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434 RESOLUTION: AUTHORIZING SIGNING OF AGREEMENT WITH ALBEMARLE COUNTY TO. DISSOLVE AIRPORT BOARD ORDINANCE: CLOSING A PORTION OF McELROY DRIVE (2nd reading) WHEREAS, in connection with such special permit application Clay Media, Inc. has requested pursuant to City Code Section 31-228.1 that Council grant a special exception to the normal yard regulations applicable to ~such radio towers, and the Planning Commission has recommended the granting of such special exception; now, therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that: 1. The property located in a B-1 Business District at 1140 Rose Hill Drive, designated as a portion of Parcel 30 on City Real Property Tax Map 44, is hereby granted a special permit for the erection of a 70-foot radio transmission tower, as permitted under Section 31-79(c) of the City Code. 2. City Council finds such use conforms to the requirements for special permits generally imposed by Article XX (Section 31- 218, et.seq.) of Chapter 31 of the City Code, and this permit is subject to all conditions and restrictions imposed generally by such Article. 3. Such special permit shall be conditioned upon development of the property in accordance with the site plan submitted with the special permit application, as approved by the Director of Planning. 4. As a further condition of such special permit, the owners of the property shall remove thc'three existing 200-foot radio. transmission towers presently existing as lawful non-conforming uses on the portion of said property located in an R-t Residential District. Such removal shall be accomplished within 6 months of final approval by the Federal Communications Commission for applicant to begin broadcasting from its three' replacement towers located in the County of Albemarle. 5. Pursuant to City Code Section 31-228.1, the City Council finds that the granting of a special exception to the normal yard regulations applicable to radio transmission towers would be in harmony with the purposes and intent of applicable' provisions of the City zoning ordinance. Applicant is therefore granted an exception from such yard regulations to allow its own broadcasting studio building to be located within the required yard of the tower to be erected pursuant to this special permit. The Council finds~ that this special exceptioni'Will not create adverse impact on adjacent properties and is necessary and desirable' in view of the particular nature, circumstances, location and situation of the proposed tower. Mr. Hendrix stated that the Airport Authority has been constituted, in place and operating and Council and the Board of Supervisors were required to dissolve thc Airport Board. On motion by Dr. Hall, seconded'by Mrs. Gleason, Council unani- mously approved the signing of the agreement dissolving the Charlottesville- Albemarle Airport'Board, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia: There being no further business for the Charlottesville-Albemarle Airport Board to conduct, the ownership and operation of thc CharlottesVille-Albemarle Airport having been assumed by the recently created Charlottesville-Albemarle Airport Authority, the Mayor is hereby authorized to execute on behalf of the City an agreement, a copy of which shall be kept with the minutes of this meeting, with the County of Albemarle, which agreement dissolves the Charlottesville-Albemarle Airport Board and provides for the orderly winding up of its affairs. Mr. Wiley, City Attorney, stated that Mr. Sandridge from the Wastewater Division of Public Works, had identified the sewer line as running in front of the houses on McElroy Drive, not along the creek line as stated by Mr. Fornes at the previous meeting. Mr. Wiley stated that the street in question did not provide access to Mr. Fornes' property as Mr. Fornes had to walk through other orivate property to reach his land. Mr. Wiley stated that staff continued to recommend closing of the street to allow for the protection of the neighborhood from the street being used as a thoroughfare to the higher density zoned property across the creek.