child at Play on Colthurst Drive (Route 1001). Clerk: Forward signed resolution to Juan Wade. (Attachment 9) 5.13 Adopt resolution accepting landowners’ offer to sell conservation easements under ACE Program. • ADOPTED resolution accepting the landowners’ offer to sell a conservation easement to the County, for the price specified and subject to the terms and conditions contained in the proposed deed of easement. • AUTHORIZED the County Executive to sign the final deeds of easement for each of the properties. • APPROVED the ACE Committee’s recommendation to invite Hart and Scharer to submit offer to sell conservation easements to the County. • APPROVED the ACE Committee’s recommendation to have the Marshall, Crawford and Swanson parcels appraised this year. Clerk: Forward signed resolution to County Attorney’s office. (Attachment 10) 5.14 Approval of FY 2003 Appropriations to provide funds for various General Government and School programs. • APPROVED appropriations #2003049, 2003052, 2003053, 2003054, 2003055, 2003056, 2003057, and 2003058. Clerk: Forward signed appropriations to Melvin Breeden with copies to appropriate individuals. Send letter of appreciation for donations. 6a. Public Hearing: Six Year Secondary Road Priority List. APPROVED the County's Priority List and ADOPTED VDOT’s Construction Program Estimate Allocations. Juan Wade: After Mr. Tucker’s signature, forward signed documents to Jim Bryan. When document signed by VDOT return copy to Clerk for files. Transportation Matters Not Listed on the Agenda. Jim Bryan • He will be attending the video conferencing meeting Clerk: Forward comments to Jim Bryan. -Page 2- on May 14. • Highlighted VDOT’s May 2003 report. Lindsay Dorrier • In response to comment made by Mr. Bryan, Mr. Dorrier suggested that long-term employees of VDOT be recognized by the Board when they retire from VDOT. He asked that Gene Rush attend the June Board meeting to be recognized. Charles Martin • Mentioned the light at the intersection of Route 29 and Route 649. When you are heading west on Route 649, traveling towards the Airport, the left leading light will work fine, but if you are going straight and no one gets into that lane, then the left leading light stays red. When the light doesn't change, people will run it. Walter Perkins • Commented on VDOT moving the public hearing date on Jarman's Gap Road from May to July. Dennis Rooker • Again mentioned the timing of the light at Hydraulic Road and Route 29. In the mornings, only two to three cars can cross east/west on the green light. Sally Thomas • Expressed appreciation to VDOT for installing the light at Broomley Lane. 7. Presentation: Bright Stars Program. • MOVED to June 4, 2003. 8. Public hearing to consider amending the Albemarle County Service Authority jurisdictional area for water & sewer service to the Hollymead Community urban area. • APPROVED request for public water and sewer service to this portion of the Hollymead Community. 9. Public Hearing to consider amending the Albemarle County Service Authority jurisdictional area for water & sewer service to Tax Map 56, P 87 for Mass Enterprises, Inc. • APPROVED the request for public water and sewer service to Tax Map 56, Parcel 87. 10. Public Hearing to consider granting relocated sanitary sewer line easement to the Albemarle County Service Authority across Tax Map 61Z, Section 3, Parcel 9 (Branchlands area). • APPROVED the proposed easement • AUTHORIZED the County Executive to sign the deed of easement on behalf of the County. County Attorney’s Office: Get necessary signatures and provide Clerk's office with copy of fully executed document. (Attachment 11) 11. Public Hearing on Lewis & Clark Exploratory Center Lease Agreement for Towe Park. • APPROVED use of Towe Park land by the Lewis & Clark Exploratory Center. • AUTHORIZED the County Executive to sign lease County Attorney’s Office: Get necessary signatures and provide Clerk's office with copy of fully executed document. -Page 3- on behalf of the County. 12. Public Hearing on Albemarle County’s Annual Plan For Administering Housing Choice Vouchers. • APPROVED proposed submission and • AUTHORIZED chairman to sign certifications. Clerk: Forward signed certification to Housing Office and provide Housing with Certification of Publication. 13. Board to Board Presentation by School Board. • RECEIVED 14. Discussion on Cable Television Franchise • CONCENSUS of Board that County Executive and County Attorney staff initiate cable franchise process. County Executive and County Attorney: Proceed as directed. 15. Work session ZMA- 2000-09. North Pointe. • REFERRED back to the Planning Commission for work session and normal review process. 16. Closed Session: Personnel Matters. • At 12:05 p.m., the Board went into Closed Session. 17. Certify Closed Session: • At 2:28 p.m., the Board reconvened into Open Session and certified the closed session. 