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<br />WHEREAS
<br />, pursuant to the Code of the City of Charlottesville, sections §34-156
<br />
<br />et seq. (Special Use Permits) and §34-1070 et seq. (Telecommunications Facilities), Gray
<br />Television, Inc. (“Applicant”) has requested an amendment to the special use permit
<br />previously granted by City Council on June 7, 2004, with respect to property identified
<br />nd
<br />on City Tax Map 28 as Parcel 208 (201-239 Elliott Avenue and 999 2 Street, S.E.),
<br />consisting of approximately 17.478 acres (“Subject Property”), to authorize an satellite
<br />dish to be attached to the western side of the existing building located at 201-239 Elliott
<br />Avenue; and
<br />
<br />WHEREAS,
<br />the subject parcel is zoned “DE” (Downtown Extended Corridor
<br />District), where, pursuant to §34-796 of the City Code, attached communications
<br />facilities are allowed by Special Permit; and
<br />
<br />WHEREAS
<br /> , a joint public hearing on this application was held before the City
<br />Council and Planning Commission on December 15, 2005, following notice to the public
<br />and to adjacent property owners as required by law; and
<br />
<br />WHEREAS
<br />, on December 15, 2005, based on the information presented by
<br />Neighborhood Development Services staff as well as by the Applicant, the Planning
<br />Commission recommended that the application be approved subject to certain conditions;
<br />and
<br />
<br />WHEREAS
<br />, this City Council finds and determines that granting the Special Use
<br />Permit would be consistent with City Code §34-796 and the criteria generally applicable
<br />to special use permits under Chapter 34 of the City Code; now, therefore,
<br />
<br />BE IT RESOLVED
<br /> by the Charlottesville City Council that the special use
<br />permit granted on June 7, 2004 to Gray Television, Inc., is hereby amended to allow the
<br />placement of one (1) additional satellite dish on the property that is the subject of this
<br />application, subject to the following conditions:
<br />
<br />1. Except to the extent modified by a new condition set forth, below, within this
<br />resolution, the conditions set forth within the resolution previously adopted by
<br />City Council on June 7, 2004 (“2004 Resolution”), approving the original Special
<br />Use Permit for this property, shall be and remain in full force and effect.
<br />2. One (1) satellite dish, in addition to the satellite dishes authorized within the 2004
<br />Resolution, shall be allowed on this property. The additional satellite dish shall
<br />be attached to an existing 6-5/8 inch diameter steel mounting pole at the roofline,
<br />on the western side of the existing building. Placement of the satellite dish shall
<br />be as shown on the plan submitted by the Applicant as part of its application (SP-
<br />05-10-21).
<br />3. The additional satellite dish, and all other attached communications facilities
<br />authorized by this Special Use Permit, as amended, shall conform in all respects
<br />with applicable requirements of the City’s telecommunications facilities
<br />regulations, set forth within the Zoning Ordinance, §§34-1070 et seq., including,
<br />without limitation, §34-1080 (Visibility and Placement).
<br />4. The third condition set forth in the 2004 Resolution (requiring the planting of
<br />trees along the length of a property line) is hereby amended and replaced with the
<br />following: all of the satellite dishes shall be screened in accordance with the
<br />requirements of City Code §34-1077; either the property owner shall comply with
<br />the screening and landscaping standards specifically set forth within §34-1077 or
<br />the owner shall prepare a detailed plan and specifications for landscaping and
<br />screening for approval by the director of neighborhood development services
<br />pursuant to §34-1077(c), within screening of the satellite dishes provided in
<br />accordance with the “S-2” standard specified in City Code §34-871, at minimum.
<br />5. The landscaping requirements set forth herein shall be completed by April 17,
<br />2006.
<br />
<br />RESOLUTION
<br />: AUTHORIZING TRANSFER OF $921,655 FROM THE CAPITAL
<br />CONTINGENCY ACCOUNT INTO THE JUVENILE COURT ACCOUNT AND
<br />AUTHORIZING SIGNING OF CONSTRUCTION CONTRACT
<br />
<br />
<br />
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