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HomeMy WebLinkAbout2003-08-13 ACTIONS Board of SuPervisors Meeting of August 13, 2003 August 14, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. · Meeting was called to Order at 6:00 p.m., by the Chairman, Mr. Dottier. All BOS members were present. Also present were Tom Foley, Larry Davis, Wayne Cilimberg and Ella Carey. 4. From the Public: Matters Not Listed on the Agenda. · There were none. 5.2 Approval of Appraisals from Year 2002-03 ACE applicants. · APPROVED the five appraisals by Hallmark Properties for applications from the year 2002-03 applicant pool. 5.3 Adopt resolution approving filing of application to the Virginia Public School Authority for a loan in a principal amount not to exceed $7,205,000. · ADOPTED Resolution, as requested by the School Board, authorizing the County's application to the Virginia Public School Authority fo.r $7,205,000 in bond revenues. 5.4 Authorize County Executive to sign revised lease with Lewis and Clark Exploratory Center for portion of Towe Park. · AUTHORIZED County Executive to sign revised lease, with minor modifications as noted, on behalf of the County. . 5.5 Proclamation recognizing August 26, 2003 as Women's Equality Day. · ADOPTED and presented to Kobby Hoffman, a representative of NOW. 5.6 Proclamation designating August 26 through August 31,2003 as Albemarle County Fair Week. · ADOPTED. 5a. Adopt Resolution Approving Final Terms of Financing for 800 MHz Radio System. · ADOPTED Resolution authorizing staff to approve the final terms of the financing and authorizing the County Executive to execute the necessary document. 6~ SP-2003-26. Clear Channel Broadcastin.q Amendment (Signs #10&11). · APPROVED SP-2003-26, by a vote of 4:2, subject to 9 conditions. SP-2003-33. Orrock (Ntelos) (Siqn #23). APPROVED SP-2003-33, by a vote of 6:0, subject to 22 conditions. 8. SP-2003-34. Wood (Triton PCS) (Si.qn #24). · APPROVED SP-2003-34, by a vote of 6:0, subject to 13 conditions. 9. SP-2003-35. Jensen (Triton PCS) (Siqn #25). · APPROVED SP-2003-35, by a vote of 6:0, subject to 15 conditions. Ches Goodall: Proceed as approved. Clerk: Forward six original signed and sealed copies to Melvin Breeden with copies to appropriate individuals. (Attachment 1) County Attorney's office: Forward lease to County Executive for signature and provide copy of signed document to Clerk's office for files. (Attachment 2) Clerk: FOrward to Barbara Shiffiett of the Albemarle County Fair Board of Directors. (Attachment 3) Clerk; Forward signed resolution to Tom Hanson with copies to County Executive's staff. (Attachment 5) Clerk: Set out conditions of approval. (Attachment 4) Clerk: Set out conditions of approval. (Attachment 4) Clerk: Set out conditions of approval. (Attachment 4) clerk: set out conditions of approval. (Attachment 4) 10. SP-2003-36~ Orrock (Triton PCS) ($i(~n #28). APPROVED SP-2003-36, by a vote of 6:0, subject to 13 conditions. 11. SP-2003-37. Moyer (Triton PCS) (Si~n #29}. APPROVED SP-2003-37, by a vote of 6:0, subject to 15 conditions. 12. SP-2003-38. Sweeney (Triton PCS) (Siqn #30). - APPROVED SP-2003-38, by a vote of 6:0, subject to 14 conditions. 13. SP-2003-39. Winston (Triton PCS) ($,i,qns # 33&36). APPROVED SP-2003-039, by a vote of 6:0, subject to 15 conditions. 14. SP-2003.40. Tomlin (Triton PCS) (Si,qn #40). · APPROVED SP-2003-40, by a vote of 6:0, subject to 13 conditions. 15. SP-2003-45. American Tower.LP (Shadwell) .Amendment (Si,qns #55&67). - APPROVED SP-2003-45, by a vote of 6:0, on a request by the applicant for relief from condition #2f of SP-01-38: "No building permit shall be issued for a Nextel Partners antenna until a written certification is obtained from the Emergency Communications Center (ECC) that it will not unreasonably interfere with the proposed ECC 800 mhz communications system.~ All remaining conditions of SP-01-38 shall remain in effect. 16. ZMA-2001-15. Martha Jefferson Hospital ~, Peter Jefferson Place (Si,qn g85). · APPROVED ZMA-2001-15, by a vote of 5:0 (Rooker abstained), subject to the proffers as submitted and signed by the applicants. 17..$..p-2001-56, Martha Jefferson, Hospital ~_, Peter Jefferson Place (Si.qn #89). APPROVED $P-2001-56, by a vote of 5:0 (Rooker abstained), subject to I condition. 18. Sp-2Q01-57. Martha Jefferson Hospital ~ Peter Jefferson Place (Si~n #85}. · APPROVED SP-2001-57, by a vote of 5:0 (Rooker abstained), subject to 1 condition. 20. From the Board: Matters Not Listed on the Agenda. · Ms. Thomas and Mr. Bowerman complimented staff on the County's new website. · Charles Martin said he may not be present for the Board's Strategic Planning Retreat on September 6th. 21. Adjourn. * At 7:20 p.m., the meeting was adjourned. . Clerk: Set out conditions of approval. (Attachment 4) Clerk: Set out conditions of approval. (Attachment 4) Cie .rk: Set out conditions of approval. (Attachment 4) Clerk: Set out conditions of approval. (Attachment 4) .Clerk: Set out conditions of approval. (Attachment 4) Clerk: Set out proffers. (Attachment 4) Clerk: Set out condition of approval. (Attachment 4) Clerk: Set out condition of approval. (Attachment 4) /ewc Attachment 1 - VPSA Resolution Attachment 2 - Women's Equality Day Proclamation Attachment 3 - Albemarle County Fair Week Proclamation Attachment 4 - Planning Conditions of Approval Attachment 5 - 800 MHz Radio Financing Resolution Attachment At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 13th day of August, 2003, at the time and place established by such Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent during the voting for the resolution referred to below: PRESENT: David P. Bowerman; Lindsay G. Dorder, Jr.; Charles S. Martin Walter F. Perkins; Dennis S. Rooker and Sally H. Thomas ABSENT: None. the following resolution was adopted by the affirmative mil call vote of a majodty of all members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Mr. Bowerman Aye Mr. Dorrier Aye Mr. Martin Aye Mr. Perkins Aye Mr. Ro0ker Aye Ms. Thomas Aye RESOLUTION APPROVING THE FLUNG OF AN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN APPROXIMATE PRINCIPAL AMOUNT OF $7,205,000 WHEREAS, the Board of Supervisors (the ~Board") of Albemarle County, Virginia (the ~County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and desirable for the County to undertake capital improvements for its public school system; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board hereby approves the filing of an application with the Virginia Public School Authority for a loan to the County in an approximate principal amount of $7,205,000 to finance capital improvements for its public school system. The County Executive, in collaboration with the other officers of the County and the Albemarle County School Board, is hereby authorized and directed to complete an application and deliver it to the Virginia Public School Authority. 2. This resolution shall take effect immediately. WOMEN'S EQUALITY DAY Attachment 2 WHEREAS, many decades of efforts by women and men were required to give women the right to vote; and WHEREAS, citizens must always be willing to work to assure that the laws and policies in the Commonwealth of Vi~inia, the united States of America, and this County do not unjustly discrlrninate against females, and any other group; and WHEREAS, unjust treatment based on views of inequality is often subtle; and WHEREAS, it is appropriate for this County (o recognize a day that commemorates the passage of the lgth Amendment to the ConStitution of the United States, the amendment that gave the right of suffrage to American women; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby proclaim August 26, 2003 as WOMEN'S EQUALITY DAY in remembrance of all those women and men who have worked to develop a more equitable community that acknowledges both the real similarities and the important differences be[ween women and men; and BE IT FURTHER RESOLVED that the Board of Supervisors urges all citizens to eliminate all unjust discrimination and prejudice against women, and ensure equality of rights, privileges, and responsibilities fo~ all women and men. Signed and sealed this 13th day of AuguSt, 2003. 4 ALBEMARLE COUNTY FAiR WEEK Attachment 3 WHEREAS, for the past 22. years, the Albemarle County Fair has entertained tens of thousands of guests during its annual production; and WHEREAS, the Albemarle County Fair is unique in many ways, founded by a group of community spirited people who wanted something special for their neighbors and friends to enjoy and enrich their lives. The theme has always emphasized the County's agricultural and forestal heritage; and WHEREAS, the Albemarle County Fair is a non-profit corporation operated by dedicated volunteers, officers and directors; and WHEREAS, the Albemarle County Fair offers an atmosphere conducive to families and their children. A friendly, safe, carefree atmosphere is the hallmark of the event. Unique in the state in that all food and drink is sold by local non-profit organizations as an opportunity for them to raise monies for their worthwhile programs; and WHEREAS, the Albemarle County Fair supports agricultural and rural lifestyles, offers exhibits of home-art skills, crops, large livestock, small livestock and poultry, with competilfons in livestock and numerous other farm skills, and nightly entertainment for ali to enjoy; NOW, THEREFORE, I, Lindsay G. Dorrler, Jr., Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby proclaim the week of AUGUST26, 2.003 THROUGH AUGUST 3~, 2003 ALBEMARLE COUNTY FAIR WEEK and urge all citizens to actively participate in the scheduled activities and programs sponsored and supported by the more than 250 local volunteers, public and area businesses. Attachment 4 CONDITIONS OF APPROVAL Agenda Item No. 6. SP-2003-26...Clear Channel Broadcastin,q Amendment (Siqns #10&11). Public hearing on a request to allow co-location of an array of 9 add'l antennas at approx 155 feet on existing 180-foot tall lattice tower, with 3 add'i ground equipment cabinets, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 46, P 15, contains approx 10.31 acs. Znd PA. LocW of Rt 29 N on Rt 643 (Rio Mills Rd), approx 1/2-mile N of S Fork of the Rivanna River. Rio Dist. 1. All work shall be done in general accord with that described in the applicant's request and site construction plans, entitled =Omnipoint (ATC-Charlottesville)~, last revised on February 5, 2003; 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 C-2 of the construction plans, 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 any safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance pedods; 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. The current owner and any subsequent owners of the tower and its supporting facilities 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;, 6. 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; 7. 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 without an amendment of this special use permit; 8. This special use permit must be amended to allow either of the two 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. 9. No existing trees within two hundred (200) feet of the facility shall be removed for the purpose of installing the preposed antennas or any supporting ground equipment. Should any of the trees within two hundred (200) feet of the tower be removed for the purpose of creating a public or private right-of-way, the party or company holding the tower in ownership shall install trees to adequately screen the facility's ground equipment from adjacent properties and roadways. Agenda Item No. 7. Sp-2003-33. Orrock (Ntelos} (Si;n #23}. Public hearing on a request for an extension of the period of validity for an existing SUP that was approved to allow installation of personal wireless service fac w/95-foot tall steel monopole & related ground equipment, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 92, P 5, contains approx 15.61 acs. Loc off of Rt 53, approx 1/8 mile W of intersec w/Rt 732 (Milton Rd). Znd RA&EC. 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 pole, the ground equipment building, and any antennas shall be sized, located and built in general accord with the application plan entitled, "Orrock (CV 327)", and dated July 12, 2003; 2. The total pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation; 3. The diameter of the pole shall not exceed thirty-six (36) inches at its base, and twenty (20) inches at the top; 4. The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet above the top of the to of the tallest tree within twenty-five (25) feet. This condition currently refers to the eighty-nine (89)-foot tall tree, which is identified as number thirty-seven (37) in the construction plans. In no case shall the pole exceed ninety-five (95) feet in total height without prior approval of an amendment to this special use permit or personal wireless facility permit; 5. if the tree identified as number thirty-seven (37) dies, or is removed or damaged beyond any reasonable form of remedy that can be recommended by a certified arborist, the maximum pole height shall either be reduced to meet the limitations set in condition number 4, or an amendment to this special use permit shall be filed within ninety (90) days; The monopole shall be painted a natural brown that is consistent with the color of the bark of trees surrounding the site; 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; 8. 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; 9. No satellite or microwave dishes shall be permitted on the monopole; 10. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; 11. No guy wires shall be permitted; 12. 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 par of the shield or shielding part of the iuminaire. For the purposes of this condition, a iuminaire 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 13. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a buildin,q permit the following must be m..et: 14. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator; 15. 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 perrnittee 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 With the Building Permit Application, the applicant shall submit the final revised set of site construction drawings for 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. After,the, completion of the pole installation and prior, to the issuance of a Ce .rtificate of .ocqupancy or to any facility operation, the followinf:l shall be met: 17. 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, 18. Certification confirming that the grounding rod: a) height does not exceed two (2) feet above the tower; and b) width does not exceed a diameter of one (1) inch, shall be provided to the Zoning Administrator; and 19. 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. completio, n of the pole installation .and. issuance of a.. certificate of occupancy, .the followin.cl shall be met: 20. 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 identity 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;, 21. The applicant, or any subsequent owners of the facility shall submit a report detailing the health and stability of the tallest tree within twenty-fh/e (25) feet of the monopole, prepared by a certified arborist, to the Zoning Administrator by July 1 in the years of 2006 and 2009. Within ninety (90) days of submitting those reports, the owner shall be responsible for performing any additional tree conservation and protection techniques as recommended by the arborist and approved by the Zoning Administrator; 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. Agenda Item No. 8. SP-2003~34. Wood (Triton PCS) {SiCln #24). Public hearing on a 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 g Zoning Ord. TM 88, P 26, contains approx 71.34 acs. Loc on Rt 745 (Arrowhead Valley Rd), just E of Rt 29 S. Znd RA&EC. Samuel Miller Dist. The facility shall.be designed, c0n~tructed and maintained, as, .[.o. lloWs: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, =Wood-Arrowhead (Triton PCS)', last revised Apdl 21, 2003 and provided with Attachment A in the July 22, 2003 staff report, Panel antennas shall not exceed r~/e (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 six (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-01-03; 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 through 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 bui!din~J permit, the followin,q requirements, shall bp 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 ins'Kle 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 th is 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 one thousand (1,000) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within two hundred (200) feet of the faCility site, after the installation of the subject faCility and 11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. After the issuance of a Certificate of Occupancy. the followina ,requirements shall be met: 12. 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 13. Ail 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. Agenda item No. 9. $P-200...3..35. Jensen (Triton PCS) (Sian #25). Public hearing on a 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 62, P 91, contains 3.01 acs. Loc on Rt. 20 (Stony Point Rd), approx 3 miles from the intersection of Rt 250 & Rt 20. Znd RA&EC, Rivanna Dist. The facility shall be..desi,qned., 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, "Jensen (Triton PCS)", last revised April 15, 2003 and provided with Attachment B in the July 22, 2003 staff 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 sixty, nine (69) feet in height, and shall be sized as originally approved with special use permit SP 01-05; 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 through 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. Pdor to the issuance of a buildin.e oermit, the followinQ rec~uirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arbodst, 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; and 11. The antenna details entitled ~tri-bracket mount plan' and "isometric td-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number four (4) of this special use permit. After the issuance of a Certifi .cate of Occupancy, the followin.q requirements, shall be met: 12. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July I 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; 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. No trees or significant vegetation shall be removed from the area bounded by the access easement from State Route 20 to the facility site, the utility easement ac, mss Parcels 89 and 91, the westernmost boundary of Parcel 91, and property lines of Parcels 89 and 91 along Route 20. The area subject to this condition was originally addressed specifically with the approval of special use permit SP 01-05 and is shown on page C-1 of the latest revised plans entitled, ~Jensen (Triton PCS)", last revised April 15, 2003; and 15. The trimming, c~ing, or removal of the eighty-eight (88) foot tall tree located five hundred and eighty-five (585) feet from the monopole, as identified on the attached plan Page SP-2, date stamped May 10, 2001, from the originally approved special use permit (SP 01-05) plan entitled Jensen, is prohibited. Any occurrence that destroys or reduces the height or volume of the tree shall constitute grounds for the Board of Supervisors to void the special use permit if it determines that the change in condition of the trees requires a modification of the facility to mitigate its visibility. Agenda Item No. 10. SP,2003-36. Orrock (Triton P. CS) (Siqn #28). Public hearing on a request to allow installation of new ground equipment supporting new digital technology, E-911 services & the replacement of antennas at an existing personal wireleSs services facility, in accord w/Sec t0.2.2.6 of the Zoning Ord. TM 92, P 5, contains approx 15.61 acs. Loc off of St Rt 53, approx 1t8 mile W of the intersec w/Rt 732 (Milton Rd). Znd RA&EC. Scottsville Dist. The facility shall be desi.qned, 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, "Orrock (Triton PCS)~, last revised Apdl 15, 2003 and provided with Attachment C in the July 22, 2003 staff 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 eighty (80) feet in height, and shall be sized as originally approved with special use permit SP 00-77; 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 (t2) inches; 5. No satellite or microwave dishes shall be permitted on the monopole; 6. No antennas or equipment, with the exception of a grounding red, shall be located above the top 11 of the pole; No guy wires shall be permitted; 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 through the lowest pert of the shield or shielding part of the iuminaire, For the purposes of this condition, a iuminaire 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 The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to.the issua.nce of a build[n.q permit, the followin.q requirements .shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arbodst, 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; and 11. The antenna details entitled "tri-bracket mount plan" and ~isometdc tri-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number four (4) of this special use permit. After the i .ssuance Of a Certificate of Occupancy, the follow!n,q requirements shall be met: 12. 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 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. Agenda Item No. 11. SP-2003-37. Mover (Triton. PCS) (Sicm #29). Public hearing on a request to allow installation of new ground equipment supporting new digital technology, E-911 services & the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 92, P 56B3. Loc on Rt 53 (1863 Thomas Jefferson Pkway), between Gobblers Ridge & Mountain Brook Dr. Znd RA&EC. Scottsville Dist. The facility shall be desi.qned, constructed and maipta, ined as follows: 1. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, %'Ventworth Farm (Triton PCS)", last revised April 15, 2003 and provided with Attachment D in the July 22, 2003 staff 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 00-44; 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; 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; No satellite or microwave dishes shall be permitted on the monopole; No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; NO guy wires shall be permitted; 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 tuminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through 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 The permittee shall comply with section 5.1.12 of the Zoning Ordinance, Fencing of the lease area shall not be permitted, p.dor to the issuance of a building perm. it, 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 bo 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; 11. The antenna details entitled ~td-bracket mount plan" and ~isometric td-bracket mount plan" on Page C-5 of the Construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number four (4) of this special use permit; 12. The "new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number six (6) of this special use permit; and 13. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After. the.issuance of a Certificate of Occupancy, the following requirements. Shall be ~net: 14. 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 15. 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 13 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 typo of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. Agenda Item No. 12. SP-2003.38. Sweenev {Triton PCS)~(Si,qn#30). Public hearing on a request to allow installation of new ground equipment supporting new digital technology, E-911 services & the replacement of antennas at an existing porsonai wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 94, P 17. Loc on Rt 53 (2670 Thomas Jefferson Pkway), E of St Rt 729. Znd RA&EC. Scottsviile Dist. The facility shall be desiQned, 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, ~Carroll Creek (Triton PCS)", last revised Apdl 15, 2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed five (5) feet in height and one (1) foot in width; The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopole shall never exceed six (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 00-45; 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 pormitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to poriods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through 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. ~dor to the issuance of a buildinQ oermit, the f011owin,q requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developod 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 spocial 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; 11. The "new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number six (6) of this spocial use permit; and 14 12. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuan.ce o..f. a Certificate. of.Occur)ancv, the followina reauirements shall be met: 13. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July I 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 14. 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. Agenda Item No. 13. $P-2003-39. Wi.nston (T .riton PCS) (Si,qns # 33&36). Public hearing on a request to allow installation of new ground equipment supporting new digital technology, E-911 services & the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 Of the Zoning Ord. TM 106, P 7. Loc on the N side of Rt 53 (Thomas Jefferson Pkway) approx 2,000 feet from the Fluvanna County Line. Znd PA&. Scottsville 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, "Snow Hill (Triton PCS)", last revised April 16, 2003 and provided with Attachment A in the July 22, 2003 staff 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- t'rve (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-46; 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 iuminaire shall be fully shielded such that all light 'emitted is projected below a horizontal plane running through 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. Prio. r to the issuance of a building permit, the followina reauirements shall be met: 10. 11. 12. 13. 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. Ali 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; The antenna details entitled "tri-bracket mount plan" and "isometric tri-bracket mount plan' on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number four (4) of this special use permit; The "new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number sD((6) of this special use permit; and The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuance of a CertificRte .o..f Occupancy, the followin,q.requirements shall be met: 14. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July I 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 provide~, and 15. 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. Agenda Item No. 14..SP-2003-40. Tomlin {Triton PCS).(Si,qn #4~), Public hearing on a request to allow installation of new ground equipment supporting new digital technology, E-911 services & the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 75, P 9, contains 10.326 acs. Loc at 1064 Goodwin Farm Lane. Goodwin Farm Lane is off 29 S, approx 2 miles S of 1-64. Znd RA&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, "Tomlin (Triton PCS)", last revised April 16, 2003 and provided with Attachment A in the July 22, 2003 staff 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 00-50; 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 (I2) inches; No satellite or microwave dishes shall be permitted on the monopole; No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; No guy wires shall be permitted; 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 through 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 The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Pdor tothe issuance of a buildin~ r)ermit, the followinQ requirements sha. Jl 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. Ail 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 11. The antenna details entitled "tri-bracket mount plan" and 'isometric td~bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condifion number four (4) 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 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 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. Agenda Item No. 16. ZMA-2001-t5. Martha Jefferson Hospital ~. Peter Jefferson .Place (Siqn #85). Public hearing on a request to rezone 106.92 acs from CO to PD-MC to allow for the Martha Jefferson Hospital & associated uses. TM 78, Ps 20B, 20C, 20M, 31,311, 32, 71 & 71A. Loc on Rt 1118 (Peter Jefferson Pkway) approx one-half mile from intersec of Rt 250 W & Peter Jefferson Parkway. (The Comp Plan designates this property as Office/Regional Service in Pantops.) Rivanna Dist. MARTHA JEFFERSON HEALTH SERVICES AT PETER JEFFERSON PLACE ZMA 01-0~1 $ ]7 PROFFER STATEMENT The following parcels are subject to rezoning application ZMA 01-015 and thus to this,proffer statement: tax map parcels 78-20M, 78-71, 78-71A and 78-311 (the "Property"). The Applicant is Martha Jefferson Health Services Corporation. The owner of tax map parcels 78-20M, 78-71 and 78-71A is Wort'eli Land & Development Company, L.C., it successors and assigns. The OWner of tax map parcel 78-311 is MJH Foundation, Inc., its successors and assigns. For purposes of this proffer statement, Worreli Land & Development Company, L.C., it successors and assigns and MJH Foundation, Inc., its successors and assigns are herein collectively referred to as the "Owner." The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property to Planned Development-Mixed Commercial as requested, and further acts to grant the requested special use permits for a hospital and structured parking garages, the Owner shall develop the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that (1) the rezoning itself gives dse to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. If rezoning application ZMA 01-015 is denied, or if either special use permit 2001-056 or SP 2001-057 is denied, or if either SP 2001-056 or 2001-057 is approved without the condition providing that "the special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-15 remains in effect,~ or if either SP 2001-056 or SP 2001-057 is approved with conditions that are not agreed to by the Owner prior to approval of ZMA 01-015, these proffers shall immediately be null and void and of no further force and effect. Subject always to the terms of Section 8.5.5.3 of the Albemarle County Zoning Ordinance as in effect on July 1, 2003, a copy of which Section 8.5.5.3 is attached hereto as Exhibit A_, and which Section 8.5.5.3 allows certain variations from approved application plans subject to the provisions thereof, and subject further to the terms and conditions of this paragraph, development of the Property shall be in general accord with the application plan shown on sheets AP-1 through AP-5, each dated August 5, 2003, of the plans entitled "Martha Jefferson Health Services at Peter Jefferson Place, Albemarle County, Virginia, Zoning Map Amendment and Special Use Permit Application Plan," which sheets are attached hereto as Exhibit B (the "Application Plan"). Unless specifically referenced in the Application Plan, or otherwise referenced in this Proffer Statement, all other plans and illustrations submitted as part of the Owner's rezoning materials shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. In addition to the provisions of Exhibit A, the owner further reserves the dght to develop the Property in phases (which may involve the reasonable use of surface parking prior to ultimate buildout of the Property as shown on the Application Plan), and to make reasonable modifications to the conceptual grading plan shown on sheet AP-3 of .EXhibit B (provided that the finished grades not vary by more than ten (10) feet up or down). All buildings and structures constructed on the Property shall substantially comply with the Peter Jefferson Place Design Criteria and Guidelines dated August 5, 2003 and attached hereto as Exhibit C. In addition, the following additional design criteda shall govern the exteriors of all buildings and structures constructed on the Property following the Board of Supervisors' approval of ZMA 01-015, as determined to the reasonable satisfaction of the Director of Planning and Community Development or his/her successor:. Neutral colors shall be utilized for external building materials so that buildings blend with the surrounding landscape, not contrast with it. tS b~ The use of white materials will be minimized, and shall not constitute the predominate color on such building or structure. In addition to standard landscaping required by Section 32.7.9 of the Albemarle County Zoning Ordinance, additional landscaping shall be interspersed throughout the areas of the Property where development is permitted pursuant to the Application Plan, to help integrate the development into the surrounding landscape. Parking structures shall be coordinated in appearance with other buildings on the Property. The community park shown on the Application Plan will be built prior to the issuance of a certificate of occupancy for the Inpatient Hospital (as hereinafter defined) and shall be made reasonably available for public use. In designing the community park the Owner shall consult with the Director of the Parks and Recreation Department. For purposes of this Proffer Statement, the "Inpatient Hospital" shall be defined as the earlier to be built of the diagnostic/technology building shown on sheet AP-2 of the Application Plan (or'any portion thereof) and the inpatient beds building shown on sheet AP-2 of the Application Plan (or any portion thereof). The Owner will dedicate fee simple title to the County, for inCorporation into the Rivanna River Greenway System, all that portion of the Property contiguous to the Rivanna River - and defined in the Federal Emergency Management Agency national flood insurance maps as land within the 100-year flood plain, with the intent that the County shall construct, operate, maintain and police such land as a park, and which dedication shall be subject to existing encumbrances and easements of record. Such dedication shall be made by the earlier to occur of ~) dedication by Thomas Jefferson Foundation, Inc. of the portion of land identified as tax map parcel 78-31A that is located within the 100-year flood plain into the Rivanna River Greenway System; (iS final site plan approval for any development on Parcel I shown on the Application Plan (if applicable, in which case such site plan will include reasonable provisions for access to the Greenway System); or (iii) final subdivision plat approval for any development on Parcel I shown on the Application Plan ('if applicable, in which case such subdivision plat will include reasonable provisions for access to the Greenway System). Notwithstanding the foregoing sentence, in the event the Owner elects in its sole discretion to make such dedication at an earlier date, it may do so. In addition, such dedication shall be subject to reservations of a dght of access for ingress and egress from the Property for the benefit of the Owner, for drainage from the Owner's stormwater control facilities, of riparian rights in the Rivanna River for the benefit of the Owner, and for other purposes reasonably stipulated by the Owner. Upon the Board of Supervisors' approval of ZMA 01-015, employees and agents of the County Department of Parks and Recreation may have reasonable access to the portion of the Property to be dedicated. Upon issuance of a certificate of occupancy for the Inpatient Hospital, the Owner shall submit a traffic demand management plan to Albemarle County, incorporating elements such as ddesharing programs, mass transit incentives, pedestrian and bicycle accommodation, and similar measures, each as may be appropriate and reasonable given the then-current availability of such programs, which plan shall be subject to the reasonable approval by the Director of Planning and Community Development or his/her successor, and shall be subject to implementation by the Owner as described in suCh plan. Pdor to issuance of a certificate of occupancy for the Inpatient Hospital, but subject always to approval by the Virginia Department of Transportation ("VDOT"), the Owner shall install (or bond for installation) a traffic signal at the intersection of State Farm Boulevard and Peter Jefferson Parkway, or pay for the full cost of the traffic signals to be installed at such intersection. The appropriate signalization of the intersection shall be approved by VDOT. Alternatively, at the request of VDOT, in lieu of installing a traffic signal at such intersection, the Owner shall construct a roundabout at such intersection, which shall be constructed to VDOT design standards pursuant to detailed plans agreed to between the Owner and VDOT, and shall be accepted by VDOT for public use or bonded for VDOT's acceptance, provided that either VDOT can provide adequate land for a roundabout, or that the Owner can accl uire necessary land therefor. Notwithstanding the foregoing, the Owner's total financial responsibility for the cost of such a roundabout (including, without limitation, any cost to the Owner for the design and conStruction of a roundabout and for acquiring any land needed for a roundabout) shall in no event exceed the cost required to install traffic signals at the same intersection. The Owner shall contribute to the expenses associated with improving the Interstate 64tU.S. Route 250 interchange at Exit 124 as described below: Within thirty (30) days following the granting of final site plan approval for the Inpatient Hospital, the Owner shall contribute to the County funds in the amount of One Hundred Forty-Six Thousand, Two Hundred Fifty Dollars ($146,250.00) for the construction by VDOT or others of an additional turn lane off each of the eastbound and westbound off-ramps from Interstate 64 to U.S. Route 250 at Exit 124. Such amount shall be increased by an amount equal to the percentage increase in the Consumer Price Index for All Urban Consumers, U.S. City Average as issued by the U.S. Department of Labor, Bureau of Labor Statistics (the "CPI-U'3 for each year or portion thereof which elapses during the period between the date the Board of Supervisors approves ZM^ 2001-015 and the date that Albemarle County grants final site plan approval for the Inpatient. Hospital. In the event the actual cost of such construction is less than the amount the Owner contributes (as such amount is increased for the CPI-U as per the terms hereof), all excess funds shall be returned to the Owner within ninety (90) days following the completion of const .ruction. bm Within thirty (30) days following the granting of final site plan approval for the Inpatient Hospital, the Owner shall contribute to the County funds in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) for the construction by VDOT or others of vadous improvements to the traffic signals at each of the eastbound and westbound off-ramps from Interstate 64 to U.S. Route 250 at Exit 124. Such amount shall be increased by an amount equal to the percentage increase in the CPI-U for each year or portion thereof which elapses during the pedod between the date the Board of Supervisors approves ZMA 2001-015 and the date that Albemarle County grants final site plan approval for the Inpatient Hospital. In the event the actual cost of such construction is less than the amount the Owner contributes (as such amount is increased for the CPI-U as per the terms hereof), all excess funds shall be returned to the Owner within ninety (90) days following the completion of construction. Within ninety (90) days following the approval by the Board of Supervisors of ZMA 2001-015, the Owner shall contribute to the County funds in the amount of Forty-FourThousand Dollars ($44,000.00) for the preliminary engineering expenses of VDOT associated with the design of the additional turn lanes and traffic signal improvements at the westbound and eastbound off-ramps from Interstate 64 to U.S. Route 250 at Exit 124. Notwithstanding the terms Of Section 7(a), (b) and (c) herein, in the event that VDOT and/or the Federal Highway Administration elect, prior to the granting of final site plan approval for the Inpatient Hospital, to make improvements to the Intemtate 64/U.S. Route 250 intemhange other than as described in Section 7(a), (b) and (c) herein, then, upon reasonable consultation with the Owner, the funds contributed to the County by the Owner and described in Section 7(a), (b) and (c) herein may nevertheless be used by VDOT or otherS for the engineering and construction of such improvements, provided that such funds are ultimately utilized for the improvement of the Interstate 64/U.S. Route 250 interchange as necessitated by the development of the Property, and are utilized for the benefit of the Property, and provided further that the Owner shall have no additional responsibility for the expenses associated with such improvements, in addition, prior to releasing any portion of the funds described in SeCtion 7(a), (b) and (c) herein, the County Zoning Administrator shall consult with the Owner. If any of the funds proffered pursuant to Section 7(a) and 7(b) herein are not expended for the expenses associated with improving the Interstate 64/U.S. Route 250 interchange as necessitated by the development of the Property within seven (7) years from the date the Owner contributes such funds, all unexpended funds (including income earned thereon) shall be returned to the Owner, and the Owner proffers no further obligation for contributing to the expenses associated with such improvements. If any of the funds proffered pursuant to Section 7(c) herein are not expended for the expenses associated with the deSign of improvements to the Interstate 64/U.S. Route 250 interchange as necessitated by the development of the Property within the earlier to occur of (i) twenty (20) years from the date the Owner contributes such funds, and (ii) seven (7) years from the date the Owner contributes the funds referenced in Section 7(a) and 7(b), all unexpended funds 0nduding income earned thereon) shall be returned to the Owner, and the Owner proffers no further obligation for contributing to the expenses associated with such improvements. Upon the issuance of a certificate of occupancy for the In patient Hospital (or sooner upon the mutual agreement of the Owner and the Director of Planning and Community Development or his/her successor), the Owner shall contribute to Albemarle County a one-time payment in the amount of Fifty Thousand Dollars ($50,000.00) toward the cost of establishing or enhancing transit service to the Property, the design of which shall be in general accord with the Application Plan and any modifications thereto, and shall be reasonably coordinated with the Owner. Such amount shall be increased by an amount equal to the percentage increase in the CPI-U for each year or portion thereof which elapses dudng the period between the date the Board of Supervisors approves ZMA 2001-015 and the date that the Owner contributes such funds to Albemarle County. If a system of transit service is not provided to the Inpatient Hospital within one (1)year following the issuance of a certificate of occupancy for the Inpatient Hospital, the entire amount of funds delivered to the County pursuant to this Section 8 (including income earned thereon) shall be returned to the Owner. In the event that the system of transit service has been provided to the Inpatient Hospital within one (1) year following the issuance of a certificate of occupancy therefor, but any of the funds proffered pursuant to this Section 8 are nevertheless not actually expended for such purposes within five (5) years from the date the Owner contributes such payment, all unexpended funds (including income earned thereon) shall be returned to the Owner, and the Owner proffers no further obligation for contributing to such expenses. The Owner has entered into a memorandum of understanding with Thomas Jefferson Foundation, Inc. incorporating guidelines for development of the Property within the Monticello viewshed (as such memorandum may be amended from time to time upon mutual consent of the parties thereto) (the "MOU"). Prior to granting final site plan approval for any proposed building on the Property within the Monticello viewshed (other than site plan applications for minor amendments not material to the objectives of the MOU), and provided that the MOU remains in effect between the parties thereto, the Director of Planning and Community Development shall request confirmation from Thomas Jefferson Foundation, Inc. that the site plan application is consistent with the terms of the MOU. This proffer statement may be signed in two or more counterparts, each of which shall be deemed an original, and which together shall constitute one and the same instrument. WITNESS the following signatures: WORRELL LAND & DEVELOPMENT COMPANY, L.C. By: T. Eugene Worrell, Manager MJH FOUNDATION, INC. E y: James E. Haden, President Exhibit A Section 8.5.5.3 of the Zoning Ordinance in Effect on July 1, 2003 (on file) Exhibit B Application Plan (on file) Exhibit C Peter Jefferson Place Design Criteria and Guidelines (on file) Agenda Item No. 17. SP-20,,,0,1-56. Martha Jefferson Hospital ~. Peter Jefferson Place,(Si.qn ~89). Public hearing on a request to allow hospital in accord w/Sec 23.2.2.1 of the Zoning Ord. TM 78, Ps 20B, 20C, 20M, 31, 31 I, 71 & 71A. Loc on Rt 1118 (Peter Jefferson Pkway) appmx one-half mile from intersec of Rt 250 W & Peter Jefferson Pkway. Rivanna Dist: The special use permit approvals shall not expire but shall remain in effect so tong as the approval of ZMA-01-15 remains in effect. Agenda Item No. 18. SP-2001-57. Martha Jefferson Hos~)ital (~. Peter Jefferson Place (sign ~85). Public headng on a request to allow parking structures in accord w/Sec 23.2.2.4 of the Zoning Ord. TM 78, Ps 20B, 20C, 20M, 31, 31 i, 32, 71 & 71A. Loc on Rt 1118 (Peter Jefferson Pkway) approx one, half mile from intersec of Rt 250 W & Peter Jefferson Parkway.' Rivanna Dist. The special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-15 remains in effect. 22 Attachment 5 A RESOLUTION APPROVING A PLAN OF LEASE FINANCING WITH BANC OF AMERICA LEASING & CAPITAL, LLC FOR THE ACQUISITION AND CONSTRUCTION OF A PUBLIC SAFETY EMERGENCY 911 COMMUNICATION SYSTEM WHEREAS, the Board of SupervisorS (the "Board of Supervisors'), on behalf of Albemarle County, Virginia (the "County'), desires to finance the acquisition and construction of a public safety emergency 911 communication system (the "Project") by means of a lease/purchase financing with Banc of America Leasing & Capital, LLC (the "Bank") pursuant to the terms of the Bank's proposal dated August 4, 2003 (the 'Proposal'), attached hereto as Exhibit A; WHEREAS, there has been presented to this meeting a draft of an Equipment Lease/Purchase Agreement to be dated the date of its delivery (the =Lease Agreement'), between the Bank, as Lessor, the County, as Lessee, and, if desired by the County, with a bank or trust company to act as escrow agent, a copy of which shall be filed with the recOrds of the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board approves the following plan of financing. The County is authorized to enter into a lease/purchase financing with the Bank pursuant to the terms of the Proposal. The Bank shall acquire, or cause to be acquired, the Project, and the County shall lease the Project from the Bank in accordance with the terms of the Lease Agreement. The County shall make payments of Basic Rent (as defined in the Lease Agreement) to the Bank. 2. The terms of the Lease Agreement shall provide for the following: (a) the term of the Lease Agreement shall expire no later than December 31, 2014; (b) the principal components of Basic Rent payable under the Lease Agreement shall be payable on dates determined by the County Executive until the expiration of the Lease Agreement, in amounts as determined by the County Executive, provided that the total amount of such principal components shall not exceed $12,000,000; (c) the interest components of Basic Rent payable under the Lease Agreement shall be payable on dates determined by the County Executive at a rate calculated by multiplying the rate on 10-year U.S. Term Treasury obligations by .65 plus a spread of 50 basis points (provided that such calculation does not produce a rate greater than 6.0% per year), and calculated on the basis of a 360-day years of twelve 30-day months; and (d) shall be subject to optional prepayment upon terms determined by the County Executive and in accordance with the terms of the Proposal, all as the County Executive determines to be in the best interest of the County. The Chairman of the Board and the County Executive, either of whom may act, are authorized and directed to execute the Lease Agreement, which shall be in substantially the form submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Lease Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. The officers of the County are authorized and directed to execute and deliver alt certificates and instruments and to take ali actions necessary or desirable in connection with the execution and delivery of the Lease Agreement and the completion of the financing. 5. The obligations of the County under the Lease Agreement shall be limited obligations payable solely from funds to be appropriated by the Board for such purpose and shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith 23 and credit of the County beyond any fiscal year for which the Board has lawfully appropriated from time to time. Nothing herein or in the Lease Agreement shall constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit or taxing power of the County, 6. The Board believes that funds sufficient to make payment of all amounts payable under the Lease Agreement can be obtained. While recognizing that it is not empowered to make any binding commitment to make such payments beyond the current fiscal year, the Board hereby states its intent to make appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Lease Agreement. The Board directs the County Executive, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Lease Agreement an amount sufficient to make the payment of all amounts payable under the Lease Agreement for such fiscal year. As soon as practicable after the submission of the County's annual budget to the Board, the County Executive is authorized and directed to deliver to the Bank evidence that a request for an amount sufficient to make the payment of all amounts payable under the Lease Agreement during such fiscal year has been made. If at any time during any fiscal year of the County, through the fiscal year ending June 30, 2014, the amount appropriated in the County's annual budget in any such fiscal years is insufficient to pay when due the amounts payable under the Lease Agreement, the Board directs the County Executive, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 7. (a) The County covenants that it will not take or omit to take any action the taking or omission of which will cause the Lease Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Cede of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause the interest components of Basic Rent due under the Lease Agreement to be includable in the gross income of the holder thereof under existing statutes. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the funds received under the Lease Agreement, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest due under the Lease Agreement from being includable in the gross income for federal income tax purposes of the holder thereof under existing law. (b) The County covenants that during the term of the Lease Agreement it shall not permit the Project or the proceeds derived from the Lease Agreement to be used in any manner that would result in (a) 10% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Cede, provided that no more than 5% of such proceeds may be used in a trade or business unrelated to the County's use of the Project, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Cede; provided, however, that if the County receives an opinion of nationally recognized bend counsel that any such covenants need not be complied with to prevent the interest components of Basic Rent from being includable in the gross income for Federal income tax purposes of the holder thereof under existing law, the County need not comply with such covenants, 8. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the funds received under the Lease Agreement, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bend counsel for the County. 24 9. Any authoflzafion heroin to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other actions of the officers of the County that are in conformity with the purposes and intent of this Resolution and in furtherance of this financing and the undertaking of the Project am approved and ratified. 11. All resolutions or parts of resolutions in conflict herewith am repealed. 12. This Resolution shall take effect immediately. EXHIBIT A -(Banc of America's Proposal) - on file COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Approval of ACE Appraisals for Year 2002-03 SUBJECT/PROPOSAL/REQUEST: Request approval of completed appraisals from year 2002- 03 ACE applicants. STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Benish, Goodall BACKGROUND: AGENDA DATE: Augustl3,2003 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: Year 2002-03 Applicant Pool; Appraisals for 2002-03 appl/i~nt po~---,---'~ REVIEWED BY: Per the Executive Summary of February 5th, 2003, the Board of Supervisors formally approved the ACE Committee's recommendation to appraise the top five ranked properties from the Year 2002-03 applicant pool (see Attachment "A"). Due to two (2) defections from this class prior to commencement of the appraisals, the ACE Committee recommended on April 23~d that the board approve the appraisals of three (3) substitute parcels from the Year 2002-03 applicant pool. On May 6th, 2003, the Board of Supervisors formally approved the ACE Committee's recommendation to appraise these three substitute parcels, Though some delay was created by these changes, the apPraiser was still able to complete five of six appraisals by July 1st. The last appraisal (Mehring) has been delayed because the landowner has not completed and submitted a family subdivision plat to the Department of Planning and Community Development. Following a recent review by the,Appraisal Review Committee, the five completed appraisals were approved on July 22"d, 2003 (see Attachment"B). As a result, the processing of these ACE applications for this year is "on track" according to the "Timeline for the Purchase of Development Rights". DISCUSSION: Per the County ordinance, the Appraisal Review Committee has the following power and duties: 1 ) "To review appraisals and make recommendations thereon to the Board of Supervisors"; 2) "To determine the adjusted appraised values and make recommendations thereon to the Board of Supervisors". Following much discussion and a thorough review of the appraisals for Year 2002-03 properties, the Appraisal Review Committee (as previously indicated) recently approved five appraisals for properties from the year 2002-03 applicant pool. Before the County can extend an "Invitation to Offer to Sell" a conservation easement on these properties, however, the appraisals must be formally approved by the Board of Supervisors. Though the appraised value of these properties exceeded estimates by staff, the total value is well within the ACE budget for FY 2002-03. RECOMMENDATION: The following recommendation is provided for action by the Albemarle County Board of Supervisors: Approve the five (5) appraisals by Hallmark Properties for applicatie ns from the year 2002-03 applicant pool. (see Attachment "B") 03.095 Attachment "A" ACE Applications for Year 2002 (deadline of September 1 st, 2002) (15 points are needed to quarry for ACE Funding) Applicant Tax Map (Acreage) Points Tourism Value* Mehring Family (Covesville) TM 97, Parcel 2lA ( 26.607 acres) TM 97, Parcel 2lB (145.400 act&s) TM 97, Parcel 2lB1 ( 3.540 acres) TM 97, Parcel 21C (256.026 acres) TM 97, Parcel 21D (160.397 acres) TM 97, Parcel 21 ( 7.722 acres) TM 97, Parcel 22 ( 11.480 acres) Total (611.172 acres) 50.38 yes (Scottsville) TM 130, Parcel 7 (227.430 acres) Total (650.305 acres) 48.87-- dropped out Henley, Joseph T. (Boonesville) TM 6, Parcel 15 (296.370 acres) TM 6, Parcel 17 (186.630 acres) Total (483.000 acres) 46.76 yes (Preddy Creek) TM 22, Parcel 10B ( 4.480 acres TM 22, Parcel 12 ( 69.140 acres TM 22, Parcel 12A ( 64.804 acres TM 22, Parcel 16 ( 32.770 acres TM 34, Parcel 51 (148.801 acres Total (333.485 acres no dropped out Kindric~Allan B. TM 20, Parcel 10A ( 10.390 acres) (Ear~sville) TM 32, Parcel 1 (155.520 acres) TM 32, Parcel 2 ( 87.260 acres) Total (253.170 acres) 31.12 no Marshall, PhilipS. TM 36, Parcel 19 (121.216 acres) 16.69 (Cismon0 yes Crawford, Darlene TM 35, Parcel 25 ( 31.654 acres) 16.49 (Sarboursville) yes Swanson, Michael TM 36, Parcel 6A ( 21.670 acres) 15.88 (Barboursville) yes Eight (8) Applicants 2,505.283 acres * Tourism value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic d/strict; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. Attachment "B" Table 1. - Appraisals from 2002-03 ACE Applicant Pool (Completed and approved by ARC on July 22, 2003) Property Appraised FMV~ Easement Value2 Adjusted Value3 Mehring LP $ ???????? *** not completed yet *** Henley Forest, Inc. $1,063,000 $ 242,000 (23%) $ 242,000 Kindrick $1,572,000 $ 355,000 (23%) $ 333,700 Marshall $ 267,000 $ 61,000 (23%) $ 61,000 Crawford $ 190,000 $ 38,000 (20%) $ 38,000 Swanson $ 134,000 $ 21,000(16%) $ 21,000 Total $ 695,700 ~ Appraised FMV (Fair Market Value) - the fair market value of the entire property, before the easement, as determined by Hallmark Properties. 2 Easement Value - the fair market value of the easement as determined by Hallmark Properties. 