18. Appointments. • APPOINTED Robert Mellow and Anthony Townsend to the Library Board, with said terms to expire June 30, 2007. • APPOINTED Shirley Copeland to the Commission on Children and Families as the County representative, with said term to expire June 30, 2006. Clerk: Prepare appointment letters, update Boards and Commissions book and notify appropriate persons. Prepare Certificates of Appreciation to individuals whose terms have expired. 19. SP-2003-081. Phillip Haney-Crown Tower Piney Mountain Amendment (Signs #47&48). • APPROVED SP-2003-081, by a vote of 4:2, subject to the 9 conditions recommended by the Planning Commission. Clerk: Set out conditions below (Attachment 12) 20. SP-2003-008. David C. Weber – Triton PCS Amendment (Sign #45). • APPROVED SP-2003-008, by a vote of 6:0, subject to the 12 conditions as recommended by the Planning Commission and amended at the Board Meeting. Clerk: Set out conditions below (Attachment 12) 21. SP-2003-10. Elizabeth Bright – Triton PCS Amendment (Sign #19). • APPROVED SP-2003-10, by a vote of 6:0, subject to the 12 conditions as recommended by the Planning Commission and amended at the Board meeting. Clerk: Set out conditions below (Attachment 12) 22. SP-2003-11. Martin Howell – Triton PCS Amendment (Signs #75 & 85). • APPROVED SP-2003-11, by a vote of 6:0, subject to the 12 conditions as recommended by the Planning Commission and amended at the Board meeting. Clerk: Set out conditions below (Attachment 12) 23. SP-2003-12. James & Julie Herring – Triton PCS Clerk: Set out conditions below (Attachment 12) -Page 4- Amendment (Signs #15&16). • APPROVED SP-2003-12, by a vote of 6:0, subject to the 12 conditions as recommended by the Planning Commission and amended at the Board meeting. 24. SP-2003-13. David T. Pastors – Triton PCS Yancy Mills Amendment (Sign #80). • APPROVED SP-2003-13, by a vote of 6:0, subject to the 12 conditions as recommended by the Planning Commission and amended at the Board meeting. Clerk: Set out conditions below (Attachment 12) 25. SP-2003-14. David or Carolyn Homes – Triton PCS Mt. Jefferson Amendment (Signs #17&18). • APPROVED SP-2003-14, by a vote of 6:0, subject to the 12 conditions as recommended by the Planning Commission and amended at the Board meeting. Clerk: Set out conditions below (Attachment 12) 26. SP-2003-16. John & Dorothy Adams – Triton PCS Amendment (Signs #92,95&96). • APPROVED SP-2003-16, by a vote of 6:0, subject to the 12 conditions as recommended by the Planning Commission and amended at the Board meeting. Clerk: Set out conditions below (Attachment 12) 27. Presentation: Historic Committee, re. County Stores. RECEIVED 15. From the Board: Matters Not Listed on The Agenda. • CANCELLED Board scheduled public hearings on ZMA-2000-009 and SP-2002-72 North Pointe. • CANCELLED July 2, 2003 Board meeting. 3. Adjourn. • The meeting was adjourned at 3:37p.m. /gak Attachment 1 - Proclamation recognizing the Senior Center Attachment 2 - Proclamation recognizing Teen Pregnancy Prevention Month Attachment 3 - Proclamation recognizing National Police Memorial Week Attachment 4 - Proclamation recognizing Business Appreciation Week Attachment 5 - Resolution to accept roads in Ashleigh Subdivision into State System Attachment 6 - Resolution to accept roads in Blue Ridge Meadows Subdivision into State System Attachment 7 - Resolution for bleak House Road Attachment 8 - Three Party Agreement for Southern Area "B" Study Attachment 9 - Resolution for Child at Play sign on Colthurst Drive Attachment 10 - Resolution - ACE Program Attachment 11 - Deed of Easement for sanitary sewer line Attachment 12 – Conditions of Approval for Planning items -Page 5- Attachment 1 Proclamation First Nationally Accredited Senior Center in Virginia Whereas, seniors are an integral aspect of our community, providing wisdom and lifelong experience that people of all ages can benefit from; Whereas, Senior Center, Inc. has involved, enriched, and empowered seniors in Albemarle County since 1960; Whereas, Senior Center, Inc. through a wide variety of programs in lifelong learning, fitness, arts, recreation, travel, and volunteer service has enhanced the ability of seniors to remain independent so they may remain an asset for all citizens; Whereas, Senior Center, Inc. has facilitated the dignity and self-esteem of seniors, thus tapping their experience, knowledge, skills, and abilities and enabling them to continue to contribute to our community; and Whereas, The National Institute of Senior Centers (NISC) is the accrediting body for 15,000 senior centers nationwide; Now, Therefore, Be It Resolved, that the Albemarle County Board of Supervisors congratulates Senior Center, Inc. for becoming the First Nationally Accredited Senior Center in Virginia, as awarded by NISC in November 2002; and Further Resolved, that the Board of Supervisors calls upon all citizens to recognize the special contributions that Senior Center, Inc. makes in enhancing the well-being of seniors and all