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RESOLUTION APPROVING A SPECIAL USE PERMIT • FOR COMMUNICATIONS FACILITIES ON PROPERTY FOR AT 201-239 ELLIOTT AVENUE (FRANK IX BUILDING) WHEREAS, pursuant to the Code of the City of Charlottesville, sections §34-156 et seq. (Special Use Permits) and §34-1070 et seq. (Telecommunications Facilities) Gray Television, Inc. ("Applicant") has requested a special use permit to allow for the placement of up to five (5) satellite dishes to be attached to the existing building(s) located at 201-239 Elliott Avenue, also known as the Frank Ix Building; and WHEREAS, the subject parcel is zoned "DE" (Downtown Extended Corridor District), where, pursuant to §34-796 of the City Code, attached communications facilities are allowed by Special Permit; and WHEREAS, ajoint public hearing on this application was held before the City Council and Planning Commission on May 11, 2004, following notice to the public and to adjacent property owners as required by law; and WHEREAS, on May 11, 2004, based on the information presented by Neighborhood Development Services staff as well as by the Applicant, the Planning Commission recommended that the application be approved as submitted; and • WHEREAS, this City Council finds and determines that granting the Special Use Permit would be consistent with City Code §34-796 and the criteria generally applicable to special use permits under Chapter 34 of the City Code; now, therefore, BE IT RESOLVED by the Charlottesville City Council that a special use permit is hereby granted to allow the placement of attached communications facilities on the property that is the subject of this application, subject to the following conditions designed to protect against adverse impacts on the surrounding neighborhood and community: 1. This approval authorizes up to five (5) satellite dishes, each no more than 3.8 meters in diameter, to be attached to the walls of the Frank Ix Building, mounted so as to project not more than seven (7) feet above the existing roofline of the building. Placement of the satellite dishes shall be as shown on the plan submitted by the Applicant as part of its application. 2. All attached communications facilities authorized by this permit shall conform in all respects with applicable requirements of the City's telecommunications facilities regulations, set forth within the Zoning Ordinance, §§34-1070 et seq., including, without limitation, §34-1080 (Visibility and Placement). 3. The Applicant shall plant Leland Cypress trees, on 10 foot centers, along the length of the property line adjacent to the cemetery located on First Street. Approved by Council June 7, 2004 0 C rk of City Council