3 Adjusted Value - the actual value the ACE Program would pay following adjustments based on the income grid. Table 2. - ACE Budget After Purchase of Five Properties from FY 2002-03 Applicant Pool Budget for 2002-03 Carryover from 2001-02 Total Budget for 2002-03 Minus five appraised properties Budget Mter Purchase of Five Properties $1,000,000 273,662 $1,273,662 695,700 $ 577,962 Note: The above budget does not reflect appraisal and closing costs, nor the cost of the Mehring easement, which has not been completed yet. The net expense of the appraisals and closing costs will be at least $20,000. At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 13th day of August, 2003, at the time and place established by such Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent during the voting for the resolution referred to below: PRESENT: David P. Bowerman; Lindsay G. Dorrier, Jr.; Charles S. Martin Walter F. Perkins; Dennis S. Rooker and Sally H. Thomas ABSENT: None. the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Mr. Bowerman Aye Mr. Dorrier Aye Mr. Martin Aye Mr. Perkins Aye Mr. Rooker Aye Ms. Thomas Aye RESOLUTION APPROVING ~ FILING OF AN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN APPROXIMATE PRINCIPAL AMOUNT OF $7,205,000 Wlt-EREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia (the "County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and desirable for the County to undertake capital improvements for its public school system; BE IT RESOLVED BY TltE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board hereby approves the filing of an application with the Virginia Public School Authority for a loan to the County in an approximate principal amount of $7,205,000 to finance capital improvements for its public school system. The County Executive, in collaboration with the other officers of the County and the Albemarle County School Board, is hereby authorized and directed to complete an application and deliver it to the Virginia Public School Authority. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, certifies that the foregoing constitutes a tree and correct extract from the minutes of a regular meeting of the Board held on the 13th day of August, 2003, and of the whole thereof so far as applicable to the matters referred to in such extract. WITSESS my signature and the seal of the Board of Supervisors of Albemarle County, Virginia, this 13. day of August, 2003. (SEAt,) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Public School Authority SU BJ ECT/PROPOSAL/REQU EST: Request adoption of a resolution approving the filing of an application to the Virginia Public School Authority for a loan in a principal amount not to exceed $7,205,000. STAFF CONTACT(S): Messrs. Tucker, Castner, Breeden; Ms. White AGENDA DATE: August 13, 2003 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: BACKGROUND: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: Funding for the FY 2003/04 Capital Improvement Budget anticipated the ~ssuance of $7,205,000 in bonds through the Virginia Public School Authority .(VPSA) for the following school projects: Description Amount Henley Addition/Renovation $600,000 Murray HS Renovations $20,000 ADA Structural Changes $50,000 Hollymead Gym/Restrooms $'100,000 Monticello HS Classroom Addition $4,5'12,000 Scottsville Elementary Library Addition $75,000 WAHS Weight/Wellness Room Aid $293,000 Walton Addition $422,000 Maintenance/Replacement - financed $1,132,000 TOTAL' $7,204,000 DISCUSSION: Participation in the bond issue requires both the School Board and Board of Supervisors to pass a resolution authorizing application to VPSA. It is antici pared at this time that the School Board will pass the resolution at their meeting on August 14, 2003 and the Board of Supervisors on August 13, 2003. The required application will be submitted to VPSA by their September 2, 2003 deadline. A number of actions (resolutions, public hearings, approvals) will be required between now and November 2003 to meet the requirements of VPSA and to maintain their time schedule. The req uired documents will be submitted to you as received by the Director of Finance from the County's bond counsel. RECOMMENDATION: Staff requests approval of the attached resolution, as requested by the School Board, authorizing the County's application to the Virginia Public School Authority for $7,205,000 in bond revenues. 03.103 At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 13th day of August, 2003, at the time and place established by such Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent during the voting for the resolution referred to below: PRESENT: ABSENT: the following resolution was adopted by the aff~rmative roll call vote of a majority of all members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN APPROXIMATE PRINCIPAL AMOUNT OF $7,205,000 WHEREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia (the "County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and desirable for the County to undertake capital improvements for its public school system; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board hereby approves the filing of an application with the Virginia Public School Authority for a loan to the County in an approximate principal amount of $7,205,000 to finance capital improvements for its public school system. The County Executive, in collaboration with the other officers of the County and the Albemarle County School Board, is hereby authorized and directed to complete an application and deliver it to the Virginia Public School Authority. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, certifies that the foregoing constitutes a tree and correct extract from the minutes of a regular meeting of the Board held on the 13th day of August, 2003, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the Board of Supervisors of Albemarle County, Virginia, this day of August, 2003. (SEAL) Clerk of the Board of Supervisors, Albemarle County, Virginia 2 26222.000028RICHMOND1037147vl Albemarle County, Virginia General Obligation School Bonds, Series 2003A Schedule of Events Board of Supervisors Meeting Dates: First and Second Wednesdays School Board Meeting Dates: Second and Fourth Thursdays Board of Supervisors adopts resolution approving the filing of an August 13 application with VPSA School Board adopts resolution approving the filing of an application with August 14 the VPSA I County publishes notice of public hearing on Bond issue August 27 and September 3 Application, together with School Board resolution and Board of No later than I Supervisors resolution, filed with VPSA September 2 I Assuming receipt of form, H&W circulates draft Bond Resolution No later than Providing for the Issuance of the Bonds September 2 Comments due on draft Bond Re~olution September 3 H&W distributes Bond Resolution in final form (for inclusion in Board of September 3 Supervisors' package), along with circuit court clerk's receipt VPSA mails estimated repayment schedule and posts Bond Sale Week of Agreement September 10 Board holds public hearing and adopts Bond Resolution September 10 County Attorney files Bond Resolution with circuit court clerk September 11 County returns executed Bond Sale Agreement (including completed No later than Appendix D) to VPSA with a copy of each to H&W October 1 H&W circulates draft closing certificates for review by County and VPSA No later than October 2 Comments due on draft closing certificates October 15 VPSA Bond Sale October 15 H&W sends out closing certificates to County for execution October 23 County obtains signatures on closing certificates October 24-30 County returns executed closing certificates to H&W October 30 Filing of SNAP application by County October 31 Pre-closing November 3-44 Closing November 6 26222.000027RICHMOND1036376vl COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Consent Agenda - Lewis & Clark Exploratory Center Lease Agreement for Towe Park SU BJ ECT/PROPOSAL/REQUEST: Decide on whether to authorize the County Executive to sign revised lease with Lewis and Clark Exploratory Center for a portion of Towe Park. STAFF CONTACT(S): Mr. Tucker, Ms. White, Mr. Davis, Mr. Herrick, Mr. Mullaney AGENDA DATE: August 13, 2003 ACTION: CONSENT AGENDA: ACTION: X ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: ATTACHMENTS: No REVIEWED BY: Following a public hearing at its May 7, 2003 meeting, the Board approved a lease with the Lewis and Clark Exploratory Center of Virginia, Inc. for a portion of Darden Towe Park, which is jointly owned by Albemarle County and the City of Charlottesville. Following approval by the Board, the Board-approved lease was forwarded to the Charlottesville City Council for its consideration. On August 4, 2003, the Charlottesville City Council approved the lease in a slightly different form than previously approved by the Board. A number of minor changes were made. Among them, Section 3.2 had provided, "The County and City intend at this time to negotiate an extension of the term of this lease for an additional forty (40) year term, but are not under any obligation to do so." Because cities are more restricted in long-range leases than are counties, the City's version of the lease did not contain this non-binding statement of intent. Also, the City also deleted the following unnecessary language from the original Section 14 1: "^" ........, * ......... ~*~ ..... '~ ........ *~ cf ~'^ ~ ......... ~-~ *~ ~^ *~ cf ~'~ ' .... '~ P~em~ses~Rd the County and Ci~ shall be automatically released of all liabili~ under this Lease from and after the date of any sale by the Coun~ and Ci~ of the Leased Premises." While other changes were made, most were stylistic, and none materially altered the substance of the lease. ~1 legally-binding provisions remained from the version previously approved by the Board. RECOMMENDATION: With the Board already having voted its support for a Lewis and Clark Center lease, staff recommends that the Board authorize the County Executive to sign the revised lease, with these minor modifications, on behalf of the County. 03.104 WOMEN'S EUAUTY DA Y WHEREAS, many decades of efforts by women and men were required to give women the right to vote; and WHEREAS, citizens must always be willing to work to assure that the laws and policies in the Commonwealth of Vir~nia, the United States of Amedca, and this County do not unjustly discriminate against females, and any other group; and WHEREAS, unjust treatment based on views of inequality is often subtle; and WHEREAS, it is appropriate for this County to recognize a day that commemorates the passage of the 19th Amendment to the Constitution of the United States, the amendment that gave the right of suffrage to American women; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby proclaim August 26, 2003 as WOMEN'S EQUALITY DA Y in remembrance of all those women and men who have worked to develop a more equitable community that acknowledges both the rea/similarities and the important differences between women and men; and BE IT FURTHER RESOLVED that the Board of Supervisors urges all citizens to eliminate all unjust discrimination and prejudice against women, and ensure equality of rights, privileges, and responsibilities for all women and men. Signed and sealed this 13th day of August, 2003. Lindsay G: Dorrier, Jr.; Chairman Albemarle County Board of Supervisors Voice: eNOW P.O. i~ox 5082, Charlottesville VA 22905 434-963-0669 cnow2~uno.com The Honorable Lindsay Dottier Chair, Albemarle County Board. of Supervisors 278 ,Tames River Road 5cottsville, VA 24590 ,Tuly 27, 2003 Dear Mr. borrier: To commemorate the ratification of the 19th Amendment to the United 5totes Constitution, giving women the right to vote, the nation observes August 26~as WOMEN'5 EC~UALITY DAY. 5inca true equality in rights and responsibilities has yet to be achieved in the 83 years since ratification, the Charlottesville regional chapter of National Organization for Women has issued a proclamation for official endorsement by local governments. As our chapter has many members in Albemarle County, we are presenting the county government, along with the city of Charlottesville, with an opportunity to endorse the Proclamation at its public meeting nearest before August 26. A copy is enclosed. Although it is a fairly long statement, we believe that this is what our communities need, and we would be pleased if you would use it in its entirety. We appreciate your support and your efforts to '.improve and strengthen our community. We live in a special place and in its tradition we should lead in doing the right thing, thereby setting a standard for other communities. President Sincerely, Carolyn ,Tones Silver Secretary Treasurer PROCLAMATT. ON WHEREAS. many decades of effort by workers for women,s rights were required to obtain passage of the Nineteenth Amendment to the U.5. Constitution giving women the right to vote: and WHEi~EAS, after Fat effort there is still no reliable protection in the Constitution for women against sex discrimination in general, even though the need was recognized and Proclaimed one- hundred,fifty-five years ago in Seneca Falls, New York: and WHEREAS, in past years laws and policies in the Commonwealth of Virginia have unjustly discriminated against girls and women, or against particular classes of women, especially in matters of: rel~oductive rights, sexual assault and harassment and marital property; and although some laws and policies have been somewhat eased, progress can be, has been and is being reversed; and WHEREAS, some policies, whether discriminatory or neutral, in public, voluntary, and private institutions, such as those dealing with insurance, p~nsions, family medical leave, job promotion~, occupational choices, recreational opportunities, access to medical care (including reproductive/abortion services), still exist and effectively limit women's roles and activities; and WHEREAS, girls and women must contend with unwanted touching, verl~! and sexual and WHEREAS, girls and women must contend with unwanted touching, verbal and sexual assault including rape, being looked upon by men as objects and suffering the effects of unjust assumptions and WHEREAS, most of the care of the young and the elderly is given primarily by women, many of whom through economic necessity must also work at other jobs inside and/or outside the house; and WHEREAS, the tasks of providing equal opportunities to women and men and the tasks of removing burdens which fall unjustly on women as compared to men remain uncompleted, NOW, THEREFORE, BE ]:T RESOLVEb, that the Board of Supervisors of the County of Albemarle, Commonwealth of Virginia, does hereby proclaim August 26, ;)003, as WOMEN'S E(;~UA[.TTY DAY, in remembrance of all of 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, with liberty and justice for all; and BE ];T FURTHER RESOLVEb, that the Board of Supervisors urges all citizens on August 26 and thereafter: (:t) to be aware of oil distinctions and classifications according to gender to be sure they are justified by an equitable and compelling interest of the community, the institution or the individuals affected; (2) to require that the burden of justification for any distinction according to gender be borne by those who wish to discriminate against women as compared with men; (3) to examine all so-called neutral criteria such as: physical stature requirements, occupational qualifications, child care assistance opportunities, home maintenance responsibilities, elder care benefits and disability benefits, to determine whether they have discriminatory impact on women; (4) to promote crt:firmative action in the public, voluntam/and private sectors in order to overcome the effects of past discrimincrtion and stereotyping which have limited the life chances of women and girls as compo~ed with men and boys, and (5) to eliminate all unjust discrimination and prejudice against women and ensure equality of rights, privileges and responsibilities under equitable principles and practices for all women and men. Signed and sealed this of August, 2003. Lindsay Dorrier Chair David P. Bowerman Rio Lindsay G. Dorrier, Jr. $cotisville Charles S. Martin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 1AX (434) 296-5800 August 14, 2003 Walter E Perkins White Hall Dennis $. Rooker -Jack douett Sally9 H. Thomas Samuel Miller Ms. Barbara Shifflett Executive Director Albemarle County Fair, Inc. PO Box 121 North Garden, VA 22959 Dear Ms. Shifflett: At its meeting on August 13, 2003, the Board of Supervisors adopted the-attached proclamation 'designating the week of Tuesday, August 26 through Sunday, August 31, 2003 as "Albemarle County Fair Week". /EWC Enclosures Sincerely, Ella l,'V~ Carey, CMC, Clerk/ Printed on recycled paper ALBEMARLE COUNTY FAIR WEEK WHEREAS, for the past 22 years, the Albemarle County Fair has entertained tens of thousands of guests during its annual production; and WHEREAS, the Albemarle County Fair is unique in many ways, founded by a group of community spirited people who wanted something special for their neighbors and friends to enjoy and enrich their lives. The theme has always emphasized the County's ag~fcultural and forestal heritage; and WHEREAS, ~ the Albemarle County Fair is a non-profit corpdration operated by dedicated volunteers, officers and directors; and WHEREAS, the Albemarle County Fair offers an atmosphere conducive to families and their children. A friendly, safe, carefree atmosphere is the hallmark of the event. Unique in the state in that all food and drink is sold by local non-profit organizations as an opportunity for them to raise monies for their worthwhile programs; and WHEREAS, the Albemarle County Fair supports agricultural and rural*lifestyles, offers exhibits of home-art skills, crops, large livestock, small livestock and poultry, with competitions in livestock and numerous other farm skills, and nightly entertainment for all to enjoy; NOW, THEREFORE, l, Lindsay G. Dorrier, Jr., Chairman; on behalf of the Albemarle Board of County Supervisors, do hereby proclaim the week of AUGUST 26, 2003 THROUGH AUGUST 31, 2003 as ALBEMARLE COUNTY FAIR WEEK and urge all citizens to activelY participate in the scheduled activities' and programs sponsored and supported by the more than 250 local volunteers, public and area businesses. CHAIRMAN ALBEMARLE BOARD OF COUNTY SUPERVISORS Albemarle County Fair, Inc. P.O. Box 121 North Garden, VA 22959 July 3, 2003 Albemarle County Board of Supervisors Albemarle County Office Building 401 Mclntire Road Charlottesville, Virginia 22902 ATTENTION: Ms. Ella Carey, Clerk Dear Board of Supervisors: On behalf of the Albemarle County Fair Board of Directors, we do hereby petition the Albemarle County Board of Supervisors to issue a proclamation designating the week of Tuesday, August 26 through Sunday, August 31 as Albemarle County Fair Week." A proclamation woUld i:ecOgnize the fireless efforts of over 250 local volunteers and Fair Directors in presenting this annual event, which brings a uniq~e,~gC~s,t0.the vibrant and varied agricultural life in Albemarle County. As you know, the Albemarle County Fair encourages participation by all citizens in its many events, exhibitions and competitions in a family friendly environment. This year we will celebrate our 22nd year of operation. We hope to see you at the Fair! Your consideration of this petition is appreciated. Sincerely, cc: Frank Keplinger,!~re~ident ' Barbara Shiffiett Executive Director 05-06-03 089~i4gE? 2003 SECOND QUARTER BUILDING REPORT County of Albemarle Dept. of Planning & Community Development Office of Geographic Data Services 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A & B) II. Comparison of Residential Dwelling Units by Type (Charts C, D, & E) II1~ Comparison of All Building Permits (Chart F) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SF/TH DUP MF MHC AA Single-Family (includes modular) Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not in an existing park) Accessory Apartment During the second quarter of 2003, 185 building permits were issued for 223 dwelling units, n addition, 7 permits were issued for mobile homes in ex?ting parks at an average exchange value of $2,500, for a total of $17,500. I. Comparison of Residential Dwelling Units by Type Chart A. Nine Year Comparisor of New Residential Dwelling Units by Month MONTH 1995 1996 1997 1998 1999 2000 2001 2002 2003 JAN 50 26 54 38 49 52 52 55 96 FEB 43 44 44 39 84 43 39 348 34 MAR 47 61 57 65 65 54 54 74 106 APR 46 71 75 62 102 63 62 63 69 MAY 41 63 118 65 55 72 196 198 90 JUN 62 41 89 85 75 50 181 117 64 JUL 51 87 59 74 69 56 46 235 AUG 44 105 34 221 56 65 55 64 SEP 56 64 48 68 68 49 32 72 OCT 42 186 216 61 48 48 86 308 NOV 66 43 49 48 42 49 36 48 DEC 48 44 62 48 57 49 36 138 TOTAL 596 835 905 874 770 650 875 1720 459 Chart B. Three Year Comparison of New Residential Dwelling Units by Month Chart B: Three Year Comparison of New Residential D.U. by Monthi JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTH [[32001 EI2002 ,2003 ] Prepared by the Albemarle County Office of Geographic Data Services -3- Quarter 2, 2003 I1. COI~IPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE Chart C, Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA UNITS UNITS RIO 14 4 5 0 40 1 1 65 29% JACK JOUETT 3 0 0 0 0 0 1 4 2% RIVANNA 33 2 8 0 0 1 0 44 20% SAMUEL MILLER 29 0 0 0 0 0 1 30 13% SCOTTSVILLE 28 0 0 0 0 1 2 31 14% WHITE HALL 46 2 0 0 0 0 I 49 22% TOTAL 153 8 13 0 40 3 6 223 100% Chart D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL % TOTAL SF SFA SF/TH DUP MF MHC AA UNITS UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 40 0 0 40 18% URBAN NEIGHBORHOOD 2 6 4 5 0 0 0 0 15 7% URBAN NEIGHBORHOOD 3 9 0 0 0 0 0 0 9 4% URBAN NEIGHBORHOOD 4 6 0 0 0 0 0 1 7 3% URBAN NEIGHBORHOOD 5 9 0 0 0 0 0 0 9 4% URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 0% CROZET COMMUNITY 20 2 0 0 0 0 0 22 10% HOLLYMEAD COMMUNI'FY 17 2 8 0 0 1 0 28 13% PINEY MOUNTAIN COMMUNITY 0 0 0 0 0 0 0 0 0% RIVAN NA VILLAGE 3 0 0 0 0 0 0 3 1% DEVELOPMENT AREA SUBTOTAL 70 8 13 0 40 1 1 ' 133 60% RURAL AREA 1 21 0 0 0 0 0 3 24 11% RURAL AREA 2 13 0 0 0 0 1 0 14 6% RURAL AREA 3 24 0 0 0 0 0 1 25 11% RURAL AREA 4 25 0 ! 0 0 0 1 1 27 12% RURAL AREA SUBTOTAL 83 0 0 0 0 2 5 90 40% TOTAL 153 8 13 0 40 3 6 223 100% Prepared by the Albemarle County Office of Geographic Data Services Quarter 2, 2003 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Ch'art E. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SFFFH DUP MF MHC AA UNITS UNITS Agnor-Hurt 6 4 5 0 40 0 0 55 25% Baker Butler 4 0 0 0 0 0 0 4 2% Broadus Wood 11 0 0 0 0 0 2 13 6% Brownsville 14 0 0 0 0 0 0 14 6% Crozet 19 2 0 0 0 0 0 21 9% Greet 0 0 0 0 0 0 1 1 0% Hollymead 17 2 8 0 0 1 0 28 13% Meriwether Lewis 6 0 0 0 0 0 0 6 3% Murray 9 0 0 0 0 0 1 10 4% Red Hill 10 0 0 0 0 0 0 10 4% Cale 15 0 0 0 0 0 1 16 7% Scottsville 5 0 0 0 0 1 0 6 3% Stone Robinson 9 0 0 0 0 1 0 10 4% Stony Point 15 0 0 0 0 0 0 15 7% Woodbrook 2 0 0 0 0 0 0 2 1% Yancey 11 0 0 0 0 0 1 12 5% TOTAL 153 8 13 0 40 3 6 223 100% III. COMPARISON OF ALL BUILDING PERMITS Chart F. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW *NEW NON-RES. NEW COMMERCIAL FARM BUILDING TOTAL DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ RIO 28 $ 3,792,345 42 $ 736,225 4 $ 48,000 40 $ 2,359,599 114 $ 6,936,169 JOUETT 4 $ 1,045,000 27 $ 2,699,947 0 $ 3 $ 29,000 34 $ 3,773,947 RIVANNA 44 $ 7,561,549 36 $ 1,111,560 3 $ 92,400 19 $ 763,695 102 $ 9,529,204 S. MILLER 30 $ 7,111,557 42 $ 1,565,296 2 $ 60,000 6 $ 344,700 80 $ 9,081,553 SCOTTSVILLE 30 $ 5,438,500 40 $ 1,183,643 9 $ 2,285,500 9 $ 179,246 88 $ 9,086,889 WHITE HALL 49 $ 11,727,673 51 $ 1,699,747 6 $ 1,226,039 11 $ 835,400 117 $ 15,488,659 TOTAL 185 $ 36,676,624 238 $ 8,996,418 24 $ 3,711,939 88 $ 4,511,640 535 $ 53,896,621 Additional value of mobile homes placed in existing parks is included in Residential Alteration Category. Prepared by the Albemarle County Office of Geographic Data Services David P. Bowerman Rio I~indsa¥ G. Dorrier, Jr. Scottsville Chnrles S. Mnrtin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401.McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-584S FAX (434) 296-5800 August 14, 2003 Walter E Perkins White Hall Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller Mr. Thomas A. Hanson Director Emergency Communications Center 2306 Ivy Road CharlottesVille: VA 22903 Dear Mr. Hanson: At its meeting on August 13, 2003, the Board of Supervisors adopted the attached resolution authorizing staff to approve the final terms of the financing for the 80 MHz radio system and authorized the County Executive to execute the necessary documents. /EWC Sincerely,. roy, cM EnclOSure CC: Robert W. Tucker, Jr. Thomas Foley Printed on recycled paper A RESOLUTION APPROVING A PLAN OF LEASE FINANCING WITH BANC OF AMERICA LEASING & CAPITAL, LLC FOR THE ACQUISITION AND CONSTRUCTION OF A PUBLIC SAFETY EMERGENCY 911 COMMUNICATION SYSTEM WHEREAS, the Board of Supervisors (the "Board of Supervisors"), on behalf of Albemarle County, Virginia (the "County"), desires to finance the acquisition and construction of a public safety emergency 911 communication system (the "Project") by means of a lease/purchase financing with Banc of America Leasing & Capital, LLC (the "Bank") pursuant to the terms of the Bank's proposal dated August 4, 2003 (the "Proposal"), attached hereto as Exhibit A; WHEREAS, there has been presented to this meeting a draft of an Equipment Lease/Purchase Agreement to be dated the date of its delivery (the "Lease Agreement"), between the Bank, as Lessor, the County, as Lessee, and, if desired by the County, with a bank or trust company to act as escrow agent, a copy of which shall be filed with the records of the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board approves the following plan of financing. The County is authorized to enter into a lease/purchase financing with the Bank pursuant to the terms of the Proposal. The Bank shall acquire, or cause to be acquired, the Project, and the County shall lease the Project from the Bank in accordance with the terms of the Lease Agreement. The County shall make payments of Basic Rent (as defined in the Lease Agreement) to the Bank. 2. The terms of the Lease Agreement shall provide for the following: (a) the term of the Lease Agreement shall expire no later than December 31, 2014; (b) the principal components of Basic Rent payable under the Lease Agreement shall be payable on dates determined by the County Executive until the expiration of the Lease Agreement, in amounts as determined by the County Executive, provided that the total amount of such principal components shall not exceed $12,000,000; (c) the interest components of Basic Rent payable under the Lease Agreement shall be payable on dates determined by the County Executive at a rate calculated by multiplying the rate on 10-year U.S. Term Treasury obligations by .65 plus a spread of 50 basis points (provided that such calculation does not produce a rate greater than 6.0% per year), and calculated on the basis of a 360-day years of twelve 30-day months; and (d) shall be subject to optional prepayment upon terms determined by the County Executive and in accordance with the terms of the Proposal, all as the County Executive determines to be in the best interest of the County. 3. The Chairman of the Board and the County Executive, either of whom may act, are authorized and directed to execute the Lease Agreement, which shall be in substantially the form submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Lease Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all actions necessary or desirable in connection with the execution and delivery of the Lease Agreement and the completion of the financing. 5. The obligations of the County under the Lease Agreement shall be limited obligations payable solely from funds to be appropriated by the Board for such purpose and shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit of the County beyond any fiscal year for which the Board has lawfully appropriated from time to time. Nothing herein or in the Lease Agreement shall constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit or taxing power of the County. 6. The Board believes that funds sufficient to make payment of all amounts payable under the Lease Agreement can be obtained. VVhile recognizing that it is not empowered to make any binding commitment to make such payments beyond the current fiscal year, the Board .hereby states its intent to make appropriations for future fiscal years in amounts sufficient to make ali such payments and hereby recommends that future Boards do likewise during the term of the Lease Agreement. The Board directs the County Executive, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year dudng the term Of the Lease Agreement an amount sufficient to make the payment of ali amounts payable under the Lease Agreement for such fiscal year. As soon as practicable after the submission of the County's annual budget to the Board, the County Executive is authorized and directed to deliver to the Bank evidence that a request for an amount sufficient to make the payment of all amounts payable under the Lease Agreement during such fiscal year has been made. If at any time dudng any fiscal year of the County, through the fiscal year ending June 30, 2014, the amount appropriated in the County's annual budget in any such fiscal years is insufficient to pay when due the amounts payable under the Lease Agreement, the Board directs the County Executive, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 7. (a) The County covenants that it will not take or omit to take any action the taking or omission of which will cause the Lease Agreement to be an "arbitrage bond" within the meaning of Section 148 of the lntemal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause the interest components of Basic Rent due under the Lease Agreement to be includable in the gross income of the holder thereof under existing statutes. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require the County at any time to rebate to the United States any part of the earnings dedved from the investment of the funds received under the Lease Agreement, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest due under the Lease Agreement from being includable in the gross income for federal income tax purposes of the holder thereof under existing law. (b) The County covenants that during the term of the Lease Agreement it shall not permit the Project or the proceeds derived from the Lease Agreement to be used in any manner that would result in (a) 10% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on bY any person other than a governmental unit, as provided in Section 141(b) of the Code, provided that no more than 5% of such proceeds may be used in a trade or business unrelated to the County's use of the Project, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section '141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest components of Basic Rent from being includable in the gross income for Federal income tax purposes of the holder thereof under existing law, the County need not comply with such covenants. 8. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the funds received under the Lease Agreement, and any electJons such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other actions of the officers of the County that are in conformity with the purposes and intent of this Resolution and in furtherance of this financing and the undertaking of the Project are approved and ratified. 11. All resolutions or parts of resolutions in conflict herewith are repealed. 12. This Resolution shall take effect immediately. I, Ella W. Carey, do hereby certify that the foregoing wdting is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of ,six to zero, as recorded below, at a meeting held on Au.clust 13, 2.003. Ave Nay Mr. Bowerman Y Mr. Dorder Y Mr. Martin Y Mr. Perkins Y Mr. Rooker Y Ms. Thomas Y ~, ard of County S~°rs~ EQUIPMENT LEASE/PURCHASE AGREEMENT between BANC OF AMERICA LEASING & CAPITAL, LLC, as Lessor, BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, on behalf of the COUNTY OF ALBEMARLE, VIRGINIA, as Lessee, and BANK, as Escrow Agent Dated as of ,2003 TABLE OF CONTENTS Recitals ARTICLE I Def'mitions Section 1.1. Definitions ................................................................................................................... 1 Section 1.2. Rules of Construction ................................................................................................. 3 ARTICLE H Representations Section 2.1. Section 2.2. Section 2.3. Representations by Lessor ......' .................................................................................... 4 Representations By the County ................................................................................... 5 Representations By the Escrow Agent ........................................................................ 6 ARTICLE III Lease of Equipment Section 3.1. Lease of Equipment .................................................................................................... 6 Section 3.2. Deposit to Escrow Fund .............................................................................................. 6 Section 3.3. Default in Contractor's or Supplier's Performance .................................................... 7 Section 3.4. Inspection, Acceptance and Written Notice of Defects .............................................. 7 ARTICLE IV Lease Term; Payment of Rental; Maintenance; Insurance and Taxes Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. Section 4.7. Section 4.8. Section 4.9. Lease Term., ............................................................................................................... 7 Rental Payments; Prepayment .................................................................................... 8 Appropriations of Basic Rent and Additional Rent; Declaration of ESsentiality ....... 8 Insurance ..................................................................................................................... 9 Maintenance .............................................................................................................. 10 Inspection of Equipment ........................................................................................... 10 Title ........................................................................................................................... 10 Security Agreement ...................................... . ............................................................ 10 Personal Property ...................................................................................................... 11 Section 4.10.Taxes and Other Charges ........................................................................................... 11 Section 4.11.Liens on Equipment .................................................................................................. 11 Section 4.12.installation of County's Own Equipment., ............................................................... 12 Section 4.13.Subleasing of Equipment .......................................................................................... 12 Section 4.14.Abatement of Rental Payments ..... ' 12 Section 4.15.Risk of Loss .............................................................................................................. 12 Section 4.16.Location of Equipment ............................................................................................. 13 ARTICLE V Escrow Fund Section 5.1. Section 5.2. Section 5.3. Section 5.4. Section 5.5. Section 5.6. Section 5.7. Section 5.8. Creation of Escrow FUnd .......................................................................................... 13 Cost of the Project ..................................................................................................... 13 Payments from Acquisition Account ........................................................................ 14 [Payment from Capitalized Interest Account ............................................................ 14 Interest Earned on Escrow FUnd ............................................................................... 14 Termination of Escrow FUnd and Disposition of Balance in Escrow FUnd ............. 15 Reports by Escrow Agent ......................................................................................... 15 Reliance of Escrow Agent on Documents ................................................................ 15 ARTICLE VI DAMAGE, DESTRUCTION OR CONDEMNATION Section 6.1. Damage or Destruction ............................................................................................. 15 Section 6.2. Loss of Title ............................................................................................................... 16 ARTICLE VH EVENTS OF DEFAULT AND REMEDIES Section 7.1. Section 7.2. Section 7.3. Section 7.4. Section 7.5. Section 7.6. Events of Default ...................................................................................................... 18 Remedies ............................................................................ ' ....................................... 19 Reinstatement after Event of Default ......................................................................... 19 No Remedy Exclusive ............................................................................................... 20 No Additional Waiver Implied by One Waiver ........................................................ 20 Attorneys' Fees and Other Expenses ........................................................................ 20 ARTICLE VIII TERMINATION OF LEASE Section 8.1. Section 8.2. Section 8.3. Section 8.4. Right To Terminate for Nonappropriation ................................................................ 20 Rights upon Termination in the Event of Non-Appropriation .................................. 20 Reinstatement after Termination in the Event of Non-Appropriation ...................... 21 Termination In Certain Other Events ........................................................................ 21 ARTICLE IX COVENANTS; AMENDMENTS Section 9.1. Use of Proceeds and Preservation of Tax-Exempt Status ......................................... 21 2 Section 9.2. Private Activity Covenants ....................................................................................... 21 Section 9.3. Amendments ............................................................................................................. 22 ARTICLE X MISCELLANEOUS Section 10.1.Notices ...................................................................................................................... 22 Section 10.2.Severability ............................................................................................................... 22 Section 10.3.Successors and Assigns ............................................................................................. 22 Section 10.4.Assignment by Lessor ............................................................................................... 23 Section 10.5.Counterparts .............................................................................................................. 23 Section 10.6.Entire Agreement ...................................................................................................... 23 Section 10.7.Governing Law ......................................................................................................... 23 Signatures ....................................................................................................................................... 25 Exhibit A- Schedule of Basic Rent Payments ............................................................................ A-1 Exhibit B - Project/Equipment Description ................................................................................. B-1 Exhibit C - Form of Requisition .................................................................................................. C-1 Exhibit D - Certificate of Acceptance ......................................................................................... D-1 EQUIPMENT LEASE/PURCHASE AGREEMENT THIS EQUIPMENT LEASE/PURCHASE AGREEMENT is made as of , 2003, between BANC OF AMERICA LEASING & CAPITAL, LLC, as Lessor ("Lessor"), the BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA, on behalf of the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), as Lessee, and BANK, Richmond, Virginia, a banking association, as escrow agent (the "Escrow Agent"). RECITALS WHEREAS, the County desires to finance the acquisition and construction of an emergency communications system (the "Equipment") for the County, including related civil work, engineering and project management (the "Project"), to be managed by the County on behalf of itself, the City of Charlottesville, Virginia (the "City"), and the University of Virginia (the "University"); and WHEREAS, Lessor has agreed to finance such Project costs and to lease the Equipment to the County pursuant to the terms of this Lease Agreement; and WHEREAS, the completion and acceptance of the Project and.the payment of the costs of the Project will occur after the.date hereof, and in order to secure the obligations of the parties hereunder, an amount equal to the costs of the Project will be set aside in an escrow fund and disbursed to the County pursuant to the terms hereof; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Lease Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Lease Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS Section 1.1. Def'mifions. All capitalized terms contained in this Lease Agreement and not otherwise defined shall have the meanings set forth below, unless the context- otherwise requires: "Additional Rent" shall mean (a) reasonable fees for services rendered and for expenses reasonably incurred by the Escrow Agent under this Lease Agreement, 'including the reasonable fees of its attorneys, (b) reasonable costs and expenses to be reimbursed to Lessor, (c) late charges due to Lessor, and (d) all other amounts which the County agrees to pay under the terms of this Lease Agreement, but not including Basi. c Rent. "Authorized Representative of the County" shall mean such person or persons as may be designated to act on behalf of the County by a certificate executed by the County Executive and on file with the Escrow Agent. "Basic Rent" shall mean the payments payable by the County pursuant to Section 4.2(a) in the amounts and on the dates set forth in Exhibit A. "Board of Supervisors" shall mean the Board of Supervisors of Albemarle County, Virginia, as the governing body of the County. "Code" shall mean the Internal Revenue Code of 1986, as amended, including applicable regulations, rulings and revenue procedures promulgated or applicable thereunder. "Cost of the Project" shall have the meaning given such term in Section 5.2. "Equipment" shall mean the 800 MHz analog trunked radio communication system, cOnsisting of all hardware, software, testing and training equipment and materials furnished to the County pursuant to the System Purchase Contract, as more specifically identified on Exhibit B attached hereto, which Exhibit shall be amended from time to time as the County purchases the component parts of the Equipment, and which shall be identified by model, description, serial number (if any), quantity and purchase price. "Escrow Agent" shall mean successors and assigns. Bank, ~ , or its "Escrow Fund" shall mean the escrow fimd created hereunder pursuant to the provisions of Article V. "Event of Default" shall mean any of the events enumerated in Section 7.1. "Fiscal Year" shall mean, with respect to the County; a twelve-month period commencing July 1 and ending June 30. "Lease Agreement" shall mean this Lease Agreement and any and all supplements, amendments and modifications hereto. "Lease Term" shall mean the duration of the leasehold estate created in the Equipment, as provided in Section 4.1. "Lessor" shall mean Bane of America Leasing & Capital, LLC, or its successors and assigns. "Net Proceeds" shall mean 'the gross proceeds from an3, insurance recovery, or action of condemnation or loss of title award in connection with the Project less payments for attorneys' fees, fees and expenses of the Escrow Agent and other expenses incurred in the collection of such gross proceeds. "Payment of Basic Rent" shall mean payment in full of all Basic Rent due and to become due under this Lease Agreement. "Permitted Encumbrances" shall mean, as of any particular time as to the Equipment, (a) liens for taxes and special assessments not then delinquent, (b) liens for taxes and assessments which are delinquent but the validity of which is being contested in good faith and with respect to which the County shall have set aside adequate reserves, unless thereby any of the Equipment or the interest of the County therein may be in danger of being lost or forfeited, (c) this Lease Agreement and any security interests or other liens created hereby, (d) any security interests created Under the System Purchase Contract, (e) mechanics' and materialmen's liens incident to construction or maintenance now or hereafter filed of record which fire being contested in good faith and have not proceeded to judgment, provided that the County shall have set aside adequate reserves with respect thereto, (f) restrictions, mineral rights, easements, rights of way, exceptions or reservations for the purpose of utilities (including but not limited to water and gas pipelines, sanitary and storm sewers, telephone lines, telegraph lines, power lines, substations and other facilities and equipment used in connection with such utilities), roads, streets, alleys, highways, railroads, dikes, canals, laterals, ditches, and other like purposes, or for the joint or common use of real property, in each case which do not materially impair the use of the Equipment for the purposes for which it is or may reasonably be expected to be held, (g) such defects, irregularities, encumbrances, easements, rights of way and clouds on title as normally exist with respect to property owned or leased by the County for essential governmental purposes and similar in character to the Equipment and as will not, in the opinion of the County Attorney, impair the use of the Equipment affected thereby for .the purpose for which it is or may reasonably be expected to be held by the County, and (h) present or future zoning laws and ordinances. "Project" shall mean the acquisition and construction of the Equipment, including the related civil work, engineering and project management. "System Purchase Contract" shall mean the contract dated between the County and Motorola, Inc., for th~ purchase of the Equipment, as amended from time to time. Section 1.2. Rules of Construction. The following rules shall apply to the construction of this Lease Agreement unless the context otherwise requires: (a) versa. Words importing the singular number shall include the plural number and vice (b) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Lease Agreement. (c) The headings and Table of Contents herein are solely for convenience of reference and shall not constitute a part of this Lease Agreement nos shall they affect its meaning, construction or effect. ARTICLE II REPRESENTATIONS Section 2.1. Representations by Lessor. Lessor makes the following representations: (a) Lessor is a organized under the laws of the United States and has authority to conduct business in the Commonwealth of Virginia; (b) Lessor has full power and authority to enter into this Lease Agreement and to perform the transactions contemplated hereby and to carry out its obligations hereunder and by proper action has duly authorized, executed and delivered this Lease Agreement; (c) There is no litigation at law or in equity or any proceeding before any governmental agency involving Lessor pending, or to the best of its knoWledge, threatened with respect to (1) the authority of Lessor to execute and deliver this Lease Agreement, (2) the validity or enforceability of this Lease Agreement or Lessor's performance of its obligations hereunder, (3) the title of any officers of Lessor executing this Lease Agreement, or (4) the power to lease the Equipment to the County; (d) Lessor acknowledges that it has experience and expertise in the purchase and ownership of obligations similar to those arising under this Lease Agreement and that it is capable of evaluating the merits and risks of this Lease Agreement; (e) Lessor is entering into this Lease Agreement for its own account and acknowledges that no offering statement, prospectus or other comprehensive disclosure document containing material information with respect to the County and this Lease Agreement has been provided to it in connection with entering into this Lease Agreement; however, it has been provided with such information concerning the operations and financial condition of the County as it has requested. Lessor has had an opportunity to make inquiries of such officers, employees, agents and attorneys of the County as it considers appropriate in connection with entering into this Lease Agreement; (f) Lessor has no present intention of reselling or disposing of its interest in this Lease Agreement in transactions constituting a "distribution" thereof (as that term is used in the Securities Act of 1933, as amended, and the regulations promulgated by the Securities and Exchange Commission thereunder); and (g) Lessor understands and acknowledges that the scope of engagement of Hunton & Williams, Richmond, Virginia, bond counsel to the County with respect to this Lease 4 Agreement, will be limited to matters set forth in their opinion based on their review of such proceedings and documents as they deem necessary to approve the validity of this Lease Agreement and the tax-exempt status of the interest components of Basic Rent, and that they have not been engaged and will not undert'ake to prepare or express an opinion as to the accuracy or completeness of any information that may have been furnished to Lessor or relied upon by it in making the decision to enter into this Lease Agreement. Section 2.2. Representations By the County. The County makes the following representations: (a) The County is a political subdivision of the Commonwealth of Virginia; (b) The lease of the Equipment to the County pursuant to this Lease Agreement will provide necessary emergency communications equipment and improvements for the County, in conjunction with the City and the University, and, therefore, will serve a function which is necessary and essential to the proper, efficient and economic operation of the County; (c) The County has full power and authority to enter into this Lease Agreement and to perform the transactions contemplated hereby and to carry out its obligations hereunder and by proper action has duly authorized, executed and delivered this Lease Agreement; (d) The County is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (e) The County is not in default under or in violation of, and the execution, delivery and compliance by the County with the terms and conditions of this Lease Agreement will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regUlation applicable to the County~ or (2) any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the County or any of its assetsis subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (f) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the County with the terms and conditions of this Lease Agreement; and (g) There is no litigation at law or in equity or any proceeding before any governmental agency involving the County pending or, to the knowledge of the County, threatened with respect to (1) the authority of the County to execute and deliver this Lease Agreement, (2) the validity or enforceability of this Lease Agreement or the County's performance of its obligations hereunder, (3) the title of any officers of the County executingthis Lease Agreement, or (4) the power to undertake the Project and lease the Equipment from Lessor. Section 2.3. Representations By the Escrow Agent. The Escrow Agent makes the following representations: (a) The Escrow Agent is a financial institution duly incorporated and in good standing with the Commonwealth of Virginia and is duly authorized to enter into the transactions contemplated by this Lease Agreement to carry out its obligations hereunder; and r (b) The Escrow Agent has full power and authority to enter into this Lease Agreement and all other documents relating thereto and the performance of the Escrow Agent's obligations hereunder have been duly and validly authorized, executed and delivered by the Escrow Agent and approved under all laws, regulations and procedures applicable to the Escrow Agent and constitutes a valid, legal and binding obligation of the Escrow Agent, enforceable in accordance with its terms. ARTICLE IH LEASE OF EQUIPMENT Section 3.1. Lease of Equipment. Lessor demises and leases to the County and the County leases from Lessor the Equipment, for the term set forth in Section 4.1, for the Basic Rent and Additional Rent provided for in Section 4.2 and in accordance with the terms of this Lease Agreement. Subject to the provisions of Articles Vii and VIII, the County shall be entitled to the possession of the Equipment from time to time. Section 3.2. Deposit to Escrow Fund. Contemporaneously with the execution hereof, Lessor shall transfer to the Escrow Agent, and the Escrow Agent shall deposit into the Escrow Fund, an amount equal to $ , which; together with estimated investment earnings thereon and other available-moneys, is expected to be sufficient to finance the Cost of the Project. Such Cost of the Project shall be paid by the Escrow Agent from the Escrow Fund as provided in Section 5.3. Lessor represents and warrants that, subject to the terms and conditions of the Systems Purchase Contract, the_County will have quiet and peaceful possession of the Equipment, and that the Equipment is free from encumbrances done, made or knowingly suffered by Lessor or anyone claiming by, through or under it. The County recognizes that since the Equipment is being acquired at {ts request and by contractors and supplier§ selected by it, LESSOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION OR WORKMANSHIP OF ANY PART OF THE EQUIPMENT OR ITS SUITABILITY FOR THE COUNTY'S PURPOSES OR NEEDS OR THE EXTENT TO WHICH PROCEEDS DERIVED HEREUNDER WILL PAY THE COSTS TO BE INCURRED IN CONNECTION THEREWITH. Section 3.3. Default in Contractor's or Supplier's Performance. In the event of default of any contractor or supplier under any purchase contract for the Equipment, the County will promptly proceed to exhaust the remedies of Lessor or the County, as agent for Lessor, against the contractor or supplier in default and against each surety, if any, for the performance of such contractor or supplier. The County agrees to advise Lessor, in writing, of the steps it intends to take in connection with any such default. The County may, in good faith and at its own expense, in its name or in the name of Lessor, by notice from the County to Lessor, prosecute or defend any action or proceeding or take any other action involving such contractor or supplier or surety which the County deems reasonably necessary, and in such event Lessor agrees to cooperate fully with the County. Any amounts recovered by way of damages, refunds, adjustments or otherwise, net of reasonable expenses'related thereto, in connection with the foregoing shall be paid into the Escrow Fund or, if the Project is completed, paid subject to any requirements of the Code, to the County to reimburse the County for any costs it has incurred in connection with the foregoing and then to Lessor as prepayment of Basic Rent. Section 3.4. Inspection, Acceptance and Written Notice of Defects. Once all of the Equipment has been installed, the County shall inspect the Equipment, and, if the County accepts .the Equipment, it shall file with Lessor an executed Certificate of Acceptance substantially in the form of Exhibit D attached hereto. Unless the County gives Lessor written notice of each defect or other proper objection to the Equipment before the execution of the Certificate of Acceptance, it shall be conclusively presumed upon execution of the Certificate of Acceptance, as between Lessor and the County, that the County has fully inspected and acknowledged that the Equipment described in the Certificate of Acceptance is in good condition and repair, has been properly installed and is performing satisfactorily and that the County is satisfied with and has accepted such Equipment in such good condition and repair, and that the County is satisfied with and has accepted the Equipment in such good condition and repair. ARTICLE IV LEASE TERM; PAYMENT OF RENTAL; MAINTENANCE; INSURANCE AND TAXES Section 4.1. Lease Term. The Lease Term shall commence on , 2003, and, unless sooner terminated in accordance with the provisions hereof, shall terminate at the earlier of midnight on ., 2013, or the date all payments required by this Lease Agreement have been made. 7 If all payments required by this Lease Agreement have not been made on Lease Term shall end when all such payments shall have been made. ., 2013, the Section 4.2. Rental Payments; Prepayment. (a) Subject to Section 4.3, the County shall pay Basic Rent to Lessor on the dates and in the amounts set forth on Exhibit A attached hereto, as it may be amended from time to time, and to pay when due any Additional Rent. All payments of Basic Rent and Additional Rent shall be made to Lessor at its principal office or any other place that Legsor may designate in writing to the County. In the event that any payment due hereunder is made more than 15 days past the applicable due date, the County shall pay, subject to Section 4.3, a late charge equal to 1.0% of the amount due. (b) The County may prepay in whole or in part, at any time after ,2004, the principal components of Basic Rent; provided, however, that if such prepayment occurs prior to __, 2008, the County shall also pay a prepayment penalty equal to 1% of the principal components to be prepaid if, upon the date of prepayment, the interest rate on this Lease Agreement ( .