our community. Signed and Sealed this 7th Day of May 2003. -Page 6- Attachment 2 TEEN PREGNANCY PREVENTION MONTH WHEREAS, the consequences of teen parenthood tend to lead to a greater chance of the mother's dropping out of school, obtaining a poorer job and becoming dependent on welfare; and WHEREAS, the children born to teen parents tend to have less supporting and stimulating home environments, poorer health, lower cognitive development, worse educational outcomes, more behavior problems, and are more likely to become teen parents themselves; and WHEREAS, eighty-five percent of all pregnancies among adolescents are unintended, and sexually active teens using no contraception over the course of a year have a 90 percent chance of pregnancy, according to the Guttmacher Institute; and WHEREAS, the teen pregnancy rate in Albemarle County has now decreased for two years in a row, due in part to effective community prevention efforts that require ongoing support; and WHEREAS, teens sexual activity leads not only to unwanted pregnancies but increasingly to sexually transmitted diseases including AIDS; and WHEREAS, forty percent of Albemarle County students who took the 2001 Youth Risk Behavior Survey reported having had sexual intercourse, and one-third of those students reported engaging in unprotected sexual activity; and WHEREAS, there is an urgent need to increase knowledge and awareness of issues related to teen pregnancy prevention among young people, parents, youth leaders and others; NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby recognize MAY, 2003 as TEEN PREGNANCY PREVENTION MONTH in Albemarle County, Virginia, and call its importance to the attention of all our citizens. -Page 7- Attachment 3 NATIONAL POLICE MEMORIAL WEEK WHEREAS, May 15 of each year was proclaimed "Police Officer's Memorial Day" by President John F. Kennedy on October 1, 1962, in honor of those peace officers who, through their courageous deeds, have lost their lives or become disabled in the performance of duty; and WHEREAS, the calendar week in which it falls was proclaimed "Police Week" in recognition of the service given by the men and women who night and day protect the citizens through enforcement of our laws; and WHEREAS, these days of increasing fear, rising crime, reckless acts of violence, recall to our minds President Kennedy's words of praise for these officers as "truly men and women of courage, judgment and dedication;" and WHEREAS, we share his sentiments and agree that it is time to remind the public of the day-by-day heroism of our officers, both those on active duty and those who have given their lives in the line of duty; NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, Albemarle Board of County Supervisors, do hereby declare and set aside the week of May 10 through May 16, 2003, as NATIONAL POLICE MEMORIAL WEEK and call upon all citizens to recognize the significant efforts and accomplishments of these officers. -Page 8- Attachment 4 BUSINESS APPRECIATION WEEK 2003 WHEREAS, Albemarle County is pleased to have a thriving base of business and industry to support the local economy; and WHEREAS, these businesses provide essential employment opportunities for the citizens of Albemarle County; and WHEREAS, these businesses provide local revenues from which the entire local citizenry benefit; and WHEREAS, these businesses also make significant contributions in our communities to promote educational opportunities for our children and promote a variety of activities which increase the quality of life of the area; and WHEREAS, we recognize and appreciate these businesses; NOW, THEREFORE, BE IT RESOLVED, that I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby recognize our existing businesses, and by virtue of this proclamation give notice to our citizens that the overall quality of life of our community is directly and substantially related to the continued vitality and success of private enterprises; FURTHER RESOLVED that May 11 through May 17, 2003 is hereby proclaimed as Business Appreciation Week in the County of Albemarle and we extend our appreciation for the many businesses that strive to help make this a better community. -Page 9- Attachment 5 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day of May 2003, adopted the following resolution: R E S O L U T I O N WHEREAS, the streets in Ashleigh Subdivision described on the attached Additions Form SR- 5(A) dated May 7, 2003, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in Ashleigh Subdivision as described on the attached Additions Form SR-5(A) dated May 7, 2003, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Require- ments; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The roads described on Additions Form SR-5(A) are: 1) Ashleigh Way Road (State Route 1094) from the intersection of Route 640 to the intersection of Route 1095 (Priddy Creek), as shown on plat recorded 