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• RESOLUTION GRANTING A SPECIAL PERMIT FOR THE ERECTION OF A RADIO TOWER ON PROPERTY LOCATED AT 1140 ROSE HILL DRIVE WHEREAS, Clay Media, Inc. has applied for a special permit to erect a 70 -foot radio transmission tower adjacent to its radio broadcasting studios at 1140 Rose Hill Drive; and WHEREAS, such application has been duly advertised as provided by the law and has been the subject of a public hearing jointly held by this Council and the City Planning Commission on October 9, 1984; and WHEREAS, the City Planning Commission has recommended the approval of such special permit; and 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 the three existing 200 -foot radio transmission towers presently existing as lawful non -conforming uses on the portion of said property located in an R-1 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.