% per year) is greater than the rate calculated by multiplying the rate on the U.S. Treasury security maturing closest to the end of the Lease Term by .65, plus a spread of 50 basis points. (c) Notwithstanding any prepayment exercised under (b) above, no portion of the Equipment shall be released from the lien of this Lease Agreement prior to the end of the Lease Terra. Section 4.3. Appropriations of Basic Rent and Additional Rent; Declaration of Essentiality. The County-reasonably believes that funds sufficient to make all payments of Basic Rent and Additional Rent during the term of this Lease Agreement can be obtained. While recognizing that it is not empowered to make any binding commitment to make payments of Basic Rent and Additional Rent beyond the current Fiscal Year, the Board of Supervisors in authorizing the execution of this Lease Agreement has stated its intent to make annual appropriations sufficient to make the payments of Basic Rent and Additional Rent. The County declares the nature of the Project essential to the proper operations of the County. The County anticipates that the need for the Project will not change during the term of this Lease Agreement. Notwithstanding anything in this Lease Agreement to the contrary, the County's obligations to pay the cost of performing its obligations under this Lease Agreement, including its obligations to pay all Basic Rent and Additional Rent, shall be subject to and d~endent upon appropriations being made from time to time by the Board of Supervisors for such purpose; provided, however, that the County Executive or other officer charged with the responsibility for preparing the County's Annual Budget shall include in the budget for each Fiscal Year as a single appropriation the amount of all Basic Rent and estimated Additional Rent during such Fiscal Year. Throughout the Lease Term, the County Executive or other officer charged with the responsibility for preparing the County's Annual Budget shall deliver to Lessor 8 within 10 days after the adoptiOn of the Annual Budget for each Fiscal Year, but not later than 10 days after the beginning of each Fiscal Year, a certificate stating whether an mount equal to or credited to the payment of, the Basic Rent and estimated Additional Rent which will be due during such Fiscal Year has been approved by the Board of Supervisors and included in such budget. If, by 15 days after the beginning of the Fiscal Year, the Board of Supervisors has not appropriated funds for the payment of both Basic Rent and estimated Additional Rent for the then current Fiscal Year, the County Executive or other officer charged with the responsibility for preparing the Annual Budget shall give written notice to the Board of Supervisors of the consequences of such failure to appropriate, including the right of Lessor to terminate this Lease Agreement in accordance with Article VII, and request the Board of Supervisors to consider a supplemental appropriation for such purposes. If at any time during any Fiscal Year, the amount appropriated in the budget for any Fiscal Year is insufficient to pay when due the Basic Rent and Additional Rent due from the County Uhder this Lease Agreement, the County Executive or such other officer charged with the responsibility for preparing the County's budgets shall submit to the Board of Supervisors at its next regularly scheduled meeting or as promptly as practicable, but 'in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. The County Executive or such other officer as designated shall deliver to Lessor within 5 days after such meeting of the Board of Supervisors a certificate stating whether an amount equal to or credited to the payment of such deficit has been appropriated by the Board of Supervisors. Section 4.4. Insurance. Subject to Section 4.3, the County shall continuously maintain throughout the Lease Term at its sole cost and expense insurance on the Equipment coveting such risks as are customarily insured against by reasonable and prudent government bodies of like size for such equipment, and in such amounts at a minimum equal to the outstanding principal components of Basic Rent under this Lease Agreement with such deductibles as required, and with such insurance companies as shall be satisfactory to Lessor. All insurance for loss or damage shall provide that losses if any, shall be payable to Lessor. EvidenCe of all required liability insurance shall be provided .to Lessor. The County shall pay the premiums therefor and deliver to Lessor the policies of insurance or duplicates thereof or other evidence satisfactory to Lessor of such insurance coverage. The County shall undertake its best efforts to obtain from each such insurer by endorsement upon the policy or policies issued by such insurer an agreement that: (a) the insurer will give sixty (60) days prior written notice to Lessor of .cancellation, non-renewal, or material modification of such policy and ten (10) days prior written notice for non-payment of premium; and (b) the coverage of Lessor shall not be terminated, reduced or affected in any manner regardless of any breach or violation by the County of any warranties, declarations or conditions of such insurance policy or policies. The proceeds of such insurance, at the option of Lessor, shall be applied: (a) toward the rePlacement, restoration or repair of the Equipment, or (b) toward payment of Basic Rent hereunder. The County hereby appoints Lessor as the County's attorney-in-fact to make claim for, receive payment of, and execute all documents, checks or drafts received in payment of loss or damage under any such insurance policy. Notwithstanding the preceding provisions of this Section, the County may self-insure as to any 9 or all of such coverage and such self-insurance will satisfy the requirements of this Section.. If the County self-insures, the County shall cause to be filed annually with Lessor a certificate of its risk manager or insurance consultant as to the adequacy of reserves for such self-insurance. Section 4.5. Maintenance. Subject to Sections 4.3, 6.1 and 6.2, the County shall preserve, maintain, preserve and keep the Project in compliance with all legal requirements and in good repair and operating condition (normal wear and tear excepted) and from time to time shall make all necessary repairs, replacements and renewals. Section 4.6. Inspection of Equipment. Lessor and its duly authorized representatives and agents shall have such reasonable rights of access to the Equipment (subject to prior written or telephonic notice to the County) as may be necessary to determine whether the County is in compliance with the requirements of this Lease Agreement, but Lessor shall have no duty to monitor the County's compliance. Section 4.7. Title. Title to the Equipment and any and all additions, repairs, replacements or modifications thereto, shall be deemed to be vested in the County subject to the rights of Lessor hereunder from and after the date of acceptance of the Equipment so long as the County shall not be in default hereunder or this Lease Agreement shall not have been terminated pursuant to the provisions of Article VIII, and shall vest permanently in the County upon payment in full of all Basic Rent and Additional Rent, free and clear of any lien or security interest of Lessor therein. Immediately upon the occurrence of an Event of Default by the County hereunder or the termination of this Lease Agreement pursuant to the provisions of Article VIII, title to the Equipment (and all additions, repairs, replacements or modifications thereto) shall revert to Lessor, free and clear of any right, title or interest of the County unless Lessor elects otherwise, without the necessity of any further action or the execution of any documents by the parties. Section 4.8. Security Agreement. To secure all obligations of the County hereunder, the County hereby grants to Lessor a security interest in any and all of the County's right, title and interest in and to this Lease Agreement, the Escrow Fund, the Equipment, all additions, attachments, accessions, substitutions and replacements thereto, the Basic Rent due or to become due, and any and all proceeds thereof, including without limitation, the proceeds of insurance thereon. The County agrees to execute and deliver all documents, instruments and financing statements necessary or appropriate to perfect or maintain the security interest granted hereby. Lessor is authorized to file financing statements without the County's signature or to execute and file such financing statements without the County's signature on the County's behalf as specified by the Virginia Uniform Commercial Code to perfect or maintain Lessor's .security interest granted hereby. At the request of Lessor, the County will keep and maintain a conspicuous marking or tag on the Equipment indicating that a security interest is held therein by Lessor. 10 Section 4.9. Personal Property. The Equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or permanently resting upon, real property or any building thereon or any fixtures, or attached in any manner to what is permanent by any means of cement, plaster, nails, bolts, screws or otherwise. Upon request of Lessor, the County shall obtain, as to any place where the Equipment is located, a waiver from the landlord and mortgagee thereof with respect to any rights they may have in and to the Equipment or the rights of levy or seizure thereon. Section 4.10. Taxes and O!her Charges. The County shall comply with and, subject to Section 4.3, pay the cost of all repairs, replacements and renewals, the cost of insurance, all utility and other charges and all taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment. If the County fails to pay such costs, charges or taxes when due, Lessor, after giving the County notice and a reasonable opportunity to cure, shall have the right, but shall not be obligated, to pa5' the same. If Lessor pays any such costs, charges or taxes for which the County is responsible or liable under this Lease Agreement, Lessor shall be entitled to be reimbursed promptly therefor by the County in accordance with the provisions of Section 7.6 hereof. Section 4.11. Liens on Equipment. Except for Permitted Encumbrances, the County shall not create, incur or grant any mortgage, pledge, security interest, lien or encumbrance on or with respect to the Equipment and shall not dispose of any interest in the Equipment unless it delivers to Lessor a certificate of the County, signed by the County Executive, stating: (a) that the proceeds from the disposition will be (1) applied to the purchase of additional property to become part of the Equipment and subject to the security interest created hereby or (2) applied to the payment or prepayment of Basic Rent at the first available payment or prepayment date; (b) that the County has made a reasonable effort to obtain fair value for such disposed Equipment; and (c) that the disposition, together with any substitution of additional property becoming part of the Equipment, will not adversely affect the usefulness of the Equipment or any part of it or its intended purpose or deprive the County of any pt:operty needed for access to or operation of the Equipment. Upon receipt of the above, so long as the County is not in default under this Lease Agreement or this Lease Agreement has not been terminated under Article VIII, Lessor will release from this Lease Agreement and convey to the County that portion of the Equipment to be 11 disposed of but only after any property that is to be substituted for it has been conveyed to Lessor and been subjected to this Lease Agreement. [The County covenants to undertake its best efforts to have the vendors' security interest in the Equipment created under the System Purchase Contract terminated as soon as is practicable after the total contract price is paid under such Contract and to evidence such termination by providing to Lessor (x) copies 6'i/appropriate termination statements signed by the vendor with respect to its security interest in the Equipment if financing statements were originally filed by the vendor or (y) if no such financing statements were filed, copies of a certificate signed by a representative of the vendor stating that the total contract price under the System Purchase Contract has been paid and that vendor's security interest in the Equipment has been terminated; or (z) such other evidence reasonably acceptable to Lessor to the effect that vendor's security interest in the Equipment created under the System Purchase Contract is terminated.] Section 4.12. Installation of County's Own Equipment. The County may from time to time, in its discretion and at its own expense, install other equipment related to the Equipment. All equipment so installed by the County shall remain the property of the County in which neither Lessor shall not have any interest and may be modified or removed at any time while the County is not in default under this Lease Agreement. Section 4.13. Subleasing of Equipment. The County shall not sublease the Equipment, Or any portion thereof, to any entity other than the Commonwealth of Virginia, a city, a county or a town, or any agency thereof, without (a) the prior written consent of Lessor, which consent shall not unreasonably be withheld, and (b) an opinion of nationally recognized bond counsel that such sublease or other availability would not adversely affect the exclusion of the interest components of Basic Rent from gross income for Federal income tax purposes. Any sublease by the County of the-Equipment, or any portion thereof, shall not act to waive, diminish, abate or reduce the Basic Rent due hereunder. Section 4.14. Abatement of Rental Payments. There will be no abatement or reduction of rental payments by the County for any reason, including but not limited to, any defense, recoupment, set off, counterclaim, or any claim (real or imaginary) arising out of or related to any defects, damages, malfunctions, breakdown or infirmities of the Equipment. The County assumes and shall bear the entire risk of loss and damage to the Equipment from any cause whatsoever, it being the intention.of the parties that the rental payments shall be made in all events, subject to Section 4.3, unless the obligation to make rental payments is terminated as otherwise provided herein. Section 4.15. Risk of Loss. The County shall bear all risk of loss to the Equipment, and in the event of loss or damage thereto, the County shall at its option either (a) repair or replace the Equipment as 12 provided in Sections 6.1(b)(1) and 6.2(b)(1) or (b) subject to Section '4.3, purchase the Equipment by prepaying the remaining principal components of Basic Rent as provided in Sections 6.1Co)(2) and 6.2 (b)(2). Section4.16. Location of Equipment. Except as Lessor may otherwise agree, the County agrees to locate the Equipment only on real or personal property either owned by the County or in which the COunty has obtained in writing, and recorded if applicable, a possessory interest through the end of the Lease Term. ARTICLE V ESCROW FUND Section 5.1. Creation of Escrow Fund. There is hereby established the County of Albemarle, Virginia, Emergency Communications System Escrow Fund in which there' shall be created an Acquisition Account [and a Capitalized Interest Account]. Lessor shall transfer to the Escrow Agent an amount equal to $ Of such amount, the Escrow Agent shall deposit $ to the Acquisition Account [and $ to the Capitalized Interest Account]. The Escrow Agent shall invest and reinvest the moneys on deposit in the Escrow Fund as directed by the County; provided, however, that such moneys shall at all times be invested in accordance with the provisions of the Investment of Public Funds Act (Chapter 18, Title 2.1 of the Code of Virginia of 1950, as amended) or any subsequent provisions of law applicable to such investments. Such investments shall be registered in the name of the County and held by the Escrow Agent which may act as purchaser or agent of the County in making or disposing thereof. The Escrow Agent shall be permitted to invest through its own or related bond department. The Escrow Agent shall not be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to investment or reinvestment of all or a portion of the Escrow Fund. All earnings on moneys in the Escrow Fund credited to such fund. The Escrow Agent shall hold the moneys in the Escrow Fund in trust to be used only to pay the Cost of the Project or to the prepayment of Basic Rent hereunder. Section 5.2. Cost of the Project. The term "Cost of the Project" shall include the cost of all labor, materials, machinery and equipment, the cost of all property, rights, franchises and permits acquired, financing charges, interest prior to and during construction and for up to one year after completion of construction, start-up costs and operating capital, the cost of plans, specifications, surveys, estimates of costs, the cost of engineering, legal, financial and other professional services, including financial advisory services, expenses necessary or incident to determining the feasibility or practicability Of any such acquisition, construction or reconstruction, recording fees, settlement costs, printing costs, fees and charges of Lessor, administrative expenses and 13 such other expenses as may be necessary or incidental to the financing of the Project. Any obligation or expense incurred by the County in connectiOn with any of the foregoing items of Cost may be regarded as a part of such Cost and reimbursed to the County out of the proceeds in the Escrow Fund. Section 5.3. Payments from Acquisition Account. (a) The Escrow Agent shall use moneys in the Acquisition Account to pay the Cost of the Project. Unless the Escrow Fund is earlier terminated in accordance with the provisions hereof, the Escrow Agent shall not disburse any moneys from the Acquisition Account unless it shall first have been presented with an invoice in the form of Exhibit C attached hereto stating (1) the name of the person, finn or corporation to whom such payment is to be made, (2) the amount to be paid, and (3) the purpose in reasonable detail for which such payment is to be made. An invoice may represent reimbursement of the County for the Cost of the Project initially paid by the County or may represent payment to the County of moneys to be paid in turn by the County to third parties for the Cost of the Project. (b) Each invoice shall be accompanied by (i) a certificate signed by an Authorized Representative of the County stating that the invoice has been incurred in or about the construction of the Project, each item is a proper charge against the Acquisition Account, and the obligation has not been the basis for a prior invoice which has been paid and (ii) an authorization by Lessor that it approves of the payment of .such invoice, which approval shall be promptly provided and shall not unreasonably be withheld. Upon receipt of each such invoice and accompanying certificate or certificate(s) and authorization(s), the Escrow Agent shall make payment from the Acquisition Account in accordance with such invoices. Section 5.4. [Payment from Capitalized Interest Account. Unless the Escrow Fund is earlier terminated in accordance with the provisions hereof, moneys in the Capitalized Interest Account shall be used to pay interest components of Basic Rent coming due on , through and including _, as set forth on Exhibit A. Such' moneys shall be transferred by the Escrow Agent on behalf of the County to Lessor on the dates and in the amounts sufficient to pay when due SUch interest components. If after making the payment due on , any moneys remain in the Capitalized Interest Account, such moneys shall be transferred and deposited to the Acquisition Account and used in accordance with Section 5.3.] Section 5.5. Interest Earned on Escrow Fund. Interest earned on the Escrow Fund shall be disbursed by the Escrow Agent upon the termination of the Escrow Fund and the final distribution of the Escrow Fund in the following order: First, to the payment of the Escrow Agent's fee;second, to payment of the'County's next scheduled Basic Rent payment(s) as set forth on Exhibit A attached hereto; and third, paid to the County as provided in Section 5.6 herein. 14 Section 5.6. Termination of Escrow Fund and Disposition of Balance in Escrow Fund. The Escrow Fund shall be terminated at the earlier off (a) the final distribution of principal of the Escrow Fund; (b) written notice given by the County of its election to terminate the Escrow Fund is received by the Escrow Agent and Lessor; or (c) written notice given by Lessor of default by the County under this Lease Agreement is received by the Escrow Agent and the County. Upon termination of the Escrow Fund upon an event of default, pursuant to subsection (c), moneys in the Escrow Fund shall be applied to payments of Basic Rent due hereunder. Any moneys remaining in the Escrow Fund upon termination pursuant to subsections (a) or (b) shall be transferred, subject to the provisions of Section 5.5, first to Lessor as a credit of Basic Rent due or to become due hereunder and then to the County and applied in such manner as, in the opinion of nationally recognized bond counsel, will not adversely affect the exclusion of the interest components of Basic Rent from gross income for Federal income tax purposes. Section 5.7. Reports by Escrow Agent. The Escrow Agent shall provide to the County a statement describing the moneys held in the Escrow Fund, including the income earned therefrom and any withdrawals of money from the Escrow Fund, at such time as the County may reasonably request. Section 5.8. Reliance of Escrow Agent on Documents. The Escrow Agent may act in reliance upon any writing or investment or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any official designated on the incumbency certificate delivered herewith purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of any instrument deposited in the Escrow Fund, nor as to the identify, authority or fight of any person executing the same; and its duties hereunder shall be limited to the receipt of such moneys, instruments or documents received by it as the Escrow Agent, and for the disposition of the same in accordance herewith. ARTICLE VI DAMAGE, DESTRUCTION OR CONDEMNATION Section 6.1. Damage or Destruction. (a) The County shall notify Lessor immediately in the case of damage to or destruction from fire or other casualty of the Equipment or any portion thereof during the Lease Term. If the County determines in good faith that the cost to repair, reconstruct and restore the Equipment will not exceed $100,000, the County shall retain, subject to Section 4.4, the Net Proceeds received with respect to such damage or destruction and apply such Net Proceeds to the repair, reconstruction and restoration of such portion of the Equipment so damaged or destroyed 15 to substantially the same condition as had existed prior to the event causing such damage or destruction. If such Net Proceeds are not sufficient to pay in full the cost of such repair, reconstruction and restoration, the County shall, subject to Section 4.3, pay so much thereof as is in excess of such Net Proceeds. (b) If the Equipment or any portion thereof is damaged or destroyed by fire or other casualty during the Lease Term and the County determines in good faith that the cost to repair, reconstruct and restore the Equipment to the same condition as had existed prior to such damage or destruction will exceed $100,000, then the County, upon the following conditions and within 90 days after the date such damage or destruction occurs, shall transfer to the Escrow Agent for deposit in the Escrow Fund all Net Proceeds and elect one of the following two options by giving notice of such election to the Escrow Agent and Lessor, and the Escrow Agent shall disburse such Net Proceeds in accordance with the option so elected: (1) Option A - Repair, Reconstruction and Restoration. The County may elect to repair, reconstruct and restore the Equipment. Upon election of this Option A, the County shall proceed to cause the Equipment to be repaired, reconstructed and restored to substantially the same condition as had existed prior to the event causing 'such damage or destruction, with such alterations and additions as the County may determine to be necessary or desirable and as will not impair the capacity or character of the Equipment for the purposes for which it had been or was intended to be used prior to such damage or destruction. The County shall direct the Escrow Agent to create a special account in the Escrow Fund and deposit such Net Proceeds therein. So long as the County is not in default under this Lease Agreement, the County may direct the Escrow Agent upon receipt of a request made in accordance with Section 5.3 hereof, to apply so much as may be necessary of such Net Proceeds to payment of the cost of such repair, reconstruction and restoration, either on completion thereof or as the work progresses. If such Net Proceeds are not sufficient to pay in full the cost of such repair, reconstruction and restoration, the County shall pay to the Escrow Agent, subject to Section 4.3, within 90 days of receipt of such Net Proceeds, so much of the cost thereof as may be in excess of such Net Proceeds for deposit into such special account in the Escrow Fund. The County shall not be entitled by reason of the payment of such excess cost to any (A) interest in the Equipment that it did not'possess prior to such payment, (B) reimbursement from Lessor, or (C) abatement or diminution of Basic Rent or Additional Rent. (2) Option B - Prepayment of Basic Rent. The County may elect to have such Net Proceeds applied to the prepayment of all or any portion of the Basic Rent due hereunder. Section 6.2. Loss of Title. (a) In the case of loss of all or any part of the Equipment because of loss of title thereto, or the commencement of any proceedings or negotiations which might result in such a loss, the party upon whom notice of such taking is served or with whom such proceedings or negotiations are commenced or who learns of a loss of title shall give prompt notice to the other. Each such notice shall describe generally the nature and extent of such loss, proceedings or 16 negotiations. All obligations of the County under this Lease Agreement (except obligations to pay Basic Rent when due) shall terminate as to the Equipment or portion thereof as to which there is a loss of title when such loss of title is finally adjudicated or when title thereto vests in the party condemning or taking the same, as the case may be (hereinafter referred to as the "termination date"). (b) In the event of any such loss of title, the County, upon the following conditions and within 90 days after the termination date therefor, shall deposit all Net Proceeds in a special account within the Escrow Fund and elect one of the following two options by giving notice of such election to Lessor: (1) Option A - Replacement. The County may elect to have the Net Proceeds as to such loss of title used to replace the portion of the Equipment as to which there has been a loss of title to substantially its condition prior to such loss of title. Upon election of this Option A, the County shall direct the Escrow Agent to create a special account in the Escrow Fund and deposit such Net Proceeds therein. So long as the County is not in default under this Lease Agreement, the County may direct the Escrow Agent upon receipt of a request made in accordance with Section 5.3 hereof, to apply so much as may be necessary of the Net Proceeds received by it on account of such loss of title to payment of such replacement of the Equipment, either on completion thereof or as the work progresses. If such Net Proceeds are not sufficient to pay in full the cost of such replacement, the County shall pay to the Escrow Agent, subject to Section 4.3, within 90 days of receipt of such Net Proceeds, so much of the cost thereof as may be in excess of such Net Proceeds for deposit into such special account in the Escrow Fund. The County shall not be entitled by reason of the payment of such excess cost to any (A) interest in the Equipment that it did not possess prior to such payment, (B) reimbursement from Lessor, or (C) abatement or diminution of the Basic Rent or Additional Rent. (2) Option B - Prepayment of Basic Rent. The County may elect to have such Net Proceeds applied to the prepayment of all or any portion of the Basic Rent due hereunder. (c) Lessor shall, at the expense of the County, cooperate fully with the County in any contest over title with. respect to the Equipment or any portion thereof and shall, to the extent it may lawfully do so, permit the County to litigate, at the expense of the County, in any such proceeding in the name and behalf of Lessor. In no event shall Lessor voluntarily settle, or consent to the settlement of, any proceedings as to title with respect to the Equipment or any portion thereof without the consent of the County. 17 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Section 7.1. Events of Default. (a) Subject to the provisiOns of Section 7.1(c), the following events shall be "events of default" under this Lease Agreement, and the terms "event of default" or "default" shall mean, whenever they are used in this Lease Agreement, any one or more of the following events: (1) Failure of the County (A) to pay the full amount of Basic Rent within 10 days of the date established under Section 4.2 or (B) to make any payment of Additional Rent required by Section 4.2 when due; or (2) Failure of the County to pay when due any payment due under this Lease Agreement, Other than payments under Section 4.2, or to observe and perform any covenant, condition or agreement on its part to be observed or performed, which failure shall continue for a period of 60 days after notice is given, or in the case of any such default that cannot with due diligence be cured within such 60 day period, failure of the County to proceed promptly to cure the same and thereafter prosecute the curing of such default with due diligence. (b) The provisions of the foregoing subparagraph (a)(2) are 'subject to the limitation that if by reason of force majeure the County is unable in whole or in part to perform any of its covenants, conditions or agreements hereunder other than those set forth in Sections 4.2, 4.3, 4.4, 4.5, 4.7, 4.10, 4.11, 4.13 and 4.14, the County shall not be deemed in default during the continuance of such inability, The term "force majeure" as used herein shall include without limitation acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States of America or the Commonwealth of Virginia or any political subdivision thereof or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; restraint of government and people; or civil disturbances. The County shall remedy with all reasonable dispatch the cause or causes preventing the County from carrying out its covenants, conditions and agreements, provided that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the County, and the County shall not be required to make settlement of strikes, lockouts and other industrial disturbances by acceding to the demands of any opposing party when such course is in the judgment of the County not in its best interests. (c) Notwithstanding anything contained in this Section to the contrary, (1) failure by the County to pay when due any payment required to be made under this Lease Agreement or (2) failure by the County to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Lease Agreement, either of which results from failure of the County to appropriate moneys for such purposes, as described in Section 4.3, shall not constitute an event of default. Upon any such failure to appropriate, the provisions of Article VIII shall be applicable. 18 SeCtion 7.2. Remedies. Whenever any event of default shall have happened and is continuing, Lessor may take any one or more of the following remedial steps, without further demand or notice: (a) declare mediately due and payable the entire unpaid principal balance of Basic Rent due and thereafter to become due through and including ., 2013; (b) take possession of all or any portion of the Equipment, with or without terminating this Lease Agreement, exclude the County from possession, and sell, lease or sublease Lessor's interest in all or any portion of the Equipment for the account of the County, holding the County liable, subject to the provisions of Section 4.3, for all Basic Rent and Additional Rent due up to the effective date of such sale, lease or sublease and for the difference between the rent and other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease and the rents, and the Basic Rent and other amounts payable by the County hereunder; or (c) take whatever action at law or in equity may appear necessary or desirable to collect the Basic Rent and the Additional Rent then due and thereafter to become due, or to enforce performance and obserVance of any obligation, agreement or covenant of the County under this Lease Agreement. In any of such cases, all rights and interests created or then existing in favor Of the County as 'against Lessor hereunder shall cease and terminate, and the right to the possession of the Equipment and all other rights acquired by the County hereunder shall revert to and revest in Lessor without any act of Lessor to be performed and without any right of the County of return, reclamation or compensation for moneys paid under this Lease Agreement as absolutely, fullY and perfectly as if this Lease Agreement and such payments had never been made; and in case of such default all payments theretofore made on this Lease Agreement are to be retained by and belong to Lessor as the agreed and reasonable rent of the Equipment up to the time of such default. Any amounts received by Lessor pursuant to the foregoing provisions shall be applied first to costs, then to any unpaid interest and then to repayment of principal, and upon payment in full of all amounts due such excess shall be deposited in the Escrow Fund and credited to the next Payment of Basic Rent to the extent Basic Rent has not been paid in full. This provision shall survive termination of this Lease Agreement. Section 7.3. Reinstatement after Event of Default. Notwithstanding the exercise by Lessor of any remedy granted by Section 7.2, unless Lessor or its assignee shall have sold .its interest in all or any portion of the Equipment or shall have entered into a firm bilateral agreement providing for the reletting of all or any portion of the Equipment for at least one year, if the balance of Basic Rent shall not 'have been accelerated pursuant to Section 7.2(a) and all overdue Basic Rent, together with any interest thereon, and all Additional Rent shall have been paid, then the County's. default under this LeaSe Agreement shall be waived without further action by Lessor. Upon such payment and waiver, this Lease Agreement shall be fully reinstated and all Basic Rent payments will be due and payable in accordance with Exhibit A, and the County shall be restored to the use, occupancy and possession of the Equipment; provided, however, if all or any portion of the Equipment has been relet for less than one year, the County shall not be restOred to the use, occupancy and possession thereof until the end of such lease. 19 Section 7.4. No Remedy Exclusive. No remedy conferred by this Lease Agreement upon or reserved to Lessor is intended to be exclusive of any other available remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof or acquiescence therein, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 7.5. No Additional Waiver Implied by One Waiver. Failure by Lessor at any time to require performance by the County of any provision hereof shall in no way affect Lessor's right hereunder to enforce the same, nor shall any waiver by Lessor of any breach of any provision hereof be held to be a waiver of any succeeding breach of any such provision, or as a waiver of the provision itself. Section 7.6. Attorneys' Fees and Other Expenses. Subject to Section 4.3, the County shall on demand pay to Lessor and the Escrow Agent the reasonable fees of attorneys and other reasonable expenses incurred by either of them in the collection of appropriated, but unpaid, Basic Rent or Additional Rent, or the enforcement of any other obligation of the County, or its agents, upon an Event of Default. ARTICLE VIII TERMINATION OF LEASE Section 8.1. Right To Terminate for Nonappropriation. If by June 30 of any year, the Board of Supervisors has failed to appropriate moneys sufficient for the payment of Basic Rent and estimated Additional Rent for the following Fiscal Year, the County Executive shall give notice to Lessor, of such failure to appropriate within 5 business days thereafter, and if no such appropriation has been made by the July 15 of the then current year, the County and Lessor each shall have the right to terminate this Lease Agreement by giving notice of the exercise of its rights pursuant to this Section to the other party and the Escrow Agent. In addition, on or after such time LessOr may terminate this Lease Agreement and exclude the County from possession of the Equipment in accordance with Section 8.2. Section 8.2. Rights upon Termination in the Event of Non-Appropriation; Upon termination of this Lease Agreement pursuant to Section 8.1, Lessor, upon 30 days' notice of its intent to do so, may repossess the Equipment and sell, lease or sublease Lessor's interest in all or a portion of the Equipment; provided that Lessor shall not be entitled to repossess the Equipment or deliver possession of the Equipment to any other lessee or sublessee 20 earlier than the effective date of the termination specified in Section 8.1 or notice delivered pursuant to this Section 8.2. Section 8.3. Reinstatement after Termination in the Event of Non-Appropriation. Notwithstanding any termination of this Lease Agreement in accordance with Section 8.1, unless Lessor or its assignee has sold its interest in all or any portion of the Equipment or has entered into an agreement providing for the reletting of all or any portion of the.Equipment for a period of at least one year, if all overdue Basic Rent, together with any interest thereon, and Additional Rent has been paid, this Lease Agreement shall be fully reinstated, and the County shall be restored to the use, occupancy and possession .of the Equipment provided that the conditions set forth in Section 7.3 are satisfied. Section 8.4. Termination In Certain Other Events. Upon prepayment in full of all Basic Rent and Additional Rent in accordance with Sections 4.2, 6.1(b)(2) or 6.2(b)(2), this Lease Agreement shall be terminated and title to the Equipment shall become permanently vested with the County. To exercise such option the County shall within 60 days after the event authorizing its exercise give notice to Lessor and specify a date not more than 90 days thereafter for the termination of this Lease Agreement. ARTICLE IX COVENANTS; AMENDMENTS Section 9.1. Use of Proceeds and Preservation of Tax-Exempt Status. The County shall not take or omit to take any action the taking or omission of which will cause the interest component of the Basic Rent payments to be includable in gross income of Lessor for Federal income tax purposes or will cause this Lease Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code. Section 9.2. Private Activity Covenants. The County covenants not to permit the proceeds derived from this Lease Agreement to be used in any manner that would result in (a) 10% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, provided that no more than 5% of such proceeds may be used in a trade or business unrelated to the County's use of the Project, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest component of the Basic Rent 21 payments from being includable in the gross income for Federal income tax purposes under existing law, the County need not comply with such covenants. Section 9.3. Amendments. (a) parties. This Lease Agreement may not be amended except in writing agreed to by the (b) Lessor agrees to amend this Lease Agreement as necessary to provide for the lease/purchase of additional Equipment at a cost of up to $5,000,000, if prior to February , 2004, the County notifies Lessor of its intent to lease such Equipment. Interest due on any additional principal components resulting from the lease of such Equipment shall be calculated by multiplying the rate on [10-year U.S. Term Treasury obligations [add date of determination and source] by .65 plus a spread of 50 basis points (provided that such calculation does not produce a rate greater ~than 6.0% per year), and calculated on the basis of a 360-day years of twelve 30-day months]. ARTICLE X MISCELLANEOUS Section 10.1. Notices. Unless otherwise provided herein, all demands, notices, approvals, consents, requests, opimons and other communications hereunder shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed (a) if to the County, at 401 Mclntire Road, Charlottesville, Virginia 22902 (Attention: Director of Finance), (b) if to Lessor, at 555 California Street, 4th Floor, San Francisco, California 94104 (Attention: ), and (c) if to the Escrow Agent, at ., , (Attention: Corporate Trust). The County, Lessor and the Escrow Agent may, by notice given hereunder, designate any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. Section 10.2. Severability. If any provision of this Lease Agreement shall be held invalid by any court of competent juriSdiction, such holding shall not invalidate any other provision hereof. Section 10.3. Successors and Assigns. This Lease Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 22 Section 10.4. Assignment by Lessor. (a) Lessor shall _be entitled to assign its fight, title and interest in Agreement and Equipment [on a private placement basis to qualified purchasers]. this Lease (b) Lessor shall be entitled to assign its fight, title and interest in this Lease Agreement to a trustee for the purpose of issuing certifiCates of participation or other forms of certificates evidencing an undivided interest in this Lease Agreement, provided such certificates are sold only on a private placement basis (and not pursuant to any '~public offering") to a purchaser(s) who ~epresents that (1) such purchaser has sufficient knowledge and experience in financial and business matters to be able to evaluate the risks and merits of the investment, (2) such purchaser understands neither the Lease or certificates will be registered under the Securities Act of 1933, (3) such purchaser is either an "accredited investor" within the meaning of Regulation D under the Securities Act of 1933, or a qualified institutional buyer within the meaning of Rule 144A, and (4) that it is the intention of such purchaser to acquire such certificates (A) for investment for its own account or (B) for resale in a transaction exempt from registration under the Securities Act of 1933. (c) Lessor acknowledges that the County shall have no obligation to provide any information or otherwise participate in any limited offering occasioned by an assignment under subsections (a) or (b) above. Section 10.5. Counterparts. This Lease Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument; except that to the extent, if any, that this Lease Agreement shall constitute personal property under the Virginia Uniform Commercial Code, no security interest in this Lease Agreement may be created or perfected through the transfer or possession of any counterpart of this Lease Agreement other than its original counterpart. Section 10.6. Entire Agreement. This Lease Agreement expresses the entire understanding and all agreements between the parties. Section 10.7. Governing Law. This Lease Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 23 IN WITNESS WltEREOF, the parties have caused this Lease Agreement to be duly executed and effective as of the date written above by their duly authorized representatives. FIRST UNION NATIONAL BANK~ as Lessor By Its BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA, on behaff of the COUNTY OF ALBEMARLE, VIRGINIA, as Lessee By County Executive as Escrow Agent B NK, By Its SCHEDULE OF BASIC RENT PAYMENTS Principal Interest Exhibit A Due Date Total Payment Exhibit B EQUIPMENT DESCRIPTION [The Equipment shall consist of the 800 MHz analog tmnked radio communication system, including all hardware, software, testing and training equipment and materials furnished to the County pursuant to the System Purchase Contract, as listed below:l Model Description Serial No. (if any) Quantity Purchase Price FORM OF REQUISITION Exhibit C Bank Attention: Corporate Trust Administration Dear Sir or Madam: On behalf of the County of Albemarle, Virginia (the "County"), you are hereby presented this requisition for payment from the Escrow Fund established under the Equipment Lease/Purchase Agreement dated as of ,2003 (the "Lease Agreement"), between Bane of America Leasing & Capital LLC, the County and you, as Escrow Agent, for the sum of $ to in connection w/th expenses incurred for services rendered as The undersigned hereby certifies that: 1. The invoice has been incurred in defined in this Lease Agreement); 2. 3. or about the construction of the Project (as The item is a proper charge against the Escrow Fund; and The obligation has not been the basis for a prior invoice which has been paid. Attached hereto is an invoice or other appropriate documentation evidencing the obligation described in this invoice. All capitalized terms used but not defined herein have the same meaning as defined in the Lease Agreement. Authorized Representative of the County, County of Albemarle, Virginia APPROVAL Pursuant to Section 5.3(b), the undersigned consents to the payment of the invoices referenced above. Date: BANC OF AMERICA LEASING & CAPITAL, LLC By: Its: CERTIFICATE OF ACCEPTANCE Exhibit D Banc of America Leasing & Capital, LLC 555 California Street 4th Floor San Francisco, CA 94104 Gentlemen: In accordance with the terms of the Equipment Lease/Purchase Agreement dated as of , 2003 (the "Agreement"), between Bane of America Leasing & Capital, LLC (the "Lessor"), the undersigned ("the Lessee") and Bank, as Escrow Agent, the Lessee hereby certifies and represents to, and agrees with the Lessor as follows: 1. All of the Equipment (as defined in the Agreement), which is generally described as follows, has been delivered at the location specified below and has been accepted as of the date indicated below: Description of Leased Property_ Location Date Accepted 2. The Lessee has conducted such inspection and/or testing of the above described portion of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts such Equipment for all purposes. ALBEMARLE COUNTY, VIRGINIA, Lessee By: Authorized Representative Date: 26222.000031 RICHMOND 1049898vl COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: 800 MHz Radio System Resolution SUBJECT/PROPOSAL/REQU EST: Adoption of resolution which approves final terms of financing for the 800 MHz Radio System STAFF CONTACT(S): Tucker, Foley, White, Hanson BACKGROUND: AGENDA DATE: August 13, 2003 ACTION: X ITEM NUMBER: INFORMATION: CONSENTAGENDA: ACTION: INFORMATION: The County of Albemarle as fiscal agent for the Emergency Communications Center agreed to be the financing entity for the 800 MHz Radio System. DISCUSSION: Approximately $12 million of the $18.9 million project is anticipated to be financed. Financing proposals were received from the leasing division of the two banks. After evaluations of these proposals by staff and Davenport & Company, as financial advisors, we have concluded that the proposal from Bank of America offers the most attractive rate and terms. Currently it is anticipated that negotiations of the final terms will be completed to allow closing by September 1, 2003. A resolution authorizing this financing must be adopted by the Board of Supervisors prior to closing. Although terms have not been finalized we anticipate an interest rate of 3.5% based on a ten-year amortization. Due to the possibility of a sizable grant from the Department of Homeland Security financing terms will include provisions for either early payment (without penalty) for up to $5 million of the $12 million financing or a deferral in issuing the $5 million pending award of the grant. RECOMMENDATION: Adoption of the attached resolution authorizing staff to approve the final terms of the financing and authorizing the Executive to execute the necessary document. County 03.105 A RESOLUTION APPROVING A PLAN OF LEASE FINANCING WITH BANC OF AMERICA LEASING & CAPITAL, LLC FOR THE ACQUISITION AND CONSTRUCTION OF A PUBLIC SAFETY EMERGENCY 911 COMMUNICATION SYSTEM WHEREAS, the Board of Supervisors (the "Board of Supervisors"), on behalf of Albemarle County, Virginia (the "County"), desires to finance the acquisition and construction of a public safety emergency 911 communication system (the "Project") by means of a lease/purchase financing with Banc of America Leasing & Capital, LLC (the "Bank") pursuant to the terms of the Bank's proposal dated August 4, 2003 (the "Proposal"), attached hereto as Exhibit A; WHEREAS, there has been presented to this meeting a draft of an Equipment Lease/Purchase Agreement to be dated the date of its delivery (the "Lease Agreement"), between the Bank, as Lessor, the County, as Lessee, and, if desired by the County, with a bank or trust company to act as escrow agent, a copy of which shall be filed with the records of the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board approves the following plan of financing. The County is authorized to enter into a lease/purchase financing with the Bank pursuant to the terms of the Proposal. The Bank shall acquire, or cause to be acquired, the Project, and the County shall lease the Project from the Bank in accordance with the terms of the Lease Agreement. The County shall make payments of Basic Rent (as defined in the Lease Agreement) to the Bank. 2. The terms of the Lease Agreement shall provide for the following: (a) the term of the Lease Agreement shall expire no later than December 31, 2014; (b) the principal components of Basic Rent payable under the Lease Agreement shall be payable on dates determined by the Countv Executive until the expiration of the Lease Agreement, in amounts as determined by the County Executive, provided that the total amount of such principal components shall not exceed $12,000,000; (c) the interest components of Basic Rent payable under the Lease Agreement shall be payable on dates determined by the County Executive at a rate calCulated by multiplying the rate on 10-year U.S. Term Treasury obligations by .65 plus a spread of 50 basis points (provided that such calculation does not produce a rate greater than 6.0% per year), and calculated on the basis of a 360-day years of twelve 30-day months; and (d) shall be subject to optional prepayment upon terms determined by the County Executive and in accordance with the terms of the Proposal, all as the County Executive determines to be in the best interest of the County. 3. The Chairman of the Board and the County Executive, either of whom may act, are authorized and directed to execute the Lease Agreement, which shall be in substantially the form submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Lease Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all actions necessary or desirable in connection with the execution and delivery of the Lease Agreement and the completion of the financing. 5. The obligations of the County under the Lease Agreement shall be limited obligations payable solely from funds to be appropriated by the Board for such purpose and shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit of the County beyond any fiscal year for which the Board has lawfully appropriated from time to time. Nothing herein or in the Lease Agreement shall constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit or taxing power of the County. 6. The Board believes that funds sufficient to make payment of all amounts payable under the Lease Agreement can be obtained. While recognizing that it is not empowered to make any binding commitment to make such payments beyond the current fiscal year, the Board hereby states its intent to make appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Lease Agreement. The Board directs the County Executive, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Lease Agreement an amount sufficient to make the payment of all amounts payable under the Lease Agreement for such fiscal year. As soon as practicable after the submission of the County's annual budget to the Board, the County Executive is authorized and directed to deliver to the Bank evidence that a request for an amount sufficient to make the payment of all amounts payable under the Lease Agreement during such fiscal year has been made. If at any time during any fiscal year of the County, through the fiscal year ending June 30, 2014, the amount appropriated in the County's annual budget in any such fiscal years is insufficient to pay when due the amounts payable under the Lease Agreement, the Board directs the County Executive, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 7. (a) The County covenants that it will not take or omit to take any action the taking or omission of which will cause the Lease Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause the interest components of Basic Rent due under the Lease Agreement to be includable in the gross income of the holder thereof under existing statutes. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the funds received under the Lease Agreement, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest due under the Lease Agreement from being includable in the gross income for federal income tax purposes of the holder thereof under existing law. (b) The County covenants that during the term of the Lease Agreement it shall not permit the Project or the proceeds derived from the Lease Agreement to be used in any 2 manner that would result in (a) 10% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, provided that no more than 5% of such proceeds may be used in a trade or business unrelated to the County's use of the Project, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141 (c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest components of Basic Rent from being includable in the gross income for Federal income tax purposes of the holder thereof under existing law, the County need not comply with such covenants. 8. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the funds received under the Lease Agreement, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other actions of the officers of the County that are in conformity with the purposes and intent of this Resolution and in furtherance of this financing and the undertaking of the Project are approved and ratified. 11. All resolutions or pans of resolutions in conflict herewith are repealed. 