10/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1966 page 337, with a 50-foot right-of-way width, for a length of 0.12 mile; and from the intersection of Route 1095 (Priddy Creek) to the cul-de-sac, as shown on plat recorded 10/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1966 page 337, with a 50- foot right-of-way width, for a length of 0.20 mile. 2) Priddy Court (State Route 1095) from the intersection of Route 1094 (Ashleigh Way Road) to the intersection of Route 1096 (Priddy Place), as shown on plat recorded 10/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1966 page 337, with a 50-foot right-of-way width, for a length of 0.18 mile; and from the intersection of Route 1096 (Priddy Place) to the cul-de-sac, as shown on plat recorded 10/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1966 page 337, with a 50-foot right-of-way width, for a length of 0.15 mile. 3) Priddy Place (State Route 1096) from Route 1095 (Priddy Court) to the cul-de-sac, as shown on plat recorded 10/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1966 page 337, with a 50-foot right-of-way width, for a length of 0.12 mile. Total Mileage - 0.67 mile. -Page 10- Attachment 6 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day of May 2003, adopted the following resolution: R E S O L U T I O N WHEREAS, the streets in Blue Ridge Meadows Subdivision described on the attached Additions Form SR-5(A) dated May 7, 2003, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in Blue Ridge Meadows Subdivision as described on the attached Additions Form SR-5(A) dated May 7, 2003, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The roads described on Additions Form SR-5(A) are: 1) Snowy Ridge Lane (State Route 1568) from the intersection of Route 666 to the cul-de- sac, as shown on plat recorded 8/28/2002 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2258 page 590, with a 50-foot right-of-way width, for a length of 0.15 mile. Total Mileage - 0.15 mile. -Page 11- Attachment 7 RESOLUTION CONDITIONALLY ABANDONING A PORTION OF STATE ROUTE 662 AND REQUESTING THAT ANOTHER PORTION BE ADDED TO THE SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, a plat entitled “Plat Showing Survey of Parcels X and Y,” dated March 31, 2003, prepared by Gloeckner Engineering/Surveying, Inc. (hereinafter, the “plat”) depicts the proposed relocation of State Route 662, including those portions of existing State Route 662 to be abandoned and new portions to be dedicated for the relocated roadway; a copy of the plat is attached hereto and incorporated herein by reference; and WHEREAS, the new road serves the same citizens as those portions of old road identified to be abandoned and those segments no longer serve a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to add to the secondary system of state highways those portions of road depicted on the plat as the right-of-way and drainage easements to be dedicated for relocated State Route 662, pursuant to Section 33.1-229, Code of Virginia; and BE IT FURTHER RESOLVED, that the Board of Supervisors abandons as part of the secondary system of state highways those portions of road depicted on the plat as the existing right-of-way and sight easements to be abandoned on State Route 662, pursuant to Section 33.1-155, Code of Virginia; and BE IT FURTHER RESOLVED, that the foregoing shall be conditional and shall not take effect until the new road is constructed in the location shown on the plat and approved by the Commonwealth Transportation Commissioner; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. -Page 12- Attachment 8 AGREEMENT THIS AGREEMENT is entered into in triplicate this ____ day of ________, 2003, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter, the “County”), the CITY OF CHARLOTTESVILLE, VIRGINIA, a Virginia municipal corporation (hereinafter, the “City”), and the RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, an educational institution of the Commonwealth of Virginia (hereinafter, the “University”), also referred to herein as the “party” or “parties.” WITNESS WHEREAS, the parties desire to obtain the services of a consultant to provide planning services for the Southern Urban Area B Study Area identified in the “Three Party Agreement” entered into by the parties in 1986; WHEREAS, the Area B Study Area contains portions of the County, the City and certain properties owned by the University; WHEREAS, through a competitive procurement process conducted in compliance with the Virginia Public Procurement Act, Renaissance Planning Group has been selected to provide the planning services described herein; WHEREAS, the cost for the planning services will be seventy-four thousand nine hundred sixty- five dollars ($74,965); and WHEREAS, the parties desire by this Agreement to expressly authorize the County to enter into the planning services agreement with Renaissance Planning Group and to administer that agreement. NOW, THEREFORE, in consideration of the mutual premises and covenants contained herein, the County, the City and the University hereby agree as follows: 1. The County is authorized to enter into a planning services agreement with Renaissance Planning Group for the Southern Urban Area B Study Area (hereinafter, the “RPG Agreement”), and to administer the RPG Agreement. 