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HomeMy WebLinkAboutSP200300069 Staff Report Special Use Permit 2003-11-18 STAFF PERSON: STEPHEN B. WALLER, AICP PLANNING COMMISSION: NOVEMBER 18, 2003 BOARD OF SUPERVISORS: DECEMBER 3, 2003 SP 03-069 UNIVERSITY VILLAGE (NEXTEL) Applicant's Proposal: The applicant's proposal is for the installation of a personal wireless service facility, which would include an array of twelve 4-foot long, 6-1/2-inch wide, 8-inch deep antennas, on an existing building (Attachment A). The antennas would be installed in three separate (3) sectors containing four each, with the first two arrays flush-mounted on the building's elevator penthouse and third attached with pipes that would allow them to extend approximately nine (9) feet above a television booster room. Supporting equipment would be contained within a 7-foot tall equipment shelter that would also be located on the building's roof. The property, described as Tax Map 60B2/Parcel 1, contains approximately 17.317 acres, zoned R-10 Residential in Jack Jouett Magisterial District (Attachment B). The Comprehensive Plan designates this site is as Urban Density in Development Area 7. Petition: This request to allow the construction of a personal wireless service facility request is being made in accordance with Section 17.2.2.6 of the Zoning Ordinance, which allows radio wave transmission and relay towers in the R-10 zoning district by special use permit. The applicant, Nextel Partners, Inc., is in the process of expanding its service area within Albemarle County and the City of Charlottesville. The proposed site for the facility and its related equipment is the rooftop of a retirement condominium community owned by the University Village Owner's Association. Planning and Zoning History: This property was originally rezoned to R-10 Residential, with proffers, in 1982 as ZMA 82-11. The proffers have since been amended two times with ZMA 87-08, which allowed an increase in the maximum building height allowed, and ZMA 96-20, which allowed the development of the Manor House assisted living facilities on an adjacent property. Staff has recognized none of those actions that could be viewed as directly related to this request. The building that would serve as a mounting structure for the proposed facility has three existing facilities on its roof that were approved with the issuance of building permits (Attachment C). Character of the Area: This site of this proposed facility is the rooftop of an existing 6-story, multi-unit residential building located on Crestwood Drive, approximately 1/4-mile from the intersection with Old Ivy Road and at the top of a hill. As a result of its size, height and location the building is visible from most of those properties and from nearby roadways. The adjacent parcels that surround this property include a mixture of assisted living retirement units, townhouses and multi-family apartments, commercial offices and facilities that are related University of Virginia. There are three arrays of antennas serving existing personal wireless service facilities located on the roof of 1 this building and within close proximity to the site of the proposed facility. COMPREHENSIVE PLAN: All of the antennas and equipment for the proposed facility would be located on the rooftop of the existing building, and vehicular access would be provided to the site by the existing travelways. Therefore,because this proposal does not necessitate any additional disturbance, staff's review for compliance with the recommendations of the Comprehensive Plan are focused largely on the visual impacts upon locations surrounding the site that could result from the presence of the new antenna array. The Personal Wireless Service Facilities Policy is the component of the Comprehensive Plan that provides specific guidelines for the siting and review of personal wireless service facilities. Both the Open Space Plan and Chapter 2 of the Comprehensive Plan, entitled Natural Resources and Cultural Assets,provide staff with guidance for managing the County's natural, scenic and historic resources, and for the preservation and conservation of those resources in order to protect the environment for future use. In accordance with the guidelines set forth in the Personal Wireless Service Facilities Policy, staff's analysis is focused mainly on the visual impact of proposed co-location from surrounding properties and roadways. The wireless policy recommends a three tiered approach to the review of facilities, where Tier One would consist mainly of facilities that can be located within existing structures that would conceal them from outside views. Tier Two of the policy also encourages the utilization of existing structures for new facilities, but with antennas that can be flush- mounted if possible. In other cases Tier Three would allow for the implementation of facilities