12. This Resolution shall take effect immediately. [Attach Banc of America' s Proposal] EXHIBIT A SUMMARY OF TERMS AND CONDITIONS Egll RADIO SYSTEM PROJECT Date: Lessee: Lessor: Vendor: Equipment Description: August 4, 2003 Albemarle County, Virginia Banc of America Leasing & Capital, LLC or its designee ("Lessor"). Motorola 800 MHz Communications System towers and related infrastructure. For any equipment purchased by Lessee prior to any funding, Lessee must provide Lessor with a reimbursement resolution from the appropriate governing body, adopted within 60 days of incurring the expenditure that is to be reimbursed by Lessor. (individually "Unit" and collectively "Equipment") Maximum Purchase Price: The lower of $12,000,000.00 and the fair market value of the Equipment, which may with Lessor's prior consent include soft costs, such as freight, installation and taxes paid up front by Lessor not exceeding 20% of the Maximum Purchase Price. It is anticipated that all equipment will be purchased on or before September 1, 2004. Term: Progress Payments: Lessor may approve partial payments ("Progress Payments") to Vendor before Lessee's acceptance of the Equipment. Interest on such Progress Payments will accrue at the rate of 6-month LIBOR + 100bp and will be payable semi-annually commencing March 1, 2004 on the amount advanced. Lessor's obligation to fund such progress payments will be contingent upon receipt of Completion and Performance Bonds from the Vendor, satisfactory to Lessor. If the Equipment is not accepted under the Lease by the end of the Utilization Period, all applicable Progress Payments must be repaid together with accrued interest. Lease Commencement Date: A Lease Commencement Date of September 1, 2004 has been assumed for the attached amortization schedule. This schedule assumes semi-annual interest payments and annual principal payments. Lease Term: 10 years Banc of America Leasing & Capital, LLC Page 4 of 7 Fixed Tax-Exempt Rate: Index: End of Term Option: Lease Structure: Governmental Entity,. Lease: l arly Termination/ Prepayment: Utilization Period: The maximum utilization period will be through March 31, 2005, subject to no material adverse change, no event of default and no event of non-appropriation. The fixed tax-exempt interest rate will be calculated according to the following formula: 10-year U.S. Term Treasury x .65 plus a spread of 50 basis points, and the rate will be fixed at the time of funding. As of August 4, 2003, the fixed tax-exempt interest rate is 3.3497 %. The index for calculating the fixed interest rate is based is the bond-equivalent yield per annum for 10-year U.S. Treasury obligations. As of August 4, 2003 the Bloomberg 10-year U.S. Treasury was 4.38 %. Rents will be calculated on a 30/360 day basis. At the end of the Lease Term, Lessee will purchase all, but not less than all of the equipment for $1. This lease is a lease intended as security transaction; all tax benefits will remain with Lessee; the lease will be a net financial lease, and all expenses, including (but not limited to) insurance, maintenance, and taxes, will be for the account of Lessee. The lease will be subject to non,appropriation and Virginia law. The Base Rent installments are calculated on the assumptions, and Lessee will represent, that Lessee is a state or political subdivision of a state within the meaning of Section 103(c) of the Internal Revenue Code (the "Code") and that this transaction will constitute an obligation of Lessee within the meaning of Section 103(a) of the Code. Lessee shall provide Lessor with such evidence as Lessor may request to substantiate and maintain such tax status. Lessee shall comply with the filing requirements of Section 149 (e) of the Code. Lessee will pay Lessor amounts calculated at a taxable rate sufficient to maintain Lessor's yield in the Lease, in the event Lessor suffers a loss of Federal income tax exemption of the interest portion of the rentals. In anticipation of potential Grant Monies'that may be received in connection with this project, Lessee shall have the right to prepay up to $5 million of the Maximum Purchase Price without penalty at any t/me after the first twelve months of the Lease for reimbursement by Grant Monies. However, notwithstanding any prepayment as the result of the receipt by Lessee of Grant Monies, Lessor will retain a first security interest in and to the entire collateral package throughout the Lease Term. Bane of America Leasing & Capital, LLC Page 5 of 7 With respect to amounts in excess of the reimbursement by Grant Monies, there will be no prepayment allowed by Lessee during the first year of the Lease. Thereafter, Lessee may prepay the Lease at any time without penalty if interest rates go up. In the event interest rates decline, a prepayment premium of 1% will be charged during the first 1/2 of the Lease Term. Thereafter, the Lessee may prepay the Lease at any time, without penalty. Notwithstanding any prepayment, Lessor will retain a first security interest in and to the entire collateral package until the Lease is paid in full. Escrow Account: If Lessee so desires, subject to compliance with applicable regulations under the Internal Revenue Code, including, but not limited to arbitrage reporting, the proceeds of the Lease may be deposited ~n an escrow acceptable to Lessor, and disbursements made therefrom to pay for Equipment upon the execution and delivery of an acceptance certificate (and related documents) by Lessee and approved by Lessor. Assignment by Lessor: Lessor shall be entitled to assign its right, title and interest in the Lease and leased equipment on a private placement basis to qualified purchasers. In addition, Lessor shall be entitled to assign its right, title and interest in the Lease to a trustee for the purpose of issuing certificates of participation or other forms of certificates evidencing an undivided interest in such Lease, provided such certificates are sold only on a private placement basis (and not pursuant to any "public offering") to a purchaser(s) who represents that (I)such purchaser has sufficient knowledge and experience in financial and business matters to be able to evaluate the risks and merits of the investment (ii) such purchaser understands neither the Lease or certificates will be registered under the Securities Act of 1933, (iii) such purchaser is either an "accredited investor" within the meaning of Regulation D under the Securities Act of 1933, or a qualified institutional buyer within the meaning of Rule 144A, and (iv) that it is the intention of such purchaser to acquire such certificates (A) for investment for its own account or (B) for resale in a transaction exempt from registration under the Securities Act of 1933. Lease Documents: Lease documents in form and substance satisfactory to Lessor and its local counsel must be executed and delivered. Non-appropriations provisions must be satifactory to Lessor. If Lessor requests, Lessee will also furnish duly executed landlord and mortgagee waivers and supporting information. Lessee will also provide board resolutions, incumbency certificates and other documentation required by Lessor. Banc of America Leasing & Capital, LLC Page 6 of 7 Opinion of Counsel: Lessee's counsel shall deliver an opinion to Lessor at closing in form and substance satisfactory to Lessor. The opinion of counsel will cover the following tax matters, in addition to other customary opinions: (b) (c) (d) The portion of Base Rent designated as and constituting interest paid by Lessee and received by Lessor is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 and is exempt from Commonwealth of Virginia personal income taxes; Such interest is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes; and Counsel has examined, approved and attached the text of the enabling resolution of Lessee's governing body-authorizing Lessee to enter into the Lease. Use of the Equipment by both the City of Charlottesville and the University of Virginia does not constitute "private use." Credit Due Diligence Fees and Expenses: In order to complete its credit due diligence, Banc of America Leasing Credit Administration will need Lessee to provide: 1. Three years of your most recent audited financial statements 2. Most recent fiscal year's Budget 3. Insurance Certificate 4. Acknowledgment by Lessee that any "operating agreement" by and between Lessee, the University of Virginia and the City of Charlottesville in connection with the operation of the system is subject and subordinate to Lessee's obligations under the Lease. Lessor will be responsible for its own costs of legal review and documentation, and Lessee will be responsible for its own costs of legal review and documentation in the drafting and execution of the Lease. If Lessee chooses to fund this transaction in to an escrow account, there will be a monthly charge of $10, and there are per item charges for deposits and credits. Utilization Period Expiration Date: The latest date for any funding will be March 5, 2005, subject to the conditions in the "Utilization Period" provision, above. Banc of America Leasing & Capital, LLC Page 7 of 7 AGREEMENT OF LEASE THIS LEASE AGREEMENT is made as of this day of__., 2003, by and between the COUNTY OF ALBEMARLE, ("the County"), a political subdivision of the Commonwealth of virginia~ and the CITY OF CHARLOTTESVILLE, ("the City") a municipal corporation ("County and City") and THE LEWIS & CLARK EXPLORATORY CENTER OF VIRGINIA, INC. ("Tenant"). WITNESSETH: ARTICLE L FACTUAL BACKGROUND Section 1.1. The Lewis & Clark Expedition, one of America's greatest adventures, began in Charlottesville-Albemarle at Monticello, where President Thomas Jefferson and Meriwether Lewis planned the trip west. Section 1.2. Both Thomas Jefferson and Meriwether Lewis are Albemarle natives; William Clark and his family were Central Virginians who had lived in Albemarle, where his older brother and mentor George Rogers Clark was born. Section 1.3. Jefferson's homeland of Charlottesville-Albemarle County is uniquely suited for visitors to explore and discover the Corps of Discovery and Jefferson, Lewis and Clark, and also the geography, plants, wildlife and Native American cultures that comprised the nation at the begionlng of the 19th Century. Section 1.4. Tenant is a Virginia non-stock corporation. Section 1.5. The northern end of Darden Towe Park along the Rivarma River, which connects with the George Rogers Clark birthplace, is uniquely situated to provide a premier site for the Facility. Section 1.6. The property at the northern end ofDarden Towe is also located along the SoUthwest Mountains and historic Route 20, which connect the homes of Thomas Jefferson, James Madison and James Monroe, as well as other early Virginia explorers such as Dr. Thomas Walker. Section 1.7. The Facility will complement the visitor experience at Monticello, the University of Virginia, Ashlawn-Highland and other important Central Virginia attractions and enhance our communities' connection with the Rivanna Rivbr. It will also commemorate both the LeWis & Clark Expedition and George Rogers Clark, the conqueror of the old Northwest Territory. Section 1.8. The Facility will be designed in a manner that is environmentally and esthetically sensitive and developed in a manner to enhance the natural beauty of both the Rivanna River and Darden Towe Park. ARTICLE H. PREMISES. Section 2.1. Premises. In consideration of the rents and covenants herein set forth, the County and City hereby lease to the Tenant, and the Tenant hereby rents from the County and City,. the property shown as cross-hatched on Schedule A attached hereto and made a part hereof together with any and all improvements thereon (the "Leased Premises"). Section 2.2. Tenant Access. The Leased Premises do not include any access over or fight to use the residue of the County or City property at Darden Towe Park. Section2.3. County and City access. The Tenant grants to the County and the City reasonable access for ingress and egress across and.through the Leased Premises. Section 2.4. Greenway Trail. The County and City reserve to themselves access to a variable-width strip along the Rivanna River for a pedestrian greenway trail which includes the right to connect such trail~to a pedestrian bridge crossing the Rivanna River from the Leased Premises. Section 2.5. Construction of a State Highway or Other Public Transportation Purpose. The Cotmty and City reserve the fight to withdraw a portion of the Leased Premises as necessary for the construction of a state highway or for any other public transportation purpose. The County and City further reserve the right to withdraw any portion of the Leased Premises not improved as of July 1, 2008, or used in support of then-existing improvements. Section 2.6. Rivanna Watershed Cente~... T~_e. ....... T_e_n_aq.._[.ag.re_e_s..tp._p. rgv_~_d~..~..pq~ipp..p?..~ __ .... Comment: ~.ho., the Leased Premises for use by the Rivanna Watershed Center, any costs associated by said use w,,~,.~,~d ¢'.,,,,er.' .X.,.* .l:i,'d-pmL~ asa ~,hol;l,q i)2 ,qlbJ~'cl :o ()rc-al)[m;~al by lite to be borne by the Rivanna Watershed Center. c,,,,,:.. ,,,,~ ti::. Section 2.7 Overflow Parking. Any parking constructed on the leased Premises shall be available for users of Darden Towe Park, unless the Tenant is holding a designated special event, for which it may reasonably reserve parking. The County, the City, and the Tenant shall work cooperatively in managing parking issues during a special event. ARTICLE IH. TERM. The term of this lease shall commence as of 12:01 a.m. on July 1, 2003 (the "Date of Commencement") andshall expire at 12:00 midnight on June 30, 20431_, .u..n.le.s~ ~o~0~n~r...te...~_.ingt~e_d ....... ~cohg,~,t~. c~,,7,,,~, c,,. ~.,,,~.,..,,,-,~,, or extended as provided herein. The term "Lease Year" as used herein shall mean the period =~,,,~,,,.. I.'. Ih~','¢ a ,h,m¢, ,ira= rcs.iicli,m from July lofany year to June 30 of the following year. ,,,, ti,:..,...:,,..~: ARTICLE IV. RENT. Commencing July 1, 2003, the Tenant agrees to pay to the County and City "Annual Rent" of $10.00 per lease year payable annually on or about July 1 of each year. ARTICLE V. USE OF PROPERTY. Section 5.1. Permitted Use. The Tenant shall have the right to use the Leased Premises for the purposes of design, development, construction, operation, maintenance, repair and replacement of the Facility, and for no other purposes without the County's and City's consent. Section 5.2. Commercial Promotion and Advertising. The Tenant shall not promote commercial businesses or corporations in outside signage on the Leased Premises or in advert/sing circulated to the general public except with prior written consent of the County and the City. ARTICLE VI. DEVELOPMENT, IMPROVEMENTS AND SIGNAGE. Section 6.1. Development by Tenant. No improvements of any kind, including roadways and parking areas, shall be made to the Leased Premises except with the County and City's prior written consent both as to the improvements and as to the contractors and subcontractors performing the work. Section 6.2. Compliance with County, State and Federal Law. No improvements shall be undertaken on the Leased Premises unless and until the Tenant shall have obtained any and all local, state and federal governmental approvals and permits, and all such improvement shall be undertaken in strict compliance with all County, state and federal rules, regulations and laws. Section 6.3 Removal of Improvements. Upon the expiration or sooner termination of this Lease, the County and City shall have the option (exercisable upon sixty (60) days notice to the Tenant except in the case of a termination of this Lease due to a default by the Tenant, in which case no such notice shall be required) to require the Tenant to remove, at Tenant's sole cost and expense, any and all improvements made by the Tenant to the Leased Premises which have not been made with the County and City's consent or iapp~rpy_a.1,...'m...,jpl_a~ip_n.p?...S.e.~.t, igp ._6:.!.' !)~rgp.f_, ?.~r. ..... _c C0mmant~ qe~tiofi 6.:1 pri~hibits tl~e tO elect to keep such improvements as the County and City's property. In the event the Tenant is ¢,,,,..,,,~,i,,, ,,',,,,,. ~,.p,.,,,..,~,~.,,,.s requ/red to remove any improvements, (i) the Tenant shall be responsible for the restoration of the Leased Premises to their prior condition, and (ii) ff the Tenant fails to properly restore the Leased Premises, the County and City may perform the same at the Tenant's cost and expense. . Section 6.4 No Liens. The Tenant shall permit no mechanic's hens, materialmen's liens or other statutory liens to attach to the Leased Premises as a result of any alterations, improvements, additions or repairs performed by the Tenant or at the Tenant's direction. If any such lien or notice of lien rights shall be filed with respect to the Leased Premises, the Tenant shall immediately take such steps as may be necessary to have such lien released, and shall permit no further work to be performed at the Leased Premises until such release has been accomplished. Section 6.5. Bond for Improvements. The County and City may require the Tenant to provide a bond, surety or other security prior to the commencement of any work on any improvements to the Leased Premises to assure that any such improvements are completed in a timely and workmanlike manner. Section 6.6. Signage. The Tenant shail have the right to place signs on the interior or exterior of the Leased Premises only in conformity with all local regulations and with the prior written approval of the County and City that shall not be unreasonably withheld. Signs in existence on the date of this Lease are approved. ARTICLE VIi. MAINTENANCE OF LEASED PREMISES. Section 7.1. Maintenance by Tenant. The Tenant shall, at its own cost and expense during the term of this Lease, maintain and keep in good order and repair the entire Leased Premises, whether improved or unimproved, including but not limited to any roadways, trails, and water courses, the exterior and interior of the Facility, including but not limited to, roof, doors, windows, all plumbing fixtures, mechanical and electrical systems and any additional improvements placed upon the Leased Premises, including the parking lot, and covenants to keep the same in good. condition and to return the Leased Premises to the Lessors at the termination of this Lease in as good condition after the improvement thereof by the Tenant, ordinary wear and acts of God not customarily insurable excepted. It is clearly understood and agreed that during the term of this Lease, the Tenant at its own expense shall furnish and maintain to meet its requirements, all fixtures and equipment (including ~1_..h.e?~g~_ y~n_ t_i.l~_tri.'..o.n~ _a~_ d.~r- c_ .o_n_d.i~qni~g ....... - Comment: ~s r~,~,..~ se:',,ic~. ,,, ,}: equipment) for the Leased Premises. As part of its duty to maintain and keep the premises in P"'"':'~'[: . good repair, the Tenant shall protect the water pipes in the Leased Premises from freezing and the drain pipes from becoming clogged, and shall bear the cost ofrepa/rs arising from the misuse or negligence of those using them, and that it shall replace all glass, including plate glass, broken during said term. Section 7.2. Fire Protection. As part of its maintenance responsibilities, the Tenant agrees to comply fully with any and all City, County and other applicable governmental laws, regulations and ordinances, limiting and regulating the use, occupancy or enjoyment of said Leased Premises; to comply with the Virginia Uniform Statewide Building Codes (BOCA) and the Virginia State Fire Safety regulations; and to maintain appropriate fire extinguishers on the Leased Premises. Section 7.3. Surrender of Leased Premises. At the expiration of the tenancy hereby created, the Tenant shall surrender the Leased Premises and all keys for the Facility to the County and City at the place then fixed for the payment of rent and shall inform the County and City of all combinations on locks, safes and vaults, if any, Which the County and City has granted permission to have left in the Leased Premises. At such time, the Facility shall be broom clean and in good condition and repair, commensurate with its age. If the Tenant leaves any of its personal property in the Leased Premises, the County and City, at their option, may remove and store any or all of such property at the Tenant's expense or may deem the same abandoned and, in such event, the property deemed abandoned shah become the property of the County and City. Section 7.4. Condition of Premises on Date of Commencement. The Tenant accepts the Leased Premises "as is" on the effective date hereof. The County and City make no representations or indemnities as to the condition of the Leased Premises. ARTICLE VIII. IkVIPOSITIONS, UTILITIES AND INSURANCE. Section 8.1. Impositions. The Tenant shall pay, as additional rent, during the term of this lease, commencing with Tenant's obligation to pay rent hereunder, one hundred percent (100%) of the mount of all Impositions, as hereinafter de£med, levied or imposed on the Leased Premises during any Lease Year. The term "Impositions" means all taxes, assessments, and governmental charges, federal, state, county, municipal, district or otherwise, which ordinarily and regularly are levied on or charged against real property and improvements thereto or activities conducted by Tenant thereon. Impositions for any fraction of a tax year at the commencement of the Tenant's obligation to pay rent or~ the expiration of the term shall be · prorated between the parties hereto upon the basis that the number of days in such fractional tax year bears to three hundred sixty-five (365). Section 8.2. Utilities and Sendces. The Tenant shall pay for all gas, heat, light, water, sewage service, power, telephone, janitorial, garbage disposal service and all other utilities supplied to the Leased Premises as the same may be reflected on meters at the Leased Premises, and to the extent such services are provided to the Facility at the Leased Premises. ARTICLE IX. INSURANCE AND INDEMNITY. Section 9.1. Liabilitg Insurance of Tenant. Tenant covenanks and agrees that it will, at all times during the term of this Lease; keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased Premises and the business operated by the Tenant on the Leased Premises in which the limits of public liability for bodily injury and property damage shall not. be less than One Million and 00/100 Dollars ($1,000,000.00) per accident, combined single limit. The policy shall name the County and City and any mortgagees of the County and City as additional insureds. The policy shall provide that the insurance thereunder shall not be canceled without thirty (30) days written notice thereof to all named insUreds, including the County and City. The Tenant shall also obtain a tenant's property insurance policy insuring the Tenant's personal and business property on the Leased Premises. Section 9.2. F/re and Extended Coverages. The Tenant agrees that it will, during the term of this Lease, insure and keep insured, for the benefit of the County and City and its respective successors in interest, all of the building and improvements on the Leased Premises, or any portion thereof then in being not covered by the fire and extended casualty insurance. Such policy shall contain coverage against loss, damage or destruction by fire and such other hazards as are covered and protected against, at standard rates under policies of insurance commonly referred to and known as "extended coverage," as the same may exist from time to time. Section 9.3. Evidence of Insurance. Copies of policies of insurance (or certificates of the insurers) for insurance required to be maintained by the Tenant and the County and City pursuant to Sections 9.1 and 9.2 shall be delivered by the Tenant to the County and City, upon the issuance of such insurance and thereafter not less than thirty (30) days prior to the expiration dates thereof. Section 9.4. Waiver of Subrogation. The County and City and the Tenant each hereby release the others from any and all liability or responsibility to itself or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage ro property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty results from the negligence of itself or anyone for whom it may be responsible, provided, however, that this release shall be applicable and in full force and effect only with respect to loss or damage occurring during such time as any such release shall not adversely affect or impair the releasor's policies or insurance or prejudice the right of the releasor to recover thereunder. ARTICLE X.. WASTE, NUISANCE; COMPLIANCE WITH GOVERNMENTAL REGULATIONS. Section 10.1. Waste and Nuisance. The Tenant shall not commit or suffer to be committed any waste or any nuisance upon the Leased Premises. Section 10.2. Governmental Regulations. During the term of this Lease, the Tenant shall, at its sole cost and expense, comply with all of the requirements of all City, County, state, federal and other applicable governmental authorities, now in force, pertaining to the Leased Premises or the Tenant's use and occupancy thereof. ARTICLE XL FIRE AND OTHER CASUALTY. If the Facility shall be damaged so as to render 80% or more of the Facility untenantable by fire or other casualty, Tenant shall be solely responsible for any repairs and for restoration of the Leased Premises to good condition. If any damage or destruction from any cause whatsoever has not been repaired and such repairs have not commenced within one hundred eighty (180) days of the date thereof, either party may, as its exclusive remedy, terminate this Lease upon thirty (30) days written notice to all other parties. ARTICLE X]I. CONDEMNATION/HIGHWAY CONSTRUCTION. If the whole or any part of the Leased Premises shall be taken under the power of em/nent domain or otherwise for construction of a state highway, then this Lease shall terminate as to the part so taken on the day when the Tenant is required to yield possession thereof. If the. portion of the Leased Premises so taken is such as m impair substantially the usefulness of the Leased Premises ...f..o_~..~. p ~.tp~.qs..e.s~.. ~9[ ~..hi~h_....thy._s..aj~.._~' ~r_e_!~r_eb_y_~_~ ..... then either party shall have the option to terminate this Lease as of the date when the Tenant is required to yield possession. Comment: %holJhl '.~C .~'1 ~1 ItlO."e ARTICLE Xll/. DEFAULT OF TENANT. Section 13.1. Insolvency or Bankruptcy, Corporate Dissolution, Loss of Tax Exempt Status. The occurrence of an.v of the following shall 6onstitute a material breach of this Lease by the Tenant ("Material Breach"): (a) The appointment of a receiver or trustee to take possession of all or substantially all of the assets of the Tenant; or (b) A general assignment by the Tenant for the benefit of creditors; or (c) Any action or proceeding commenced by or against the Tenant under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors and not discharged within ninety (90) days after the date of commencement; shall constitute a breach of this Lease by the Tenant. Upon the happening of any such event, this Lease shall, at the County and City's option terminate ten (10) days after written notice ofterminafion from the County and City to the Tenant; or (d) (90) days; or Dissolution of the Tenant's corporate status which continues for ninety (e) Loss of Intemal Revenue Code Section 501 (c) (3) tax exempt status by the Tenant which loss continues for ninety (90) days; or (f) Discontinuation of the Tenant's presence on the Leased Premises for a period exceeding 365 consecutive days, which period commences on or after July 1, 2008, during which period an interpretive historical center opened to the public commemorating the Lewis and Clark Expedition and/or George Rogers Clerk is not in operation. Section 13.2. Events of Default. Abandonment of the Leased Premises, a default of ten (10) days in payment of rent, or breach of any of the covenants or conditions of this Lease involving any Material Breach continuing for more than fifteen (15) days after notice thereof from the County and City, shall each constitute an event of default hereunder. No failure of the County and City to enforce any remedy available to it as a result thereof shall invalidate such covenant or provision or any other covenant, condition or prov/sion hereof, or affect the fight of the County and City to enforce the same in the event of a subsequent breach or default. Section 13.3. Remedies. Upon the occurrence of any event of default, the County and City shall have the right, at their election, then or any time thereafter while such event of default shall continue, either to give the Tenant written notice of their intention to terminate this lease on the date of such notice or on any later date specified therein, and on the date specified in such notice the Tenant's right to possession of the Leased Premises shall cease, and this Lease shall- thereupon be terminated; or without demand or notice, to re-enter and take possession of the Leased Premises or any part thereof, and repossess the same as of the County and City's former estate and expel the Tenant and those claiming through or under the Tenant and remove the effects of both or either, either by summary proceedings, or' by action of law or in equity, or otherwise, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrearages of rent or breach of covenant. If the County and City elect to re-enter, the County and City may terminate this Lease or, from time to time, without terminating this Lease may relet the Leased Premises, or any pan thereo~_~...ag_e_n.t..f.0_r...t).. ~ ?.~E.ark_t fo_r_ ~u_c_h_t._e.rn~. ..0_r..._._--'-C-~;~."~'i,-;~7 ~-.~-,,-~':~,~;~,-~'~i;5 ...... terms and at such rental or rentals and upon such other terms and conditions as the County and City may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by County and City shall be construed as an election on the County and City's part to terminate this Lease unless a written notice of such intention is given as aforesaid, or unless the termination thereof be decreed by a court of competent jurisdiction at the instance of the County and City. The Tenant waives any right to the service of any notice of the County and City's intention to re-enter provided for by any present or future law. ARTICLE XIV. SUCCESSORS Section 14.1. Successors. All rights and liabilities herein given to, or imposed upon the respective parties hereto, shall extend to and bind the he/rs, executors, administrators, successors and permitted assigns of the parties. The County and City shall be automatically released of all liability under this Lease from and after the date of any sale by the County and City of the Leased Premises. All covenants, representations and agreements of the Tenant shall be deemed the covenants, representations and agreements of the occupant or occupants of the Leased Premises. ARTICLE XV. MISCELLANEOUS. Section 15.1. Waiver. The waiver by the County and City or the Tenant of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant or condition contained herein. The subsequent acceptance of rent hereunder by the County and City respectively shall not be deemed to be a waiver of any breach by the Tenant or the County and City, respectively, of any term, covenant or condition of this Lease regardless of knowledge of such breach at the time of acceptance or payment of such rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Tenant or the County and City unless the waiver be in writing signed by the party to be charged thereby. Section 15.2 Entire Agreement. This Lease, and the exhibits attached hereto and forming a part of hereof, set forth all the covenants, promises, agreements, conditions and understandings, between the County and City and the Tenant concerning the Leased Premises and there are no covenants, promises, agreements conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease 'shall be binding upon the County and City or the Tenant unless reduced in writing and'signed by them. Section 15.3. Notices. Any notice, demand, request, or other instrument which may be, or are required to be given under this Lease, shall be in writing and delivered in person or by United States certified mail, return receipt requested, postage prepaid, and shall be addressed as follows: if to the County: Larry W. Davis, County Attorney 401 Mclntire Road Charlottesville, Virginia 22902 If to the City: S. Craig Brown, City Attorney 605 East Main Street Charlottesville, VA 22902 Il' to thc 'l'cnant: or at such oth6r address as designated by written notice ora party. Section 15.4. Captions and Section Numbers. The captions, section numbers, and table of contents appearing in this Lease are inserted only as a matter of convenience and in no way defme, limit, construe, or describe the scope or intent of such sections of this Lease nor in any way do they affect this Lease. Section 15.5. Pm-tiM Invalidity. If any term, covenant or condition of this Lease, or the application thereof, to any person or circumstance shall to any extent be invalid or unenforceable the remainder of this Lease; or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 15.6. Recording. Upon request of any party, a Memorandum of Lease will be executed and recorded. Such Memorandum shall contain any provisions of this Lease that either party requests except for the provisions of Article IV that shall not be included. The cost of recording such Memorandum of Lease or a short form hereot~ shall be borne by the party requesting such recordation. Section 15.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Section 15.8. Counterparts. This Agreement may be executed simultaneously or in three or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 15.9. Rules and Regulations. The County and City may adopt such rules and regulations as the County and City deem appropriate for the safe and efficient use of the Leased Premises, which roles and regulations shall be effective after five days notice to the Tenant. ARTICLE XVI. BROKER'S FEES. The Tenant and the County and City hereby warrant that there are no brokerage commissions due to any person in connection with this Lease. ARTICLE XVH. NO ASSIGNMENT. The Tenant shall not asSign this Lease or subject all or any portion of the Leased Premises to any sublease, either directly or indirectly, without the prior written consent of the County and City, which consent shall not be unreasonably withheld. A merger, consolidation, sale, transfer or assignment by operation of law or a transfer or sale of, in the aggregate, a majority of the stock of the corporation, if the Tenant is a corporation, or a sale or transfer of any of the parmership interests, if the Tenant is a partnership, shall be considered an assignment for purposes of this section. No assignment, sublease or transfer of this Lease by the Tenant shall (i) be effective unless and until the assignee, subtenant or transferee expressly assumes in writing the Tenant's obligations under this Lease, or (ii) relieve the Tenant of its obligations hereunder, and the Tenant shall thereafter remain liable for its obligations under this Lease whether arising before or after such assignment, sublease or transfer. ARTICLE XVIII. RESERVATION OF EASEMENTS. The County and City hereby reserve to themselves, their successors and assigns, while this Lease is in effect, the non-exclusive right and easement to use the supporting structural elements of the Facility for lateral and subjacent support, including party walls and supporting columns; for any adjacent property owned by the County and City. ARTICLE XIX. INDEMNIFICATION. The Tenant agrees to indemnify, defend, and save the County and City harmless from and against any and all cla/ms, actions, damages, liability and expense in connection with loss of life, bodily injury and damage to property caused in whole or in part by any act or omission of the Tenant, its agents, employees, guests or invitees, or arising from or out of any occurrence on or about the Leased Premises or the occupancy there&by the Tenant. In the event the County and City shall, without fault on its part, be made a party to any litigation commenced by or against the Tenant arising therefrom, then the Tenant shall indemnify, defend and save the County and City harmless and shall pay all costs, expenses and reasonable auorne3~s fees incurred or paid by the County and City in connection, with such litigation. ARTICLE XX. SUBORDINATION OF LEASE. This Lease and all rights of the Tenant hereunder are and shall be subject and subordinate in all respects to (1) all mortgages, deeds of trust and building loan agreement§ affecting the Leased Premises or the property described in Exhibit A, including any and all renewals, replacements, modifications, substitutions, supplements and extensions thereof, and (2) each advance made or to be made thereunder. In confirmation of such subordination, the Tenant shall promptly upon the request of the County and City, execute and deliver an instrument in 10 recordable form satisfactory to the County and City evidencing such subordination; and if the Tenant fails to execute, acknowledge or deliver any such instrument within ten (10) days after request therefore, the Tenant hereby irrevocably' constitutes and appoints the County and City as the Tenant's attorney-in-fact, coupled with an interest, to execute, acknowledge and deliver any such instruments on behalf of the Tenant. The Tenant further agrees that in the event any such mortgagee or lender requests reasonable modifications to this Lease as a condition of such finm~cing, the Tenant shall not withhold or delay its consent thereto. ARTICLE XXI. NONRECOURSE. Notwithstanding any breach by the County and City of any of the terms of this Lease, or any claim by the Tenant arising hereunder, in no event shall the County and City or any of their officers, officials, employees or trustees of the County and City have any personal liability hereunder and the Tenant's only remedy in the event of such breach, default or claim shall be to proceed against the County and City's interest in the Leased Premises. 11 IN WITNESS WHEREOF, the County and City and the Tenant have signed and sealed this Lease as of the date first above written. The County and City: The Tenant: ALBEMARLE COUNTY TIlE LEWIS & CLARK EXPLORATORY CENTER OF VIRGINIA, INC. By: By: Its: CITY OF CHARLOTTESVILLE By: Gary B. O'Cormell, City Manager 12 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 McIntir¢ Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 August5,2003 Mike Budde Omnipoint Communications 12050 Baltimore Ave Bel~vilte, MD 20705 RE: SP-02-26 Clear Channel (Omnipoint); Tax Map 46, Parcel 15 Dear Mr. Budde: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: All work shall be done in general accord with that described in the applicant's request and site construction plans, entitled "Omnipoint (ATC-Charlottesville)", last revised on February 5, 2003. 2. The tower shall not be increased in height. 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. d. The antennas an(: 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 'n accordance with all applicable regulations set forth in Section 5.1.40 of the Zoning Ordinance. The note on page C-2 of the construction plans, 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. With the exception of any 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. No existing trees within 200 feet of the facility shall be removed for the purpose of installing the proposed antennas or any supporting ground equipment. The current owner and any subsequent owners of the tower and its supporting facilities 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. Page 2 August 5, 2003 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. 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 without an amendment of this special use permit. This special use permit must be amended to allow either of the two 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. 10. No existing trees within 200 feet of the facility shall be removed for the purpose of installing the proposed antennas or any supporting ground equipment. Should any of the trees within 200 feet of the tower be removed for the purpose of creating a public or private right-of-way, the party or company holding the tower in ownership shall install trees to adequately screen the facility's ground equipment from adjacent properties and roadways. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 13, 2003. Any new or additional inform ation regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date, If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, ~, AICP Senior Planner svv/jcf Cc; Ella Carey Jack Kelsey Clear Channel Broadcasting, lnc Amelia McCulley Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN B. WALLER, AICP JULY 22, 2003 AUGUST 13, 2003 SP 02-026 CLEAR CHANNEL (OMNIPOINT) Applicant's Proposal: The applicant's proposal is for the co-location of one new array consisting of nine (9) new antennas at approximately 155 feet on an existing 180-foot tall lattice tower with additional supporting ground equipment (Attachment A). The proposed panel antennas are approximately 6 feet in length and 8 inches in width, and would be mounted with a triangular bracket allowing two (2) antennas per sector with the possibility for installation of a third antenna on each. Ground equipment would be installed in three (3) cabinets, approximately 5 feet in height, on a new 1 O-foot x 20-foot concrete pad within an existing fenced compound. The property, described as Tax Map 46 - Parcel 15, contains approximately 10.31 acres, zoned RA, Rural (Attachment B). This site is located in the Rio Magisterial District, west of U.S. Route 29 North on Rio Mills Road (State Route 643), approximately 1/2-mile north of South Fork of the Rivauna River. The Comprehensive Plan designates this property as Rural Areas 1. Petition: The applicant's petition is for a special use permit to allow the co-location of antennas and ground equipment at an existing facility accommodating three personal wireless communication services providers. This request is being made in accordance with Section 10.2.2.6 of the Zoning Ordinance, which allows for radio wave transmission and relay towers. The tower for this facility is located on property owned by Clear Communications Inc., and the applicant Omnipoint Communications, operating nationally as T-Mobile Communications, is in the process of expanding its service into Albemarle County, the City of Charlottesville and the surrounding area. Planning and Zoning History,: SP 80-75 Clay Media, Inc.- At it's meeting on January 19, 1983, the Board of Supervisors granted approval of the five guyed radio towers for WCHV that are located on this property. SP 97-13 360° Communications - At it's meeting on July 18, 1997, the Board of Supervisors granted approval of the special use permit to allow construction of the tower with a maximum height of 200 feet tall that is subject to this request (Attachment C). Character of the Area: The proposed array of Omnipoint antennas would be installed at approximately 150 feet above ground level on a tower owned by American Tower Company, within a lease on property owned by Clear Channel Communications. The facility was constructed in 1997 and currently has two other arrays of panel antennas that are attached at 160 feet and 178 feet and near the top of the pole with brackets that set them at more than 12 inches from the tower. In addition to the tower, there is an existing 12-foot by 28-foot equipment buildings housing ground equipment for other service providers, which is located within a compound that is surrounded by an 8-foot tall chain- link fence in a wooded area. There are four other guyed towers on and another located on the adjacent property between the site and Route 29. The site is approximately 525 feet above sea level (ASL), and is directly across from the entrance to Forest Lakes South. The site is accessed from a gravel road that extends approximately 865 feet west from the southbound lane of U.S. Route 29 approximately 1/4-mile north of the bridge that crosses over the South fork of the Rivanna River. All of the adjacent properties to the north and west of this site are zoned Rural Areas, while the residentially zoned properties of Forest Lakes South are located to the east and commercially zoned properties are located south of the bridge crossing the Rivanna River. Although the area immediately surrounding the facility is wooded with a majority of deciduous trees that assist in screening the view of the ground equipment buildings~ the tower itself is much taller than those trees and can be seen from varying distances along U.S. Route 29 (Attachment D). 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. COMPREHENSIVE PLAN: Open Space Plan The concrete pad for the ground equipment cabinets would be constructed within the existing bounds of the fenced lease area and vehicular access would be provided to the site over the existing gravel driveway. Because this proposal does not necessitate any additional disturbance of the natural surroundings, staff's review for compliance with the recommendations of the Comprehensive Plan are focused largely on the possible visual impacts that could result from the presence of the new antenna array from locations surrounding the site. Chapter Two of the Comprehensive Plan, entitled Natural Resources and Cultural Assets identifies various important resources that are present within the County and provides recommendations and guidelines for protecting them. Among the most important guidelines set forth in Chapter 2 is the design standard for building structures that are not taller than the natural tree canopy, and locating them so that they are not skylighted against the horizon and do not alter the continuity of the ridgeline. The tower proposed for this co-location is already in place and its height will not be increased to accommodate this request. Although this site lies outside of the Entrance Corridor overlay district, the tallest portions of the tower where the existing antenna arrays are attached is visible from various points along Route 29. Therefore, it is staff's opinion that certain conditions that were recently recommended by the Architectural Review Board for an Omnipoint proposal on a similar tower to limit impacts upon the entrance corridor could also be applied to this special use permit (Attachment E). Personal Wireless Service Facilities Policy: In accordance with the guidelines set forth in the Personal Wireless Service Facilities Policy, staff analysis is focused mainly on the visual impact of proposed co-location from surrounding Uses allowed by right in the district are either residential, or related to agricultural and forestal activities, while those uses that are allowed by special use permit in the Rural Areas district are most often services supporting by-right activities. However, staff recognizes that several similar facilities exist in the RA district, this includes five guyed towers at the site and another nearby tower that is located approximately 2 ½ miles north of this site off of Airport Road. Furthermore, because this proposal does not necessitate an increase in tower height, it is staff' s opinion that the addition of an array of antennas at a point that is lower than the two existing arrays would not have the effect of changing the character of the area. 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 Sections 1.4.4, 1.5 and 1.6, all of which address the provision of public services. As evidenced by the expanded and rapid increase in use, the provision of personal wireless communications clearly represents a public service. Section 1.4.3 states that one of the intents of the Ordinance is to, "facilitate the creation of a convenient, attractive and harmonious community." Installation of the proposed facilities at this site would increase availability as well as the level of convenience for those who use personal wireless services. However, staff is aware that those conveniences must also be balanced with concerns for the possible negative impacts that personal wireless service facilities can have upon the goals for creating and maintaining an attractive 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 this proposal represents an opportunity to co-locate on an existing structure with no additional disturbance to the natural surrounding, it is staff's opinion that the approval of this proposal could be made in compliance with the purpose and intent of the Zoning Ordinance, with the application of appropriate conditions. 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 by-right uses allowed on this site or on any other properties within the RA district. with additional regulations Crovided in Section 5.0 of this ordinance, and with the public health, safe _ty and general welfare.~ The Personal Wireless Service Facilities Policy was adopted to provide guidelines for the siting and review of proposals for personal wireless service facilities. The tower being proposed for this co-location was approved in 1997 with a condition allowing staff approval for the installation of additional antennas, prior to the adoption of the wireless policy. However, Section 5.1.40c of the Zoning Ordinance now addresses proposals that are allowed by-right, specifically concerning the attachment of facilities 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 4 Staffhas identified the following factors, which are unfavorable to this request: The existing tower is visible from various roads and properties located near this property. The proposed antennas would not be flush-mounted. The following factors are relevant to this consideration: There are several existing and reasonable uses of this site. This site is located on an existing tower farm. Although this site is located outside of the entrance corridor, it is staff's opinion that certain conditions that were recommended by the ARB in a similar request are appropriate in this case as well. This tower is located on a strip that lies between two different Development Areas. RECOMMENDED ACTION: Staff recommends approval of the requested special use permit subject to the following conditions: (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: All work shall be done in general accord with that described in the applicant's request and site construction plans, entitled "Omnipoint (ATC-Charlottesville)", last revised on February 5, 2003. 2. The tower shall not be increased in height. 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. 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 C-2 of the construction plans, 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. ATTACHMENT A O2,'1,~/21103 17:.1,q FAX ~,04 355 3.~31 A'['C COKSTItIICrIoN SVC.q County of Albemarle -;. Department or Building Code and Zoning Services ? o~).~°r~'c~s~ OZO - Application for Special Use Permit on m !O's20' concr~tm p~d '{"~l:{f will a~si~: SOu wit~ :h~-: .cms) Collt:lc[ I'*er.qo ri o.v:m m: h..:-a{¢ '~: cJU. ~n:... re-.ce mi r.g ,~,s peo/em?3~4i k~ r~ .q ~ r) .~ m d.~rc~s I 2050 Baltimore A';O C/tv Belt_qvi 1 ~ ~ Zip ?,q705 A - --'. · . S:xte Dayti,::.:Phone~.4R .)?~"-05i4 F'-,x~ ~zo_gr._.i_96!O E-m:1{ - Cit~h~>-l^5.t.e._q=L1.Sl_:gc VA ZiP~eg04, E-mail :Address !lSG Pepsi P/ace. S[lito 300 Da'.;:i:n': Phone ( __ ~ Fax ;~ Omni p0inc Commun icab:ons ........ - ........ ~ Ava - -- mik~l.bu~de~ Daytim:Phan:'240 ,)264Z8614 ..... ~:z~ 240-264-5610 ,~-ma~.. t-.imobiZe.com ,. Taxmnpund parcm ..y.&p aS. P: ~'~o~ 1 '= Locati0mofpropurly(h.~d,~mt~.,n,:r~:c:,cm..ro,n~.~.~eraillOle Trail, north of 5ollt11 7or~ River (Tower Farm) : ~ Do:s the uwner vf [his progeny own [ur hr. vc uny owce.-xkip interest m) uny abutting properly? If yes. !those tax map :;nd parcel numbers .'.r.r ,~ ~ Yus [1 No q01 Mcintire Road .> ,...,.:1 Ales' die. VA 22902 -:. Voice: 296-5832 -:' Fax: 972-4126 8 _. ATTACHMENT A 02/13/2003 [7:40 FAX 804 355 3531 Aq'C CtL'{S'I'RIIC'TluN $'VCS 1~]004/005 Describe your toques.', in dotal! and jr, etude ~J pcrtir, ent information such as th,- number."- of Fersons involv~ in the ux~, operadng hour, and any unique features of the usc: The proposed in~tdlla~ion wilt be an un,termed teloco~unica~ions periodic maintenance ~i~lts, and emer~eEcy visihs, as needed,, Of bhe tower. A'I'rACHMENTS REQUIRED - pravlde two(2) copies o£ each: Razor.ged plat or boundary survey of the proF:rty requited for thc r~oaing. If there ts no recorded plat or boundary survey, please provide legal description of thc property arts the Deed Book and page number or Plat Book and page number. Note: I5 you are requesting a sFeclaI 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. Ownership information - tf ownership of the property is ia the name of any type of legal entity or organization including, but not limit=d to, the name ora corporation, pm'lnership or associauon, or in thc name of a [mst, or in a fictitious name, .a documm~t acceptable to the County must be submitted certifying that tile person signing below has the authority to do so. [f the applicant is a contract purchaser, a document ~ceptab[e to thc County mu~t be submitted canta/ning the owner's written consent to thc application. If the applicant is the agent of the owner, a documeo.t acc.eptable to the County must be submitted that is evidence of the existence and scope of the agen:y. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional [nfm'mation, if any. hereby ccrti~ that [ own the snbject pro.:>err?, or have thc legal power to act on behalf of die owner in Hliag thi~a~ltcati~ I also ccaify that the information provided ts true ~d accurate t~ :he best of my  Daytime phone number of Signatoi7 i0 ATTACHMENT A Omnipoint's facility, as proposed, will comply with the conditions set forth in SP-97o13, as well as § 5.1.40, Ord. 01-18(9), 10-17-01. Conditions of Approval SP-97-13: 1. Overall height shall not exceed 200 feet. Omnipoint's installation will not exceed 155'AGL. 2. Compliance with 5.1.12 of the Zoning Ordinance Also Section 5.1.40 of the Zoning Ordinance 3. There shall be no lighting of the tower unless required by a Federal agency. All tower lighting shall be shielded so as to minimize visibility from the ground. Omnipoint's installation will not require lighting of this tower. 4. Staff approval of additional antennae installation. No administrative approval shall constitute or imply support for or approval of, the location of additional towers, antennae, etc., even if they may be part of the same network or system as any antennae approved under this section. Omnipoint is applying for approval via this application. 5. The tower must be designed and adequate separation be provided to property lines such that in the event of structural failure, the tower and components will remain in the lease area. The tower has already been constructed to these standards. Omnipoint is not altering the tower except for the installation of additional antennas. 6. The tower shall be disassembled and removed from site within 90 days of the discontinuance of the use of the tower for wireless telecommunications purposes. This responsibility does not apply to Omnipoint as a co-locator. 7. The tower shall be available for co-location for other wireless communication users at no greater than fair market rent, if such siting is necessary for the provision of service in this area by such user, and the tower has the capacity for such user. Omnipoint's proposed co-location is an example of the intent of this condition. 8. Vegetative screeing shall be provided at site plan approval, provided that it does not interfere with the grounding mat. The original site plan approval is complete. Omnipoint is pleased to submit this Application for Special Use Permit to the County of Albemarle Department of Building Code and Zoning Services. In the event that additional or supplemental information is required, please do not hesitate to contact me at 240-264-8614. ATTACHMENT A Azimuth Beamwidth Elevation Beamwidth Gain Polarization Port-to-Port, Isolation Front-to-Back Ratio Electrical Downtilt Options VSWR Connectors Power Handling Passive lntermodulation Lightning Protection RRg0-18-XXDP DualPol® Polarization 1850 MHz - 1990 MHz 90° 4.5° 17.5 dBi (15.4 dBd) Dual Linear Slant (_+ 45°) _> 30 dB _> 3O dB 0o, 2o, 4°, 6° 1.35:1 Max 2; 7-16 DIN (female) 250 Watts CW _< -150 dBc [2 x 20W (+ 43 dBm)] Chassis Ground Dimensions (k x W x D) Rated Wind Velocity Equivalent Flat Plate Area Front Wind Load @ 100 mph (161 kph) Side Wind Load @ 100 mph (161 kph) Weight 72 in x 8 in x 2.75 in (183 cm x 20.3 cm x 7.0 cra) 150 mph (241 kin/hr) 4fi~ (.37 m 2) 115 lbs (512 N) 40 lbs (176 N) 23 lbs (10.4 kg) MTG-P00-10, MTG-S02-11?, MTG-DXX-20*, MTG-CXX-10*, MTG-C02-10, MTG-TXX-10* Note: *Model number shown represents a series of products. See Mounting Options section for specific model number. ~ .... / '"'~,--,'x'~ ~,... ~,,,.,/. ~.<.r..~,.7.!.~....~..,,×,..,~.,. t ~.-.~'..:X"-\ : , .._,.",::,..'"X...\ ,. ~ ,-. '.',;..~ , . ,.. . , , . \ ~ '.'/,,".. a,N,. ,\ ,~ / '; )/ "L:~'~, ~ : ~. * ,,¢" '~:£~ '. '' "~--'~.,,' 'i' ' '; ''y' ..... '  I' /::,' ..... .~' · , / ;, .' ', .~ ., ,' .... . ...,, · ..... , ~ , ,, /': .... .......~, .... . ..... "~, ' ", ..... "~..'. ....~., , ~-..~: ,. . ..,.....:~_~,.~.,.;"'dll~ ..... ,..~,. ' . !.-..k:L.".'.." ." =,'...','.':'. ,,- .,.~.- ', . :~:::.L."::.-: ...... -:~i. '....,~.. ............ .&,.,..~ ..~~ . .. ~,.~: .......... .,~,.~.,~,.,..'-'~' .... : ~.~ , :,.,. .......... ~ .~ , - .. ~. , .~.,.,.~.. .-::.-...?..., ,~...~...,,... .~ ~. ,..~~..~, \"' ,¢'..-k:/.::..-'2~. · ,,/' / :. -' ...... ,'.2'' '~ .,' . ":C~:.;.,.'~'~ , ,,:,. ?. ,...~-~:~,: :. ,,~..,..;~: .~ .,, v:,,~:-,;.,.,~,..,,, .,,..,,?..-.".,~-, ' ~.~., , ..v' ,.'..:...~.,~'.., ', ', ,,'.:~--~.. ' · ,..~ :..~ ..... z,., \ .... '~...~.~ ..,./ ; ,,. -,,, '~..~:.:,~ ..j; ~,, ,,,~..:~,_~,/~,,,~/,,. ,.~. ,,,..,~,~.:.~:.:: ~ ,/,.. :.~,,,..,x,.,....:;:.~:...:::,,/ ,,,/.,,. ....,,, ",%.'.':.. ' z,,. ,z ;~. ,,~.',, ",q:'.:' .... ;~' z :~ -,. -~,..._:.~-~.~.~ , .. .... t,,,,'. / -,,~':;, ,... ,,.:.-, / --,; .... ~.. ,., ,...~.- ,~ '-:.-~....., '. ...~. , :~.-.*.:. ~, ...' N..,. ;T~':~ :.,,," --,.'... :~...: ', ', .,.' ~.. ~. :~., ,.:,.;..- ,~... ,.'". : ,,~,' Azimuth Elevation Elevation Elevation Elevation 0° Downtilt 2° Downtilt 4° Downtilt 6° Downtilt Revised 04/05/02 +1 770.582.0555 ext. 5310 * Fax +1 770.729.0036 wwvv. emswireless.com Depending on the operator's requirements concern- ing initial cost, coverage and capacity needs now, and in the fiature, number of antennas, and avail- able footprint, different site types should be chosen. Ericsson RBS 2000 Macro supports three basic solu- tions: Standard Range, Maximum Range and High Capacity. Maximum Range is accomplished by the use of air combining and a Tower Mounted Amplifi- er. Standard Range and High Capacity are accom- plished by hybrid and filter combiners. Except for these basic solutions, Smart Range and the Ericsson unique Software Power Boost are also available. With Smart Range, a capaci~ ceil can also provide cost-effective coverage. Software Power Boost extends the coverage of a cell by com- bining two transceivers into a virtual one' by a sim- ple SW command fi'om the O&~ center. Prepared for the Future The KBS 2000 family is prepared £or GSM darn servmes, including General Packet Radio Services (GPRS), High Speed Circuit Switched Darn (HSCSD) and 14.4 kbit/s dmeslots. PBS 2000 supports Hierarchical Cell Structures (HCS) with up m three cell layers. To reduce transmission cost's, Ericssm Macro offers t~uo digital cross<onnecz the DXX plug-in unit and the M/ni DXC. Both solutions can be fitted in the RBS 2 ~02. Microwave equipment, such as the Ericsson MINI-LINK Access Module, can also be mounted in the RIBS 2102. ATTACHMENT A Key Features · Six transceivers · Superior radio pertbrmance · Fast roll-out · Outdoor environment · Vandal resistant o Optionally including in-built transmission equipment · Frequency hopping · Enhanced Full Rare and Half Rare speech coding · Tower Mounted Amplifiers supported · fntegrated and optional external battery ~ack-~e · Supports Hierarchical Call Structures · Supports GPRS, HSCSD. !4.4 kbit/s darn · Sueeorrs extended GSM · Dual band Technical Specifications for RBS 2102 Radio Base Station for Ericsson's GSM System Frequency band: Tx: Rx: )Cumber of ;ransceivers: Number o/sectors: Transmission in~erfaxe: Dimension (H x W x W~ight without batteries: Power into antenna feeds. Raceivev sensitivity: Power supply: Integrated battery back-up: Operating temperature: Weatherproofing: B-GSM 900, GSM 1800, GSM 1900 925-960, 1805-1880 or 1930-i990 MHz 880-915, 1710-1785 or i850-t910 MHz i-6 1-3 1.5 Mbir/s (TI), 2 Mbir/s (El) I614 x 1300 x 7:[0 mm (63,,2 x 51~,~ x 28 in.) 480 kg (1057 lbs.) 28 W / 44.5 dBm (GSM 900) 22 W / 43.5 dBm (GSM 1800 t GSM i900) <_ -1 I0 dBm i00-127 / 200-250 V AC, 50 / 60 Hz Typical 4 hours (fully equipped) .33oC - +45oC (-27°F - +l13°F) Min level IP55 in IEC 529 Ericsson Radio Systems AB SE- I64 80 StockhoLm Sweden Telephone +46 8 757 oo ~o Telefax ~'46 8 4o4 90 4o ww-w. erics~om~_/g~m !B AFdI_ZT fa3 3066 ILl. ©Eric. saon Radio Systems AB r999 ~I-UNK is trademark o£Telefonalcriebolager LaM Ericsson. Sweden August 6, 2003 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 40l M¢Intire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 Debbie Balser 1150 Shenandoah Village Drive Waynesboro, VA 22980 RE: SP-03-33 Orrock (Ntelos); Tax Map 92, Parcel 5 Dear Ms. Balser: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The facility shall b.e. designed, constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order tocomply with the conditions listed herein, the facility including the pole, the ground equipment building, and any antennas shall be sized, located and built in general accord with the application plan entitled, "Orrock (CV 327)", and dated July 12, 2003. 2. The total pole height shall include any base. foundation or grading that raises the pole above the pre- existing, natural ground elevation. 3. The diameter of the pole shall not exceed thirty (30) inches at its base, and eighteen (18) inches at the top. 4. The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet above the top of the to of the tallest tree within 25 feet. This condition currently refers to the 89-foot tall tree~ which is identified as number 37 in the construction plans. In no case shall the pole exceed 95 feet in total height without prior approval of an amendment to this special use permit or personal wireless facility permit. 5. If the tree identified as number 37 dies, or is removed or damaged beyond any reasonable form of remedy that can be recommended by a certified arborist, the maximum pole height shall either be reduced to meet the limitations set in condition number 4, or an amendment to this special use permit shall be filed within 90 days. 6. The monopole shall be painted a natural brown that is consistent with the color of the bark of trees surrounding the site. 7. 