2. Each party’s pro rata share of the cost of the RPG Agreement shall be one-third (approximately twenty-five thousand dollars ($25,000)). 3. The County’s share has been appropriated. By not later than May 21, 2003, the City and the University each shall deposit the sum of twenty-five thousand dollars ($25,000) with the County. These sums are based on each party’s respective pro rata share identified in section 2, but is exclusive of any future amendment to the RPG Agreement that requires additional appropriations and deposits by the parties, based on the same percentages identified in section 2. Any unexpended portion shall be refunded to the parties pro rata. 4. The County shall not consent to an amendment to the RPG Agreement that requires additional appropriations and deposits by the parties in this or a subsequent fiscal year, unless the parties have first appropriated their pro rata shares. -Page 13- 5. Each person signing this Agreement acknowledges that he is authorized to sign this Agreement on behalf the entity he represents. COUNTY OF ALBEMARLE _______________________________ Robert W. Tucker, County Executive CITY OF CHARLOTTESVILLE _______________________________ Gary O’Connell, City Manager RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA _______________________________ Leonard Sandridge, Vice President and Chief Financial Officer -Page 14- Attachment 9 RESOLUTION WHEREAS, The residents of Colthurst Subdivision are concerned about traffic in their neighborhood and the potential hazard it creates for the numerous children that play in the subdivision; and WHEREAS, The residents believe that a Child At Play sign would help alleviate some the concerns; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby supports the community’s requests for VDOT to install the necessary “Child At Play” signs on Colthurst Drive (Route 1001). -Page 15- Attachment 10 RESOLUTION ACCEPTING OFFERS TO SELL CONSERVATION EASEMENTS UNDER THE ACE PROGRAM WHEREAS, the County has received offers to sell conservation easements under the ACE Program from the owners of the following properties: Tax Map 65, Parcels 84A & 86 (Millwood Land Trust – Gildea) WHEREAS, each owner offered to sell conservation easements on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County’s invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offers to sell conservation easements described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owners of the properties identified herein, or their contact persons. -Page 16- Attachment 11 THIS DEED OF EASEMENT made this ____ day of __________, 2003, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, the "Grantor"; and the ALBEMARLE COUNTY SERVICE AUTHORITY ("ACSA"), the Grantee; W I T N E S S E T H : WHEREAS, the Grantor herein is the owner of that certain lot or parcel of land consisting of 3.285 acres, more or less, having acquired it by Deed dated February 17, 1998, from Charles William Hurt, Sr. and Shirley L. Fisher, as Trustees of the Virginia Land Trust pursuant to the terms of a certain Land Trust Agreement dated May 18, 1984 (the "Virginia Land Trustees") recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 1705, page 122; and WHEREAS, the Virginia Land Trustees had previously granted various easements across the subject parcel to the ACSA to permit the installation of a sanitary sewer line across the property; and WHEREAS, said sanitary sewer line, as built, differs slightly from the location of the easement as originally granted. NOW, THEREFORE, IN CONSIDERATION of the foregoing premises and TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY OF TITLE unto the Albemarle County Service Authority, a perpetual right-of-way and easement to construct, install, maintain, repair, replace, and extend sanitary sewer lines consisting of pipes and appurtenances thereto, said easement described as a "New 20' Sanitary Sewer Easement" as shown on a plat by B. Aubrey Huffman & Associates, Ltd., dated February 27, 2003, captioned "Plat Showing Revised Sewer Easement on Lot 4 Branchlands Albemarle County, Virginia" a copy of which plat is attached hereto and recorded contemporaneously with this deed as one and the same instrument (the "Plat"). Reference is made to the Plat for the exact location and dimensions of the permanent easement as it crosses the property of the Grantor. Said sewer line easement lies within the boundaries of Parcel 003-9 on Tax Map 61Z, Albemarle County, Virginia. As a part of this sewer line easement, the ASCA shall have the right to enter upon the above- described property within the