that don't qualify under those first two tiers. The policy recommends that roof-mounted facilities should not project upward but instead be flush-mounted so they do not peak above rooflines. In this case the applicant's request indicates that all three sets of antennas will be flush-mounted,but the construction plans show that one sector in the proposed array would be pole mounted and extend above the television booster room located on the roof. Normally, under the current regulation, a request to attach a facility on an existing building or structure could be approved administratively,provided that the antennas are flush-mounted and all equipment is painted to match the color of the background provided by the building, and there are only two or fewer existing facilities present. Staff also notes that there are already arrays of antennas for existing facilities on this building that also extend above the top of their mounting structure. Staff recognizes the Entrance Corridor Overlay District for the Routes 250 and 29 Bypass as an important resource that could potentially be affected by this request. Although the building that is subject to this request is visible from the entrance corridor the existing antennas which are much smaller in scale cannot be seen. As a function of the antennas small scale in comparison the large building and their distance from the road, it is anticipated that the antennas proposed with this facility would also be difficult to see from the entrance corridor. Therefore, the Architectural Review Board's Design Planner has reviewed this request and recommended conditions that could be implemented to ensure that there are no unexpected negative impacts upon the entrance Corridor(Attachment D). 2 RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. STAFF COMMENT: Staff will address the issues of this request in four sections: 1. Section 31.2.4.1 of the Zoning Ordinance; and, 2. Section 704 (a)(7)(b)(I)(II) of the Telecommunications Act of 1996. 1. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Although the University Village condominiums building is highly visible from the surrounding properties staff has found no conclusive evidence to indicate that the proposed co-location would impose any substantial detriment to adjacent properties. Although building tower itself is visible from various distances, the scale of the antennas and supporting equipment shelter when compared to the building is very minimal. Therefore, it is staff's opinion that this proposal would not be of any substantial detriment to adjacent property. that the character of the district will not be changed thereby, This building is located within a rather densely populated residential district and is contiguous with other properties that border an entrance corridor. Although this does not call for an increase in the size of the building's height, staff notes that one of the three sectors in the facility's array is being proposed with pipe-mounted antennas that extend above the top of the structure. In recognizing that existing antennas that have been mounted to extend above the roof line of the buildings elevator shaft,the Architectural Review Board's Design Planner has recommended a height restriction that would limit the heights, as measure above mean sea level (AMSL), of the four proposed antennas identified as Sector A to be consistent with the existing antennas that are identified on the plans. Additionally, all antennas and supporting equipment would have to be painted to match the colors building and its existing utilities and penthouse features. With consideration for the conditions regarding the height and architectural treatment of the proposed facility, staff does not believe that the approval of this proposal would result in changing the character to the district. Once the facility has been constructed and is fully operational, staff does not expect that the scheduled site visits would create a significant increase in activity or traffic within the area. Like the past applicants for the existing facilities at this site,Nextel's request states that the proposed facility would be unmanned and that service personnel would only have to travel to the site once a month for routine maintenance visits. Therefore, staff does not expect this schedule of infrequent site visits to create a significant increase in activity or traffic within the area. 3 and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request with consideration for the purpose and intent of the Zoning Ordinance as stated in Section 1.4. Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and harmonious community," as an intent of the Ordinance. As evidenced by the expanded and rapid increase in use, mobile telephones clearly provide a public service, and the establishment of wireless service facilities expands the availability of communications opportunities and convenience for users of wireless phone technology. In the event of emergencies, the increased access to wireless communication services can be clearly seen as being consistent with the accepted principles of public health, safety and general welfare. Although wireless facilities are not often credited for enhancing the visual appearance of the surrounding areas, the guidelines of the Wireless Policy are intended to ensure that equipment for those facilities are not responsible for intruding upon the important resources that promote the attractiveness of the community. Whenever telecommunication facilities cannot be designed to stealthily blend in with the existing surroundings, staff has recognized a preference to either co-locate on existing structures and within utility easements or to build new structures in areas where similar facilities are already present. Both of these practices can be effective for ensuring that new facilities are not located in a manner that requires any extensive amounts of environmental degradation in addition to imposing significant visual impacts. Because an opportunity for co-location on an existing structure with no additional disturbance is proposed in this request, it is staff's opinion that the approval of this proposal complies sufficiently with the purpose and intent of the Zoning Ordinance. with the uses permitted by right in the district, Staff has identified no evidence to demonstrate that the proposed array of antennas would restrict or otherwise adversely affect any of the established uses or other by-right uses allowed on this site or on any of the nearby properties and zoning districts. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. Section 5.1.12.a of the Zoning Ordinance contains regulations for locating public utility structures in a manner which"will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development of the same." The Federal Communications Commission's (FCC) regulations set forth in the Telecommunications act address the most significant concerns for public health and safety regarding personal wireless services. Staff has attempted to address the concerns for possible impacts upon neighboring properties in the area throughout this staff report and in the recommended conditions. The Personal Wireless Service Facilities Policy was adopted to provide guidelines for the siting and review for personal wireless service facilities. Section 5.1.40c of the Zoning Ordinance addresses proposals that are allowed by-right, specifically concerning the attachment of facilities 4 to existing structures as recommended under Tier One of the wireless policy. Under those regulations the owner of an existing structure is allowed to support the collocation of the combination of three (3) arrays of flush-mounted panel and/or whip antennas,by right. In this case the approval of a special use permit is required both because there are already three arrays of antennas attached to the tower, and because the proposal includes the attachment of antennas that are not flush-mounted. However,there are no provisions in the Zoning Ordinance or Comprehensive Plan precluding the use of mounting pipes and no-flush antennas,provided that the environmental and visual impacts are not found to be significant. 2. Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996: The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. The Telecommunications Act addresses issues of environmental effects with the following language, "No state or local government or instrumentality thereof may regulate the placement construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions' regulations concerning such emissions". In order to operate this facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless service. However,both do implement policies and regulations for the siting and design of personal wireless facilities. The applicant has not provided any information regarding the availability, or lack thereof, of alternative sites to serve the areas that would be covered with the new antennas at this site. Therefore, it is staff's opinion that the denial of this application would not have the effect of prohibiting the provision of personal wireless communication services. SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. The co-location of antennas and equipment subject to this special use permit would not restrict any of the uses that are permitted by right or impose any additional impacts on adjacent properties,particularly if the antenna mounting heights are limited, 2. All new antennas and supporting equipment would painted to match the building and its existing rooftop utilities; and, Staff has recognized the following factor, which is unfavorable to this request: 1. Although the applicant's written request indicates that the proposed array of antennas would be flush-mounted, the plans show that one of the three sectors would extend above the roof of the television booster room with pipe mounts. 