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. 8. 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 12 inches. 9. No satellite or microwave dishes shall be permitted on the monopole. lO.theN° antennaSpole, or equipment, with the exception of a grounding rod, shall be located above, the top of 12.11.Noli¢hf:inr~.h~N° guy wires shall be permitted. that sha"-~e ,i,~;,~;'! a,, ,~ be .eric, s P?rmitt~-d _or. ma,ntenance on. the site or on the pole, e×cet as ' 'de light, emi,,u P,,. ...- only ; ch --P-- ri, her. e~n prow d. Outdoor Ii hi d ,o ~ro./ected be/o,,, ~ ,- . "' ,-.a Outdoor I mb,~,,, .~._. ..... g [llg "~' ,Onzontal plane runnin~, Z"..i~. '_.?,~na. ll. oe tully shielded such ~,,~,ua-~. ~ne ~owest part of the shielc COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 40[ McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 August 6, 2003 Debbie Balser 1150 Shenandoah Village Ddve Waynesboro, VA 22980 RE: SP-03-33 Orrock (Ntelos); Tax Map 92, Parcel 5 Dear Ms. Balser: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The facility shall be desi.qned, 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 pole, the ground equipment building, and any antennas shall be sized, located and built in general accord with the application plan entitled, "Orrock (CV 327)", and dated July 12. 2003. 2. The total pole height shall include any base, foundation or grading that raises the pole above the pre- existing, natural ground elevation. 3. The diameter of the pole shall not exceed thirty (30) inches at its base, and eighteen (18) inches at the top. 4. The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet above the top of the to of the tallest tree within 25 feet. This condition currently refers to the 89-foot tall tree, which is identified as number 37 in the construction plans. In no case shall the pole exceed 95 feet in total height without prior approval of an amendment to this special use permit or personal wireless facility permit. 5. If the tree identified as number 37 dies or is removed or damaged beyond any reasonable form of remedy that can be recommended by a certified arborist, the maximum pole height shall either be reduced to meet the limitations set in condition number 4, or an amendment to this special use permit shall be filed within 90 days. 6. The monopole shall be painted a natural brown that is consistent with the color of the bark of trees surrounding the site. 7. 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. 8. 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 12 inches. 9. No satellite or microwave dishes shall be permitted on the monopole. 10. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole. 11. No guy wires shall be permitted. 12. 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 Page 2 August 6, 2003 Or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lam ps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. 13. The permittee shall comply with section 5.1.12 of the Zoning Ordinance; Fencing of the lease area shall not be permitted. Prior to the issuance of a buildin,q permit the following must be met: 14. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. 15. Pdor 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 arbodst 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-foot buffer, after the installation of the subject facility. 16. With the Building Permit Application, the applicant shall submit the final revised set of site construction drawings for 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. 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: 17. 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. 18. Certification confirming that the grounding rod: a) height does not exceed two feet above the tower; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. 19. 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 completion of the pole installation and issuance of a Certificate of Occupancy, the following shall be met: 20. 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. 21. The applicant, or any subsequent owners of the facility shall submit a report detailing the health and stability of the tallest tree within 25 feet of the monopole, prepared by a certified arbodst, to the Zoning Administrator by July 1 in the years of 2006 and 2009. Within 90 days of submitting those reports, the owner shall be responsible for performing any additional tree conservation and protection techniques as recommended by the arborist and approved by the Zoning Administrator. 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 permit'tee 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. Page 3 - August 6, 2003 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 13, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, Stephen Waller, AICP Senior Planner svv/jcf Cc: Ella Carey Amelia McCulley Jack Ketsey Steve AIIshouse COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 03-33 Orrock (Ntelos) Extension Request SUBJECT/PROPOSAL/REQUEST: Request for an extension of the validity for an existing special use permit. That special use permit was approved to allow the installation of a personal wireless service facility with a flush-mounted panel antennas attached to steel monopole that can be no more that seven feet taller that the tallest tree within 25 feet and related ground equipment (Attachment A). This site is located on property described as Tax Map 92-Parcel 5, containing approximately 15.61 acres in the Scottsville Magisterial District on the north side of State Route 53, approximately 1/8-mile west of the intersection with Milton Road [State Route 732] (Attchment B). The property is zoned RA (Rural Areas and EC (Entrance Corridor) and designated as Rural Areas 4 by the Comprehensive Plan. STAFF CONTACT(S): Stephen B. Waller, AICP AGENDA DATE: Planning Commission: July 22, 2003 Board of Supervisors: August 13, 2003 ITEM NUMBER: SP 03-33 INFORMATION: ATTACHMENTS: Yes REVIEWED BY: VWC BACKGROUND: SP 00-77 ECC Communication FaciliW - Allowed the installation of an emergency communications facility for Triton PCS with an 80-foot tall monopole tower on the parcel located just north of the subject property with is under common ownership. SP 01-31 Orrock Ntelos - At its November December 5, 2001 hearing, the Board of Supervisors granted approval of the special use SP 01-31 permits for the proposed facility on this property system with conditions. For the purpose of providing additional information staff has included a copy of the staff report and approval letter for this special use permit (Attachments C and D): Discussion: The regulations set forth in Section 31.2.4.4 allow a two-year period of validity, within which the use or the construction activity required for an approved special use permit must be commenced. The applicant has indicated that the construction and installation of the proposed facility has been delayed due to the state of the economy in the telecommunication industry and financial constraints. Despite those issues, the applicant has attempted to satisfy of certain requirements, such as the submittal of a ~. SUMMARY: Staff has identified the following factors, which are favorable to this request: Staff has identified no significant changes in circumstance that have occurred since the first approval for these facilities was granted. In accordance with Section 31.2.4.4, the Board of Supervisors may apply an alternative period in which to commence a use or the necessary construction for a use allowed by a special use permit. The applicant has already submitted tree conservation report that was prepared by a certified arborist, which should be referred to in the amended conditions. The following factors are relevant to this consideration: It is staff's opinion that the standard condition limiting the maximum width of metal monopoles should now be applied to this application. The required certified arborist's report recommends the removal of the two tallest trees that are located within 25 feet of the monopole. Either the plans will have to be amended to show that the facility can be adjusted within the lease area to the satisfaction of the arborist that the two tallest trees within 25 feet can be saved to provide long-term coverage, or the special use permit will have to be amended. RECOMMENDED ACTION: Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance, the guidelines set forth in the Comprehensive Plan and the original conditions of approval for these facilities, and recommends approval with the following amended conditions. 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 pole, the ground equipment building, and any antennas shall be sized, located and built in general accord with the application plan entitled, "Orrock (CV 327)", and dated July 12, 2003. 2. The total pole height shall include any base, foundation or grading that raises the pole above the pre- existing, natural ground elevation. 3. The diameter of the pole shall not exceed thirty (30) inches at its base, and eighteen (18) inches at the top. 4. The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet above the top of the to of the tallest tree within 25 feet. This condition currently refers to the 89-foot tall tree, which is identified as number 37 in the construction plans. In no case shall the pole exceed 95 feet in total height without prior approval of an amendment to this special use permit or personal wireless facility permit. 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: 17. 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. 18. Certification confirming that the grounding rod: a) height does not exceed two feet above the tower; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. 19. 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 completion of the pole installation and issuance of a Certificate of Occupancy, the following shall be met: 20. 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. 21. The applicant, or any subsequent owners of the facility shall submit a report detailing the health and stability of the tallest tree within 25 feet of the monopole, prepared bY a certified arborist, to the Zoning Administrator by July 1 in the years of 2006 and 2009. Within 90 days of submitting those reports, the owner shall be responsible for performing any additional tree conservation and protection techniques as recommended by the arborist and approved by the Zoning Administrator. 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. ATTACHMENTS: B_ C- D- Application Submittal Packet and Arborist's Report Tax Map/Location Map Original Staff Report (SP 01-31 ) Approval Letter for the Existing Special Use Permit (dated December 18, 2001) ~-, -"-, ATTACHMENT A Section 31.2.4. I of the Albe~marlc County Zoning Ordinance states that, "The boarcl of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use perm, ts for uses as provzded zn this ordinance may be msued upon a finding by the board of su~r,Z/~sors ~ "that sucl~ use wdl not be of substanual d tnment o adjacent property, that the character, of the dmtnct ':77 · ::' - will not be changed thereby and that s.u~h use?ill be in h.'ir,n.'ony With thc' pui'i~ose and intent of this .. ' 'ordinance, with the uses permitted by right in the district, with'additionfil mgu!,4{i0fis provided in section' " ~:¢~ 5.0 of this'ordinance, and Wifl~ thc public he,~lth, safety:mad general, wgli~a~._ ~.j.:.!. 5'!" "' "" ::5' ""' '"'..i." '...' .~ '. '" -~ ,~f- , . ,, ~.' i '.. ~, ,' w'~'~;'-'.. ~. .', ,':. ' '. : ..... ' ; .... ' ~" ": - '" .... ':'7.'.'~"' ',"..,"..~::]'&' · :" ' · . '. ' "?",:::~'.:,." . ~ ~., ~ .~..':...~;."; :':? '.::." ':':'::,i=..~?:?~i:.'5.'..'.:.~c'!,.i'..,'.:i..".:./...~. ::~.!i:;.::i.:,'.'i~:'~::.~i-....::.?..'. . ... ':":;;~'.!~:,'~.,~;~:.i".:'..: .',. ' · ': - . :: .... . · The 'items which follow will ~'~i}iiw~'d'b);'.th¢' Staff in their aiiiil~i"S'iff ~t6[~r requ~t..Please compleie'' .:-~ .':..:~;:~. ¢~ ,~~'-~' . .......... . . ': .. ' "'"':':. .... '.:.'~,~"'.:,".?~?{;.' . ' ." . ' ~: . .', ~,.,:'"-:"-"-. '.'.- .. '. i': .... ' .... '-.: ..... 75'i :-,;, ..' · . ~' 5.. . th,s form and pmv~d¢.'.addmpnid ~0~..t!o.n ..,w..h~c .h.....wdl assist ~.C. ounty:m.~ts mvz~w ofyour tv, quest... '" '..' '"" '-,' .".. If yoii i~ced assistane6filiin~''~,~' ~,~..--{i~,~.~ i';"i~{llble?):i'. ~i}?:;: "'". "' ' '." :'."'~::J":..''':'.'5:`<'7':'?'''''''' .....'"::"?:':~'?.7'?' WhatistheComlJrch'ensivePlandcsignationf0rthispropcrty? "SEE ATTACHED ' ' How will the proposed special usc affect adjacent propm'ty? How will thc proposed special usc affect thc character of thc district surrounding thc property? SEE ATT~('~F,D How is the usc in harmony with thc purpose and intent of thc Zoning Ordinance?. SEE ATTACHED How is thc usc in harmony with thc uses permitted by right in the district? SEE ATTACHED . What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? SEE ATTACHED How will this use promote the public health, safety, and general welfare of thc community? SEI~, ATT^CriED 7 ' - -' ATTACH MENT A CV327 Orrock SUP Application Attachment - Page 1 ORROCK PROPERTY (CV327) What is the comprehensive plan designation for this property? Rural/Agricultural How will the proposed special use affect adjacent property? The proposed 95 foot monopole will not adversely affect adjacent property because the monopole and related equipment will be located within a heavily wooded area, which obscures the facility from all adjacent properties. A balloon test conducted on July 13, 2001 demonstrated that the top of the brown monopole would be slightly visible from properties located to the south and west of the site; however, the pole will be sited so that it extends' only a few feet above the tops of the trees, and because the pole is located on a slope with mature trees behind it providing a backdrop, and mature trees in front of it camouflaging it, it will not draw attention to the facility or compromise the view of the ridge line beyond Rt. 53. Because installation of this facility will not require the removal of any large trees or the construction of a long access road, there will not be significant physical disturbance to the subject parcel or adjacent properties. Once the facility is operational, NTELOS'S service personnel will typically only visit the site once a month for routine maintenance purposes. Additional unscheduled visits would only be necessary if there are electrical problems caused by adverse weather, or other unexpected factors. As a result, the proposed facility will not create a significant increase in traffic or other activity in the area. Another monopole has been located approximately 225' northeast of the proposed site and was approved by the Board of Supervisors. Although NTELOS'S facility would be the second facility on the subject property, if approved, it would not have a negative cumulative effect in terms of visibility because both sites are only slightly visible above the tree canopy, and a 225' thickly wooded buffer separates them. Indeed, neither site would draw attention to the other or combine to create a single visual distraction. How will the proposed special use affect the character of the district surrounding the property? The proposed facility will not affect the character of the district surrounding the property because it will be located within a heavily wooded area that is accessed from Rt. 53 by an existing private driveway. As a result the facility will be nearly entirely obscured from surrounding properties, and will therefore not change the character of the area. -" ATTACHMENT A CV327 Orrock SUP Application Attachment - Page 3 requesting an extension of a minimum of two (2) years from December 5, 2003, in order to complete construction of the proposed telecommunication facility. NTELOS requested and was approved a special use permit to construct, maintain and operate a personal wireless service facility on the property in question. NTELOS also requested a waiver of the site plan requirement for said application, pursuant to Section 32.3.3 of the Zoning Ordinance, and this waiver was approved. Since December 5, 2001, NTELOS has diligently worked toward obtaining and completing all of the required items setforth in the conditions placed on the special use permit; thereby showing its continued interest and desire to construct the proposed telecommunications facility. Enclosed you will find copies of the following proof of these efforts: 1) Tree Conservation Plan - NTELOS has had a Certified Arborist prepare a Tree Conservation Plan in accordance with condition # 5 of the special use permit approval and submits that plan with this application. 2) Fall Zone Easement - NTELOS has had a Fall Zone Easement prepared, signed by the landowner and recorded in the Albemarle County Circuit Court. This easement prohibits deVelopment within the Fall Zone. Description of Facility: The proposed facility consists of a 95' self-support monopole with two flush- mounted 1.5' x 6' panel antennas and a lighting rod attached. The ground-based equipment would be contained in two 72"H x 56"W x 32"L metal equipment cabinets, which would be placed on a 10' x 16' concrete pad. All of the proposed improvements would be located within a 30' x 30' unfenced lease area. The pole, antennas and gound equipment would be painted a flat, dark brown color, and the concrete pad would be tinted an earthtone brown so it blends in with the surrounding area. The facility will be accessed by an existing asphalt driveway. Once the facility is operational, NTELOS'S service personnel will typically only visit the site once a month for routine maintenance purposes. Additional unscheduled visits should only be necessary if there are electrical problems caused by adverse weather or other unexpected factors. The facility will not emit noise, odor or glare; nor will it interfere with television or radio reception in the surrounding area. The facility will not be lit, unless required by the FAA. II ATTACHIVIENT A CV327 Orrock SUP Application Attachment - Page 5 was lowered until Mr. Merriam deemed the height appropriate. The acceptable height was 95' or 718' AMSL. Once the appropriate height was determined, the balloon was only slightly visible from Monticello and the Jefferson Vineyards parking lot. Involvement & Approval of Thomas ~[efferson Memorial Foundation: Because the proposed pole is located within the Monticello viewshed, NTELOS and its representatives have worked closely with the Thomas Jefferson Memorial Foundation (the "Foundation") since the initial stages of the site selection process. Michael Merriam, a representative of the Foundation, has visited the proposed site and has observed the balloon tests conducted by NTELOS. As explained above, the balloon was lowered from it original height, which Mr. Merriam felt was acceptable, and NTELOS has provided a letter to the Board from Mr. Merriam confirming this. Other Remarks: In closing, NTELOS is committed to providing wireless coverage in this area of Albemarle County. Had it not been for the recent tremendous financial strain on the telecommunications industry as a whole, this proposed site would have been constructed within the time period set by Albemarle County. We request your favorable consideration of our request for a two (2) year extension of time to complete the proposed telecommunications facility for which a special use permit was approved by the Albemarle County Board of Supervisors on December 5, 2001. Thank you for your consideration. 13 BARTLETT ATTACH MENT A Tree Conservation Plan Orrock CV327 Tree Table Tree # Species Recommendations Comments 1' I Red oak Crown Clean prune, Fert. 2* Red oak Crown Clean prune, Fed.. 3* Tulip poplar Remove Dead '4* White oak Crown Clean prune, Fert. 34 Oak Remove Declining, severe stem decay 35 Cherry Fert 36 Remove Dead 37 Red oak Remove Proposed excavation w/in MRZ 38 Red oak Crown Clean prune, Fed.. 39 Hickory Fed. . 40 Red oak Fed. 41 Hickory Fed. 42 Remove . Proposed excavation w/in MRZ 44 Red oak Crown Clean prune, Fert. 45 Red oak Fed. 46 Red oak Fed. 50 Red. oak Fed. 51 Red oak Fert 52 Hickory Fed. 53 Cherry Fert 59 Hickory Fed. ...65 Hickory Fert 91 Red oak Crown Clean prune, Fed.. 96 Oak Remove Dead 98 Red oak CC prune, 1 cable, Fert Weak v-crotch 100 Oak Remove Dead 105 Red oak Fed. * Trees added and labeled by Bad. McDowell BARTLETT ATTACHMENT A No construction equipment, supplies or debris will be allowed in the Tree Protection Zone. Trenching or excavation within the Tree Protection Zone will not be allowed without consultation with certified Arbodst and will require specialized equipment to perform proper root pruning. Root pruning will be performed under the supervision of a certified Arbodst and will be performed in such a manner, and with equipment designed to cut through roots cleanly, so as not to tear roOts. If roots greater than 2 inches in diameter are encountered during root pruning, they shall be traced back towards the tree using an air-spade and pruned by hand at a point specified by the ArboriSt. o Grade changes around trees shall be avoided. removed from site. Excess soil and debris must be Post-construction o Tree protection fencing shall be removed. The following trees shall be fertilized based on specific needs as determined by soil analysis. Fertilization should include Mycorrhizae inoculation for mature trees, and should be applied using the sub-surface soil injection method. Trees # 1,2,4,35,38,39,40,41,44,45,46,50,51,52,53,59,65,91,98, !05 Trees that have been affected by construction shall be pruned to remove any dead or- damaged limbs. Any bark wounds shall be traced to promote wound closure. Trees shall be inspected on a monthly basis by a certified Arborist to evaluate for construction trauma, as well as for secondary pest and disease concerns, and irrigation needs. The inspection period will extend for 6 months following completion of construction or until October of the year that construction is completed, which ever is of longer duration. ,1.7 ATTACHMENT A LINE TABLE .... LINE' LENGTH 'BEARING' L1 4.0.88' N4.5'57'35"E L2 42.4.8' N20'53'46"E . L~,,, 363.10' N09'O ,3'57".EE L4 103;0¢' N20'48'25"E ~ L5 68,28' N1.,¢'09'10".E L6 64..2.9' NO3'59'52"E · , L7 17.7.02' , NOS°O9'56"W L8 50.99' N!1'31'59"E i - L9 34..76' N32'26'57".E ' ' LIO 133.01" N47'39'15"E L12 63.5.3' S80'32'28"E L13 ' 30..00' S89'30'36."E L14 30.00' .S00'29'24."W .... L1"5' 30.00'_ . N89'30'36"W L.16. , ;30.00'., NOO'29'24"E . ,Lt8 . . 18.34' S00'29'24.'W AOCESS EASEMENT OVER AN EXISTING ROAD TAX I~P 92 P~R~EL 5 *'// / ."/ /, / JEANNETTE S. ORROCK D,B. 1491 PO. 495 TAX MAP 92 PARCEL 5A ZONED RA PROPOSED MONOPOLE LAT. 37'59'50.2" NAD 83 ,J! LONO. 78'26'55.0" NAD 8;5 GROUND ELEV. 622,0± NAVD 88 PLAT OF SITE SURVEY CROWN COMM. SITE ORROCK No. CV 327 LOCATED OFF STATE RTE, 53 N EAR SI MEON (ON THE LANDS OF JEANNETTE S. ORROCK) SCOTTSVILLE 'DISTRICT ALBEMARLE COUNTY, VIRGINIA DATE: JULY 3, 2001 SCALE: 1" =~ 100' GENERAL NOTES: TI~.E PROPERTY IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 2, THIS PARCEL IS NOT IN A F. EM.A. FLOOD HAZARD ZONE "A" OR "B". 3; TOPOGRAPHIC INFORMATION WAS TAKEN FROM A TOPOGRAPHIC SURVEY PERFORMED BY PHR&A ON 6/12/01. NO BOUNDARY SURVEY WAS PERFORMED BY PHR&A. ¢. suRvEYED TO 2C SPECIFICATIONS. SHEET 1 OF 2 ATTACHMENT C STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN WALLER NOVEMBER 13, 2001 DECEMBER 5, 2001 SP 01-031 ORROCK (NTELOS PCS) Applicant's Proposal: The applicants proposal is for the installation of a personal wireless service facility, which would include a self-supporting steel monopole, with a top elevation ten feet above the tallest tree within 25-feet, and a total height of 98 feet (Attachment A). The monopole would be equipped with two 1.5-foot by 6-foot, flush-mount panel antennas and a lightning rod at the top. Ground- based equipment would be contained within two metal cabinets six feet in height, on a 10-foot by 16-foot concrete pad. The property, described'as Tax Map 92, Parcel 5, contains approximately 17.7 acres on the north side of State Route 53 (Attachment B). This site is zoned RA, Rural Areas and EC, Entrance Corridor in the Scottsville District. The Comprehensive Plan designates this property as Rural Area 4. Petition: As part of a system that is intended to provide wireless service coverage throughout the area, the applicant, nTelos maintains several personal wireless facility sites in the County of Albemarle. In accordance with Section 10.2.2.6 of the Zoning Ordinance which allows for radio wave transmission and relay towers, this request is for a special use permit which would allow the construction of a personal wireless services facility. According to the applicant's request, this facility would assist nTelos with maintaining a wireless communications system that complies with the requirements of it's FCC license, by helping to increase wireless coverage along State Route 53, south of Monticello and eliminating the occurrence of a "gap" in the network. Planning and Zoning History: SP 01-077 Orrock (Triton PCS)- At its April 25, 2001 meeting, the Board of Supervisors approved a request to allow the construction of a wireless facility with an eighty (80) foot tall metal monopole at a maximum total height of 712.8 feet above-seal level (Attachment C). Those limits were place on the height because there were no trees within 25 feet. This facility site is located on abutting property, approximately 170 feet away from the lease area for this proposed site. Character of the Area: The site of the proposed facility is a wooded lease area that is 900 square feet in area and situated at an elevation between 620 and 625 feet Above Sea Level (ASL) on the side of an incline that peaks at an elevation of 652 feet ASL. The applicant's petition cites the presence of the tree identified as number 37 on the construction plans, which has a height of 89 feet and a top elevation of 711 feet ASL, as the reason for requesting a monopole height of 98 feet (721 feet ASL). The average height of all of the trees shown on the construction plans is 699 feet ASL. The approximate location of the proposed facility site has been indicated on a topographic map 1 29 ATTACHMENT C development of"stealth" facilities that can be completely concealed within existing structures, or attached to existing conforming structures. Tier Two calls for sites that can designed to blend in with the natural surroundings in a manner that mitigates their visual impacts. The standard conditions of approval for Tier Two wireless facilities require the use of brown, treetop monopoles that are no more than 10 feet above the tallest tree within 25 feet, and related ground equipment that is painted brown. Although the applicant's proposal for a monopole at the maximum height allowed under Tier Two is not favorable, it is staff's opinion that a facihty with a lower monopole height more comparable to the tops of the nearby trees would have less visual impact in the proposed location. With respect for other relevant components of the Comprehensive Plan, the Wireless Policy has also identified various "Avoidance Areas" which are locations where the unwise siting of personal wireless facilities could result in adversely impacting important resources. Except when strategically sited and designed to minimize visibility and mitigate their impacts upon the natural landscape, personal wireless facilities should not be located within "Avoidance Areas" such as mountains and historic sites. Although this site is located on property that is adjacent Monticello and Patterson Mountain, the proposed facility site is located below Mountain Resource Areas and completely outside of the historic sites that have been surveyed on those and all other nearby properties. Open Space Plan and Chapter 2: Chapter Two of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provides guidance for protecting the County's natural, scenic and historic resources, and sets the goals for preservation and management of those resources and the environment for future use. The Open Space Plan Concept Map provides an inventory that identifies the areas where the critical resources are present throughout the County. The Comprehensive Plan designates mountains as major open space systems that provide scenic views, naturally forested areas and wildlife habitat, and are recommended for protection in the Rural Areas. The proposed facility site is located within the Entrance Corridor Overlay District for Route 53. As stated in the Zoning Ordinance, the intent of the Entrance Corridor Overlay District is in part, "to implement the Comprehensive plan goal of protecting the county's natural, scenic and historic, architectural and cultural resources, including preservation of natural and scenic resources as the same may serve this purpose," and, "to protect the County's attractiveness to tourists and other visitors; to sustain and enhance the economic benefits accruing to the County from tourism." The Architectural Review Board addresses the aesthetic impacts of all development within the Entrance Corridor Overlay District. However, the Design Planner has determined that ARB review is nor required for this proposal because the balloon tests demonstrated that the facility and its monopole would not be visible from the Route 53 Entrance Corridor. Another one of the open space resources that is present on the subject parcel is the forest on surrounding this site. Staff recognizes that when existing structures are not available, the recommendations set forth in the Personal Wireless Service Facilities Policy favor the practice of locating new facilities in forested areas where monopoles and ground equipment can be designed to blend well into the natural surroundings. This includes the preference for using structures that ATTACHMENT C existing facility and its 80-foot monopole that extends slightly above the tops of the trees are not obtrusive features that draw attention to the facility or impose any substantial detriment to adjacent properties. However, balloon height tests have demonstrated that the newly proposed 98-foot tall monop0Ie, which would be visible from the parking lot of Jefferson Vineyards, could act to draw attention to both sites. The basis for this concern is further demonstrated in the fact that the proposed monopole would be nearly 10 feet taller in total height above sea level than the existing 80-foot tall monopole. Conversely, the lease area of existing monopole is situated at a ground level elevation that is approximately 10 feet higher than lease area for the proposed facility. The applicant's request indicates that nTelos service personnel would normally travel to the site once a month for routine maintenance and service visits. It is anticipated that some unscheduled visits will be necessary on occasions when electrical power to the site is interrupted by weather or other unexpected factors. However, once the tower 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. Together the two facilities would only generate an average of four vehicular trips per month. With consideration for the limited amount of disturbance that would be required, staff finds that the proposed facility would not impose significant physical disturbance upon the subject parcel or any detriment to adjacent properties. HoweVer, due to concerns with the increased visibility of the existing site resulting from the viSibility of the proposed monopole at 10 feet above the tallest tree, staff would only support the proposed facility if a monopole were installed at a lower height. that the character of the district will not be changed thereby, The purposes of the Rural Areas zoning district include preservation of the agricultural and forestal lands and activities, and conservation of the natural, scenic and historic resources. Uses allowed by fight in the in the Rural Areas are residential, and those related to agriculture and forestal activities, while uses allowed by special use permit are most often those that provide services in support of the by-right activities. Staff recognizes that support of locating facilities that comply with the Wireless Policy in the Rural Areas zoning district is not uncommon. This is because the key purpose of the County's Wireless Design Policy is to site tower facilities in locations where there is a very. minimal potential for intrusion upon on the surrounding areas. In addition to being located within a wooded area and the proposed facility would be accessed by extending an existing private driveway, both. of which have be favored approaches in the County's attempt to site wireless facilities in areas where they have limited physical visual impact upon the natural surroundings. With the exception of the top portion of the tower, which would be visible above the surrounding tree canopy, equipment would be obscured from views outside of the lease area effectively. Therefore, staff's opinion is that approval this facility will not result in a chan~ng in the character of the Rural Areas district. 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, and with further reference to Sections 1.5 and 1.6. 5 33 ATTACHMENT C Planning Commission approval of waivers to allow telecommunications facilities to be sited closer to lot lines than the towers and similar mounting structures. Section 5.1.40b(2) repealed that requirement and now authorizes the Director of Planning and Community DeVelopment to allow a wireless facility to be located at a distance that is closer a lot line than the height of its mounting structure. However, this allowance can only be made if the applicant obtains an easement acceptable to the county attorney prohibiting development on the parts of abutting properties sharing common lot lines within the facility's fall zone. This application was submitted prior to the adoption of this requirement, so staff's recommendation includes a condition requiring the applicant to obtain an easement on the abutting parcel located to the north before beginning construction. Because that abutting parcel, is under the same ownership as the property subject to this request, staff does not anticipate any problems in obtaining the easement. In accordance with Section 32.3.10, past applicants were required to request Planning Commission approval of waivers as relief fi:om the process and some requirements of site plan submittal. Because of the relatively small area that is impacted, the Site Review Committee endorsed the use of site plan waivers for the establishment and expansion of personal wireless communication facilities, Section 5.1.40b(5) of the Ordinance now relieves applicants for wireless facilities from the requirement to request a site plan waiver, provided that the facility is designed subject to the requirements of Section 32 as approved by the Director of Plarming and Community Development. Staff's recommendation includes a condition that requires the applicant to submit a set of plans that demonstrate compliance with all requirements of the special use permit as well as the provisions of Section 5.1.40 prior to the issuance of a building permit. 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 instrumentalit~ 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 wireless facilities. The applicant has not provided any information regarding' the availability, or lack thereof, for any 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. 7 35 ATTACH MENTC 4 o The facility shall be designed, constructed and maintained as follows: a. The metal pole shall be painted a brown that is consistent with the color of the bark of the trees; b. Guy wires shall not be permitted; c. No lighting shall be permitted on the site or on the pole, except as provided by condition number nine (9) herein; d. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be dark brown in color and shall be no larger than the specifications set forth in the attached plan entitled "Orrock (CV 327)"; e. A grounding rod, whose height shall not exceed two feet and whose width shall not exceed one-inch diameter at the base and tapering to a point may be installed at the top of the pole. f. Prior to issuance of a building permit, the applicant shall provide a statement to the Planning Department by a registered surveYOr certifying the height of the tree that has been used to justify the height the monopole; g. Within one month after the completion of the pole installation, the applicant shall provide a statement to the Planning Department certifying the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL); The pole shall be no taller than the:height described in condition number 1 of this special use permit without prior approval of an amendment to this special use permit. The facility shall be located as shown on the attached plan entitled "Orrock (CV ~_7) Equipment shall be attached to the pole only as follows: a. Antennas shall be limited to the sizes shown on the attached plan entitled "Orrock (CV 327)"; b. No satellite or microwave dishes shall be permitted on the monopole; c. 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 antennas project out from the pole more than 12 inches. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicles or utilities, a tree conservation plan, developed bv a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. 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. The facility shall be disassembled and removed from the site within ninety (90) days of 9 37 ATTACHMENT D COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 December 18, 2001 M. E. Gibson, Jr Tremblay & Smith. LLP 105-109 East High St Charlottesville. VA 22902 RE: SP-2001-031 Orrock (nTelos); Tax Map 92, Parcel 5A Dear Mr. Gibson: The Albemarle County Board of Supervisors, at its meeting on December 5, 2001 unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet above the top of the tallest tree within twenty-five (25) feet of the facility as measured Above Sea Level (ASL). No antennas or equipment, with the exception of a grounding rod shall be located above the top of the pole; The facility shall be designed, constructed and maintained as follows: a. The metal pole shal be painted a brown that is consistent with the color of tine bark of the trees; b. Guy wires shall not be permitted; c. No lighting shall be permitted on the site or on the pole, except as 'provided by condition number nine (9) herein: d. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be dark brown in color and shall be no larger than the specifications set forth in the attached plan entitled "Orrock (CV 327)';. e A grounding rod, whose height shall not exceed two (2) feet and whose width shall not exceed one-inch diameter at the base and tapering to a point may be installed at the top of the pole. f. Prior to issuance of a ~)uilding permit, the applicant shall provide a statement to the Planning Department by a registered surveyor certifying the height of the tree that has been used to justify the height the monopole; ¢. Within one month after the completion of the pole installation, the applicant shall provide a statement to the Planning Department certifying the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL); h, The pole shall be no taller th an the height described in condition fiumber 1 of this special use permit without prior approval of an amendment to this special use permit. ATTACHMENT D Page 3 December 18, 2001 10 No slopes associated with construction of the facility and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are employed; and, 11. The applicant shall submit a revised set of site drawings to the Department of Planning and Community Development. Prior to the issuance of a building permit for construction of the facility, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed in the final revisions of the construction plans. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereu pon terminate. For purposes of this-section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, Director of Planning & Community D,~,elopmem VWC/jcf Cc: Amelia McCulley Jack Ketsey Tex Weaver Steve AIIshouse 4! F[LE No.748 07/28 '03 15:47 [D:NTELOS FA×:8043275491 PAGE 2 (817) 457-3060 FAX (~17} 429-6010 gO~l~m Flange Plme: 1.00' x 13.flo' i w/(12)-o.r i Aa3S on 9.75 In. B.C. 114:0' Design Spec~: EIA/TIA - ~2 - F 1996 Case 1: W"md= 110 topi1 Case 2: Operatfonai W~cl = SO mpl~ No 85+- 11" PL 3/16 ' x 44'-10"' (~t. 8halt WL = 1,49 Mlrl, = 29,7 in. Oeelgn = &3 in. MaX = 38 in. __ PL I/4 "x 44'-10" (Est. Shaft Wt, ~ 2.62 MIrl. = 40.5 in, Design, -- 45 [-. Max = ~0 in. POLE SPECIFICATIONS Pole S~ape Type: I l/Polygon Ta~r. t 0.19238 In/It Shaft Steel: ASTM A572 Grade ease eL Steel: I AS'nd A,~33 UR. E Anchor Boles: I #1BJ ASTM A615 ~ 75 1 2-4 TOP ,.~'la I l§lTlrlll~] rod TOP (1) Comsat RS, I (UND-14AT~4.I-1G-D2) 114' (3) E-Systems Cellular laaael Antenna 114' (3) 6 FT Booms Step Bolts Fuji Height Antenna Feect Unee Run lr~icle Of Pole 110 MPHWIND ] 50MPHWlND [ EL oeae~ (e~/) Cmae~) (d~r~ -TOPI125'.., 124.1 , a.e$ t 25.e Relation 1.8 -- eL ~/16 ' x 44'-10" (l~t, ~aft wt. = 4,78 ~ PL 2.50 a. x 4~,oo in, ROUND ~ w $ Anohor Elolt~ on 42.75 ~. B.C. W[ MIn 6'~' Em~ent i~ ~er ~/Nut & Tem~m PL ~ ~om) ~sL Ba~ PL ~ ' 1,~ ~) 2 I ~.~ I 02.600 ~75 19.~1 ' ' UNFACTOR~ MOME~ = 1207 Ft~ ~= 18.6 ~1~ ~ 11,3 Est ,%haft + Base PL SU ~Nt ~ t 0,~?, ~ OCT 3 0 1996 August 5, 2003 COUNTY OF ALBEMARLE Departmer~t of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 08-06-03 109 6-EF T. E. Wood 322 Dover Road Chadottesville, VA 22901 RE: SP-03-34 T. E. Wood (Triton PCS); Tax Map 88, Parcel 26 Dear Mr. Wood: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0. recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The facility shall be desi,qned, 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, "Wood-Arrowhead (Triton PCS)", last revised April 21, 2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and l-foot in width. 2. The height and size of the monopole shall not be increased for the purpose of replacing the an[ennas. The monopole shall never exceed six (6) feet above the tallest tree within 25 feet. as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 01-03. 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 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 tighting shall be permitted on the site or on the pole, exce pt 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 through 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. 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 issuanc~ of a buildinq 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 August 5, 2003 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 M¢lntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 0~-~7 1DL Patricia B. Jensen 2351 Stony Point Road Charlottesville, VA 22911 RE: SP-03-35 Jensen (Triton PCS); Tax Map 62, Parcel 91 Dear Ms. Jensen: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The facility shall be desi.qned, 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, "Jensen (Triton PCS)", last revised Apdl 15, 2003 and provided with Attachment B in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 sixty-nine (69) feet in height, and shall be sized as originally approved with special use permit SP 01-05. 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 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 through the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a tuminaire 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. 9. The permit-tee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a building permit, the following requirements shall be met: t0. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arbodst, 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 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 08-969928009 ?-F ~ August 5, 2003 Jeannette E. Orrock 1240 Thomas Jefferson Parkway Charlottesville, VA 22902 RE: SP-03-36 Orrock (Triton PCS); Tax Map 92, Parcel 5A Dear Ms. Orrock: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The facility shall be desi.qned, 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, "Orrock (Triton PCS)", last revised Apdl 15 2003 and prOvided with Attachment C in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 1-foot in width. 2. The height and size of the monopole shall not be increased for the purpose of replacing the antennas. The monopote shall never exceed eighty (80) feet in height, and shall be sized as originally approved with special use permit SP 00-77 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 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 through 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. 9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Pdor to the issuance of a buildinq permit, the followin.q requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arbodst, 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 Page 2 August 5, 2003 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. 11. The antenna details entitled "tri-bracket mount plan" and "isometric tri-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number 4 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 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. 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 u pon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 13, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, Senior Planner sw/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Byron Scyzgial August5,2003 COUNTY OF ALBEMARLE Departmer~t of Planning & Community Development 401 McIntirc l~oad, I~oom 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 08-Od~-O] 3£ £90 Leroy & Helen Moyer 1863 Thomas Jefferson Parkway Charlottesville, VA 22902 RE: SP-03-37 Moyer (Triton PCS); Tax Map 92, Parcel 56B3 Dear Mr. & Mrs. Moyer: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 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, "Wentworth Farm (Tdton PCS)", last revised April 15, 2003 and provided with Attachment D in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and l-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 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-44. 3. Ail 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 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 pedods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through 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. 9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a buildin.q permit, the followin.q requirements shall be met: 10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed by a certified arbodst, 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 Page 2 August 5, 2003 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-fobt buffer, after the installation of the subject facility. 11. The antenna details entitled "tri-bracket mount plan" and "isometric tri-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number 4 of this special use permit. 12. The "new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number 6 of this special use permit. 13. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuance of a Certificate Of Occupancy, the followin,q requirements shall be met: 14. 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. 15. AII 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. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 13, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, Stephen Waller, AICP Senior Planner sw/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Byron Scyzgial August 5, 2003 COUNTY OF ALBEMARLE Departmeqt &Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 Robert & Carolyn Sweeney 2427 Thomas Jefferson Parkway Charlottesville, VA 22902 RE: SP-03-38 Sweeney (Triton PCS); Tax Map 94, Parcel 17 Dear Mr. & Mrs. Sweeney: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 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, "Carroll Creek (Triton PCS)", last revised April 15~ 2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 six (6) feet above the tallest tree within 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-45. 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 shal] be permitted. However, 'n no case shall the distance between the face of the pole and the faces of the antennas be more than 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 pedods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through 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 thetamps, and to connect the lamps to the power supply. 9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a buildinq 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 Page 2 August 5, 2003 11. 12. 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. The "new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number 6 of this special use permit. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 13. 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. 14. 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. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 13, 2003.. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, ~AICP Senior Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Byron Scyzgial August 5, 2003 COUNTY OF ALBEMARLE Dcpartmcqt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 Fax (434) 972 - 4012 08-{~599 2 90090'7 Gregory A. Winston 16202 Penterra Way Mitchville, MD 20716 RE: SP-03-39 Winston (Triton PCS); Tax Map 106, Parcel 7 Dear Mr. Winston: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The facility shall be desiqned, 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, "Snow Hill (Triton PCS)", last revised April 16, 2003 and provided with Attachment A in the July 22. 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-46. 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. 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 12 inches. No satellite or microwave dishes shall be permitted on the monopole. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole. No guy wires shall be permitted. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to period,s of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the shield or shielding part of the lu~ninaire. 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. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a buildinq 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 Page 2 ' August 5, 2003 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. 11. The antenna details entitled "tri-bracket mount plan" and "isometric td-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number 4 of this special use permit. 12. The "new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number 6 of this special use permit. 13. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuance of a Certificate of Occupancy, the followinq requirements shall be met: 14. 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 eacn 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. 15. Ail 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. Please be advised that the Albemarle County Board of Supervisors will review this petition and rece ive public comment at their meeting on August 13, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, Stephen Waller, AICP Senior Planner svv/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Byron Scyzgial August5, 2003 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 McIntir¢ Road, Room 218 Charlottesville, Virginia 22902-459($ (434) 296 - 5823 Fax (434) 972 - 4012 08-06- 0T91 O? Archie Goodwin Tomlin 1064 Goodwin Farm Lane Charlottesville, VA 22903 RE: SP-03-40 Tomlin (Triton PCS); Tax Map 75, Parcel 9 Dear Mr. Tomlin: The Albemarle County Planning Commission, at its meeting on July 22, 2003, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 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, "Tomlin (Triton PCS)", last revised April 16, 2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennaS"~hall not exceed 5 feet in height and 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 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-50. All ground equipment antennas, equipment pads, external wires and equipment shall be a color that closely matches that of the existing pol~ 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 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 ligh~Jng 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 through 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. 9. The permittee shall comply with section 5.1.t2 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a buildinq 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 s.[~ecify 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 Page 2 August 5, 2003 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. 11. The antenna details entitled "tri-bracket mount plan" and "isometric rtl-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with COndition number 4 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 facility, shall submit a report to the Zoning Administrator by July I 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. 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. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 13, 2003. Any new or additional information regarding your application must be submit[ed to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, Stephen Waller, AICP Senior Planner sw/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Byron Scyzgial STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN B. WALLER, AICP JULY 22, 2003 AUGUST 13, 2003 ' SP 03-34 WOOD (TRITON PCS) SP 03-35 JENSEN (TRITON PCS) SP 03-36 ORROCK (TRITON PCS) SP 03-37 MOYER (TRITON PCS) SP 03-38 SWEENEY (TRITON) SP 03-39 WINSTON (TRITON PCS) SP 03-40 TOMLIN (TRITON) Applicant's Proposal: The applicant!s proposal is for the replacement of antennas and the installation of new ground equipment supporting upgrades in digital technology and E-911 services at several existing personal wireless services facility. The proposed panel antennas, which are approximately 4-1/2 feet in length, 1-foot in width, and 4 inches in depth, would be flush-mounted on existing "treetop" monopoles at various Triton PCS/SunCom facilities throughout the County. At each site the new ground equipment would be installed within two (2) cabinets, one that is 5-1/4 feet tall, 4-1/4 wide and 2-1/3 feet deep and another that is 2-1/6 feet tall, 2-1/3 foot wide and 1-11/12 feet deep. The larger of those two cabinets would either be installed on the existing concrete pads, while the smaller cabinet would be fitted on top of the existing equipment cabinets located at each site. Additionally, a 2-foot long, 3/4-inch diameter GPS (Global Positioning System) antenna would be installed at ground level on ice bridges. Petition: All of the existing and new equipment at these sites would continue to be used by one personal wireless communication service providers, Triton PCS/SunCom. These requests are being made in accordance with Sections 10.2.2.6 of the Zoning Ordinance, which allows for radio wave transmission and relay towers in the Rural Areas zoning districts. 03-34 Wood (Triton PCS) - The property, described as Tax Map 88 - Parcel 26, contains approximatley 71.34 acres and is located in the Samuel Miller Magisterial District on Arrowhead Valley Road [StateRt. 745], just east of U.S. Route. 29 South. The prop6rty is zoned RA (Rural Areas) and EC (Entrance Corridor) and is designated as Rural Areas 4 in the Comprehensive Plan. The facility at this site was originally approved by the Board of Supervisors as SP 01-03 (Attachment A). 03-35 Jenson (Triton PCS) - The property, described as Tax Map 62 - Parcel 91, Contains 3.01 acres, and is located in the Rivanna Magisterial District on Stony Point Road [State Route 20] approximately 3 miles from the intersection of Route 250 and Route 20. The property is zoned RA (Rural Areas) and EC (Entrance Corridor) and is designated as Rural Areas 2 in the Comprehensive Plan. The facility at this site was originally approved by the Board of Supervisors as SP 01-05 (Attachment B). 03-36 Orrock (Triton PCS) - The property, described as Tax Map 92 - Parcel 5A, contains approximately 15.61 acres and is located in the Scottsville Magisterial District offof State Route 53, approximately 1/8 mile west of the intersection with Milton Road [State Route 732]. The property is zoned RA (Rural Areas) and EC (Entrance Corridor) and is designated as Rural Areas 4 in the Comprehensive Plan. The facility at this site was originally approved by the Board of Supervisors as SP 00-77 (Attachment C). 03-37 Moyer (Triton PCS) - The property, described as Tax Map 92 - Parcel 56B3, is located in the Scottsville Magisterial District at 1863 Thomas Jefferson Parkway [State Route 53] between Gobblers Ridge and Mountain Brook Drive. The property is zoned RA (Rural Areas) and EC (Entrance Corridor) and is designated as Rural Areas 4 in the Comprehensive Plan. The facility at this site was originally approved by the Board of Supervisors as SP 00-44 (Attachment D). 03-38 Sweeney(Triton PCS) - The property, described as Tax Map 94 - Parcel 17, is located in the Scottsville Magisterial District at 2670 Thomas Jefferson Parkway [State Route 53] east of State Route 729. The property is zoned RA (Rural Areas) and EC (Entrance Corridor) and is designated as Rural Areas 4 in the Comprehensive Plan. The facility at this site waS originally approved by the Board of Supervisors as SP 00-45 (Attachment E). 03-39 Weber (Triton PCS) - The property, described as Tax Map 106 Parcel 7 is located in the Scottsville Magisterial District on the north side of Thomas Jefferson Parkway [State Route 53] approximately 2,000 feet from the Fluvarma County Line. The property is zoned RA (Rural Areas) and EC (Entrance COrridor) and is designated as Rural Areas 4 in the Comprehensive Plan. The facility at this site Was originally approved by the Board of Supervisors as SP 00-46 (Attachment F). 03-40 Holmes (Triton PCS) - The property, described as Tax Map 75 Parcel 9, contains 10.326 acres, and is located in the Samuel Miller Magisterial District at 1064 Goodwin Farm Lane. Goodwin Farm Lane is off29 South, approximately 2 miles south ofi-64. The property is zoned RA (Rural Areas) and EC (Entrance Corridor) and is designated as Rural Areas 3 in the Comprehensive Plan. The facility at this site was originally approved by the Board of Supervisors as SP 01-50 (Attachment G). All of the above- mentioned petitions are for special use permits that wouM allow the replacement of existing antennas with new ones that are slightly larger and new ground equipment that would fit on the existing concrete pads. Information regarding the specific locations and equipment sizes for each site is provided in the attachments. Planning and Zonin~ History_: All of the existing facilities have treetop mounting structures that were allowed by special use permits. Staff recognizes that seven (7) similar special use permits were approved at the May 7 Board of Supervisors meeting, while several other requests were approved as by-right amendments Character of the Area: Ail of these sites are located within wooded areas and have varying monopole heights that are based on the height of trees located within close proximity. 