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ACTIONS
Board of Supervisors Meeting of August 11, 2004
August 23, 2004
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 6:00 p.m., by the
Chairman, Mr. Dorrier. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Wayne Cilimberg and Sharon Taylor.
4. From the Public: Matters Not Listed on the Agenda.
• Eddie Giles, a resident of 1550 Garden Court,
asked the Board to revoke the permit for the
Planned Parenthood Clinic.
• Melissa Meeks, representing Charlottesville
NOW, asked the Board to adopt a proclamation
declaring August 26, 2004 as Women’s Equality
Day. (The Board discussed this matter under
Other Matters at the end of the agenda.)
• Tobey Bouch, a County resident and member of
the Central Virginia Forum, expressed
opposition to the Planning Parenthood Clinic.
• Robert McCready, Executive Pastor of
Covenant Church, expressed opposition to the
Planned Parenthood Clinic.
• Mike Sharman, an attorney working with the
Central Virginia Family Forum, asked the Board
to revoke the permit for the Planned Parenthood
Clinic.
5.1 SP-2003-70. Gregory R. Galllihugh-Nextel
Partners (Sign #59).
• ACCEPTED the applicant requests for
withdrawal.
5.2 ZMA-2003-05. The Meadows Expansion
Amendment (Sign #57).
• REMOVED from agenda-petition was deferred
by Planning Commission.
5.3
Ordinance regarding real estate property taxation
exemption – Amending Chapter 15, to set public
hearing for September 1, 2004.
• SET public hearing for September 1, 2004.
Clerk: Advertise public hearing.
5.4
Set public hearing for September 1, 2004 to include
W A Wells property (Loc on Polo Grounds Road) in
the Albemarle County Service Authority jurisdic-
tional areas.
• SET public hearing for September 1, 2004.
Clerk: Advertise public hearing.
5.5
Update on Red Hill Water Supply for contaminated
wells.
• AUTHORIZED staff to proceed with Phase 2 of
the study using Option 2 (as set out in the
executive summary). This study would include
detailed hydrogeologic and engineering
analysis, as well as cost estimates for both
construction and long-term operations.
Mark Graham/David Hirschman: Proceed as
directed.
6. SP-2004-00018. Leroy and Helen Moyer –
ALLTEL/Nix Way (Sign #64).
• APPROVED SP-2004-00018, by a vote of 6:0,
Clerk: Set out conditions of approval
(Attachment 2).
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subject to the 22 conditions recommended by
the Planning Commission, with modification to
condition #4.
7. CPA-2003-007 – Crozet Master Plan.
• DEFERRED CPA-2003-007, by a vote of 6:0,
until either September or October to allow staff
to separate the implementation plan from the
CPA, and then bring back to the Board the
actual comp plan for adoption.
Clerk: Schedule on October agenda.
8. From the Board: Matters Not Listed on the Agenda.
• ADOPTED resolution recognizing August 26,
2004 as Women’s Equality Day.
• CONSENSUS that the Chairman send a letter
congratulating Western Albemarle’s 1984 class
reunion.
9. Adjourned.
• The meeting was adjourned at 8:20 p.m.
/ewc
Attachment 1 – Proclamation – Women’s Equality Day
Attachment 2 – Conditions of Approval
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ATTACHMENT 1
RESOLVED that the Board of County Supervisors of the County of Albemarle County, Virginia,
hereby proclaims
August 26, 2004
as
WOMEN'S EQUALITY DAY
in remembrance of all those women and men who have worked to develop a more equitable community,
a community that acknowledges both the real similarities and the important differences between women
and men.
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ATTACHMENT 2
CONDITIONS OF APPROVAL
SP-2004-00018. Leroy and Helen Moyer – ALLTEL/Nix Way (Sign #64). Public hearing on a
request to allow construction of personal wireless fac w/ monopole, approx 80 ft in total height & 10 ft
above the height of the tallest tree w/in 25 ft. The proposed fac includes flush-mounted panel antennas &
ground equipment, in accord w/ Sec 10.2.2.6 of the Zoning Ord, which allows for microwave & radio-wave
transmission & relay towers in the RA. TM 92, P 56B3, contains 8.98 acs. Znd RA & EC Overlay Dist.
Loc on Rt 53 (Thomas Jefferson Pkway), approx 1.3 mls E of intersect of Thomas Jefferson Pkway & Rt
795 (James Monroe Pkway). Scottsville Dist.
The facility shall be designed, constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the
conditions listed herein, the facility including the monopole, the ground equipment building, and
any antennas shall be sized, located and built as shown on the concept plan entitled, “Alltel - Nix
Way Site”, dated March 24, 2004 and provided in this staff report with Attachment A (copy on
file);
2. The calculation of pole height shall include any base, foundation or grading that raises the pole
above the pre-existing, natural ground elevation;
3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed ten (10)
feet above the top of the tallest tree within twenty-five (25) feet. In no case shall the pole exceed
eighty (80) feet in total height at the time of installation without prior approval of an amendment to
this special use permit or personal wireless facility permit;
4. The monopole shall be made of wood and painted a dark brown natural color or be made of metal
and painted a dark matte brown natural wood color;
5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole
shall be the same color as the pole and shall be no larger than the specifications set forth in the
application plans;
6. 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;
7. No satellite or microwave dishes shall be permitted on the monopole;
8. No antennas or equipment, with the exception of a grounding rod, not to exceed one (1)-inch in
diameter and twelve (12) inches in height, shall be located above the top of the pole;
9. No guy wires shall be permitted;
10. 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;
11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted;
12. Size specifications and other details, including schematic elevations of the equipment cabinets
shall be included in the construction plan package;
13. Site grading and all construction around the facility shall be minimized to only provide the amount
of space that will be necessary for placement of the monopole and equipment cabinets.
Graveling of the total lease area shall not be permitted; and
14. Revise the shape and layout of the lease area and grading to avoid negative impacts to the trees
identified as numbers 109,118, 244, 246, 254 and 268.
Prior to the issuance of a building permit, the following requirements shall be met:
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15. Certification by a registered surveyor stating the height of the reference tree that has been used
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to justify the height of the monopole shall be provided to the Zoning Administrator;
16. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or
utility access, an amended tree conservation plan, developed by a certified arborist shall be
submitted to the Zoning Administrator 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; and
17. With the building permit application, the applicant shall submit the final revised set of site plans for
construction of the facility. During the review of the application, Planning staff shall review the
revised plans to ensure that all appropriate conditions of the special use permit have been
addressed.
After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to
any facility operation, the following shall be met:
18. Certification by a registered surveyor stating the height of the pole, measured both in feet above
ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum
identified in the application shall be provided to the Zoning Administrator;
19. Certification confirming that the grounding rod’s: a) height does not exceed two (2) feet above the
monopole; and, b) width does not exceed a diameter of one (1)-inch, shall be provided to the
Zoning Administrator; and
20. No slopes associated with construction of the facility shall be created that are steeper than 2:1
unless retaining walls, revetments, or other stabilization measures acceptable to the County
Engineer are employed.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
21. 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
22. 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.