5 The following factors are relevant to this consideration: 1. There are some existing antennas serving a personal wireless service facility that extend above the roof attached to this building; and, 2. There are existing and reasonable by-right uses that could be established on the subject property. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions set forth in Section 31.2.4.1 of the Zoning Ordinance and finds that the co-location would not impose substantial impacts upon any natural, cultural or historic resources. Despite the fact that one of the proposed antenna sectors is does not meet the recommendation for flush-mounting, staff also recognizes that approval of this request would not differ greatly from the circumstances that have been created with the existing rooftop facilities. However, staff's recommendation does include a condition that would require all future arrays to be attached to be flush-mounted. (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff requests consensus direction from the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) Recommended conditions of approval: 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 antennas, and equipment shelter, and all antennas shall be sized, located and built as shown on the concept plan entitled, entitled "Nextel Partners, Inc. (University Village)", dated August 8, 2003. 2. The height of the antennas in Sector A, as measure above sea level, shall not exceed the height of the tallest existing antennas that are shown and labeled on the plan. 3. Only antennas flush-mounted to the existing elevator penthouse or at a lower elevation on the building's parapet wall shall be permitted in Sectors B and Sector C. No antennas that project out from the pole beyond the minimum required by the support structure, shall be permitted, and, in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches. 4. The equipment shelter shall not exceed seven(7) feet in height. 5. The equipment shelter, all antennas, and any exposed portions of their mounting devices, shall be painted to match the color of the elevator penthouse walls. However, if the antennas in Sector A are mounted to extend above the existing building, they shall be painted a color that provides the least visibility against the sky, subject to approval of the Design Planner. These requirements shall be provided on the plans. 6. The antennas shall be not exceed 48 inches in height, 6-1/2 inches in width, and 8 inches in depth. These size specifications stated herein shall be provided on the plans with schematic drawings. 7. No satellite or microwave dishes shall be permitted in this array. 8. No guy wires shall be permitted. 6 9. No lighting shall be permitted for this the facility, 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 miming 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. Prior to the issuance of a building permit, the following requirements shall be met: 10. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. Prior to the issuance of a Certificate of Occupancy, the following requirement shall be met: 11. The applicant shall provide certification that the height of all the antennas in Sector A comply with the requirement set forth in condition number 2 of this special use permit. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 12. The applicant, or any subsequent owners of the building, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that use the facilities attached to the building, including a drawing indicating which antennas and equipment are associated with each provider. 13. 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. 14. All requests for future co-locations on the University Village building and any future phases or expansions shall either be positioned below the parapet wall, or flush-mounted to existing rooftop utilities and located so that they do not peak above the roofline. ATTACHMENTS: A - Special Use Permit Application and Conceptual Construction Plans B - Parcel and Location Maps C - Photos of the Building and Existing Facilities D - ARB Design Planner's Recommendation 7 County of Albemarle Department of Building Code and ATTACHMENT A 'FICE USEnONJY tC.) TMP_6 0 D iV- - 0 t_' . 'lam ----��(( ^^ �� 0.. ! I Staff AL 1)atc �S Sign# ___.,��6J May. Dist. L l`(( Application for Special Use Permit Project Name urnw www r,:relcr to Om,110 1um11U 11 Ve.l l.±1-1 \.t I !W/\t \I V4L ' Prlr 1 / !(! ,l Y t SII.PoP - 1. --- Z y-) 'Existing Use Proposed Usc r 4.L tC.1/� (i( 6 l 1 . 'Zoning District 'Zoning Ordinance Section number requested (t) • - j(•staff will assist you with these items) I Number of acres to be covered by Special Use Permit tit.Peru..it MIAMI e•d... J.4....0.0 I Is this an amendment to an existing Special Use Permit? 0 1 Ycs10 No G cope-5 j Arc you submitting a site development plan with this application'. 