2 RECOMMENDATION: Staff has reviewed these requests for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with updated conditions more similar related to those that are currently applied to proposals for new treetop facilities. COMPREHENSIVE PLAN: Personal Wireless Service Facilities Policy: The applicant is proposing to replace several flush-mounted antennas at existing facilities without increasing the heights ofmonopoles that are being used as mounting structures. Therefore, it is the opinion staff along with the support of the Architectural Review Board that approval of the requested amendments with the recommended conditions would be consistent with the policies and guidelines set forth in the Comprehensive Plan for siting personal wireless service facilities (Attachment H). STAFF COMMENT: Staffwill address ~the issues of this request in four sections: Section 31.2.4.1 of the Zoning Ordinance; and, Section 704 (a)(7)(b)(I)(II) of the Telecommunications Act of 1996 Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the fight 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 adiacent property, Each of the existing facilities were established in accordance with Tier 1/of the wireless pohcy and none of these proposals would require an increase in the heights of the monopoles that have been constructed to support the attached antennas. It is staff's opinion that the proposed ground equipment would not have the effect of increasing visibility of the facilities. This is because the existing equipment that is larger than that which is being proposed is already adequately screened from adjacent properties and roadways. However, staffhas recognized that several of the plan sets will have to be amended to show that the antennas will not extend above the tops of the monopoles and to meet the definition of flush mounting prior to the issuance of building permits. that the character of the district will not be changed thereby, All of these proposals are for the amendment of existing facilities that have already been allowed through the special use permit process, and do not require any increases in monopole heights or significant disturbance outside of the areas immediately surrounding the equipment pads. Therefore, it is staff's opinion that the proposed work would not have the effect of changing the character of the district. 3 and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed these requests with consideration for the purpose and intent of the Zoning Ordinance as stated Sections 1.4.4, 1.5 and 1.6, all of which address the provision of public services. As evidenced by the expanded and rapid increase in use, the provision of personal wireless communications clearly represents a public service. Section 1.4.3 states that one of the intents of the Ordinance is to, "facilitate the creation of a convenient, attractive and harmonious community." Allowing the proposed amendments to the facilities at these sites would assist with enhancing the variety of personal wireless services that are available, and this can be seen as an increase to the level of convenience for those who use those services. However, staff is aware that those conveniences must also be balanced with concerns for the possible negative impacts that personal wireless service facilities can have upon the goals for creating and maintaining an attractive community. Whenever possible, personal wireless service facilities should be designed to stealthily blend into the existing surroundings. This can be effective for ensuring that new facilities are not located in a manner that requires an extensive amount of environmental degradation in addition to imposing significant visual impacts. Because these proposals for upgrading existing sites appear to require very minimal disturbance, if any, upon the natural surroundings, it is staff's opinion that the approval of these proposals can be found in compliance with the purpose and intent of the Zoning Ordinance. with the uses permitted by right in the district, Staffhas identi fled no evidence to demonstrate that the changes proposed for these seven existing facilities would restrict or otherwise adversely affect any of the by-right uses allowed on the subject parcels or on any other properties within the district. These requests are representative of changes that are being made to all of the Triton PCS/SunCom facilities that are located within the County, all of which were originally accompanied by special use permit requests. The Board of Supervisors has already approved eight similar requests with equipment that meets the exact same specifications. However, in reviewing the applications for the several other Triton amendments, the Zoning Administrator has also made the determination that the proposed changes for some sites could be made by right and in compliance with existing conditions of approval. This is because each of those proposals included a reduction in antenna sizes, as well as equipment pads that did not have to be enlarged. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. The Board of Supervisors adopted the Personal Wireless Service Facilities Policy to provide guidelines for the siting and review of proposals 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 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) vertical arrays of flush-mounted panel and/or whip antennas by right, provided that any supporting ground equipment can be installed within the existing area that has been provided. The existing conditions of approval required that antennas and equipment for each of the existing facilities be designed and sized as shown on the construction plans that were submitted for those applications. Therefore, although a single array 4 of antennas would still be attached to each of these monopoles, amendments to the existing special use permits are required because the new antennas would be larger than those that were shown on the original construction plans. 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 instmmentaliW thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. The Telecommunications Act of 1996 addresses issues related to environmental impacts 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 comply with the FCC guidelines for radio frequency emissions that are intended to protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless services. However, both do implement specific policies and regulations for the siting and design of wireless facilities. In their current states, these facilities and mounting structures all offer adequate support for providing personal wireless communication services. However, the applicant is now in the process upgrading its wireless network to accommodate advances in technology by redeveloping the existing facilities. SUMMARY: Staff has identified the following factors, which are favorable to these requests: The proposed installation 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. The new ground equipment cabinets would not be visible from areas outside of the facility. No additional clearing or other disturbance appears to be necessary for the replacement of the antennas and installation of new ground equipment. These proposals are anticipated to have minimal visual impacts upon the existing surroundings. Staff has identified no factors that are unfavorable to these proposals. The following factors are relevant to this consideration: All of these proposals include requests for a slight increase in antenna sizes. None of these proposals require an increase in the size of the concrete equipment pads. RECOMMENDED ACTION: Staff recommends approval of the requested special use permit subject to the following conditions: (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: SP 03-34 WOOD (TRITON PCS) The facili _ty shall be designed, constructed and maintained as follows: I. The ground equipment, including the concrete pad, shall be sized, located and maintained in general accord with the plans entitled, "Wood-Arrowhead (Triton PCS)", last revised April 21, 2003 and provided with Attachment A in the July 22, 2003 staffreport. Panel antennas shall not exceed 5 feet in height and 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 six (6) feet above the tallest tree within 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 01-03. 3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color th.at 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 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 lumina/re shall be fully shielded such that all light emitted is projected below a horizontal plane nmning through the lowest part of the shield or shielding part of the lumina/re. For the purposes of this condition, a lumina/re 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. 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. 6 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 one thousand (1,000) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within two hundred (200) feet of the facility site, after the installation of the subject facility. 11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 12. 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. 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. SP 03-35 JENSEN (TRITON PCS) 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, "Jensen (Triton PCS)", last revised April 15, 2003 and provided with Attachment B in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 sixty-nine (69) feet in height, and shall be sized as originally approved with special use permit SP 01-05. 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, 7 o in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches. No satellite or microwave dishes shall be permitted on'the monopole. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole. No guy wires shall be permitted. 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 through 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 alamp 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. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. 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. 11. The antenna details entitled"tri-bracket mount plan" and "isometric tri-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number 4 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 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. 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 14. 15. removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. No trees or significant vegetation shall be removed from the area bounded by the access easement from State Route 20 to the facility site, the utility easement across Parcels 89 and 91, the westernmost boundary of Parcel 91, and property lines of Parcels 89 and 91 along Route 20. The area subject to this condition was originally addressed specifically with the approval of special use permit SP 01-05 and is shown on page C-1 of the latest revised plans entitled, "Jensen (Triton PCS)", last revised April 15, 2003. The trimming, cutting, or removal of the eighty-eight (88) foot tall tree located five hundred- eighty-five (585) feet from the monopole, as identified on the attached plan Page SP-2, date stamped May 10, 2001, from the originally approved special use permit (SP 01-05) plan entitled Jensen, is prohibited. Any occurrence that destroys or reduces the height or volume of the tree shall constitute grounds for the Board of Supervisors to void the special use permit if it determines that the change in condition of the trees requires a modification of the facility to mitigate its visibility. SP 03-36 ORROCK (TRITON PCS) The faciliW 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, "Orrock (Triton PCS)", last revised April 15, 2003 and provided with Attachment C in the July 22, 2003 staffreport. Panel antennas shall not exceed 5 feet in height and 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 eighty (80) feet in height, and shall be sized as originally approved with special use permit SP 00-77. 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. 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 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 fidly shielded such that all light emitted is projected below a horizontal plane running through 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. 9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. 9 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 fo~ 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. 11. The antenna details entitled "tri-bracket mount plan" and "-isometric tri-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number 4 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 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. 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. SP 03-37 MOYER (TRITON PCS) 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, "Wentworth Farm (Triton PCS)", last revised April 15, 2003 and provided with Attachment D in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 25 feet, as measured Above Sea Level (ASL), and Shall be sized as originally approved with special use permit SP 00-44. 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. 10 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 12 inches. No satellite or microwave dishes shall be permitted on the monopole. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole. No guy wires shall be permitted. 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 through 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. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. 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 Plarming 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. 11. The antenna details entitled "tri~bracket mount plan" and "isometric tri-bracket mount plan" on Page C-5 of the construction plans shall be rev/sed to demonstrate that the antennas will be flush,mounted as defined with condition number 4 of this special use permit. 12. The "new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number 6 of this special use permit. 13. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 14. 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. 11 15. 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 03-38 SWEENEY (TRITON PCS) The facilit)_ ~ 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, "Carroll Creek (Triton PCS)", last revised April 15, 2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 six (6) feet above the tallest tree within 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-45. 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, 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 12 inches. No satellite or microwave dishes shall be permitted on the monopole. NO antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole. No guy wires shall be permitted. 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 ranning through 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. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. o 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 12 11. 12. 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. The ';new tower elevation" on Page C-3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number 6 of this special use permit. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 13. 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. 14. 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 03-39 WINSTON (TRITON) 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, "Snow Hill (Triton PCS)", last revised April 16, 2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-46. 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 12 inches. 13 o No satellite or microwave dishes shall be permitted on the monopole, No antennas or equipment, with the exception ora grounding rod, shall be located above the topof the pole: No guy wires shall be permitted. 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 hght emitted is projected below a horizontal plane running through 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. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. 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. 11. The antenna details entitled "tri-bracket mount plan" and "isometric tri-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number 4 of this special use permit. 12. The "new tower elevation" on Page C~3 of the construction plans shall be revised to show that the no portion of antennas will extend above the tallest portion of the monopole in accordance with condition number 6 of this special use permit. 13. The title and heading on the construction plans for this application shall be revised to include the property owner's name. After the issuance -of a Certificate of Occupancy, the following requirements shall be met: 14. 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 associatedwith each provider. 15. 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 03-40 TOMLIN (TRITON PCS) 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, "Tomlin (Triton PCS)", last revised April 16, 2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed 5 feet in height and 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 (1~0) feet above the tallest tree within 25 feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with special use permit SP 00-50. 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 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 hght emitted is projected below a horizontal plane running through 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 ora 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. 9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance ora 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, 15 11. 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. The antenna details entitled "tri-bracket mount plan" and "isometric tri-bracket mount plan" on Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be flush-mounted as defined with condition number 4 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 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. 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. ATTACHMENTS: AM B- C- D- E~ F- G- H- SDP 03-34 (Wood) Application, Plans and Original Approvals SDP 03-35 (Jensen) Application, Plans and Original Approvals SDP 03-36 (Orrock) Application, Plans and Original Approvals SDP 03-37 (Moyer) Application, Plans and Original Approvals SDP 03-38 (Sweeney) Application, Plans and Original Approvals SDP 03-39 (Winston) Application, Plans and Original Approvals SDP 03-40 (Tomlin) Application, Plans and Original Approvals ARB and Zoning Comments Recommendations 16 County of Albemarle -- ATTACHIVIENT A Department of' Building Cot. and Zoning. [OFFICE USE ONLY Application for Special Use Permit Project Name (how should we refer to this application?) Wood Property I 'Existing Use Telecommunications Facility Proposed Use Same I,Zoning District ~,~ ~ *Zoning Ordinance Section number requested I(*staffwill assist you with these items) Number of acres to be covered by Special Use Permit (if a portion it must be delineated on plat) Existing lis this an amendment to an existing Special Use Permit? [] Yes [] No are you submitting a site development plan with this application? [] Ye~ [] No 10.2.2.6, 0200/ IContact Person (Whom should we call/write concerning this project?) IAddress 100 Westgate Parkway City Richmond I Daytime Phone 804-937-5808 Fax# 804-364-7950 Byron Scyzgi,al State VA Zip 23233 Email bscyzqial~?ritonocs.com , pwner~ of Land (As listed in the County records): ldress 322 Dover Road Daytime Phone T.E. Wood City Charlottesville Fax# State VA Email Zip 22901 Applicant (Who is the contact person representing? Who is requesting the special use?): Address 100 Westgate Parkway City Richmond Daytime Phone 804-937-5808 Fax# 804-364-7950 TritonPCS State VA Zip 23233 Email bscyzqial~tritonpc$.com Tax map and parcel Tax Map 88 Parcel 26 Physical Address (if assigned) / Arrowhed Valley Road Charlottesville. VA 22901 Location of property(landmarks, intersections or other) 6.4 Miles south on Route 29 from US 250. Turn left on Route 745 and go about 1000 feet across the railroad tracks and take an immediate right to the gate. Does the owner of this property own (or have any ownership interim in) any abutting property? If yes, please list those ~x map and parcel numbers. ~ F~ount$ ~10. DatePaid ~Check* ~ ~ Receipt~ /~ ~isto~: ~al Use Pe~i~: } qog ~;I- '1 ~ ~ and ~em: r' - O - ~ ~ I-oo~ / /qTo ~0~7 ~ ke~er of . Concu~nt review of Site Development PI~? ~ Y~ ~ ~o 401 Mclntire Road * Ch=to~esvilte, VA 22902 * Voice: 296-5832 * F~: 9724126 1'7 ATTACHMENT A Section 31.2.4.1 of the Albemarle County Zoning Ordinanc4 states that, "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, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with ~the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? See Attached How will the proposed special use affect adjacent property? See Attached How will the proposed special use affect the character of the district surrounding the property? See Attached How is the use in harmony with the purpose and intent of the Zoning Ordinance? See Attached How is the use in harmony with the uses permitted by right in the district? See Attached What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? See Attached How will this use promote the public health, safety, and general 'welfare of the community? See Attached Describe your request in detail and include all pertinent information such as the numbers involved irt the use, operatir ours, and any unique features of the ATTACHMENT A ATTACHME~S REQUIItED - provide two(2) copies of each: 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 oMy for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed'drawing. 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 documen.t accsptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: o .~ '3. Drawings or conceptual plans, if any. /~1) - 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. Signature Printed Name Date .Daytime phone number of Signatory 3 ATTACHMENT A Wood (TritonPCS CVR-384B) What is the comprehensive plan designation for this property? How will the proposed special use affect adjacent property? The proposed modification to the approved SUP will have no adverse affect to any adjacent property. The additional equipment will be smaller in dimension than the existing equipment and given the height of the tower and surrounding tree cover the increase in size of the antennas being used will not be noticeable. Overall, the additions to the site will not be visible or noticeable from adjacent property. How will the proposed special use affect the character of the district surrounding the property? The proposed facility is consistent with the existing approved SUP and will not change the manner the current site interacts with the character of the district surrounding the property. It will not generate additional traffic or development, and preserves the character of the district. Because the surrounding propervj contains many tall trees and because the existing pole and antennas are sited within a ~ove of tall trees so that it is minimally visible, the character of the district surrounding the property will not be affected by the modifications. The proposed modifications will not change the manner the existing facility blends with the existing trees on and nearby the property. How is the use in harmony with the purpose and intent of the zoning ordinan ce? The proposed modifications to the facility are consistent with the County's preference for monopole structures, which extend slightly above the ~reetops as discussed in the County's wireless design manual. In addition, wireless telecommunication services provide a public service to the community by creating a "convenient, attractive and harmonious community", consistent with the intent of the Zoning Ordinance. These modifications will enable TritonPCS to further the intent of the Zoning Ordinance by offering the citizens the most technologically advanced mobile communication service available. How is the use in harmony with the uses permitted by-right in the district? The proposed modifications to the facility will not restrict the current uses or other by- right uses available at this property or by-right uses on another property. What additional regUlations provided in Section 5.0 of the zoning ordinance apply to this use? Section 5.1.12, which outlines public utility structures and Uses. ATTACHMENT A How will this use promote the public health, safety ....and general welfare of this community? The proposed modifications to the facility will provide increased and improved wireless telecommunications service to this portion of Albermarle County, especially emergency communications and enhanced digital communications including internet, faxing, photo, video, etc. Specifically, emergency communications will be promoted with the upgrade to enhanced 911 services including GPS location capabilities built into handsets, thereby giving emergency services the ability to pinpoint the exact location of emergency calls. Describe your request in detail and include all pertinent information such as number of persons involved in the use, operating hours and unique features of the use: TritonPCS requests an amendment to an already approved Special Use Permit to construct, maintain and manage a wireless telecommunications facility on property identified as tax map 88 parcel 26 The modification would be comprised of additional ancillary equipment to upgrade the facility to accommodate TritonPCS' 3~a Generation digital technology (GSM); as well as meet the federal mandate to provide Enhanced 911 services. In order to achieve this goat TrionPCS needs to install a new cabinet measuring 5'-31/2"h x 4'-31/4"w x 2'-4"d. This new cabinet will be placed on the existing concrete foundation pad and provides the electrical equipment necessary to provide the GSM technology. The enhanced 911 equipment cabinet measuring approximately 2'x2'x2' will be mounted on the top of the exiting equipment cabinet. Additionally, a new ice bridge will be installed similar to the exiting ice bridge along with a 2' GPS antenna installed on the existing ice bridge. Finally, 6 new coaxial lines similar to the existing lines will be routed up the tower and installed into the new panel antennas measuring 4'6"h x 12"w; these antennas will be replacing the existing antennas currently located on the facility. All of the additional equipment will be painted to match the current equipment. Triton operates a Personal Communications Service (PCS) system, providing the most technologically advanced wireless communications throughout the Southeastern United States. Triton and AT&T Digital PCS have undertaken a joint venture to expand the AT&T Digital PCS network to over 11 million people in Virginia, North Carolina and Georgia. Triton is a member of the AT&T Digital Wireless Network, licensed to cover more than eighty percent of the United States. AT&T Digital PCS provides convenient and secure mobile communications, combining voice, messaging and paging communications in a single phone; while the modifications will enable Triton to expand its services to include data, fax, internet, photo, and video to name a few. Once the modifications are complete the facility will be (,isited 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 propo, sal will serve the community by fostering increased communications, especially emergency communications. Most importantly, due to the design and precise location and siting of the original facility the modifications will not affect the minimal visibility of the existing facility. The proposed modifications to the facility were designed to strictly comply with the County's wireless design manual and adhere to the conditions of the already approved SUP. 21 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434} 972 - 4012 August 6, 2003 Valede W. Long McGuire Woods LLP P O Box 1288 Charlottesville, VA 22902 RE: SP-03-45 American Tower LP (Shadwell) Amendment; Tax Map 78, Parcel 51C Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on August 5, 2003, by a vote of 4:0, recommended approval of SP-03-45, American Tower LP, for the applicant's request for relief from condition 2f ("No building permit shall be issued for a Nextel Partners antenna until a written certification is obtained from the Emergency Communications Center (ECC) that it will not unreasonably interfere with the proposed ECC 800 mhz communications system.") to the Board of Supervisors, with the condition that all remaining conditions of SP-01-38, remain in effect. Please be advised that the Albemarle County Board of Supervisors wilt review this petition and receive public comment at their meeting on August 13, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at teast seven days prior to your scheduled hearing date. ' / If you should have any questions or comments regarding the above noted acti0n'l please do not hesitate to contact me (434) 296-5823. Sincerely, Principal Planner MD/jcf Cc: Bla Oa[ey Amelia McCulley Jack Kelsey Steve AIIshouse COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP-03-45 ~umerican Tower, relief from condition of approval sUBJECT/PROPOSAL/REQUEST: Request for special use permit to amend the conditions of approval of SP-01-38 in accordance with SeCtion 10.2.2.6 of the Zoning Ordinance which allows for wireless telecommunications facilities. The property, described as Tax Map 78 Parcel 51C, contains 3 acres, and is zoned RA, Rural Areas District. The proposal is located in the Rivanna Magisterial District. STAFF CONTACT(S): Margaret Doherty AGENDA DATE: August 5, 2003 BOS DATE: August 13, 2003 ITEM NUMBER: CONSENT AGENDA: Yes ACTION: Yes INFORMATION: ATTACHMENTS: Yes REVIEWED BY: VWC PROPOSAL: Request for special use permit to amend the conditions of approval of SP-01-38, which was approved by the Board of Supervisors on March 20, 2002. The applicant proposes to delete condition 2(f), which states: "No building permit shall be issued for a Nextel Partners antenna until a written certificatiOn is obtained from the Emergency Communications Center (ECC) that it will not unreasonably interfere with the proposed ECC 800 mhz communicatiOns system." The Commtmications Act of 1934, as amended, provideS' the Federal Communications Commission (the "FCC") with exclusive jurisdiction oVer radio frequency interference issues. Therefore, local regulation of radio frequency is preempted by federal law, and is thus void. Because condition 2(f) is an attempt to regulate radio frequency, in violation of the FCC's authority, the apPlicant contends that it should be deleted from the conditions governing SP-01-38. DISCUSSION: The'County Attorney's Office has reviewed the application and has rendered an opinion, which is attached. In his memorandum to the Board of Supervisors, dated July 23, 2003, the County Attorney skes recent case law, which supports the applicant's claim. Other local jurisdictions have attempted to regulate radio frequency interference, to no avail. Because Condition 2(f) is preempted by federal law, the County Attorney recommends approval of the applicant's request. Therefore, staffbelieves it is prudent to remove condition 2(f) from the approval of SP-01-38. RECOMMENDATION: Staff recommends approval of the special uSe permit request to delete'condition 2(f); with the condition that all remaining conditions of SP-01-38, remain in effect. ATTACHMENTS: A - Vicinity Map B - SP-01-38 Action Letter, dated April 3, 2003 C - SP-03-45 Application D - County Attorney's Memorandum, dated July 29, 2003 Attachment A ? ATTACHMENT B COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296'- 5823 Fax (434) 972 - 4012 April 3, 2002 .Valede Long Cio McGuire Woods, LLP 31'0 Fourth street, NE Suite 200 Charlottesville, VA 22902 RE: SP-2001-038 Amedcan Tower, LP; Tax Map 78, Parcel'51C Dear Ms. Long: The Albemarle County Board of Supervisors, at its meeting on March 20, 2002, unanimously approved the aboVe-noted request. Please note that this approv, al is-subject to .the following conditions: . :. 1. The facility shall be deSigned; constructed and maintained as follows: a. The top :of the tower shall not.exceed an above ground level (AGL) height of two hundred sixty (260). feet, and a total height of 1029112 feet aboVe sea level (ASL). Within one (1) month after the completion 'of the tower installation, the applicant shall, provide a statement to the Planning Department .certifying the height of the tower, measured both in feet AGL and in elevation ASL; b.. With the exception of ~he safety lighting required by Federal Aviation Administration (FAA) regulations, outdoor lighting shall be permitted only dudng 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. Ti~e safety lighting shall use a'type of'shielding with ten (10) degrees cut-off to prevent downward lighting, similar to that described in' the applicant's submittal, compatible with the examples of the ~Fresnel' Lens" provided in the apPlicant's submittal entitled "OverView for Zoning Considerations"; c. With the exception of a grounding rod and the safety lighting required by' the FAA, no equipment shall be permitted to extend above the 'highest portion of the tower, d. All utility buildings and equipment cabinets within .the facility shall be screened from the adjacent parcel located east of the site with a shade tolerant species of evergreen vegetation, subject to the approval of the Department of. Planning and ~ommunity Development and the Landscape Planner; e. The new groundequipment cabinets shall be painted a dark brown in color, and the new concrete pad shall be tinted earth-tone, and shall be no larger than the specifications set forth in the attached plans entitled "American Tower Limited Partnership (Charlottesville VA-10rl09 )",. dated August :23, 2001 and revised on January 25, 2002; and 3 Unless expressly required by FAA regulations, the facility color shall be approved by the. Director of Planning and Community Development. Any future FAA requirement to paint the tower shall be documented and submitted to the Zoning Administrator for inclusion with the permanent file for this request. Equipment shall be attached to the structure only as follows: ao The microwave dish currently attached at a height of one hundred ninety-eight (198) feet AGL or lower and the FM brOadcasting antenna at one hundred eighty (180) feet AGL shall be removed from the tower;, A whip antenna, not exceeding six (6) inches in diameter;, Five (5) arrays of flush-mounted panel antennas, which shall not exceed eight and one-half (8-1/2) feet each in length and twelve (12) inches in width. None of the panel antennas shall project from the reinforcing structure beyond the minimum required by the mounting equipment, and'in no case shall an antenna project more than eight and one-half (8-1/2) inches from the reinforcing structure. Notwithstanding the foregoing, the panel antennas mounted at two hundred six (206) feet AGL shall not project more than eight feet 'and one-half inches (8-1/2) from the reinforcing structure. Provided, however if the panel antennas are replaced at any time, they shall be flush-mounted as provided above; Each antenna and its associated mounting equipment shall be painted a color that matches that of the tower's reinforcing structure; No antenna shall be located above the two hundred forty-four (244) foot AGL height on the tower; and No building permit shall be issued for a Nextei Partners antenna until a written certification is obtained from the Emergency Communications Center (ECC) that it will not unreasonably interfere with the proposed ECC 800 mhz communications system. Prior to beginning the modification of the tower and its guy wires or installation of the new ground equipment cabinet pad, a tree conservation plan,, developed by a certified arbodst, specifying tree protection methods and procedures, and identifying any existing trees to be removed at this site shall be submitted to the Director of Planning and Community Development for approval. All construction or installations associated with expansion of the facility, 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, the applicant shall not remove existing trees within two hundred (200) feet of.the fenced facility site and guy wires, or the existing vehicular or utility access areas; The personal wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued; The applicant, or any subsequent owners, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each user of the facility that is a wireless telecommunications provider;, The applicant shall provide adequate area for one (1) parking space; The Engineering Department shall, grant approval of an erosion and sediment control plan prior to the issuance of a building permit;, A1 IAL;HMI"N Iff .8. No sic pes associated with construction of the facility and accessory uses.shall be Created that are steeper than 2.:1 unless retaining walls, revetments, Or other stabilization measUres acceptable to the county Engineer are employed; The appliCant shall submit a revised Set of site plans to the Department of Planning and Community Development. Prior to the issuance of a building permit for construction of the facilitY; Planning. staff shall reVieW the revised plans to ensure that ail aPpmpdate conditions of the special use permit and. all applicable provisions of Section 5.1.40b have . been addressed with the final, reVisiOns of the constmcfion Plans; and 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; The Board alSo granted a waiver of Section 4.10.3.1 of the Zoning Ordi, nance. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within twenty-four (24) months after the issuance of such permit, thesame shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. FOr further information, please call Jan Spdnkle at 296-5823. If'you should, have any questions or comments regarding the above-noted actiOn, please do not hesitate to contact me. Sincerely, David B. Benish Chief of Planning & Community Development DBB/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve .AIIshouse Matt Grimes, VDOT .Department Of BUiid~.'Code'and. z ATTACHMENT C .... ,, . . . , ....... .: ...... . . ,, :, .-~, ', ~!:~, & ','~ ;.' :.~, ...,. :. . · ',~:'"' '~ ;:'." '"'""'i' .. 77'5..','. .. :'. ,,.c,,,..:.,.~,,¥ :,~..,.:... :'~; ~. '""'~"' :'"'.: ,~' :'.' .5 ' ~' ~:'' ." . ~' ' ~': '; ., '.' ..r .: .' ::7:" ~4~'."'t~'~.~g':,~:':'~:~".a~ '.~,~' ,,,~v./~ ,..?..:,, ~ · i:' ....... '. :.--C? ,..) .5 . ; ...~ L., .. ..5. .7: ...... :,.. :. ?~... ,:.:.. :.... .... ': .= .f.':. '~' ;.'~:.5:"v'.' .' .:".."c.,..'- c,'.' :........:.....:... ?:.,=~......:::.'..;....=,..;,'...~:.,~?,:..: .:.:. ,.~,.~...:~,:=.?, =.. .~. kdd;~;;'"' ~.o'.'. ~.~_ss '":'..."::'.~...'5<.::::'. ~. :v.% ~. :.':.. ?': :' ,':~ cio' ~btm~e.' '.'~:.?,. :s&~ ~m:~:...~ ~'~'~:~'~.'.22~027::'.: :t :'".:. .... . .... ....  D~y'~ime Pl~0he (' 434' ) '977-2545 :: '," ~' ".,. '. Fax g434-980-2265 ', ." E.maiivlmg'8 '~ .~ Owner o'~ land (^s listed i~ thc County's records): Address P.O. Box 990265 Daytime Phone (617 f)595-7671 Fax # 617-585-7676 E-mail steve, king%~ll@ ..... · ..... Applir. ant(Whoisthccontactpersonrcprcscnting?Whoisrequestingthespecialuse?):z~--~iCal'~ ~t L.Por c,,/o Sf,.~Ve Kin( Address P.O. Box 990265 CityB°st°n ' State. ~ ,,. Zip. 02199 Daytime Phone ( 617 ) 595-7671 Fax ~617-585-7676 E-mail steve'kinc3w~ll@ am~ricant~, cc~ ~¢el~ Tax map and parcel TMP 78'51C Physical Address (ifa~ign~d) Locationofproperty(la.dm~k~int~aio.~h~) ..Route 250 East toward I64, Left an·SR 1777 (Hanson's Mtn. Road). Left on Lego Drive for 0.3 miles to American 5~r- Does the owner of this property own (or have any ownership interes~ in) any abutting' Pr6~rty?-~lf ~,e~'Please lis{ those OFFICI~ USE ONlY . · Fee amount $ ] ~ 0 ~ Date Paid ' ck # ~ Letter of Authorization Concurrent re~iew of Site D~velopment Plan? I~! ¥~ 121 No ~ ::...:. .. 6 ATTACHMENT C How will the proposed special use affcci the character of tlie district s~rroundi~g'the prope~t;~ 'E~ 'A~t~Cl-~ '~ . . · " ',~" . :".' ;'., '~.?~ :' '?- .... '-: .... ?.'".'.?'!"i..'" '" How is thc use in harmony with the purpose and intent of thc Zoning Ordinance? See Attac~ad How is the use in harmony with thc uses permitted by right in thc district? See Attached What additional rcnulations provided in Section 5.0 of the Zoning Ordinance applyto this use* How will this use promote the public health, safety, and ~eneral w¢ifare of'the Community?..: $~ ~t'~ln.~]. -. -. ATTACHMENT C or, ';' · : on a copy of th 6r g. .. ..... . .::. ,... ..... . ' .:.i 5.' · .,.~ , .. :'...' ........ · : · .,., ! :','" ..... ., .. ... · Own~rshi~'i~or=~ti°i(r.i If ~fi~rs~ip'~fthe'properff is i~ the name of'any typ~ of legM ".' '". entit~ ~0~g~i~' ~n~!U~h~','~'~n~i~.ii~ited to; ~e: n~e ~f a:~~'~e~hiP~' or ~s~muon~'orm the name~of a ~st[orm ~a fictitious name. a d~ument accepmblei6' · e Coun~ must be subm~tmdce~fymg that the p=non s~gmng below has the If the apPliC=t i, a =n=Ct pumhaser: a d~Ument a=ePtabletO me C~Y muSt-~ sub~tted' containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen,t 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, iff 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 appliCati°t~:ji ~isO Certify that the inft~rmation Provided is true and accurate to th6best of my knowledge. - signature - ,Daie',:..-)~:ii~i Printed Name : Daytime PhOne number of Signatory ~ - ~.~ .- .·~ % .... ATTACHMENT C American Tower, L.P.- Site 10109 (Shadwell) Application to Amend SP-2001-038 What is the comprehensive plan designation for this property? · Rural/Agricultural How will the proposed special use affect adjacent property? The proposed amendment to the existing special use permit will not adversely affect adjacent property. It will merely eliminate a condition of approval of SP-2001-038 that is void, since it attempts to regulate an issue that is preempted by federal law: How will the proposed special use affect the character of the district surrounding the property? The proposed amendment to the existing special use permit will not adversely affect the character of the district surrounding the property, in fact it will have no. impact on the character of the district surrounding the property. The proposed amendment merely eliminates a condition of approval of SP:2001-038 that is void, since it' attempts to regulate an issue that is preempted by federal law. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed amendment to the existing special use 'permit is consistent with the purpose and intent of the Zoning Ordinance because it purports to eliminate a condition of approval that beyond the scope of the Zoning Ordinance, having been preempted by federal law, federal regulations, and federal agency decisions. 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 amendment to the existing special use permit will not restrict the current uses or other by-fight uses available at this property or by-rightuses on any other property. 9 ATTACHMENT C What additional regulations provided in Section 5.0 of the Zoning Ordinance apply for this use? · Section 5. lA 2, which outlines public utility structures and uses. How will this use promote the public health, safety, and general welfare of this community? Theproposed amendment to the existing special use permit will provide increased and improved wireless telecommunications services to portion of Albemarle County served by the American Tower wireless facility known as Site 10109, and will increase overall communication services. Communications services are an important component of the provision of public health, safety and general welfare. Describe you request in detail and include all pertinent information such as numbers of persons involved, in the use, operating hours, and unique features of the use.' American Tower, L.P. ("American Tower") proposes to amend the conditions of SP-2001-038, which was previously approved for American Tower on March 20, 2002, by deleting condition 2(f). Condition 2(f) states: "No building permit shall be issued for a Nextel Partners antenna until a Written certification is obtained from the Emergency Communications Center (ECC) that it will not unreasonably interfere with the proposed ECC 800 mhz communications system." The justification for this request is that local regulation of radio frequency ("RF") interference is preempted by federal law, and is thus void. Because condition 2(f) is an attempt by Albemarle County to regulate RF interference, in violation of the FCC's authority in that area, COndition 2(f) is void, unenforceable, unlawful, and should be deleted from the conditions governing SP-2001-038. The Communications Act of 1934, as amended, provides the Federal Communications Commission (the "FCC") with exclusive jurisdiction over RF interference issues. See 47 U.S.C. t52(a), 30!, 302(a); 303(f). The legislative history of Section 302(a) states explicitly that the FCC has exclusive authority to regulate RF interference: "The Conference Substitute is further intended to clarify the reservation of exclusive jurisdiction to the Federal Communications Commission over matters involVing RFI. Such matters shall not be regulated by local or state law, nor shall radio transmitting be subject to local or state regulation as part of any effort to resolve an RF complaint." H..R. Rep. No. 765, 97th Cong., 2d Sess. 33 (1982), reprinted at 1982 U.S. Code Cong. & Ad. News 2277. ~Many state and federal courts have held that RF interference is an area of"field preemption" by federal law'. "Federal preemption may be inferred if a federal scheme of federal regulation is so pervasive that Congress must have intended to leave no room for 10 ATTACHMENT C a state to supplement it or if an Act of Congress touches a field in which the federal interest is so dominant that federal system is assumed to prohibit 'enforCement of state laws on the same issue,'" SOuthwestern Bell Wireless Inc. v. Johnson County Board of County Commissioners, 199 F.3d 1185, 1190 (10th Cir. 1999), cert denied2000 Lexis 3672, (citing Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). Specifically, in .a case with nearly identical facts to that of SP-2001-038, the United States Court of ApPeals for the Tenth Circuit held in the Southwestern Bell case that a condition of a conditiOnal use permit for the construction of a 150-foot monopole that prohibited the operation of the facility in a manner that interferes'with public safety communications was preempted by the FCC's jurisdiction to regulate RF interference issues and was thus void. 199 F.3d. at 1193. In that case, the county public safety departments (including pOlice and fire) broadcast over emergency fi'equencies assigned by and under licenses from the FCC. Id.. at 1188. The county commission approved .the conditional use permit subject, to certain'restrictions, including one entitled "Interference with Public Safety Communications," which granted'the county's zoning administrator the authority to determine when interference exists and, after proper notice and opportunity fora heating, to force the antenna site to cease operations. Id. The similarity between the condition of approval that the 10th Circuit ruled t~ ge void in Southwestern Bell and condition 2(f) of SP-2001-038 is striking. 'As such, condition 2(f) is similarly preempted by federal law, and is void and unenforceable. The Board of Supervisors should aCtto eliminate condition 2(f) from the conditiOns of approval for SP- 2001-038. In addition, the United States Court of Appeals for the Second Circuit in the case of Freeman et al v. Burlington Broadcasters, Inc, 204 F.3d 311 (2nd Cir, 2000), cert denied 2000 U.S. Lexis 65'16, similarly held that federal law has preempted the field of RF interference regulation. In Freeman, the Zoning BOard bfAdjustment in the town of Charlotte, Vermont issued a permit to build a radio communications tower on the express condition that "any interference with reception in the homes in. the area because [Burlington Broadcasters] began broadcasting will be remedied by [Burlington Broadcasters]." The Tenth Circuit's holding in this case is unambiguous: We conclude that allowing local zoning authorities to condition construction and use permits on any requirement to eliminate or remedy RF interference "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress," Fidelity Federal Savings & Loan Ass'n, 458 U.S. at 152 (quoting Hines v. Davidowitz, 312 U.S. 52,67, 85 L. Ed. 581, 61.S. Ct. 399 (1941)) in delegating regulatory power to the FCC for uniform regulation of broadcast technologies. At least one other court has agreed with this view with respect to local zoning permits. See Southwes_t.e_.m Bell 3X_(j_r. ql.ess ..l_n.c_. v._.B..p3.r_d__of .Cqu_n. tx.' .C...9m...m_issi9_ngrs, 199 F.3d 1185,1193 (1¢?h (;ir. 1999). (.)thor courls haxc reached tile same cortclusion when faced with the question Whether federal law preempts state common law nuisance actions purporting to regulate RF interference. (citing numerous state and federal cases) 11 ATTACHMENT C Numerous other federal and state courts have held that local regulation of radio frequency interference is preempted by federal law, and thus void, as stated in Southwestern Bell at 1192-1993: This analysis is consistent with decisions of virtually all courts considering RFI preemptiOn. See In re Freeman, 975 F. Supp. at 574 (finding local zoning RFI permit conditions preemPted "given the FCC's pervasive regulation in this area"); Helm v. Louisville Two-Way Radio Corp., 667 S.W,2d 691,693 (Ky. 1984).(holding that police chiefs remedy for interference with police broadcasts is with the FCC because power to "control, regulate, or prohibit radio transmissions" is preempted by Congress); see also Broyde v. Gotham Tower, Inc., 13 F.3d 994, 997 (6th Cir. 1994) (affirming dismissal of nUisance suit regarding interference with home electronic equipment because RFI fell within FCC's exclusive jurisdiction over radio transmission technical matters); Still v. Michaels, 791 F. Supp. 248, 252 (D. Ariz. 1992) (dismissing nuisance suit claiming interference from radio transmissions because "obstructions to the FCC's ability to regulate radio frequencies are preempted"); Monfort v. Larson, 257 A.D.2d 261,693 N.Y.S;2d 286, 288 (N.Y. App. Div. 1999) (holding tort claims preempted and "claims of radio frequency interference must be brought to the FCC... which has exclusive jurisdiction"); Fetterman, 689 A.2d at 294 (holding Congress preempted state common law claims inVolving RFI); Smith v. Calvary Educ. Broad. Network, 783 S.W.2d 533, 535 (Mo. Ct. App. 1990) (upholding dismissal of injunction action as preempted finding "that interference caused by radio transmission is... a technical matter and that the FCC's control thereof is exclusive"); Still v. Michaels, 166 Ariz. 403,803 P.2d 124, 125 (Ariz. Ct. App. 1990) (finding exclusive FCC regulation of RFI precludes nuisance action); Blackburn v. Doubleday Broad. Co., 353 N.W.2d 550, 556 (Minn. 1984) (affirming dismissal of nuisance suit against radio stations because Congress delegated to the FCC exclusive jurisdiction over RFI regulation and preempted the claims). But cf. Winfield Village Coop. v. Ruiz, 181 Ill. App. 3d 745, 537 N.E.2d 331,333, 130 Ill. Dec~ 264 (Ill. App. Ct. 1989) (finding no preemption of breach of contract action between landlord and tenant based on RFI claim because no state RFI regulation was involved and "dispute is private in nature"). The Southwestern Bell and Freeman cases in particular, and the other cited cases generally, would be extremely persuasive authority for any court considering this issue. Southwestern Bell would be particularly persuasive given the similarity in the facts between the condition imposed by the Johnson County Commission and condition 2(f) of SP-2001-038. Furthermore, it is important to note that in both Freeman and Southw~estern Bell, theUnited States Supreme Court deClined to grant a Writ of Certiorari, which effectively decided the matter in those Circuits, and also that the applicant is not aware of any reported cases in any circuit which reach a different 12 _.. ATTACHMENT C outcome. For all of these reasons, condition 2(f) is preempted by federal law and thus void and unenforceable, and it would be unreasonable for the Board of Supervisors not to eliminate condition 2(f) from the conditions of SP-2001-038. In addition to the persuasive authority provided by the Southwestern Bell and Freeman cases, among others, the Board of Supervis°rs can also look to FCC regulations for further evidence that the issue of RF interference has been preemPted by FCC regulations. The Supreme Court has "held repeatedly that state laws can be pre-empted by federal regulations as well as by federal statutes." Hillsborough County v. Automated Med. Lab., Inc. 471 U.S. 707,713 (1985). The FCC has iSsued regulations regarding the RF interference issue that show its broad authbrity over such RF issues and that such jurisdiction preempts attempts'by a local government to regulate that area of the law. See 47 U.S.C. Section 303(0, 47 C.F.R~ Section 0,11 l(e), 47 C.F.R. Section O:131(h), 47 C.F.R. Sections 22.353, 24.237, 27.58, 90.173(b), 90.4039e), 47 C.F.R. Section 1.80(a)(1), (b)(4). Finally, the Board of Supervisors can also look to agency administrative decisions that address the preemption of local regulation of RF interference issues. In challenges to local zoning ordinances or permit conditions that would regulate RF interference, the FCC has ruled that it has exclusive jurisdiction over RF interference. See In re Mobilecomm of New York, Inc., 2 FCC Rcd 5519 (1987), which invalidated a local zoning ordinance regulating RF interference issues, finding that "Congress undoubtedly intended federal regulation to completely occupy [the RF interference] field to the exclusion of local and state governments." See also In re 960 Radio, .Inc., FCC 85-578 at 4, 1985 WL 193883, 1985 FCC Lexis 2342 (released Nov. 4, 1985) (finding local zoning board preempted from imposing RF interference requirement on radio station in conditional uSe permit). For all of the reasons stated herein, condition 2(f), which constitutes an effort by Albemarle County to regulate the issue of RF interference, is preempted by federal law, federal regulation, and federal agency decisions, and is .thus void and unenforceable. Because condition 2(f) is void and unenforceable, the Board of Supervisors should act to eliminate condition 2(f) from the conditions of SP-2001-028. \X~REA\ 152032.2 ATTACHMENT D COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Albemarle County Board of Supervisors Greg Kamptner, Assistant County Attorney July 29, 2003 SP-03-45 American Tower This memorandum addresses the legal issues related to American Tower's request to amend its conditions of approval by deleting Condition 2(f)~ pertaining to radio frequency interference. Whether County, regulation of radio frequency interference through Condition 2(t) is preempted bY federal law. Condition 2(f) states: "No building permit shall be issued for a NeXtel Partners antenna until a written certification is obtained from the Emergency Communications Center (ECC) that it will not unreasonably interfere with the proposed ECC 800 mhz communications system." Attempts by state or local governments to regulate in the field of radio frequency interference have been found to be preempted by federal law. Freeman v. Burlington Broadcasters Inc., 204 F.3d 311 (2nd Cir. 2000); Southwestern Bell Wireless Inc. v. Johnson County Board of County Commissioners, 199 F.3d 1185 (10th Cir. 1999). In Freeman, the court struck down a permit condition requiring users of a communications tower to remedy any interference with reception, in homes in the area. In Southwestern Bell, the court voided a zoning regulation that prohibited wireless telecommunications towers and antennas from operating in a manner that interfered with public safety communications. On July 7, 2003, the Federal Communications Commission ("FCC") issued a memorandum opinion and order in an administrative proceeding pertaining to Anne Amndel County, Maryland. In the Matter of Petition of Cingular Wireless, et al., WT Docket No. 02-100. At issue was a county ordinance requiting that, prior to county issuance of a zoning certificate, owners and users of telecommunications facilities had to 'show that their facilities would not degrade or interfere with the county's public safety communications systems. The FCC found 14 ATTACHMENT D that the county ordinance regulated radio frequency interference and was preempted by federal law. Whether the applicant's voluntary acquiescence to Condition 2(t) supersedes federal preemption. The applicant's representative stated at the March 20, 2002 Board hearing, on the special use permit that her client agreed to accept Condition 2(f). After the public hearing was closed, Mr. Davis advised the Board about the preemption issue, and caUtioned that there may "be some doubt about the validity of this Condition in the future." Condition 2(f) is distinguishable from the regulations and conditions., at issue in the decisions cited above because the applicant voluntarily consented to it. However, the FCC has exclusive subject matter jurisdiction over radio frequency interference. Freeman, Southwestern Bell, Cingular (Anne Anmdel County's regulations "unlawfully infringe on [FCC] jurisdiction.") It is our opinion that the applicant's consent to Condition 2(f) could not divest the FCC of its jurisdiction. See, In re Sears Retiree Group Life Insurance Litigation, 90 F. Supp.2d 940 (N.D.Ill. 2000) (under ERISA, employer could.not waive federally preempted matter by contract). 3. Recommendation Because Condition 2(f) is preempted by federal law, the County Attorney recommends approval of the applicant's request to delete the condition. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 01-015 - MARTHA JEFFERSON HOSPITAL AT PETER JEFFERSON PLACE SP -01-056 HOSPITAL SP -01-057 PARKING STRUCTURES SUBJECT/PROPOSAL/REQUEST: ZMA -1-15: Request to rezone 106.92 acres from CO (Commercial Office) to PD-MC (Planned Development-Mixed Commercial) to allow for the Martha Jefferson Hospital and associated uses. The property, described as Tax Map 78 Pamels 20B, 20C, 20M, 31,311, 32, 71, and 71A is located in the Rivanna Magisterial District on Peter Jefferson Parkway [Route # 1118] approximately a half mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this property as Office/ Regional Service in Neighborhood Three, Pantops. SP -01-56: Request for a special use permit to allow a hospital in accordance with Section 23.2.2.1 of the Zoning Ordinance, which allows for hospitals. The property, described as Tax Map 78 Parcels 20B, 20C, 20M, 31~ 311, 32, 71, and 71A is located in the Rivanna Magisterial District on Peter Jefferson Parkway [Route # 1118] approximately a half mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this property as Office/Regiona Service in Pantops. SP -01-57: Request for a special use permit to allow a parking structure ~n accordance with Section 23.2.2.4 of the Zoning Ordinance which allows for a parking structure located partly or wholly above grade. The property, described as Tax Map 78 Parcels 20B, 20C, 20M, 31,311, 32, 71, and 71A is located in the Rivanna Magisterial District on Peter Jefferson Parkway [Route # 1118] approximately one half mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this property as Office/ Regional Service in Pantops. STAFF CONTACT(S): Ms. Gillespie, Mr. Cilimberg AGENDA DATE: ITEM NUMBERS: Planning Commission, July 8, 2003 Board of Supervisors, August 13, 2003 ACTION: Yes - Recommend approval INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: yes REVIEWED BY: BACKGROUND: The Planning Commission heard the Martha Jefferson Hospital at Peter Jeffersor applicationS on July 1, 2003. Action was deferred on these items until the July 8, Planning Commission voted 6-0 to approve the three applications. Place Rezoning and Special Use Permit 2003 meeting. At the July 8 meeting, the PROFFERS: In the July 1 staff report to the Planning Commission, several outstanding staff co the proposal were noted. In response to these concerns, the applicant provided ,~ their meeting on July 1. Staff was not able to review the proffers for form prior to ;the content of the proffers adequately addressed the outstanding traffic impacts. It was understood that staff would work with the applicant to refine the form of the proffers prior to theJr adoption by the Board of Supervisors. ~cerns related to the traffic impacts of everal draft proffers to the commission at :he meeting. However, staff noted that Since the Planning Commission meeting on July 8, staff has worked with the applicant to refine the form of the proffers. Changes to the proffers have been related to their form and not to their substance. Enclosed is the most recent version of the proffers, dated August 5, 2003. These proffers have been submitted in response to feedback from the County staff. Please note the third paragraph of the introduction to the proffer statement on page 1. This paragraph ties the proffers to the approva of the ZMA as well as the Special Use Permits for the hospital and parking structures. The Hospital is under contractual obligation to purchase the property upon approval of the ZMA. However, the viability of the project is dependent upon the requested Special Use Permits for the Hospital use and the parking structures. Therefore, the Board is being asked to discuss all three applications, as well as any possible additional conditions to the SP's, prior to acting on the ZMA request. Attached to this proffer statement, the applicant has provided a letter of consent for the conditions currently proposed by the Special Permits. Should any additional conditions be 'proposed by the Board at the August 13 public hearing, both the Martha Jefferson Hospital and the Worrell Development Company will have representatives present to amend these letters of consent. RECOMMENDATION: ZMA O1-015 The Planning Commission recommended by a vote of 6-0 approval of ZMA-01-015, Martha Jefferson Hospital at Peter Jefferson Place, to the Board of Supervisors subject to the revised proffers as recommended by staff. SP-01-56 The Planning Commission recommended by a vote of 6-0 approval of SP-01-056, Martha Jefferson Hospital at Peter Jefferson Place, to the Board of Supervisors with the following condition: The special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-15 remains in effect. SP-01-57 The Planning Commission recommended by a vote of 6-0 approval of SP-01-057, Martha Jefferson Hospital at Peter .Jefferson Place, to the Board of Supervisors with the following condition: The special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-15 remains in effect. Attachment: Amended Proffers Dated August 5, 2003, with Attachments. 8-5-03 MARTHA JEFFERSON HEALTH SERVICES AT PETER JEFFERSON PLACE ZMA 01-015 PROFFER STATEMENT The following parcels are subject to rezoning application ZMA 01-015 and thus to this proffer statement: tax map parcels 78-20M, 78-71, 78-71A and 78-31I (the "Property"). The Applicant is Martha Jefferson Health Services Corporation. The owner of tax map parcels 78-20M, 78-71 and 78-71A is Worrell Land & Development Company, L.C., it successors and assigns. The owner of tax map parcel 78-31I is MJH Foundation,' Inc., its successors and assigns. For purposes of this proffer statement, Worrell Land & Development Company, L.C., it successors and assigns and MJH Foundation, Inc., its successors and assigns are herein collectively referred to as the "Owner." The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property to Planned Development-Mixed Commercial as requested, and further acts to grant the requested special use permits for a hospital and structured parking garages, the Owner shall develop the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. Ifrezoning application ZMA 01-015 is denied, or if either special use permit 2001-056 or SP 2001-057 is denied, or if either SP 2001-056 or 2001-057 is approved without the condition providing that "the special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-15 remains in effect," or if either SP 2001-056 or SP 2001-057 is approved with conditions that are not agreed to by the Owner prior to approval of ZMA 01-015, these proffers shall immediately be null and void and of no further force and effect. Subject always to the terms of Section 8.5.5.3 of the Albemarle County Zoning Ordinance as in effect on July 1, 2003, a copy of which Section 8.5.5.3 is attached hereto as Exhibit A, and which Section 8.5.5.3 allows certain variations from approved application plans subject to the provisions thereof, and subject further to the terms and conditions of this paragraph, development of the Property shall be in general accord with the application plan shown on sheets AP-1 through AP-5, each dated August 5, 2003, of the plans entitled "Martha Jefferson Health Services at Peter Jefferson Place, Albemarle County, Virginia, Zoning Map Amendment and Special Use Permit Application Plan," which sheets are attached hereto as Exhibit B (the "Application Plan''). Unless specifically referenced in the Application Plan, or otherwise referenced in this Proffer Statement, all other plans and illustrations submitted as part of the Owner's rezoning materials shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. In addition to the provisions of Exhibit A, the Owner further reserves the right to develop the Property in phases (which may involve the reasonable use of surface parking prior to ultimate buildout of the Property as shown on the Application Plan), and to make reasonable modifications to the conceptual grading plan shown on sheet AP-3 of Exhibit B (provided that the finished grades not vary by more than ten (10) feet up or down). All buildings and structures constructed on the Property shall substantially comply with the Peter Jefferson Place Design Criteria and Guidelines dated August 5, 2003 and attached hereto as Exhibit C. In addition, the following additional design criteria shall govern the exteriors of all buildings and structures constructed on the Property following the Board of Supervisors' approval of ZMA 01-015, as determined to the reasonable satisfaction of the Director of Planning and Community Development or his/her successor: a. Neutral colors shall be utilized for external building materials so that buildings blend with the surrounding landscape, not contrast with it. b. The use of white materials will be minimized, and shall not constitute the predominate color on such building or structure. c. In addition to standard landscaping required by Section 32.7.9 of the Albemarle County Zoning Ordinance, additional landscaping shall be interspersed throughout the areas of the Property where development is permitted pursuant to the Application Plan, to help integrate the development into the surrounding landscape. d. Parking structures shall be coordinated in appearance with other buildings on the Property. o The community park shown on the Application Plan will be built prior to the issuance of a certificate of occupancy for the Inpatient Hospital (as hereinafter defined) and shall be made reasonably available for public use. In designing the community park the Owner shall consult with the Director of the Parks and Recreation Department. For purposes of this Proffer Statement, the "Inpatient Hospital" shall be defined as the earlier to be built of the diagnostic/technology building shown on sheet AP-2 of the Application Plan (or any portion thereof) and the inpatient beds building shown on sheet AP-2 of the Application Plan (or any portion thereof). The Owner will dedicate fee simple title to the County, for incorporation into the Rivanna River Greenway System, all that portion of the Property contiguous to the Rivanna River and defined in the Federal Emergency Management Agency national flood insurance maps as land within the 100- year flood plain, with the intent that the County shall construct, operate, maintain and police such land as a park, and which dedication shall be subject to existing encumbrances and easements of record. Such dedication shall be made by the earher to occur of (i) dedication by Thomas Jefferson Foundation, Inc. of the portion of land identified as tax map parcel 78-3 lA that is located within the 100-year flood plain into the Rivanna River Greenway System; (ii) final site plan approval for any development on Parcel I shown on the Application Plan (if applicable, in which case such site plan will include reasonable provisions for access to the Greenway System); or (iii) final subdivision plat approval for any development on Parcel I shown on the Application Plan (if applicable, in which case such subdivision plat will include reasonable provisions for access to the Greenway System). Notwithstanding the foregoing sentence, in the event the Owner elects in its sole discretion to make such dedication at an earlier date, it may do so. In addition, such dedication shall be subject to reservations of a right of access for ingress and egress from the Property for the benefit of the Owner, for drainage from the Owner's stormwater control facilities, of riparian rights in the Rivanna River for the benefit of the Owner, and for other purposes reasonably stipulated by the Owner. Upon the Board of Supervisors' approval of ZMA 01-015, employees and agents of the County Department of Parks and Recreation may have reasonable access to the portion of the Property to be dedicated. Upon issuance of a certificate of occupancy for the Inpatient Hospital, the Owner shall submit a traffic demand management plan to Albemarle County, incorporating elements such as ridesharing programs, mass transit incentives, pedestrian and bicycle accommodation, and similar measures, each as may be appropriate and reasonable given the then-current availability of such programs, which plan shall be subject to the reasonable approval by the Director of Planning and Community Development or his/her successor, and shall be subject to implementation by the Owner as described in such plan. Prior to issuance of a certificate of occupancy for the Inpatient Hospital, but subject always to approval by the Virginia Department of Transportation ("VDOT"), the Owner shall install (or bond for installation) a traffic signal at the intersection of State Farm Boulevard and Peter Jefferson Parkway, or pay for the full cost of the traffic signals to be installed at such intersection. The appropriate signalization of the intersection shall be approved by VDOT. Alternatively, at the request of VDOT, in lieu of installing a traffic signal at such intersection, the Owner shall construct a roundabout at such intersection, which shall be constructed to VDOT design standards pursuant to detailed plans agreed to between the Owner and YDOT, and shall be accepted by VDOT for public use or bonded for VDOT's acceptance, provided that either VDOT can provide adequate land for a roundabout, or that the Owner can acquire necessary land therefor. Notwithstanding the foregoing, the Owner's total financial responsibility for the cost of such a roundabout (including, without limitation, any cost to the Owner for the design and construction of a roundabout and for acquiring any land needed for a roundabout) shall in no event exceed the cost required to install traffic signals at the same intersection. 3 7. The Owner shall contribute to the expenses associated with improving the Interstate 64/U.S. Route 250 interchange at Exit 124 as described below: a. Within thirty (30) days following the granting of final site plan approval for the Inpatient Hospital, the Owner shall contribute to the County funds in the amount of One Hundred Forty-Six Thousand, Two Hundred Filly Dollars ($146,250.00) for the construction by VDOT or others of an additional turn lane off each of the eastbound and westbound off-ramps from Interstate 64 to U.S. Route 250 at Exit 124. Such amount shall be increased by an amount equal to the percentage increase in the Consumer Price Index for All Urban Consumers, U.S. City Average as issued by the U.S. Department of Labor, Bureau of Labor Statistics (the "CPI-U") for each year or portion thereof which elapses during the period between the date the Board of Supervisors approves ZMA 2001-015 and the date that Albemarle County grants final site plan approval for the Inpatient Hospital. In the event the actual cost of such construction is less than the amount the Owner contributes (as such amount is increased for the CPI-U as per the terms hereof), all excess funds shall be returned to the Owner within ninety (90) days following the completion of construction. b. Within thirty (30) days following the granting of final site plan approval for the Inpatient Hospital, the Owner shall contribute to the County funds in the amount of One Hundred Filly Thousand Dollars ($150,000.00) for the construction by VDOT or others of various improvements to the traffic signals at each of the eastbound and westbound off-ramps from Interstate 64 to U.S. Route 250 at Exit 124. Such amount shall be increased by an amount equal to the percentage increase in the CPI-U for each year or portion thereof which elapses during the period between the date the Board of Supervisors approves ZMA 2001-015 and the date' that Albemarle County grants final site plan approval for the Inpatient Hospital. In the event the actual cost of such construction is less than the amount the Owner contributes (as such amount is increased for the CPI-U as per the terms hereof), all excess fimds shall be returned to the Owner within ninety (90) days following the completion of construction. c. Within ninety (90) days following the approval by the Board of Supervisors of ZMA 2001-015, the Owner shall contribute to the County funds in the amount of Forty-Four Thousand Dollars ($44,000.00) for the preliminary engineering expenses of VDOT associated with the design of the additional turn lanes and traffic signal improvements at the westbound and eastbound off-ramps from Interstate 64 to U.S. Route 250 at Exit 124. d. Notwithstanding the terms of Section 7(a), (b) and (c) herein, in the event that VDOT and/or the Federal Highway Administration elect, prior to the granting of final site plan approval for the Inpatient Hospital, to make improvements to the Interstate 64/U.S. Route 250 interchange other than as described in Section 7(a), (b) and (c) herein, then, upon reasonable consultation with the Owner, the funds contributed to the County by the Owner and described in Section 7(a), (b) and (c) herein may nevertheless be used by VDOT or others for the engineering and construction of such improvements, provided that such funds are ultimately utilized for the improvement of the Interstate 64/U.S. Route 250 interchange as necessitated by the development of the Property, and are utilized for the benefit of the Property, and provided further that the Owner shall have no additional responsibility for the expenses associated with such improvements. In addition, prior to releasing any portion of the funds described in Section 7(a), (b) and (c) herein, the County Zoning Administrator shall consult with the Owner. e. If any of the funds proffered pursuant to Section 7(a) and 7(b) herein are not expended for the expenses associated with improving the Interstate 64/U.S. Route 250 interchange as necessitated by the development of the Property within seven (7) years from the date the Owner contributes such funds, all unexpended funds (including income earned thereon) shall be returned to the Owner, and the Owner proffers no further obligation for contributing to the expenses associated with such improvements. f. If any of the funds proffered pursuant to Section 7(c) herein are not expended for the expenses associated with the design of improvements to the Interstate 64/U.S. Route 250 interchange as necessitated by the development of the Property within the earlier to occur of (i) twenty (20) years from the date the Owner contributes such funds, and (ii) seven (7) years from the date the Owner contributes the funds referenced in Section 7(a) and 7(b), all unexpended funds (including income earned thereon) shall be returned to the Owner, and the Owner proffers no further obligation for contributing to the expenses associated with such improvements. Upon the issuance of a certificate of occupancy for the Inpatient Hospital (or sooner upon the mutual agreement of the Owner and the Director of Planning and Community Development or his/her successor), the Owner shall contribute to Albemarle County a one-time payment in the amount of Fifty Thousand Dollars ($50,000.00) toward the cost of establishing or enhancing transit service to the Property, the design of which shall be in general accord with the Application Plan and any modifications thereto, and shall be reasonably coordinated with the Owner. Such amount shall be increased by an amount equal to the percentage increase in the CPI-U for each year or portion thereof which elapses during the period between the date the Board of Supervisors approves ZMA 2001-015 and the date that the Owner contributes such funds to Albemarle County. Ifa system of transit service is not provided to the Inpatient Hospital within one (1) year following the issuance of a certificate of occupancy for the Inpatient Hospital, the entire amount of fimds delivered to the County pursuant to this Section 8 (including income earned thereon) shall be returned to the Owner. In the event that the system of transit service has been provided to the Inpatient Hospital within one (1) year following the issuance of a certificate of occupancy therefor, but any of the funds proffered pursuant to this Section 8 are nevertheless not actually expended for such purposes within five (5) years from the date the Owner contributes such payment, all unexpended funds (including income earned thereon) shall be returned to the Owner, and the Owner proffers no further obligation for contributing to such expenses. The Owner has entered into a memorandum of understanding with Thomas Jefferson Foundation, Inc. incorporating guidelines for development of the Property within the Monticello viewshed (as such memorandum may be amended from time to time upon mutual consent of the parties thereto) (the "MOU"). Prior to granting final site plan approval for any proposed building on the Property within the Monticello viewshed (other than site plan applications for minor amendments not material to the objectives of the MOU), and provided that the MOU remains in effect between the parties thereto, the Director of Planning and Community Development shall request confirmation from Thomas Jefferson Foundation, Inc. that the site plan application is consistent with the terms of the MOU. This proffer statement may be signed in two or more counterparts, each of which shall be deemed an original, and which together shall constitute one and the same instrument. WITNESS the following signatures: WORRELL LAND & DEVELOPMENT COMPANY, L.C. By: T. Eugene Worrell, Manager MJH FOUNDATION, INC. By: James E. Haden, President 6 Exhibit A Section 8.5.5.3 of the Zoning Ordinance in Effect on July 1, 2003 7 EXHIBIT A ~4LBEM.4RLE COUNTY CODE community development; in making this determination, the zoning administrator shall be guided by section 22.2.1 of this chapter; c. In addition to the foregoing, conformity with the application plan and the standards of development. Within each neighborhood model zoning district, the general development plan and the code of development, as determined by the director of planning and community development after consultation with the zoning administrator. (§ 8.5.6.2, 12-10-80; 9-9-92; § 8.5.5.2, Ord. 03-18(2), 3-19-03) 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. b. The applicant shall submit a written request for a variation to the director; the request shall specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation; the director may reject a request that fails to include the required information. c. The director is authorized to grant a variation upon a determination that the variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not in~rease the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. d. Any variation not expressly provided for herein may be accomplished by rezoning. (§ 8.5.6.3, 12-10-80; 9-9-92; § 8.5.5.3, Ord. 03o18(2), 3-19-03) 8.5.5.4 BUILDING PERMITS AND EROSION AND SEDIMENT CONTROL PERMITS Building permits and erosion and sediment control permits may be issued as provided herein: a. A building permit, including any special footings or foundation permits, may be issued for any work within a planned development, excluding the installation of street signs, only after 18-8-6 Zoning Supplement #26, 3-19-03 Peter Jefferson Place Design Criteria and Guidelines August 5, 2003 The master plan and design guidelines proposed for Peter Jefferson Place are constructed to support the unique cultural and natural resources attributable to this property. The plan envisions a mixture of several uses inclusive of healthcare, commercial, corporate and residential uses organized with respect to the natural features of the land. A centrally located park is the cornerstone of the development's intent of establishing a direct dialogue between the historic cultural resources Of the site and national cultural resource of Monticello to the Southwest of the property. The circular park establishes the built landscape in conjunction with the natural landscape as the primary image and organizational elements of Peter Jefferson Place. Within this context, the Master Plan and Design Guidelines propose simple architectural structures sited to simulate a campus layout where structures are placed to best emphasize circulation and open space within an overall environment which creates a high quality of people oriented spaces. Building areas are sited to create spaces and define corridors which are sensitive to the total environment and human scale. By establishing the environment of Peter Jefferson Place as the most important element, buildings will be less visible and prominent, allowing a succession of visually distinguished natural and manmade spaces to be the major theme of development. In order to ensure successful implementation of the master plan, design criteria and guidelines have been formulated. Following is an outline of these guidelines which briefly details some of the primary design concepts for development of the property. The outline corresponds to the four primary development components which include: the Foundation Campus, a Residential Neighborhood, the Healthcare Campus and Corporate and Retail Sites. In addition, criteria relating to parking, landscaping, lighting and a comprehensive sign system have been included. To ensure conformance to the design criteria and guidelines, a Design Review Committee will be established by the owner. The Design Review Committee will be charged with the review of all design elements of Peter Jefferson Place and to interpret the design intent of the master plan, covenants and guidelines documents as adopted. The Committee will have the power to approve acceptable designs or disapprove any designs which are judged inappropriate to the successful implementation of Peter Jefferson Place. q:~projects\ 1996\9606 l\adminlstration~96061 dg 08-04-03.do¢ A. Development Zones 1. Foundation Campus Parcel D The existing buildings on parcel D speak not only to the history and character of the site but create a strong dialogue between the property and Monticello. Abutting the northern edge of the circular park, The Foundation Campus further enhances open space and connectivity oppommities that are vital to the development of Peter Jefferson Place. The prominence of the Foundation Campus and its genius for the composition of the overall master plan will ensure its importance in establishing the identity of the property. Site planning will emphasize large lawns, campus-like settings, creation of courtyards and connection to the park. Architecture will reflect traditions of classical Virgima architecture with predominant building color to be white; gray pitched roofs will be defined by dormers and gables. A strong pedestrian circulation system will emphasize a hierarchy of pathways and linkages between buildings. Landscape elements will compliment architecture through the use of such elements as fencing and stone walls. Landscaping will reflect traditional Virginia plant materials, with emphasis on preservation of existing large trees. 2. Residential Neighborhood Parcel I The residential component of the development will consist of moderate density residential units located adjacent to the River corridor. The residential neighborhood will be closely integrated with the open space system proposed for the entire property. Site planning will reinforce residential scale and circulation. Architecture will incorporate traditional detailing with pitched roofs, dormers and window treatments. Building forms will be sensitive to sloped development and predominant colors will be neutral shades. Landscaping will incorporate elements that lend a human scale: use of plants with seasonal interest, special paving details, walls, and site furniture, such as benches. The design of these site features will be of a traditional style. 3. HealthCare Campus Parcels B,H The HealthCare Campus will form an integral part of Peter Jefferson Place. As such, the intent of the design guidelines and standards established for Martha Jefferson Health Services is to build upon the established park character while accommodating specific healthcare elements. Site planning will create a strong organized relationship among the healthcare uses individually as well as within the total context ora campus-like environment emphasizing creation of spaces and pedestrian circulation. Architecture will incorporate clean simple detailing with buildings utilized to form spaces for people. Because of its prominent location, there will be equal design consideration of all building facades. Buildings will be constructed of neutral earth tone colored materials with non-reflective glass. q:\projects\ 1996~9606 l'mdminist ration\96061 dg 084)4-03.doc · Landscaping will emphasize a variety of hardscape features (special paving, planters, benches, sculpture, fimfitttre, etc.) and will consist of a high level of detailing. 4. Corporate and Retail Sites Parcels E, F, N, K The Corporate and Retail Sites will define the edge of Peter Jefferson Place and will be located adjacent to highway frontages, stream valleys and wooded slopes. · Site planning will maximize benefits of views and adjacent amenities emphasizing the grouping of buildings to respect landforms. · Architecture will incorporate clean simple structures which are secondary to the total environment. · Buildings will be constructed of neutral earth tone colored materials with non-reflective glass. · Landscaping will be used to create an overall sense of quality and space. B. Treatment of Parking Parking is a necessary element of any development, but if integrated properly into a site, it can be visually un-obtrusive. Parking design will be appropriate to the user it serves and to adjacent development and will be part ora clear hierarchy of the vehicular circulation system. 1. Surface Parking · Parking will be broken into small areas relating to topography and oriented away from roadway views. · Parking areas will be sited so as not to impede or discourage pedestrian circulation between buildings. · Berms, hedges and landscaping will be used to buffer and reduce mapact of parldng from adjacent roadways and from adjacent properties. 2. Structured Parking · Permitted within the HealthCare Campus only. · The parking structures will consist of simple architectural detailing that will complement the overall architectural context of the adjacent buildings. Where topographic constraints allow, the parking structures will be partially built below the anticipated finish grading of the site. Appropriate screening will be placed along the perimeter of the parking structures to assist in mitigating the structure's presence. C. Landscaping, Lighting and Sign System A master landscaping, lighting, and sign system program will be developed, incorporating trees, shrubs, lighting and other landscape elements, existing trees, and a comprehensive sign system into an integrated whole. General landscape character and quality of public spaces is to be the key component. 1. Landscaping Landscaping along roadways and corridors will consist of allees, streetscapes and informal groupings that will best accentuate the adjacent uses and development while helping to define circulation systems as well as relate the property to the surrounding community. q:\pr oject s\ 1996~96061 ~rtraln/atratlon\96061 dg 08-1M-O3.doc · Trees and shrubs will be used to integrate individual buildings into the over-all landscape. · A plant material list will be developed compatible to the county's "Generic Landscape Plan Recommended Species List". · Each site developed will be required to submit a landscape plan which incorporates the design principles outlined in the Landscape Master Plan. 2. Lighting · Lighting fixtures will be coordinated throughout the property and be of a traditional design style. · Specific fixtare types will be selected with consideration toward control of stray light and glare. 3. Sign System · Thematic form of the sign program will reflect the traditional architectural themes and designs established for the property. Colors will be rich, yet respectful of their traditional design theme. · The sign system will incorporate a hierarchy of sign types including Entrance Identity Signs, Parcel Entrance Signs, Directional Signs, Building Identity Signs, Informational Signs, Service Signs and Pedestrian Signs. · Signs will be located only where needed with the number of signs being kept to a minimum to avoid unnecessary clutter. 62793.1 q:\proj ect s\ 1996X96061 ~tmir~t ration\96061 dg 08-04-03.doc Exhibit B Application Plan 8 Exhibit C Peter Jefferson Place Design Criteria and Guidelines \LREA\158233.10 Peter Jefferson Place Design Criteria and Guidelines August 5, 2003 The master plan and design guidelines proposed for Peter Jefferson Place are constructed to support the unique cultural and natural resources attributable to this property. The plan envisions a mixture of several uses inclusive of healthcare, commercial, corporate and residential uses organized with respect to the natural features of the land. A centrally located park is the cornerstone of the development's intent of establishing a direct dialogue between the historic cultural resources of the site and national cultural resource of Monticello to the Southwest of the property. The circular park establishes the built landscape in conjunction with the natural landscape as the primary image and organizational elements of Peter Jefferson Place. Within this context, the Master Plan and Design Guidelines propose simple architectural structures sited to simulate a campus layout where structures are placed to best emphasize circulation and open space within an overall environment which creates a high quality of people oriented spaces. Building areas are sited to create spaces and define corridors which are sensitive to the total enwronment and human scale. By establishing the environment of Peter Jefferson Place as the most important element, buildings will be less visible and prominent, allowing a succession of visually distinguished natural and manmade spaces to be the major theme of development. In order to ensure successful implementation of the master plan, design criteria and guidelines have been formulated. Following is an outline of these guidelines which briefly details some of the primary design concepts for development of the property. The outline corresponds to the four primary development components which include: the Foundation Campus, a Residential Neighborhood, the Healthcare Campus and Corporate and Retail Sites. In addition, criteria relating to patlcing, landscaping, lighting and a comprehensive sign system have been included. To ensure conformance to the design criteria and guidelines, a Design Review Committee will be established by the owner. The Design Review Committee will be charged with the review of all design elements of Peter Jefferson Place and to interpret the design intent of the master plan, covenants and guidelines documents as adopted. The Committee will have the power to approve acceptable designs or disapprove any designs which are judged inappropriate to the successful implementation of Peter Jefferson Place. q:\project s\ 1996~9606 l'~iminlstmtion\96061 dg 084}4-03.do¢ A. Development Zones 1. Foundation Campus Parcel D The existing buildings on parcel D speak not only to the history and character of the site but create a strong dialogue between the property and Monticello. Abutting the northern edge of the circular park, The Foundation Campus further enMnces open space and connectivity oppommities that are vital to the development of Peter Jefferson Place. The prominence of the Foundation Campus and its genius for the composition of the overall master plan will ensure its imp )rtance in establishing the identity of the property. · Site planning will emphasize large lawns, campus-like settings, creation of courtyards and connection to the park. · Architecture will reflect traditions of classical Virginia architecture with predominant building color to be white; gray pitched roofs will be defined by dormers and gables. · A strong pedestrian circulation system will emphasize a hierarchy of pathways and linkages between buildings. · Landscape elements will compliment architecture through the use of such elements as fencing and stone walls. · Landscaping will reflect traditional Virginia plant materials, with emphasis on preservation of existing large trees. 2. 11 sidenfial Neighborhood Parcel I residential component of the development will consist of moderate density residential units located adjacent to ~iver corridor. ' The residential neighborhood will be closely integrated with the open space system proposed ~e entire property. · Site planning will reinforce residential scale and circulation. · Architecture will incorporate traditional detailing with pitched roofs, dormers and window treatments. Building forms will be sensitive to sloped development and predominant colors will be neutral shades. · Landscaping will incorporate elements that lend a human scale: use of plants with seasonal interest, special paving details, walls, and site furniture, such as benches. The design of these site features will be ora traditional style. ~althCare Campus Parcels B,H ~IealthCare Campus will form an integral part of Peter Jefferson Place. As such, the intent of the design guidelines ,tandards established for Martha Jefferson Health Services is to build upon the established park character while mmodating specific healthcare elements. The the t for acco Site planning will create a strong organized relationship among the healthcare uses individually as well as within the total context of a campns-like environment emphasizing creation of spaces and pedestrian circulation. Architecture will incorporate clean simple detailing with buildings utilized to form spaces for people. Because of its prominent location, there will be equal design consideration of all building facades. Buildings will be constructed of neutral earth tone colored materials with non-reflective glass. q:\project s\ 1996~96061 \adnfini.matlon\96061 fig 08-04-03.doc · Landscaping will emphasize a variety ofhardscape features (special paving, planters, benches, sculpture, furniture, etc.) and will consist of a high level of detailing. 4. Corporate and Retail Sites Parcels E, F, N, K The Corporate and Retail Sites will define the edge of Peter Jefferson Place and will be located adjacent to highway frontages, stream valleys and wooded slopes. · Site planning will maximize benefits of views and adjacent amenities emphasizing the grouping ofbnildings to respect landforms. · Architecture will incorporate clean simple structures which are secondary to the total environment. · Buildings will be constructed of neutral earth tone colored materials with non-reflective glass. · Landscaping will be used to create an overall sense of quality and space. B. Treatment of Parking Parking is a necessary element of any development, but if integrated properly into a site, it can be Visually un-obtrusive. Parking design will be appropriate to the user it serves and to adjacent development and will be part of a clear hierarchy of the vehicular circulation system. 1. Surface Parking · Parking will be broken into small areas relating to topography and oriented away from roadway views. · Parking areas will be sited so as not to impede or discourage pedestrian circulation between buildings. · Berms, hedges and landscaping will be used to buffer and reduce impact of parking from adjacent roadways and from adjacent properties. 2. Structured Parking · Permitted within the HealthCare Campus only. · The parking structures will consist of simple architectural detailing that will complement the overall architectural context of the adjacent buildings. Where topographic constraints allow, the parking structures will be partially built below the anticipated £mish grading of the site. Appropriate screening will be placed along the perimeter of the parking structures to assist in mitigating the structure's presence. C. Landscaping, Lighting and Sign System A master landscaping, lighting, and sign system program will be developed, incorporating trees, shrubs, lighting and other landscape elements, existing trees, and a comprehensive sign system into an integrated whole. General landscape character and quality of public spaces is to be the key component. 1. Landscaping Landscaping along roadways and corridors will consist of allees, streetscapes and informal groupings that will best accentuate the adjacent uses and development while helping to define circulation systems as well as relate the property to the surrounding community. q:\projects\1996~9606 l\administratlonL96061 dg 08-04-03.do¢ · Trees and shrubs will be used to integrate individual buildings into the over-all landscape. · A plant material list will be developed compatible to the county's "Generic Landscape Plan Recommended Species List". · Each site developed will be required to submit a landscape plan which incorporates the design principles outlined in the Landscape Master Plan. 2. Lighting · Lighting fixtures will be coordinated throughout the property and be of a traditional design style. · Specific fixture types will be selected with consideration toward control of stray light and glare. 3. Sign System · Thematic form of the sign program will reflect the traditional architectural themes and designs established for the property. Colors will be rich, yet respectful of their traditional design theme. · The sign system will incorporate a hierarchy of sign types including Entrance Identity Signs, Parcel Entrance Signs, Directional Signs, Building Identity Signs, Informational Signs, Service Signs and Pedestrian Signs. · Signs will be located only where needed with the number of signs being kept to a minimum to avoid unnecessary clutter. \X, REA\162793.1 q:~projects\ 1996X9606 lXadmlnistr ation~96061 dg 08-04-03.doc Al)MINISTRATION 4~ t.ocust A~,.~ Martha .Jefferson osvital Fax: 4:;54-982~7824 All I~partme~s (&~4) ,~s~-~oo Ho~-pttal Aug 5 '0~3 11 ::31 P. 02 August 5, 2003 Members of thc Alberaafle County Board of Suporvisors 401 Mclmirc Road CharlottcsviUc, VA 22902 Dear Membor~ of the l~oard of Supervisors: Az the President of MIH Foundation, Inc., a Virginia corporation mud the owner of Albemarle County tax map psxcel 78-31I, which parcel is the subject of ZMA 2001-015, SP 2001-0056 ~rnd SP 2001-057, MJH Foundation, Inc. hereby cons~nta to the conditions of approval of SP 2001-056 and SP 2001-057 as stated below: SP 01-056 Martha Jefferson Hospital at Peter Jefferson Place I. Tho special use p~'mit approvals shall not expire but shall remain in effect so long a~ the approval of ZMA-01-015 remains in effect. SP 01-057 Martha Jefferson Hospital at Peter Seffel-~on Place 1. The special use permit approvals shall not expire but shall remmin in effect so long as the approval of ZMA-01-015 remains in effect. Jnmes E. Haden, President, MJH Foundation, Inc. \',~.F.A\162839.1 WORRELL LAND AND DEVELOPMENT COMPANY, L.C. POST t~FFIt:F BOX -5386 CI IARLOTTFSVII.I.E. VIIUGINIA 22t)05 TEI. EPHONE S04 977 680~ FACSIMII. E SO4 ~)77 a~78 August 5, 2003 Members of the Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 Dear Members of the Board of Supervisors: As the Manager of Worrell Land & Development Company, L.C., the owner of Albemarle County tax map parcels 78-20M, 78-71, and 78-71A, which parcels are the subject of ZMA 2001-015, SP 2001-0056 and SP 2001-057, Worrell Land & Development Company, L.C. hereby consents to the conditions of approval of SP 2001-056 and SP 2001-057 as'stated below: SP 01-056 Martha Jefferson Hospital at Peter Jefferson Place 1. The special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-015 remains in effect. SP 01-057 Martha Jefferson Hospital at Peter Jefferson Place 1. The special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-015 remains in effect. Sincerely, T. Eugene Worrell Manager Worrell Land & Development Company, L.C. \",REA\I62837.1 SPECIFIC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, T. Eugene Worrell, of Charlottesville, Virginia, as Manager of Worrell Land & Development Company, L.C., a Virginia limited liability company, have made, constituted and appointed and by these presents do make, constitute and appoint, ANDREW J. DRACOPOLI, of Albemarle County, Virginia, my true and lawful attorney for me in my name, place and stead: To modify and amend in his discretion, a letter from me to the Albemarle County Board of Supervisors dated August 5, 2003, pertaining to the consent of Worrell Land & Development Company, L.C. to conditions of approval of special use permit applications referenced as SP 2001-056 and SP 2001- 057, and/or to take other actions reasonably related thereto as may be required to obtain the Albemarle County Board of Supervisors' approval of ZMA 2001-015, SP 2001-056 and SP 2001-057. I hereby RATIFY and CONFIRM all lawful acts done by my said Attorney by virtue hereof. This power of attorney shall not terminate on a disability of the principal. WITNESS the following signature and seal this day of August, 2003: .(SEAL) T. Eugene Worrell, Manager, Worreil Land & Development Company, L.C. COMMONWEALTH OF VIRGINIA CITY/COUNTY , to wit: The foregoing instrument was acknowledged before me this . day of 2003, by T. Eugene Worrell, as Manager of Worrell Land & Development Company, LC. My Commission expires: Notary Public COUNTY OF ALBEMARLE Departmerlt of Planning & Community Development 401 Mctntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296: 5823 Fax (434) 972 - 4012 July 14, 2003 Michael Matthews Matthews Development One Boar's Head Pointe Charlottesville, VA 22903 RE: ZMA-01-15 Martha Jefferson Hospital at Peter Jefferson Place SP-01-56 Martha Jefferson Hospital at Peter Jefferson Place SP~01-57 Martha Jefferson Hospital at Peter Jefferson Place Dear Mr. Matthews: The Albemarle County Planning Commission, at its meeting on July 8, 2003, by a vote of 6:0, recommended approval of the above-noted petitions to the Board of Supervisors. Please note that this approval is subject to the following conditions: · ZMA-01-15 Martha Jefferson Hospital at Peter Jefferson Place - The Commission recommended approval subject to the revised proffers as recommended by staff. Greg Kamptner, Assistant County Attorney, will finalize the langu.age of the proffers prior to the Board of Supervisors meeting. · SP-01-56 Martha Jefferson Hospital at Peter Jefferson Place - The Commission recommended approval subject to the following condition: 1. The special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01~15 remains in effect. · SP-01-57 Martha Jefferson Hospital at Peter Jefferson Place - The Commission recommended approval subject to the following condition: 1. The special use permit approvals shall not expire but shall remain in effect so long as the approval of ZMA-01-15 remains in effect. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 13,' 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, Tarpley Gilles~e Planner Cc: -~. EltaOarey Jack Kelsey Worrelt Land & Development Company, LC Amelia McCulley Steve AIIshouse Greg Kamptner STAFF PERSON: PLANNING COMMISSION DATE: BOARD OF SUPERVISORS DATE: TARPLEY V. GILLESPIE July 1, zoo August 13, 2003 ZMA 01-015 -MARTHA JEFFERSON HOSPITAL AT PETER JEFFERSON PLACE SP 01-056 - HOSPITAL SP -1-057 - PARKING STRUCTURE Applicant's Proposal: The applicant, Martha Jefferson Health Service Corporation (MJH) 'has proposed to rezone a 107 acre portion of Peter Jefferson Place (PJP) that is currently zoned CO (Commercial Office) with a proffered plan to PD-MC (Planned Development- Mixed Commercial). The project is located in PJP on Route 250 East (See Vicinity Map- Attachment D) and comprises Tax Map 78 Parcels 20B, 20C, 20M, BI, 31I, 32, 71, and 7lA. With this rezoning, the applicant is requesting approval for a healthcare campus and associated useS. The campus would contain a general hospital, specialty clinics, offices, supporting retail uses, parking decks and an Outpatient Care Center (already constructed as a by-right use). The remaining area under consideration is proposed for additional office space, support commercial, residential uses, infrastructure and open space (Attachment A). The applicant has submitted some draft proffers (Attachment B). It should be noted that, due to their recent receipt, these proffers have not yet been reviewed or approved by the County Attorney's Office for form. Finally MJH submitted two special use permits; one for a hospital (SP-01,56), the other for parking garages (SP 01-570). At present, MJH is near completiOn of the Outpatient Care Center. :This facility is in the front portion of PJP and is not included within the area under consideration. For the remainder of the medical campus, MJH anticipates a 50-100 year build out scenario with construction to begin in approximately 10 years. An application Plan has been submitted to accompany this rezoning. (Attachment A) Petition: ZMA-1-15: Request to rezone 106.92 acres from CO (Commercial Office) to PD-MC (Planned Development-Mixed Commercial) to allow for the Martha Jefferson Hospital and associated uses. The property, described as Tax Map 78 Parcels 20B, 20C, 20M, 31, 31I, 32, !71, and 7lA is located in the Rivanna Magisterial District on Peter Jefferson Parkway [Route # 1118] approximately a half mile mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this property as Office/Regional Service in Neighborhood Three, Pantops. SP -01-56: Request for a special use permit to allow a. hospital in accordance with Section 23.2.2.1 of the Zoning Ordinance, which allows for hospitals. The property, described as Tax Map 78 Parcels 20B, 20C, 20M, 31,311, 32, 71, and 7lA is located in the Rivarma Magisterial District on Peter Jefferson Parkway [Route # 1118] approximately a half mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this property as Office/Regional Service in Pantops. SP -01-57: RequeSt for a special use permit to allow a parking structure in accOrdance with Section 23.2.2.4 of the Zoning Ordinance which allows for a parking structure located partly or wholly above grade. The property, described as Tax Map 78 Parcels 20B, 20C, 20M, 31, 31I, 32, 71, and 7lA is located in the Rivanna Magisterial District on Peter Jefferson Parkway [Route # 1118] approximately one half mile from the intersection of Route 250 West and Peter JeffersOn Parkway. The Comprehensive Plan designates this property as Office/Regional Service in Pantops. Atmlieation Plan The layout of the development and specifics of the proposal are shown in Attachment A, the Application Plan. The approval requested would allow for the following: A six acre community park; 380;000 square feet of hospital specialty clinics and office space; 370,000 square feet of hospital diagnostics and technology space; 400,000 square feet of hospital inpatient beds; a 40,000 square foot office/community building; three parking structures. A 20,000 square foot Physical Plant will be located within one of the parking structures. Sheet 6 of he Application plan includes a plan for pedestrian connections and mass transit. There will be sidewalks or walking paths throughout the site as well as transit kiosks located at.strategic locations. The Application Plan includes a six-acre community park, which will serve as the focal point and central amenity of the site..The community park will include amenities such as paths, benches, shade trees and open space, It should be noted on the 'applicant's proposed Land Use Chart on Sheet 4 of Attachment A, Parcel E is described as containing Commercial, Office, Restaurant/Bank and Hotel Uses. This is a misprint and it shouldbe revised to read 100,000 square feet of retail. The 100,000 square feet of retail is what the existing approved PJP plan calls for on this parcel. The applicants are not requesting, any change to this parcel. The Land Use Table will be corrected before the application plan is presented to the Board of Supervisors for adoption. It should also be noted that the applicant intended to show a sidewalk along the east side of State Farm Boulevard on the Application Plan. This feature will be included on the Application plan prior to its adoption by the Boai:d of Supe. rvisors. Proffers The applicant has submitted a draft set of proffers, which are Attachment B. It should be notedthat, due to their_recent receipt, these proffers have not yet been reviewed or approved by the County Attomey!s office for form. In addition to the proffers submitted, the applicant has also discussed with staff'their intention.to provide a cash proffer to address their traffic impacts at the Interstate 64/Route 250 interchange.' A dollar figure is still being negotiated. Character of the Area: To the south and southeast, the area under consideration is bounded by Interstate 64. The Rural Areas and Monticello lie beyond the interstate. The remainder of PJP and Route 250 are located to the east and northeast. Both Route 250 and Interstate 64 are included in the Entrance Corridor Overlay District. To the northwest and weSt, the site is bounded by State Farm Boulevard. Just on the northwest side of state Farm Boulevard is the new Rivanna Ridge Shopping Center, which includes' the Giant Grocery Store. South Pantops Boulevard leads away from the project to the Pantops Shopping Center approximately one half mile away. There are several undeveloped parcels on the opposite side of State Farm Boulevard. Finally, the State Farm building and the Rivanna River form the southwestern and southern boundaries. Currently, this portion of PJP is a series of undeveloped, rolling fields and woods. It is dominated by a knoll in the center of the proposed development area. The knoll is the high point of the site at an elevation of 546. To the west, the hill drops quickly into a deep swale and an intermittent stream. The swale starts near Willis Drive at an elevation of roughly 490 feet and runs down to the Rivanna River at an elevation of 300 feet. Another steep hilt drops offthe eastern side of the knoll. This wooded valley is identified in the County's Open Space Plan as a significant wooded feature with large, contiguous critical slopes. RECOMMENDATION: Staffrec6mmends approval if the traffic impacts can be mitigated through necessary improvements, including the provision of transit. Planning and Zoning History: An approved zoning map application in 1978 rezoned the back half (108.5 acres) of the current PJP to CO (Commercial Office). A separate rezoning in 1980 converted the front half of the park (133 acres) to PD-MC 0~lanned Development- 'Mixed Commercial) respectively. The boundaries set by these two rezonings are still in place today. ZMA 92-12 and SP 92-66- The Board of Supervisors approved a rezoning that covered the entire PIP and p.ermitted 977,000 square feet of office, 145,000 square feet of retail, and 296 homes with a proffered plan of development. The rezoning did not affect the underlying CO and PD-MC district boundaries. The special use permit allowed the residential and supporting commercial uses in the CO district. ZMA 96-03 The Board of Supervisors approved a rezoning for the entire PIP, which retained roughly the same amount and distribution of office and retail square footage (977,000 square feet of office and 145,000 square feet of retail). However, the 1996 proffered plan proposed a 200- room hotel and conference center and reduced the number of proposed residential units from 296 to 250. Finally, the 1996 plan provided a new proffered plan of development. This plan served as the basis for the original 2001 submittal by this applicant. Background: The Martha Jefferson Health Services Corporation has proposed a hospital and associated medical offices as part of a medical campus at Peter Jefferson Place. The proposal was initially.submitted in 2001, staff analyzed the proposal and a worksession with the applicant and Planning Commission was held on March 26, 2002. Staff and the Commission identified several issues and concerns during the initial review. The March 26 Staff Report is Attachment E. Major staff comments included the visual impacts of the proposal and concerns about respecting the terrain of the site. The Planning Commission also expressed concern about the visual impacts and the protection of open space. In response to the comments, the applicants redesigned the site. A worksession was held with th~ Planning Commission on May 13, 2003. At this worksession, the Planning Commission ' was asked to provide guidance, on several key issues related to the proposal. The attached May 13, 2003 staff report outlines the issues raised. Overall, the Planning Commission responded favorably to the direction of the proposal. By-Right Use of the Pronerty_: The entire property under consideration was a part of the 1996 rezoning and is covered by a proffered plan of development. The plan allows for 1,003,007 square feet of office, a 200-room hotel, 145,000 square feet of retail, and 296 - residential Units. With approval of this request, the total approved square footage for the entire PJP site would include 1,170,000 square feet of HealthCare Campus, 104,500 square feet of foundation campus, 100,000 square feet of retail, 480,000 square feet of office, 130,000 square feet of healthcare uses, and 250 residential units. Comprehensive Plan and Neiehborhood Model Analysis: The Comprehensive Plan's Land Use Map for Neighborhood Three-Pantops- designates the Peter Jefferson Place Office Park properties as Office/Regional Service. The office park meets the basic requirements of this designation. The office is a large, mixed use development that serves as a large-scale employment center. It iS als0 over 200 acres with major collector and arterial road accessibility. Finally, it is being developed under a consolidated application plan. For these reasons and for the reason that a medical center'appears to be compatible with the surrounding land uses, staffis satisfied that the proposal is consistent with the Comprehensive Plan's Land Use designation. Staff generally believes that this location is suitable for the density and intensity of the use proposed by MJH. The narrative section of the Comprehensive Plan makes several general and specific comments that are relevant to the proposal's design and potential visual impacts. The Comprehensive Plan also references the Neighborhood Three Study as a guide for the development within the Pantops Neighborhood. The General Land Use standards of the Comprehensive Plan state that development should be concentrated and clustered to the maximum extent possible to protect environmental features, scenic vistas, and historic sites, to provide open space, to minimize traffic hazards, conflicts with other land uses and adverse visual aspects associated with the linear, strip development. Staff expressed concern that the original 2001 proposal may not meet the standards for scenic vista protection; The current proposal has greatly reduced visual impacts and, in staff's assessment, meets these requirements. The ways in which the proposed project meets the twelve principles for development in accordance with the Neighborhood Model are provided beloW: Pedestrian Sidewalks or pedestrian paths are shown along all major roadways Orientation~ ~' throughout the site including Peter Jefferson Parkway and the internal loop road through the park. Pedestrian connections to the . Rivanna Greenbelt are also proposed. It is the applicant's intention to construct a sidewalk along the east side of State Farm · Boulevard. This item was mistakenly omitted from the Application Plan: It is the applicant's intention to include this item ' ' on the Application Plan before it is adopted by the Board of ~ Supervisors. ' Neighborhood I Landscaping is proposed along Peter Jefferson Parkway. Although Friendly Streets and ' the applicants "have chosen not to orient buildings along State Farm Paths Boulevard, they have included a low stone wall along that street, which will help to urbanize that section. · - i InterConnected Streets The construction of Peter Jefferson Parkway will provide an and Transportation interconnecfion between State Farm Boulevard and the remainder 4 Networks of PJP. The~e ca~pa§ Mil'have ~Ulfiisle access points from Route- 250 and State Farm Boulevard. Parks and Open The 1996 PJP Application Plan proffered roughly 30% of Peter Space Jefferson Place as open space. This rezoning application meets this requirement and will provide 34% open space. The circular community park will provide a central amenity to the hospital campus and will also provide visual relief as the campus is viewed from the west. The park will include amenities such as benches, walking paths, shade trees, and open space. The hospital intends .. to proVide a proffer to accommodate the Rivanna greenbelt. Neighborhood The cimular community park has been designed and sited to Centers function as a center for the site and the larger PJP park. The community park has been sited to relate.to the nearby Aboriginal Museum. Buildings and Spaces The hospital core has been designed and sited to break up the mass of Human Scale ' of the building as it is Viewed from the west and south. Staff believes that the building design and massing is a marked - improvement over the original design. ' Relegated Parking Three parking garages are proposed, which will provide the majority of the parking for this complex. Loading and service parking will be located within the southeastern structure, completely hiding it from view. On street parking surrounding the circular park will also be provided. Mixture of Uses The 1993 Application Plan called for 296 housing units, primarily. Mixture of Housing on the back portion of the PJP site. The 1996 plan reduced the Types and number to 250 units and restricted them to Parcel I (Attachment A- Affordability Application Plan). The applicants are not proposing any change to this portion of the site and will retain this area for future residential development. Redevelopment The site is currently undeveloped and this principle does not apply. Site Planning that The buildings have been sited to utilize the existing grades to the Respects Terrain extent possibly while still maintaining cohesive interior circulation. However, the propo.sal will include substantial grading and fill activity. Based on Planning Commission direction from the May 13, 2003 worksession, staff is willing to support the grading and fill activity, given that the finished grades will be appropriate to the surroundings. Clear Boundaries with Peter Jefferson Place borders Interstate 64, which is the boundary the Rural Areas of the Development Area2 The interstate forms a distinct edge between the rural area and the Development Area. The proposal includes an open s~ace buffer along the interstate. This buffer is vegetated and will contain a connection to the Rivanna Greenbelt. Therefore, staff believes that there will be no negative effect on the rural area boundary. STAFF COMMENT Public need and justification for the change As the Charlottesville Albemarle area continues to grow, it is logical that the community's needs for health services will also grow. The hospital also asserts that a new larger campus is necessary in order for the hospital to adapt to the rapidly changing technology, regulatory, financial and social demands that are unique to hospitals~ Anticipated Impact on Natural~ Cultural, and Historic Resources There are no critical slopes waivers are requested at this time. Critical slopes waivers will be required in conjunction with site plan approval. The project will include major grading and impacts to the slopes. Staff supports the grading because thc finished plan will be appropriate to this site and will minimize the visual impact of the campus. Thc fmal grading should seek to reconstruct thc slopes to 3:1 or 4:1 with minimal use of small retaining walls. Relationship between the application and the purposes and intent of the proposed zoning district According to the Zoning Ordinance, the PD-MC Planned Development Mixed Commercial zoning district is intended to permit development of large-scale commercial areas with a broad range of commercial sues under a unified planned approach. It is intended that PD- MC districts be established on major highways in the urban area and in communities in the comprehensive plan. Such developments are intended to limit multiple access points to existing roads and instead to have access oriented towards an internal road system. The existing CO Commercial Office zoning district is intended to permit the development of administrative, business and professional offices and supporting accessory uses and facilities. This district is intended as a transition between residential districts and other more intensive commercial and industrial districts. Staff believes that the PD-MC district, with proffers, can provide appropriate density and intensity for this site, if the form and character of the development, as shown on the application plan, is supportive of the use. Anticipated impact on public facilities and services Transportation-The proposed hospital is expected to generate approximately 26,000 vehicle trips per day. This figure includes an 8% reduction in vehicle trips as a result ora transportation demand management plan (TDM). The hospital has indicated a willingness to proffer implementation of the TDM. County staff has worked with VDOT and determined that the area of greatest impact will be 1-64/Route 250 interstate interchanges. The applicant has proffered improvements to these interchanges. Staff has discussed with the applicant the need to make improvements to the Interstate 64/Route 250 interchanges in order to mitigate the impacts of this development. At this time, the applicants have not made a conunitment to ensure that such improvements will take place. Staff is very concerned about the traffic impacts of this proposal on the interchanges. The safety concerns of cars queuing to exit the interstate are even more significant than the traffic delays that are anticipated at the exit ramps from 1-64. The applicant should make a commitment to mitigate their traffic impacts at the interstate · interchange through proffers. The site is not currently served by transit nor is there a commitment to fund transit to this site. Staff believes that a hospital use necessitates transit. Further, transit is a vital element of a successful TDM. Staff believes that the traffic impacts of this site need to be mitigated through the provision of transit. The applicant has declined to commit to funding transit to the campus because they believe that the provision of transit is more appropriately the responsibility of government than of a non-profit hospital. Staff understands this perspective but also believes that this specific use necessitates transit to this site. Therefore, staff believes that the applicant should commit to the provision of transit to their facility. Water and Sewer-Water and sewer are available to serve the site. The Rivanna Water and Sewer Authority has determined that adequate capacity exists to serve this proposed development. Stormwater Management-A stormwater master plan has been approved by the County and necessary permits from the Army Corps of Engineers have also been approved. Schools- The proposal does not include a residential component. There will be no impact on schools. Fiscal Impact Analysis- A fiscal impact analysis is provided as Attachment H. SUMMARY Staff has identified the following factors that are favorable to this request: 1. The new health care campus will allow Martha Jefferson Health Services to provide health care to the areas growing population, while also responding to the changing conditions of the health care industry. 