easement granted for the purpose of installing, constructing, maintaining, repairing, replacing, and extending the sewer line and appurtenances thereto, within such easement and the right of ingress and egress thereto as reasonably necessary to maintain, repair, replace, and/or extend such sewer line. Grantor, its successors or assigns, agrees that new trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be placed within the easement conveyed herein. Whenever it is necessary to excavate earth within the sanitary sewer line easement, the ASCA agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition existing prior to the excavation. In the event that any damage results from said access, the ACSA agrees to correct and repair such damage in a proper and workmanlike manner, including the restoration of any such damaged or disturbed grass surfaces. The easement shall include the right of ACSA to cut any trees, brush, and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer installation, operation, and maintenance. The ACSA shall have no responsibility to the Grantor, its -Page 17- successors or assigns, to replace or reimburse the cost of such trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. The facilities constructed within the permanent easement shall be the property of the ASCA, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the permanent easement as are consistent with the purposes expressed herein. The "Portion of Exist. 20' Sanitary Sewer Easement To Be Abandoned" as shown on the Plat is hereby abandoned. By the signature of its authorized officer, the Albemarle County Service Authority hereby accepts this dedication and the duties, covenants, and restrictions imposed herein. WITNESS the following signatures and seals. By:___________________________ Title:________________________ ALBEMARLE COUNTY SERVICE AUTHORITY, Grantee By:___________________________ Title:________________________ -Page 18- Attachment 12 CONDITIONS OF APPROVAL SP-2002-081. Philip Haney-Crown Tower Piney Mountain Amendment (Signs #47&48). - Request to allow co-location of an array of 9 add'l antennas at approx 93 ft on existing tower 146-foot tall tower, w/add'l ground equipment, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 21, P 10, contains approx 10.31 acs. Znd RA. Located on Western side of Rt 606 (Dickerson Rd), approx 1/8 ml S of intersec w/Rt 641 (Frays Mill Rd). White Hall Dist. 1. All work shall be done in general accord with that described in the applicant’s request and site construction plans, entitled “Omnipoint Communications CAP Operations, Crown-Piney Mountain,” last revised on December 12, 2002; 2. The tower shall not be increased in height; 3. The additional array of panel antennas may be attached only as follows: a. All equipment attached to the tower shall be painted to match the color of the tower. The cables extending from the ground equipment may remain black; b. The antennas shall not exceed seven (7) feet in height and two (2) feet in width; c. The antennas shall be set at the minimum distance that is allowed by the mounting equipment, and in no case shall any of the new antennas project from the structure to a distance that is greater than that of the existing antennas; and d. The antennas and dishes attached to this tower may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement equipment are in compliance with these conditions of approval and in accordance with all applicable regulations set forth in Section 5.1.40 of the Zoning Ordinance. The note on page Z-2, which implies that the size and height of the antennas may be adjusted to meet RF requirements, shall be deleted from the construction drawings or amended to remove this consideration for size and height. 4. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; 5. No existing trees within two hundred (200) feet of the facility shall be removed for the purpose of installing the proposed antennas or any supporting ground equipment; 6. The current owner and any subsequent owners of the tower facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; 7. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney; 8. The tower shall be limited to a total of four (4) vertical arrays of panel antennas. No additional relay, satellite or microwave dish antennas shall be permitted on the tower; and 9. This special use permit must be amended to allow the three existing arrays of panel antennas to be: (a) relocated on the structure; (b) modified to increase the number or size of panel antennas; or (c) modified to increase the distance of the panel antennas from the structure. _____________________ -Page 19- SP-2003-008. David C. Weber - Triton PCS Amendment (Sign #45). Request to allow installation of new ground equipment supporting new digital technology, E-911 services & replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 73, P 31D, contains 10.31 acs. Loc on Rt 708 (Dry Bridge Rd) between I-64 & Rt 637 (Dick Woods Rd). Znd RA. Samuel Miller Dist. The facility shall be designed, constructed and maintained as follows: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, “Triton PCS/Weber Property”, last revised January 23, 2003 and provided with Attachment F in this report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed seven (7) feet above the tallest tree within twenty- five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-64; 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pole and ground equipment; 4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 7. No guy wires shall be permitted; 8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 9. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted except as provided by the existing livestock fencing shown on the plan. Prior to the issuance of a building permit, the following requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 11. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and -Page 20- 12. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. _____________________ SP-2003-10. Elizabeth Bright - Triton PCS Amendment (Sign #19). Request to allow installation of new ground equipment supporting digital technology, E-911 services & replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 58, P 61A, contains approx 5.144 acs. Loc on eastern side of Rt 676 (Tillman Rd), approx 1/2 mile N of intersec w/Rt 250 W. Znd RA. Samuel Miller Dist. The facility shall be designed, constructed and maintained as follows: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, “Bright (Triton PCS)”, last revised January 23, 2003 and provided with Attachment A in this report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed one (1) foot above the tallest tree within twenty-five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 01-08; 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pole and ground equipment; 4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 7. No guy wires shall be permitted; 8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 9. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted except as provided by the existing livestock fencing shown on the plan. Prior to the issuance of a building permit, the following requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary -Page 21- access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 11. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 12. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ______________________ SP-2003-11. Martin Howell - Triton PCS Amendment (Sign 75 & 85). Request to allow installation of new ground equipment supporting digital technology, E-911 services & replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 72, P 21. Loc at 5726 Wyant Lane, approx 153 feet S of I 64 & between St Rt 635 & Mechums River. Znd RA & w/in EC. Samuel Miller Dist. The facility shall be designed, constructed and maintained as follows: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, “Howell (Triton PCS)”, last revised January 23, 2003 and provided with Attachment B in this report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed ten (10)) feet above the tallest tree within twenty-five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-75; 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pole and ground equipment; 4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 7. No guy wires shall be permitted; 8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to -Page 22- distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 9. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted except as provided by the existing livestock fencing shown on the plan. Prior to the issuance of a building permit, the following requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 11. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 12. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ______________________ SP-2003-012. James and Julie Herring - Triton PCS Amendment (Signs #15&16). Request to allow installation of new ground equipment supporting digital technology, E-911 services & replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 53, P 6, contains 83.417 acs. Loc off of Green Hill Lane approx 1/2-mile NW of the Rt 64 W overpass of Rt 690 (New Town Rd). Znd RA & EC. White Hall Dist. The facility shall be designed, constructed and maintained as follows: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, “Triton PCS/Herring”, last revised January 23, 2003 and provided with Attachment C in this report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed seven (7) feet above the tallest tree within twenty- five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-41; 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pole and ground equipment; 4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case -Page 23- shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 7. No guy wires shall be permitted; 8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 9. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted except as provided by the existing livestock fencing shown on the plan. Prior to the issuance of a building permit, the following requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 11. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 12. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ____________________ SP-2003-013. David T. Pastors - Triton PCS Yancey Mills Amendment (Sign #80). Request to allow installation of new ground equipment supporting digital technology, E-911 services & replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 55, Ps 19D&19D1, contains approx 21 acs. Loc on Rt 684 (Half Mile Branch Rd) at Yancey Mills approx 1/8 mile N of the intersec with Rt 797 (Hillsboro Lane). Znd RA & EC. White Hall Dist. The facility shall be designed, constructed and maintained as follows: -Page 24- 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, “Triton PCS/Yancey Mille”, last revised January 23, 2003 and provided with Attachment D in this report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed seven (7) feet above the tallest tree within twenty- five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-51; 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pole and ground equipment; 4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 7. No guy wires shall be permitted; 8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 9. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted except as provided by the existing livestock fencing shown on the plan. Prior to the issuance of a building permit, the following requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 11. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 12. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an -Page 25- amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ______________________ SP-2003-014. David or Carolyn Holmes - Triton PCS Mt. Jefferson Amendment (Signs #17&18). Request to allow installation of new ground equipment supporting digital technology, E-911 services & replacement of antennas at an existing personal wireless services facility, in accord w/Sec 11.2.2.6 of the Zoning Ord. TM 76C, Sec 2, P 2, contains approx 1.5 acs. Znd R-1 (1du/ac) & EC. Loc on the western side of Rt 29 bypass (Monacan Trail), approx one-half (1/2) mile S of intersec of Rts 29 & 250 W (Ivy Rd). Samuel Miller Dist. The facility shall be designed, constructed and maintained as follows: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, “Triton PCS/Mt. Jefferson”, last revised January 23, 2003 and provided with Attachment G in this report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed ten (10) feet above the tallest tree within twenty-five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-17; 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pole and ground equipment; 4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 7. No guy wires shall be permitted; 8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 9. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted except as provided by the existing livestock fencing shown on the plan. Prior to the issuance of a building permit, the following requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. -Page 26- After the issuance of a Certificate of Occupancy, the following requirements shall be met: 10. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 11. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. _____________________ SP-2003-016. John and Dorothy Adams - Triton PCS Amendment (Signs #92,95&96). Request to allow installation of new ground equipment supporting digital technology, E-911 services & replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 59,P 20, contains 140.982 acs. Loc at 785 Verdant Lawn Lane, W of Rt 250 & Rt 677. Znd RA. Samuel Miller Dist The facility shall be designed, constructed and maintained as follows: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, “Triton PCS/Adams property”, last revised January 23, 2003 and provided with Attachment E in this report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed 5.6 feet above the tallest tree within twenty-five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-52; 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pole and ground equipment; 4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 7. No guy wires shall be permitted; 8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 9. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted except as provided by the existing livestock fencing shown on the plan. Prior to the issuance of a building permit, the following requirements shall be met: -Page 27- -Page 28- 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 11. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 12. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.