0 Ycs0 No , I Contact Person(whom should we call/wnteconcerning this project'): a 11 C._ _'A/,- "I' I. L�� • . . . I1... /��, �7� / I c�.�. !Addressl,ULIV 1" 1,lLWC T�1C -"- 1 O `����.�( City l hCIY �(� Ll Le Sic UR Zip Daytime Phone (`Z�)91-1- JJo25 5 Fax #`f`�'1 -qSn- 1)5c F-matlVIDYICC&1'UCotW rt.WtlociS.c. I r J �`J j Owner of land (AS itstcd in the County's records): t t1�r'S t \ ■/t�..LAA� '� GAD NPY's `. .�5or Address 5 0 0 e_uk€ --0-.-,--ucr3. .4&. Cit;C ,e(cl 14 eso‘Lid,State A Zip L2-103 Daytime Phone(II-34 ) q11"tgo0 Fax #434 -g77�61 --7 E-mail l�./tL- c'k`-NTN�wz^-.S, (v`'-,-1- I Applicant(who,a the contact person representing'Who is requesting the special use') / \lexkI P4/l l rs Address 11 F-Jerievard Ir. S'k Zob City s(::te\J1 z.n2 Daytime Phone ( ) Fax #9 O- /L& -mati ITax map and parcel D(UI32_'CO- - CO!CC.) Physical Address(ifasstgncd) Sco Ca '�-t-„ ci--d r-. C V��,��i s\/l((_ , V 27 9��3 Location Of property(landmarks.tntcrsecuons.orotncr) IC)Cf..l`F� 1 ��Qr Cr?f-4-4_,tiTl "I �r tsi” (_.-11c,\ lvu- Y a I 1 Does the owner of this property own or kavc any ownership interest in) any abutting property? If ycs, please list I those tax map and parcel numbers t`1 OFFICE USE ONLY of -0-\ -; t �- /‘-'.3a, � ` Fee amount S /:fit;. Date 1'atd �`x—• Check it—/� itccetot a :iv: History. 0 Special Use Permits: 34.N1 As and Proffers: -1 Ili ' Gt.'F ) itf .4 _; f : U Vanances: 0 Lc to of Authorization kJ C ( if'-�t f t t,• _-- 'y Cancurent:cvicw of Site Dcvciopmcnt i'tan' 0 ''cs 0 No 0 Nlcintarc Road •. Charlottesville. VA 2290 Voice: 296-5832 Fax: 97=-4126 8 ATTACHMENT A Describe your request in detail and include all pertinent information such as the numbers U. involved in the use, operating hours,and any unique features of the use: ATTACHMENTS REQUIRED -provide two(2) copies of each: )zi, 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey,please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. 2. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including,but not limited to,the name of a corporation,partnership or association,or in the name of a trust,or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: 3. Drawings or conceptual plans, if any. ❑ - 4. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. s )2- 2- )0 3 SiSOture Date Ihr ; N . `f3 { - % 'j7 - Iiy.3 Printed Name Daytime phone number of Signatory 9 ATTACHMENT A University Village (Nextel Partners, Inc. — VA060P) What is the comprehensive plan designation for this property'? • • Urban Density Residential How will the proposed special use affect adjacent property? • The proposed facility will not adversely affect adjacent property because its visibility from adjacent properties will be extremely minimal. The antennas will be flush- mounted to the building and will be painted to match the building. The radio cabinet and supporting equipment and materials will be located on the roof of the building, which will screen it from the view of adjacent properties. How will the proposed special use affect the character of the district surrounding the property? • The proposed wireless telecommunications facility will not have an adverse impact on the character of the district surrounding the property. The facility is not inconsistent with the existing development in the area, since it will be minimally visible, if at all, from adjacent properties, will not generate additional traffic or development, and preserves the character of the area. With its location on the existing University Village building, the proposed facility will be nearly invisible from other properties How is the use in harmony with the purpose and intent of the Zoning Ordinance'? • The proposed facility is consistent with the County's preference for the use of existing structures for the collocation of wireless telecommunications facilities, and for the use of flush-mounted panel antennas. In addition, wireless telecommunications services provide an important public service to the community by creating a "convenient, attractive, and harmonious community," consistent with the intent of the Zoning Ordinance. More importantly, wireless telecommunications provides emergency communications for individuals, businesses and tourists in Albemarle County, an important component of public health and safety. How is the use in harmony with the uses permitted by-right in the district'? • The proposed facility is in harmony with the uses permitted by-right in the district. It will not restrict the current uses or other by-right uses available at this property or by- right uses on any other property. 