2. The proposal has been redesigned to mitigate the visual impacts and respond to previous staff and Planning Commission concerns. 3. The proposal will provide interconnections between State Farm Boulevard, Route 250 and Peter Jefferson Place. 4. The plan provides 82 acres of open space, including a community park and access to the Rivanna greenbelt. 5. The campus will be supported by a pedestrian network. Staff has identified the following factors that are unfavorable to this request: 1. The applicant has not committed to the full implementation of the Transportation Demand Management Plan through any provision of transit to this site. 2. The applicant has not committed to the measures necessary to mitigate the traffic at the 1-64 Route 250 Interstate Interchange. RECOMMENDED ACTION If all of the associated impacts previously identified can be mitigated, staff can recommend approval if the outstanding traffic impacts can be mitigated through improvements to the 1-64 Route 250 Interstate Interchange and through the provision of transit. 7 Attachments A. Application Plan, May 30, 2003 B. Proffers, 6-18,2003 C. Tax Map D. Vicinity Map E. March 26, 2001 Staff Report F. May 13, 2003 Staff Report G. Applicant's Attachment "Resubmission of Zoning Map Amendment and Special Use Permit" March 31, 2003 H. Fiscal Impact Analysis 8 ATTACHMENT B 6-18-03 MARTHA JEFFERSON HEALTH SERVICES AT PETER JEFFERSON PLACE ZMA 01-015 SP 01-056 SP 01-057 PROFFER STATEMENT With respect to rezoning application ZMA 01-015 and special use permit applications SP 01-056 and SP 01-057, the following parcels are subject to such applications and thus to this proffer statement: tax map parcels 78-20M, 78-71, 78-71A and 78-311 (the "Property"). The applicant is Martha Jefferson Health Services Corporation, its successors and assigns (the "Applicant"). The Applicant hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property to Planned Development-Mixed Commercial as requested, the Applicant shall develop the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950, aS amended, and pursuant to Section 33.3 ~fthe Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the Applicant acknowledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. If rezoning application ZMA 01,015 is denied, these proffers shall immediately be null and void and of further force and effect. All buildings and structures the Applicant constructs on the Property shall comply with the Peter Jefferson Place Design Criteria and Guidelines. In addition, the following additional design criteria shall govern such buildings and structures on the Property: a. Natural / neutral colors shall be utilized for building materials so that buildings blend with the surrounding landscape, not contrast with it. b. The use of white materials will be minimized.- c. In addition to standard landscaping required by Section 32.7.9 of the Albemarle County Zoning Ordinance, additional landscaping shall be interspersed throughout the development to help integrate the development into the surrounding landscape. d. Parking structures shall be coordinated in appearance with other buildings on the Property. 2. The circular community park will be developed concurrently with the development of the inpatient hospital and will be open for public usei 3. The Applicant and the owner intend to enter into negotiations with the County of Albemarle with the intent of dedicating the land along the Rivanna River q ATTACHMENT B defined in the FEMA national flood insurance maps as'land within the 100 year flood plain to the County of Albemarle for incorporation into the Rivanna Greenbelt Trail, subject to existing encumbrances and also those encumbrances being negotiated with others such as the Army Corps of Engineers as part of the campus development approval process. The applicant will cooperate with the County of Albemarle and its designated authorities to implement traffic demand management plans such as ridesharing programs, mass transit incentives, pedestrian and bicycle accommodation, and similar measures upon completion of the inpatient hospital. The Applicant will construct a traffic signal at the intersection of State Farm Boulevard and Peter Jefferson Parkway if and when warranted by development of the Property, or will make a contribution towards a roundabout, which contribution shall not exceed the cost of a traffic signal. Variations fi:om the approved application plan shall be permitted in accord with Section 8.5.5.3 of the Albemarle County Zoning Ordinance, as in effect on July 1, 2003, a copy of which Section 8.5.5.3 is attached hereto. This proffer statement may be signed in two or more counterparts, each of which shall be deemed an original, and together which shall constitute one and the satne instrument. Signatures via facsimile shall be deemed original signatures. WITNESS the following signatures: Applicant: MARTHA JEFFERSON HEALTH SERVICES CORPORATION By: James E. Haden, President/CEO Owner: WORRELL LAND & DEVELOPMENT COMPANY, L.C. \~'~EA\158233.1 By: T. Eugene Worrell, Manager It> ~ AHACHMENT C !1 ATTACHMENT D~-" ATTACHMENT E STAFF PERSON: COMMISSION WORKSESSION DATE: MICHAEL BARNES MARCH 26, 2002 ZMA 01-015- MARTHA JEFFERSON HOSPITAL AT PETER JEFFERSON PLACE SP 01-056 - HOSPITAL SP 01-057 -PARKING STRUCTURE Purpose of Worksessio..n. The Martha Jefferson Health Service Corporation has proposed a hospital and associated medical offices as part ora medical campus at Peter Jefferson Place. During this worksession, the Planning Commission is asked to provide guidance to the staff and the applicant on key points raised by this staffreport. As described below, the Martha Jefferson Health Service Corporation has stated that their project operates under unique circumstances and thus they are requesting relief from many of the details that ~taff feels are necessary to evaluate a project of this magnitude. Therefore, the Commission is also asked to define the level of detail/commitment that the applicant needs to provide with these rezoning and special use permit applications considering the unique circumstances. Staff remains concerned the applicant has not demonstrated the following: 1. Mitigation of visual impacts related to the mass, orientation, location and design of the proposed hospital and parking structure(s); 2. The plan for the medical campus respects the terrain; 3. The plan for the medical campus protects resources identified in the County's Open Space Plan; 4. The design for the central green space; and, 5. The relationship of supporting commercial uses to the hospital uses. ~ Please note that throughout this report, staff will bold face points where the staff is seeking clarification or direction from the Commission. Applicant's Proposal The project is located[ in the Peter Jefferson Place Office Park (PJP) on Route 250 east (See Vicinity Map - Attachment A) and comprises Tax Map 78 Parcels 20M and 71A (Attachment B). The applicant, Martha Jefferson Health Service Corporation (MJH), has proposed to rezone the 107 acre portion of PJP that is currently zoned CO (Co .m_.mercial Office) with a proffered plan to PD-MC (Planned DeVelopment- Mixed Commercial) with a proffered plan. The rezoning submitted would allow for a 28-acre medical campus on Parcels O, B and H (Attachment C). The campus would contain a general hospital, specialty clinics, an Outpatient Care Center, offices, supporting retail uses, and parking decks. The remaining area under consideration is proposed 'for additional office space, support commercial, residential uses, infrastructure and open space on Parcels K, I and J (Attachment C). The applicant has not submitted any proffers so far. Finally, MJH submitted two special use permits: one for a hospital (SP 01-56), the other 'ATTACHMENT E for parking garages (SP 01-57). The hospital is proposed for Parcel B. The parking garages would be located within Parcels B and H (Attachment E). At present, M~-I has specific plans for the Outpatient Care Center only (Attachment E). This facility is in the front portion of PJP and is not included within the area under consideration. For the remainder ofthe medical campus, MJH is unclear as to the time frame for development or how they intend to situate the envisioned uses on the site. M.rH has two major reasons for the ambiguity. First, it may phase the construction ofthe specialty clinics first and then build the new hospital or it may construct the entire campus at once depending on space considerations at its existing facility and the business climate. Thus, the precise location of the buildings may change with respect to the order in which they are built. Secondly, the hospital staff asserts that the technological, regulatory, financial and social demands on today's hospitals change rapidly and often. For that reason, it is dit~cult to plan for the uses that a hospital will be required to have in five to ten years based on today's conditions. Thus, they do not know how the building will have to be designed or arranged on the site. For these reasons, MJH has declined to provide much of the information normally included as part of a rezoning application review. Petition for ZMA & SP (Tax Map- Attachment B) ZMA 01-15 Request to rezone 106.92 acres from CO (Commercial O~c¢) to PD-MC (Ptanned Dev¢lopment-MLxed Commercial) to allow for the Martha Jefferson Hospital and associated uses.. The property, described as Tax Map 78 Parcels 20B, 20C, 20M, 31, 32, 71, and 71A is located in the Rivanna Magisterial District on Peter Jefferson Parkway ['Route # 1118] approximately a half mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this proper~y as Office/Regional Service in Pantops. SP 01-56 Request for a special use permit'to allow a hospital in accordance with Section 23.2.2.1 of the Zoning Ordinance which allows for hospitals. The property, described as Tax Map 78 Parcels 20M, 71, and 71A is located in the Rivanna Magisterial District on Peter Jefferson Parkway [Route # 11181 approximately a half mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this property as Office/Regional Service in Pantops. SP 01=57 Request for a special use permit to allow a parking structure in accordance with Section 23.2.2.4 of the Zoning Ordinance which allows for a parking structure located partly or wholly above grade. The property, described as Tax Map 78 P~rcels 20M, 71, and 7lA is located in the Rivanna Magisterial District on Peter Jefferson Parkway [Route # 1118] approximately a half mile from the intersection of Route 250 West and Peter Jefferson Parkway. The Comprehensive Plan designates this property as Office/Regional Sca-vice in Pantops. Zoning and Subdivision History An approved zoning map application in 1978 rezoned the back half (I08.5 acres) of the cun'ent PJP to CO (Commercial Office). A separate rezoning in1980 converted the front half of the park (133 acres) to PD-MC [Planned Development-Mixed Commercial) respectively. The boundaries set by these two rezonings are still in place today. ZMA 92-12 & SP 92-66 - The Board of Supervisors approved a rezoning that covered the entire PYP and permitted 977,000 square feet of office, 145,000 square feet of retail, and 296 homes with a proffered plan of development. The rezoning did not affect the underlying CO and PI)- ATTACHMENT E MC district boundaries. The special use permit allowed the residential and supporting commercial uses in the CO district. The residential uses were shown on the slope where the hospital is now planned on the current application plan (Attachment F). ZMA 96-03 - The Board of Supervisors approved a rezoning for the entire PJP which retained roughly the same mount and distribution of office and retail square footage (977,000 square feet of office and I45,000 square feet of retail). However, the 1996 plan proposed a 200-room hotel and conference center and reduced the number of proposed residential units from 296 to 250 (Attachment G). Finally, the 1996 plan provided a new proffered plan of development (Attachment F). This proffered plan serves as the underlying basis for the proposed form of the medical campus. Character of the Area and Existin~l Land Use To the south and southeast, the area under consideration is bounded by Interstate 64. The Rural Areas and Monticello lie beyond the interstate. The remainder of PJP and Route 250 are located to the east and northeast. Both Route 250 and Interstate 64 are included in the Entrance Overlay District. To the northwest and west, the site is bounded by State Farm Boulevard. South Pantops Boulevard leads away from the project to the Pantops Shopping Center just over a half mile away. There are several undeveloped parcels on 'the other side of State Farm Boulevard. Finally, the State Farm'building and the Rivanna River form the southwestern and southern boundaries (Attachment A). Currently, this portion of PJP is a series of undeveloped, rolling fields and woods (Attachment H). It is dominated by a knoll in the center of the proposed development area. This knoll is the site's highest elevation at 546 feet and it has commanding views of the Blue Ridge Mountains and Charlottesville. To the west of the knoll, the hill drops quickly into a deep swale and an intermittent stream. The swale starts near Willis Drive at an elevation of roughly 490 feet and runs down to the Rivarma River at an elevation of 300 feet. Another steep hill drops offthe eastern side of the knoll. This wooded valley is identified the in County's Open Space Plan as a significant wooded feature with large, contiguous critical slopes. By-ri~lht Use of the Property The entire property under consideration was a part of the 1996 rezoning and thus is covered by the 1996 proffered plan of development. Any proposed changes to that plan, which are not in general accord with the Application Plan or the land uses establish on this plan (Attachment F), require a rezoning amendment. Comprehensive Plan Analysis: The Comprehensive Plan's Land Use Map'for Neighborhood Three (Pantops) designates the Peter Jefferson Place Office Park properties as Office/Regional Service. The office park meets the basic requirements of this designation. The office park is a large, mixed-use development' that serves as a large-scale employment center. It is also over 200 acres with major collector and arterial road accessibility. Finally, it is being developed under a consolidated application plan. For these reasons and for the reason that a medical center appears to be compatible with the surrounding land uses, staff is satisfied that the proposal is consistent with.the Comprehensive Plan's Land Use designation. Staff generally believes that this location is suitable for the density and intensity of use proposed by MJH. At this time, staff's concerns are primarily based on specific design issues and visibility impacts. These concerns are expanded upon below. ATTACHMENT E The narrative section of the' Comprehensive Plan, makes several general and specific comments that are relevant to the proP0sal's design and potential visual impacts. The Comprehensive Plan also references The Neighborhood Three Study as a guide for development within the Pantops Neighborhood. The first applicable Comment in the Comprehensive Plan is found within the General Land Use standards. The standards state that development should be concentrated and clustered to the maximum extent possible to protect environmental features, scenic vistas, and historic sites; to provide for open space; to minimize traffic hazards, conflicts with other land uses and adverse visual aspects associated with linear/strip development. For the most part, the proposal meets these requirements, with the potential exception of scenic vista protection. If built as proposed, the medical center will be highly visible. in a separate section, the Comprehensive Plan and the Neighborhood Study state that visual impacts are even more crucial in this portion of the Development Area. The Neighborhood .Study states that development within the Monticello viewshed should: 1) Preserve and protect significant environmental resources that buffer development from Monticello; 2) Use earth-tone roof and building treatments; 3) Shield lighting to. eliminate glare; 4) Break up parking with medians and planters; and, 5) Encourage screening and buffering to soften visual impact. Staff used the County's geographic information system (GIS) capacity to determine that very little of the area under consideration is visible from Monticellok Applicant and Staffhave also worked with the Thomas Jefferson Memorial Foundation to determine their level of comfort with the proposed project. While the Foundation has not provided a final position On the proposal, they have inferred that they can work with the applicant to allay concerns raised by the medical center. While visibility from Monticello is not a concern, visibility from the Interstate 64 Entrance Corridor and the City poses a major concern. As part of the GIS study, staff determined that the least visible portion of the site is roughly below the 460 to 480 elevation contours. When viewed from the City and Interstate 64, this portion of the proposed medical center site is obscured by the State Farm Building and the hill it sits on. Conversely, the proposed location for the hospital and the'rest of the development at the crest of the hill will be highly visible as seen from both the City and Interstate 64. Based on this information, staff has attempted to get the applicant to provide two important pieces of information - a proposed layout for the buildings and a conceptual grading plan. A general building layout should provide the general locations for larger structures, such as the hospital, its associated medical buildings' and the parking garages. This location information would allow a determination to be made if the buildings mass could be reduced though a different orientation or different siting relative to the terrain. The applicant however, has declined to provide a layout using the reasoning that any proposed medical center layout may have to change as future conditions change. To meet staff's request, the applicant has submitted a generalized concept of the building placements (Attachment E). Staff is unsure whether this exhibit will be sufficient without the second piece of information. The attached addendum explains the scope, methodology, and findings of the staff's visibility study; ATTACHMENT E ), Should the applicant provide a more defined plan for the building layout? The second piece of information requested from the applicant is a conceptual grading plan and proposed finished floor elevations based on the general building layout that has been provided. Based on the GIS study, staff determined that potentially the upper 50 to 75% of the hospital will be visible from the City and Interstate 64. Conversely, a majority of the parking garage adjacent to the hospital could be hidden in the swale if constructed as proposed. Staff's chief concern is that the entrance for the hospital is planned on the uphill side of the building. The Zoning Ordinance places a maximum height of 65 feet on the building based on the location of the main entrance. Thus, the backside of the hospital will be much taller than 65 feet. This' is also the faCade that will face the City and Interstate 64. The regional jail's building site arrangement relative to the topography illustrates staff's concern. The applicant is confident that.the building's ultimate design can break up the mass and diffuse staff's concern. While this may be possible, staffhas an additional concern related to the building height. As viewed from the City, the building may not only look imposing; it may also stick well above the ridgeline. This will have the effect of"skylighting" the building. Staff would like to see the main entrance of the hospital as Iow as possible relative to the highest point along the ridge in order to minimize the skylighting effect. Originally, staff had suggested placing both the hospital and its garage in the swale and orienting the buildings so that their narrowest faoade faced towards the City. Staff believed that this would mask both the mass of the buildings and limit the skylighting effect. The applicant has stated on several occasions that this type of arrangement will not suit their purposes. Therefore, staffis willing to consider orienting the longest fagade of the building towards the City and Interstate 64 while relying on good architectural practice to break up the mass as long as the top of the building does not extend too far above the ridgeline. ~ Is "skylighting" of the building an issue? A final issue related to building placement and grading is the proposed grading for thc linear park behind the proposed hospital. As shown on the plan, the linear park runs along the ridgeline. The applicant's original concept was to cut 30 to 35 feet offthe top of the knoll to create a large, flat community park. As viewed from the City, the knoll is directly behind the proposed location for the hospital building. The removal of the knoll exacerbates the skylighting effect. If the hospital must go in the location proposed, staffwould like to see the knoll retained and trees planted across the top of the hill. Eventually the height of these trees would be taller than the roof of the hOsPital, thus reducing the skylighting effect. ~ Should the applicant provide building finished floor and height elevations relative to a proposed final grade for the Hdgeline? In summary, staff is satisfied that a medical campus, and hospital arc suitable uses on thc properties. It is the questions of massing, orientation, design, and skylighting that are of concern. Staff believes that properly implemented architectural, grading and layout plans can achieve an acceptable solution; however, staff needs to have the information in order to make a determination. The two questions for the Commission are: 1) Does the Commission share staff's concerns? and, 2) If these are Commission concerns, should MJH provide this information now or at the site i~tan stage when they have a clearer concept of their intentions? ATTACHMENT E Nei~lhborhood Model Analysis: Staff has reviewed the more specific elements of the rezoning and special use permits for their ability to accomplish the 12 principles of the Neighborhood Model. Most of the comments in this section are general in nature as a result of MJH's inability to further define their development proposal. 1. Pedestrian Orientation MJH has stated a commitment to create a pedestrian oriented medical campus. However, ;;either the narrative nor plans provide details on how the campus will achieve this goal, especially with respect to the topography. AttaChment I shows the planned pedestrian and bicycle improvements for the medical campus. This attachment shows that MJH plans to tie into the PJP pedestrian system already in Place and provide a sidewalk along State Farm Boulevard. It also shows the furore greenway trail along the Rivanna and the linkage of this trail into PJP. This plan does not define how the pedestrian orientation will provide linkages within the medical campus, successfully traverse the terrain, or utilize the open space areas. Also, it does hot show sidewalks along both sides, of Peter Jefferson Parkway. ~ Does the applicant need to further define the location of pedestrian paths and sidewalks? 2. Neighborhood Friendly streets Due to the road patterns set by the previous rezonings and the terrain, it will be difficult to orient the buildings to the internal roads2 To offset the lack of buildings fronting the roa..ds, the applicant should better define the streetscape with tree and sidewalks. ~ Along State Farm Boulevard (the only external road adjacent to the medical campus), the improvements should be.provided. The application does show a sidewalk along the entire eastern side of the road that is controlled by the current landowner (Attachment I). This is consistent with the Neighborhood Three Study. However, the plan should improve its relationship to this street that is an important linkage in the Pantops NeighborhoOd. Staff believes that the development should front this road and relegate the parking behind the b,.fildings. The illustrative plan for the medical center shoxvs a single building fronting State Farm Boulevard (Attachment E). Staff would prefer at least two buildings so that the urban nature of the street is further strengthened. Additionally, the Neighborhood Three Study identifies the need for landscaping along State Farm Boulevard. The Application Plan needs to 'reflect this recommendation. Is the lack of bUilding orientation to roads within the development acceptable? How should the proposal interact with State Farm Boulevard? 3. Interconnected Streets The Peter Jefferson Place Complex has multiple connections to both State Farm Boulevard and Route 250. This proposal continues to develop the internal interconnections. Additionally, staff is pleased that these internal interconnecfions are designed as roads rather than drive aisles through parking lots. 4. Parks and Open Space The 1996 Application Plan proffered roughly 30% of Peter Jefferson Place as open space. This rezoning application retains this percentage and does not alter the boundaries of the open space previously proposed (Attachment F). ATTACHMENT E Another vestige from the 1996 plan is the Linear Park. As stated above, staffis concerned with the grading to create the park. If created as proposed, the park will be a large, fiat area, which may cause problems with the skylighting of buildings. The applicant's landscape architect has assured staff'that the park will be an inviting place. The office park's owner has said that it is their full intention to create an inviting place as they have in other portions of the park. However, no conceptual plans or narrative have been provided. Staff is unsure ofhowthe park will be developed as an "inviting place". It is concerned that the current Ordinance's landscaping regulation will be too ineffective to ensure that the amenity will be constructed as described. ~ To what degree does the Linear Park's landscape and amenity plan need to be defined at this rezoning stage? Finally, staff would like to see the Application Plan better develop the proposed pedestrian and bike trails in the open space areas. A connection between the site and the proposed Rivanna Greenway Trail is shown, but should be further developed. Additionally, the PJP has dedicated a wide swath of open spaces along Interstate 64, but they have not developed any trails. A trail system would increase pedestrian and bicycle access to this open space area~ 5. Neighborhood Centers In the Application Plan from ZMA 96-03, the Linear Park was supposed to be the focal point of the office park campus with a mixture of office and supporting commercial retail uses. Since MJH is unable to commit to more than a generalized layout, it is unclear whether the Medical Office Buildings on either side of the Linear Park/Community Park will contain retail uses that will mirror the focal point proposed in the 1996 plan. Additionally, the park's ultimate design is unclear. 6. BUildings and Space of Human Scale As stated above, the applicant has not committed to nor provided any details on the scale, massing, or architecture of the proposed buildings. They have signaled that the Outpatient Care Center, which recently received a Certificate of Approval from the Architectural Review Board, could set the architectural tone for the development. As with the Outpatient Care Center, the applicant has also stated that they intend to use dark, non-reflective colors to reduce the visual impacts of the medical campus's buildings on Monticello, the Entrance Corridors and the City. Staff still has concern with potential skylighting and massing problems associated with any large structure on this site. StaffwilI continue'to have concerns until either architectural features or design parameters can be provided and agreed upon. However, staff believes that we can work with the applicant to resolve this matter. 7. Relegated Parking The application's ability to relegate its parking is one of its strong points. Thc proposal calls for one and potentially two parking structures. These garages will reduce the need for large parking fields. The parking structures will require special use permit approval. Staff generally supports the use of parking garages within this development as long as any potential aesthetic impacts can be mitigated. ~ If the parking garages are acceptable, what conditions may be required to allay Commission concerns? As for any remaining parking fields in the ultimate layout, the medical campus design should still seek to minimize their impact though the use o.f screening v.egetation or by relegating the ATTACHMENT E parking behind buildings. This need is especially important where the.parking fields will be adjacent to Peter Jefferson Parkway. 8. Mixture of Uses The original zoning and this proposal offer a mixture of useS. Staff is concerned about the ' location of the supporting commercial uses (e..g., pharmacies, gift shops, restaurants, etc.). The ' proposal is vague as to their location. The applicant has stated that these types of uses 'ar& an increasingly important part of hospital campuses. Originally, MJH wanted to locat~ these uses in Block K (Attachment C). Now, the applicant has agreed to Place these uses within Block B where the 4=lane Peter Jefferson Parkway will not separate them; however, MJH has not defined how or where the uses will be placed within the complex. Staff believes that the location and permitted uses should be defined either on the application plan or through a written agreement. ~ Should the applicant be required to provide information on the location of the supporting commercial uses within the medical campus? 9. Mixture of Housing Types Thc 1993 Application Plan called for 296-housing units primarily on thc back half of thc PJP site. The 1996 Application Plan reduced the number of units to 250 and restricted them to Parcel I (Attachment F). This rezoning request maintains the number and location for the housing units as was proposed inthe 1996 plan; however, the applicant is unable to define the nature of the residential development. In general, staff is supportive of the residential uses within PJP and would like to see a commitment by MJH to implement housing on this portion of the site sometime in the future. However, without more specific details, staff is concerned that the ultimate design may not be consistent with the principles of the Neighborhood Model. For this reason, staff would like to see a commitment by the applicant that would allow the Commission to review the site plan and plats for consistency with the Neighborhood Model. 10. Redevelopment TLs development constitutes the first urbanized development of the property. There are no oppommities for redevelopment at th/s time. 11. Site Planning that Respects Terrain Staff has repeatedly requested a rough grading plan fzom the applicant so as to better assess the proposal. While staffhas seen some preliminary grading and finished floor elevation concepts, the applicant has been reluctant to provide the Commission with details on grading and-building placement out of concern that committing to a grading plan at the rezoning stage might negatively affect how MJH can develop the medical campus later. Without conceptual grading and building elevation plans, staff is unable to assess the impacts and Provide guidance to the Commission. To the degree that staff understands the preliminary conceptual plans, we have the following suggestions. Any development of the site should retain as much as is possible of the knoll Iocated at the southern end of the Linear Park. If incorporated into the design, the knoll could help to reduce the skylighting effect of the buildings, serve to break up the campus, and buffer Monticello from the development. Next, the plan should seek to lower the finish of floor elevations of all building that face the City and the Interstate 64 Entrance. Finally, the plan should limit the use and/or height of retaining walls. ATTACHMENT E On a separate grading issue, the applicant has failed to demonstrate that the remaining portion of Parcel K can effectively be graded and constructed so as not to impact the wooded areas and critical. Slopes shown on the County's Open Space plan. At present, MJH is not even sure how it intends to use'the remainder of Parcel IC Staff has identified several potential impacts to three areas of priority. The first impact may come from'the fill slopes required to create the building pad and parking on this parcel. These slopes could affect the woods and critical slopes that are below the site and are identified on the County's Open Space Plan. The second potential impact area is the knoll that staff is trying to pres ~epre. The final potential impact is a visual imp, act to MOnticello. Staff feels that this portion of the site should be left as a potential area for development, but that it would be unwise to develop the remainder of Parcel K without further information. ~ Should the remaining portion of Parcel K be left as a potential area for development?. 12. Clear Boundaries wi Rural Areas Peter Jefferson Place borders Interstate 64, which is the boundary of the Development Area. The proposal calls for protecting the swale adjacent to the highway. Therefore, staff believes the effects along the common boundary with the interstate will be minimal. Traffic Imf)act Analysis At this time, the traffic study has been completed; however, staff and the applicant are still working out the final details. The results of the study and proposed improvements will be supplied to the Commission at their next meeting on the rezordng. ~ .Questions for the Planning Commission: The Plapming Commission is requested to provide guidance to the staff and the applicant on the relative importance of the following questions: With respect to potential visibility issues: Is visibility of the site from the angle of the City an important issue? Should the applicant provide a more defined plan for the building layout? Is "skylighting" of the building an issue? Should the applicant provide building finished floor and height elevations relative to a proposed final grade for the ridgeline? With respect to the principles of the Neighborhood Model: Does the applicant need to further define the location of pedestrian paths and sidewalks? Is the lack of building orientation to roads within the development acceptable? How should the proposal interact with State Farm Boulevard? To what degree does the Linear Park's landscape and amenity plan need to be defined at this rezoning stage? )~ If the parking garages are acceptable, what conditions may be required to allay Commission concerns? ),. Should the applicant be required to provide the supporting commercial uses within the medical campus? ~ Should the remaining portion of Parcel K be left as a potential area for development? ATTACHMENT E Finally, staffposes an alternative for the Planning Commission 'and the applicant to consider. The Commission and Board could apprOve the rezoning application and the special use permits, but request that the applicant Subject themselves to an additional legislative review when MJH is ready to build the individual buildings within the medical campus: Through this alternative, the applicant would receive approval for the use. The Commission and Board would retain the discretion to ensure that various site design and visibility impact questions could be resolved when the applicant has a Clear idea for the site. Staff asks that this alternative also be discussed during the worksession. Attachments: A. Vicinity Map B. Tax Map C. Area to be purchased by Martha Jefferson Health Service Corporation. D. Area under consideration for the rezoning request. E. Proposed Martha Jefferson Illustrative Plan layout vs. an illustrative master plan for the 1996 rezoning. F. The Application Plan from ZMA 96-03 G. Comparison of the approved 1996 land use distribution vs. the proposed land use distribution H. Topography for the site I. Proposed pedestrian and bicycle trails J. Architectural Review Board Guidance for the Commission ATTACHMENT E VISIBILITY STUDY ADDENDL~'M Staff initiated a visibility study to determine which portions of the site are visible from Monticello, the Interstate 64 Entrance Corridor, and the City. At the applicant's request, staff narrowed the scope of the study to four discrete locations so that any discussion based on the visibility of the project would have common reference points. These four locations are (Attachment K): 1. The Locust Avenue Neighborhood from the intersection of Route 250 By-pass (Long Street) at the Locust Street Bridge. 2. The Belmont Neighborhood from the intersection of Monticello Avenue and Meade Avenue. 3. The Entrance Corridor from the Interstate 64 off ramp leading to Route 20 south. 4. Monticello just below the visitor's bus drop off point. Analysis The analysis used the geographic information system's (GIS) capacity to perform a line-of-sight analysis. The general concept of the analysis is that a person standing at one of the four vantage points could see the entire Peter JeffersOn Place site minus any hills, buildings, or major stands of trees placed between the person and the site. Staff made the following conservative assumptions: A. The person at the vantage point is 5 feet tall. B. Any building in the foreground is 25 feet tall. C. Stands of trees are 65 feet tall. An additional assumption of the study was that the stands of trees should be included in the Monticello analysis, but not in the analysis of the City or Entrance Corridor vantage points. The reasoning is that trees in the City and the Entrance Corridor are more general in location (i.e. a person could move 10 feet either way and see around a tree). With respect to Monticello, there is a fairly solid stand of trees on the hillside and this stand effectively blocks most of the site even in the winter. Additionally, the~e trees are well over 65 feet tall. Therefore, tree stands were assumed to block the view of the site in Monticello analysis, but not in the others.' Results The shaded areas on Attachments L though O show the results of the analysis. The numbers in the legend correspond to the vantage points listed above. As was expected, the upper portions of the hillside are highly visible from the City and the Entrance Corridor. The highest portion of the site is much less visible from Monticello. Standing in front of Monticello, the portion of Peter Jefferson Place adjacent to Route 250 is more visible. A more interesting finding is that the site below roughly 470 feet in elevation is not visible from any of the locations. This area constitutes the "swale area" and represents the best place to "hide" a portion of the larger, buildings such as the hospital and/or the parking garage. It should be noted that the elevation of 470 is a best guess and is a combination of several vantage points. If the trees on the hill where the State Farm Building is located included in the analysis, then the elevation at which the site is obscured could rise slightly. Staff feels that these results should aid in the design ahd placement of the buildings within the medical campus though the application of the following guidelines. First, the mass of the larger buildings should be placed in the swale'area to the extent possible. Second, the ultimate architecture of the site should seek to limit the visual impact of the larger buildings. Third, any building located at or near the ridge line should be constructed so that the height'of the building does not extend excessively above the ridgeline. With a design that limits the height above the ridgeline, the skylighting effect will be minimized, especially as seen from the City. 025 ATTACHMENT F STAFF PERSON: COMMISSION WORKSESSION DATE: TARPLEY V. GILLESPIE MAY 13, 2003 ZMA 01-015 -MARTHA JEFFERSON HOSPITAL AT PETER JEFFERSON PLACE SP 01-056 - HOSPITAL SP -1-057 - PARKING STRUCTURE Back~,round The Martha Jefferson Health Services Corporation has proposed a hospital and associated medical offices as part of a medical campus at Peter Jefferson Place. The proposal was initially submitted in 2001, staff analyzed the proposal and a worksession with the applicant and Planning Commission was held on March 26, 2001; Staff and the Commission identified several issues and concerns during the initial review. The March 26 Staff Report is Attachment B. Previous staff concerns about the proposal are summarized as follows: 1. Mitigation of the visual impacts related to the mass, orientation, location and design of the proposed hospital and parking structures; 2. The plan for the medical campus respects terrain; 3. The plan for the medical campus protects resources identified in the County's Open Space Plan; 4. The design of the central green space; 5. The relationship of supporting commercial Uses to the hospital uses. purpose of the Worksession The applicant has resubmitted and their neWly revised application plan is Attachment A. The ARB is scheduled to review this proposal on May 19, 2003. The applicant has requested this worksession in order to identify any areas of concern to the Planning Commission prior to seeking approval for the project. Analysis Previous planning commission comments about the proposal are summarized as follows. · The applicant should provide a nonspecific plan to deal with the visibility issues and the scale/massing of the building. First, they should attempt to cover the visibility issues, and then move forward to provide further detail on the other neighborhood model issues identified. Please note that the applicant has provided a more detailed master plan, including a preliminary grading plan and building sections, and that the complex has been redesigned to reduce its visual impact from 1-64, Route 250 and the City of Charlottesville. The Commission expressed some willingness to consider relaxing the neighborhood model standards to allow the alignment of the buildings to be towards the central "linear park" and not the Roads. With this submittal the linear park has been replaced with a circular "Community Park" which will be located on the high point of the site. Buildings will be oriented towards approximately half of the circumference of the park. The applicant should identify and protect open space. This proposal will retain 30% of Peter Jefferson Place in open space, as was part of the originally proffered plan. Peter ATTACHMENT F Jefferson Parkway has been realigned and all proposed buildings have been shifted to the north. While this will reduce disruption of critical slopes and wooded areas leading to lhe Rivanna River, it will also require the grading of the existing knoll. Due to the historic significance, staff should investigate the location of the satellite slave community of Monticello. To ensure the preservation of this, staff should make sure that it is noted on the plan and located in the open space. Staff inquired with Monticello, and the Albemarle County Historical Society and could find no evidence of any known slave community on the site. · The Planning Commission requested that staff consult with the City of Charlottesville about the visibility issue. Staff is in the process of obtaining the City's feedback on the visibility issues of the revised plan. The current proposal attempts to respond to these comments and concerns. During this worksession, the Planning Commission is asked to provide guidance to the staff and the applicant on several key issues related to these requests. While the staffbelieves that this resbumittal represents an overall improvement and addresses a majority of the previous issues, staff and the applicant seeks your guidance on the certain key issues. Questions for the Commission The Planning Commission is requested to provide guidance to the staff and 'the applicant on the relative importance of the following questions: With respect to Neighborhood Model and Site Design Issues 1. Should the applicant create a clearly defined urban boundary between the campus and the development area? Should building sites orient towards and frame State Farm Boulevard? 2. Has the applicant adequately minimized the visual impacts by utilizing the existing grades on this site? Is their proposal a reasOnable solution given their unique programmatic needs? 3. Should the apPlicant provide phasing information for review as a part of this rezoning application?' With respect to Traffic and Transportation issues: 4. Should the applicant make specific commitments to implement their TDM as a part of the rezoning request? Site Design Analysis 1. Should the applicant create a clearly defined urban boundary between the campus and the development area? The proposed complex has a suburban campus quality which is compatible with Peter Jefferson Place but which is not consistent with some aspects of the Neighborhood Model. The Principle of Pedestrian Orientation calls for a "mixture of uses with buildings close to the sidewalk and to each other.." The principle of Buildings and Spaces ora Human Scale encourages spatial enclosure of streets through the orientation and scale of buildings. Staff has encouraged the applicants to incorporate these-principles at the entry points to the ATTACHMENTF campus along State Farm Boulevard. As the Pantops neighborhood develops and State Farm Boulevard is built out on the east, there may be oppommity to create a vibrant urban condition along State Farm Boulevard and Peter Jefferson Parkway. The apPlicant has chosen to maintain a campus-like landscaped character to the property. While staff ideally would prefer to see buildings oriented to and flaming State Farm Boulevard, staff is willing to accept the proposal to maintain the campus style setting previously approved for Peter Jefferson Place. As an alternative, staff suggests that a low urban wall may help.to define the edge at the transition between the campus and the rest of the development area. 2. Has the applicant adequately minimized the visual impacts by utilizing the existing grades on this site? Is their proposal a reasonable solution given their unique programmatic needs? Much of the review of the previous submittal focused on the visibility of the hospital from various locations in the County and City. The site has been redesigned in an effort to minimize its visual impacts. The hospital building has been relocated into thc hillside and the building mass has been broken into several planes. The community park will provide some visual relief beyond the hospital stmcture. Overall, :staff is positive about the progress that has been made to mitigate the visual impacts and believes that the plan is much improved from that standpoint. However, staff notes that a significant amount of fill will be required in order to site thc hospital as proposed. The Neighborhood Model calls for "sensitivity to existing terrain through site design and architecture that fits into grades." Staff has questioned whether the front portion, containing the beds, could be further recessed into the hillside, thereby achieving a great reduction in visibility. The applicant asserts that the structure must bc somewhat level in order to achieve the internal circulation and efficiency necessary for the hospital. Staff believes that the building location and elevation is reasonable considering programmatic needs of the hospital. 3. Should the applicant provide phasing information for review as a part of this _rezoning application? The proposal is projected to have.a 50-100 year build out'period. In order to adapt to constant changes in the healthcare industry, they are seeking some flexibility in their implementation and phasing of the plan. Staff is uncertain about how each phase of construction will address the issues identified in the rezoning review. Staff believes a phasing plan with established dates is important to this review. Traffic Impact .Analysis At this time the traffic study has been completed, however, staff is still working with the applicant.on possible solutions to address the traffic impacts of this proposal. The traffic study assumes that a series of background improvements are in place along the Route 250 corridor and State Farm Boulevard. For example, the study assumes that additional travel lanes are provided on Route 250 and that a signal has been installed at State Farra Boulevard and Peter Jefferson Parkway. These projects have been identified but not yet funded. Although the study year is 2011, staff is uncertain that these projects will be funded by that time. Therefore, VDOT and county staffs are focusing their review on the anticipated impacts and potential mitigation assuming that the background improvements are not yet in place. ATTACHMENT F Staff is somewhat concerned about the traffic impacts~ of this .development on the 1-64 Route 250 interchange. Some level of improvement may be necessary to maintain safety at the interchange. Staff is working with the applicant and VDOT to identify possible mitigation measures. Additionally, the traffic study assumes a signal at Peter Jefferson Parkway and State Farm Boulevard. None of the previous Peter Jefferson Place proffers address this signal. Staff anticipates that the hospital traffic will necessitate a signal at this location. 4. Should the applicant make specific commitments to implement their TDM as a part of the rezoning request? As a part of their traffic study, the applicant's provided a Transportation Demand Management Plan (TDM) which proposes up to an 8% reduction in vehicle trips by promoting alternative modes of transportation. Staff is currently working with the applicant to identify specific tools that could be used to implement the TDM. The TDM assumes that transit will be provided to the site by 2011. At this time, it is unclear whether or not transit to the site will be funded by 2011. Staff encourages the applicants to make specific commitments to implement their TDM and believe that these commitments will be an important part of the evaluation of the traffic impacts from this project. Attachments A. Application Plan B. March 26, 2001 Staff Report 4