10 ATTACHMENT A What additional regulations provided in Section 5.0 of the Zoning Ordinance apply for this use? • Section 5.1.12, which outlines public utility structures and uses, and Section 5.140 regarding Personal Wireless Service Facilities How will this use promote the public health, safety, and general welfare of this community? • The proposed facility will provide increased and improved wireless telecommunications services to this portion of Albemarle County, especially emergency communications, and will increase overall communication services. Emergency communications is an important component of the provision of public health and safety. Describe you1request in detail and include all pertinent information such as numbers of persons involved in the use, operating hours, and unique features of the use: Nextel Partners, Inc. ("Nextel Partners") requests a special use permit to construct, maintain and manage a wireless telecommunications facility on property owned by the University Village Owners Association, identified as tax map parcel 60B?- 1, and located in the Jack Jouett Magisterial District. The facility would be located on the existing University Village building, and would consist of a total of twelve antennas mounted in groups of three sectors. The dimensions of the antennas would be 48" long x 6.5' wide x 8" deep. The required radio cabinet and ice bridge will be mounted on the roof of the building and would be screened from adjacent properties and roadways. The facility will not be lit unless so required by the Federal Aviation Administration. Nextel Partners' FCC license requires it to operate its system in a defined service region using designated radio frequencies. Each site must be precisely located relative to other facilities within the network to ensure that Nextel Partners complies with the terms of its license. The network requires a facility at this location to avoid a gap in service to this portion of Albemarle County. Nextel Partners carefully selected and designed the proposed facility to provide a structure that provides adequate height and range of coverage, minimizing the visual impact of the proposed facility on adjacent or nearby properties. Location of the facility on this building will enable Nextel Partners to construct the facility absent any grading, clearing, or other land disturbance. The subject parcel is zoned R-10 Residential. The surrounding properties within 2000 feet of the proposed facility are primarily used for urban density residential purposes, commercial purposes, and for educational purposes (St. Anne's Belfield School. North Grounds of the University of Virginia). Included with our application is a large copy of the topographical map of the property. On this topographical map. we ha\e drawn a 2000-foot radius around the location of the proposed facility. Nextel Partners expects that the facility will only be minimally visible, if at all, from the Entrance lit ATTACHMENT A Corridor and surrounding properties. This building is ideally situated for a wireless telecommunications facility, due to its height above the trees and location relative to major thoroughfares. The proposed facility was designed to strictly comply with the County's wireless design manual. The antenna panels will be flush-mounted to the building and will be painted to match the building. Once constructed, the facility will be visited approximately one time per month for routine maintenance checks. The facility will not impact the provision of services by Albemarle County. As a telecommunications facility. this proposal will serve the public health and safety of the community by fostering increased communications, especially emergency communications. Most importantly, due to its design and precise location and siting, the facility will only be minimally visible from nearby roads and residences. \\REA\1 63591.1 \c‘.e. t-_ \,;k,.�._1 ATTACHMENT A -- • -- cN12I� ��. y i (1 Section 2. Election of Officers. The officers of the Condominium shall be elected annually by the Board of Directors at the organizational meeting of each new Board of Directors and shall • hold office at the pleasure of the Board of Directors. Any vacancy in an office shall be filled by the Board of Directors at a regular meeting or special meeting called for such purpose. Section 3. Removal of Officers. Upon the affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor may be elected at any regular meeting of the Board of Directors, or at any special meeting of the Board of Directors called for such ur ose. Amended P P October 1997 Section 4. President. The President shall be the chief executive of the Condominium. He shall have all of the general powers and duties which are incident to the office of president of a stock corporation organized under the Stock Corporation Act of the Commonwealth of Virginia, including, but not limited to, the power to appoint committees from among the Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Condominium and shall have all the powers and duties of the principal officer of a unit owners' association under the Virginia Condominium Act. Section 5. Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act, unless the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President. Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the University Village Owners' Association and of the Board of Directors; he shall have charge of such books and papers as the Board of Directors may direct, and he shall, in general, perform all the duties incident to the office of secretary of a stock corporation organized under the Stock Corporation Act of the Commonwealth of Virginia. 3 1 3 ATTACHMENT A >,1 - w C -. 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'.. 0 0 4. 3 O 4 al, i p 1 G w U 7 w 4`-'0 4 3 11l 1 ATTACHMENT A 2003 ANNUAL REPORT CONTINUED DUE DATE: 08/29/03 CORPORATE ID: 0345824-7 DIRECTORS AND PRINCIPAL OFFICERS (Continued): All directors and principal officers must be listed An individual may be designated as both a director and an officer Mark appropriate box unless area below is blank: If information at lower left is incorrect or blank,please mark appropriate box FIntormation is correct Information is incorrect I I Delete Information and enter information below: I Correction g.Add ilIon ^Reolacement OFFICER DIRECTOR x OFFICER 7,-LDIRECTORFR NAME. ROBERT HUSTON NAME: W'% pr o-n. ( c`S ao TITLE. TREASURER TITLE. U�c�- Pn`="�;d`2"'- ADDRESS 500 CRESTWOOD DR #2608 ADDRESS: SOU C /1 CITY/ST/ZIP. CHARLOTTESVILLE, VA 22903 CITY/ST/ZIP:C`---,o.rAgr -w`,`\� V« arac■03 Mark appropriate box unless area below is blank: If information at lower left is incorrect or blank,please mark appropriate box ri Information is correct E} Information is incorrect [1 ,_p Delete Information and enter information below. Correction Y.Addition Reolacement OFFICER X DIRECTOR 41 OFFICER[.DIRECTOR NAME: JAMES NORTON NAME: U‘k(sca t■v c� .c � tuS TITLE: Pc\ TITLE: S ADDRESS 500 CRESTWOOD DR #2208 ADDRESS: SCC r-j\-urn\ a��{ CITY/ST/ZIP CHARLO I TESVI LLE , VA 22903 CITY/ST/ZIP: 0A-\ -3■.) r \■� \)( . a'3.Q1O3 Mark appropriate box unless area below is blank: If information at lower left is incorrect or blank,please mark appropriate box U Information is correct I I Information is incorrect Delete Information and enter information below: ICorrection I Addition I ;Renlacement OFFICER x DIRECTOR OFFICER DIRECTOR NAME: MARTIN PALMER NAME TITLE: MEMBER TITLE: ADDRESS 500 CRESTWOOD DR #1509 ADDRESS: CITY/ST/ZIP. CHARLOTTESVILLE, VA 22903 CITY/ST/ZIP Mark appropriate box unless area below is blank: If information at lower left is incorrect or blank,please mark appropriate box �( ar.-I PnIPr nrnrmahnn r,Ptr,,,., I I rnrrar ,n„„ I I or♦rt�r∎on I I P.nlar•Pr.,P.,, I Information is correct v-�J Information is incorrect I I Delete Information OFFICER x DIRECTOR OFFICER DIRECTOR NAME. DAVID WOOD JR NAME. TITLE: MEMBER TITLE: ADDRESS 500 CRESTWOOD DRIVE # x.01 ADDRESS: I t CITY!ST/ZIP CHARLOTTESVILLE, VA 22703 CITY/ST/ZIP 0224 1 ATTACHMENT A 2•31 n�o o,tic I Xal I ��MftIYtJO.QtiYilrQy•io cter at",• I ere' .vArwr-srt • / (j� V • t •• cA wrco ..agwmrvywo • ate M,.�evi Z I I .O'ea►Ldrd=" / /.4avvvrey ;� /Ve t... i� �.` ,-e.1! Q7il.97AM1/ , • � r •" J,/ • R. b r� , /� .i • ti. V• ` . J / • r ��-! / T wok% tea:- J� 7..-- G4�csr C °l )\1�$ I al/XI, Avo IPI 4144'47 m ,7.AO 4aes/ i ■i 'I i . / s p /,� ■* r 6'''// ff/�/Q�T .D_ "u d' 1 f4. /GiEN75 �! UN/14 Q,S/TYI'/LL E' --_._ -- A C V /N//1.f1 /j'•'�Nn - 04L416•4/•rl4GYEL�YW/7 NO /N/4 .APP%4getra34.6v r,Kt, 1E/%/t22' zeCE.NQC.4 J. /550 a a.cs, 4 di/q., I A44Y E-TANDACCIIIX"/re5 lsr v o.?c.00 lcrrsys i 44.K. rSIS 16 Message ATTACHMENT A Stephen Waller From: Long, Valerie W. [vlong @mcguirewoods.com] Sent: Wednesday, November 05, 2003 2:12 PM To: Stephen Waller Cc: Rolynn Eubank(Rolynn.Eubank @NextelPartners.com) Subject: Nextel Partners- University Village (SP 03-069) Stephen: The only change to the Nextel Partners University Village plans is that the proposed equipment shelter will be replaced by a smaller equipment cabinet. The dimensions are roughly the same, although the new cabinet will be only 7 feet high (compared to the equipment shelter that was to be 10 feet high). A few weeks ago University Village asked Nextel Partners to revise the location of the panel antennas as well as replacing the equipment shelter with the smaller cabinet. So Nextel had these changes made to the plans, and we were prepared to submit them to you today, but when Nextel met with University Village this morning they advised that they have again changed their minds and they want the location of the antennas to remain the same. So now the plans that we were planning to submit to you today are not what University Village now wants. So the plans that you have that we submitted with our application are accurate except that that shelter shown on the plans will be replaced with the shorter equipment cabinet. I'm hoping you can continue to review the application with this in mind, and that if we resubmit the revised plans showing the smaller cabinet by the end of the week we can stay on schedule. Can you please give me a quick call at 977-2545 to let me know if this will work? I appreciate your help. Thanks, Valerie Valerie W.Long Associate McGuireWoods LLP 310 4th Street,NE,Suite 300 Charlottesville,Virginia 22902 434.977.2545(Direct Line) 434.980.2265(Direct FAX) vlong @mcguirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient,please advise by return e-mail and delete immediately without reading or forwarding to others. 17 11/12/2003 I. -, • , 4.• , g d W N Z =1 m R 8 8 C) X 2N � � � 4400 m D 'A n - 0 OOOn> A00 Z Z O T A Q C C L z fl ; j i� Z Z m Z 1 0 Z K N T O • Z c O p A Z n 0 5 g I O m . m 0 r Z0 C o O v O IA.14. Z - . 5' ^ I p LU ; k ! Ju C C E, 8 w UI O o0 i 8�'r. 41.4.- p,„, 5 \4.4 ..0 ___.,...„.... 17 ,..:., ,, rn co '02 rn Z Z 0 O -. f 1.:,, 1 \ ! Z m o `� Z It tnrnmn� Or • III < cf) X 0..... r:i) x ..-1 T D `` `; A m x r Y x. r; •q�l: Cj i 4~4* . m O C I.< rells r < 0OZ 4j f 6 C) D3 ,�: • � -y ,. • Vim, I z 0 O C .. N"a: �, Z■�■ CI) •* 4 4, ,e- --,-- .''`,.,,,,. 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I m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 r C I nx 3 3 3 3 3 3 3 3 3 3 3 3 m r' r 1 (77 .. 0 0z • m3 A oZ m O O O O O O O O O O O O Z�CD 1 0xi �r 1-1 K0 0 �< O • N N p D p p N N N N N N Z o u z -1 1 r 1 f 44 3+4 m n i Re = C o m 1s A w :v -. o 0 °o D »l �e C ® O m m co` ° n ¢ -( et-',i.,,' R I o O r r 0 z IIIiUp�' A -33 C V -1 d � mNn� =T3 o o (n z N. m —I C W C �y� ° (NjD= Dom -I (�yC N N �� z n 4,04 171 . C (° °y Z ” 0 n .t xi ����b�� D -� D O v n w (n m Z ., Z rn -13 ATTACHMENT B �m;a�a o n m m -mgt 0 : HII \'__ _ ° BWdo � C ejROw••• � . , �i�cT°_. 46. �c � F 0.� �tiT T as m m 2'6 �s S �y ----------fry , V,1. oad (15b'Ei- qMit. m m Q 29 BY PAS EXPW --1 D C-\-- co o •I '� /:. ,I.CO ER 13 5 '' w m O n , fD � / 1 '(::) F .•'�••� \j)).-S .y—+ T S LLFRIED 491 c% ••%. GWAN SYCgMOR:•LN •••:q I it CO Wee, ••+i �' IN D • N I \;� F�N<kNFRW tODH T / q y RD SA) /tea 1 A. O I `_ cn S) r ro \ 4' .-)--,70. _ i /�\ , \ti � i\ l . tMr8T7 / T // "-----L---- ..c' ,/ i 'i ",41 ATTACHMENT B ,myaoa o �'^m ti_MO m z / �_\ ^\ 9. 1g)§ -,)H e c �� �� �A r/"r 0 �. ,;,, 9,y9q cn y 7-a'1,. / CO°1 'N+4%. / N a �� 41 4 4 P//ii4 ...ihl, o, ,, ihhi,,, , .4-b.,,,„..„. , N ...... 0 , _. , ,/1 i ir."(_:- • . _ ., . zli ,:z7,/ iiiiik •-, • .a /I Z. W M //f!1 y WM I # ill .0C .. ..• is C 'vim^ '� co a1 W :II 1 �� co IA o D 1 // E1/ .47.-.. ,,,, 7...... ::! ......1 '♦��� I/ d J co ii ; ---- 110111141M••••11•1•1161=1111•111141 . I / V..1111•.1111.a•••.•sNS..IMIut _qw/ACii .... i \ , , 1 .---"----.■----" '''NZ4, _/_. I 1----gyp,7'/''' '' s.\'1 jr- ,' cilia /? �� `�\\,, . ----- _, 2 - / • _, a' �` l } � 1 C' /: a.f ________,,,,j 4? ' ,. 4. . fl) k j 4 , ----'-'-' Pk / aL______.....>y,.......,/-----,,, __, #.444ci if - C),/7/ --/V-; \ cn ,.4 ci " ATTACHMENT C . . • sits: .... #1► '11101::: �_ ;-s . Y. wit 4. . .► ,fir io ATTACHMENT C ., ; 1 t1 1 _ ./...#>i.l.i,. *'0. 00 *aa . � . _.- r .. 0011011161111"4" 1$ Ai 7.7 25 t� ATTACHMENT C taw Oa. Ep yy� y . ATTACHMENT C • • • • .x a r 7-1 ATTACHMENT C / 11 b 1. pp , ,4„r, eW i, see: t � 1 RI . . au. 28 ATTACHMENT D Albemarle County Development Departments S P-2003-069 SPIN Submission and Comment University Village Nextel Partners VA060P PWSF Architectural Review Board revision 2 reviewer received reviewe decision Margaret Maliszewski 9/4/2003 10/3/2003 requested changes Although the building is minimally visible from the Bypass Entrance Corridor, the size of the proposed antennas and equipment cabinet, and their distance from the EC is such that visibility of those items is not expected to be significant. The proposed antennas and related equipment are not expected to have a negative impact on the EC, if treated appropriately. I have the following comments and recommended conditions: 1. Revise the plans to indicate that the color of the new equipment shelter will match the color of the existing elevator penthouse. 2. Revise the plans to include the sizes of the antennas. It is my understanding that the antennas are proposed to measure 48"x 6.5"x 8"deep. (The description provided by the applicant indicates that the antennas will be 6.5'wide. I assume this is meant to be inches, not feet.) 3. Revise the plans to include the proposed color of the Sector A antennas. (Because these antennas rise above the building, they can not be colored to match the building behind them.)The color should provide for the least visibility of the antennas. 4. Revise the plans to indicate that the height of the tallest antenna shall not exceed the height of the tallest existing antenna, as measured above sea level. Because of the limited visibility and the fact that the proposed changes are similar to existing conditions, I do not believe this project needs to go to the ARB, if the above-noted issues can be resolved. 11/10/2003 05:16 PM Page 1 of 1 9 et