Minutes 10/14/2008 - Laserfiche WebLink

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October 14. 2008 105.03 feet to a point, thence turning and running S89"31 '440E, 260.05 feet to a pin found; thence S87"47'450E, 39.84 feet to a pin found, thence S87"47'450E, 20.45 feet to a pin found, thence turning and running S03"27'280E, 174.58 feet, thence turning and running S86"30'20oW, 20.35 feet, thence S86"30'20oW, 60.00 feet to a pin found, thence turning and running S03"27'28E, 60.27 feet to a pin found, thence turning and running S78"26'41W, 161.96 feet to a point, thence S78"26'41W, 83.58 feet to the Point of Beginning. TOGETHER WITH those portions of Randolph Street and Nashville Avenue as closed by Ordinance No. 1997-53 and by that portion of Nashville Avenue as closed by Ordinance approved February 26, 1974 by City Council of the City of Portsmouth, Virginia. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The proposed tower shall not interfere with the City's emergency response signal. If future conflicts develop with the City's response signal, the antennas shall be powered down immediately. (b) Due to the site's location in the vicinity of a cemetery, during the development of the tower, the applicant shall cease land disturbance activities if graves or archaeological items are unearthed. If items are unearthed, a full archaeological study and remediation plan shall be conducted and approved by the Commonwealth of Virginia prior to further land disturbance activities. All recommendations of said approved plan shall be implemented by the applicant. (c) The tower shall not exceed a total height of 150 feet. The proposed lightening rod shall not exceed 5 feet in height. (d) The tower shall be constructed with flush mount antennas as indicated in the submitted plan. (e) The tower shall be developed to accommodate the applicant and at least three additional users. (f) The proposed communications tower compound shall be enclosed with wooden board-on-board fencing that is a minimum of eight feet in height. (g) The applicant shall plant a minimum of nine new wax myrtle shrubs along the eastern and southern border of the proposed fencing. (h) The propane tank in the tower compound shall adhere to the Fire Marshall's No Spark Zone requirements. (i) The tower and accompanying appurtenances shall be constructed as outlined in the approved site plan. The project must be formally reviewed through the Site Plan Review Process. (j) Advertising and signs will not be attached to the tower. Towers not subject to federal requirements will have a gray, galvanized or other appropriate finish. Towers subject to federal regulations shall be painted in accordance with FCC or FAA requirements. (k) No markings or lighting shall be utilized on the tower unless required by the Federal Aviation Administration (FAA). (I) Prior to the issuance of a building permit, the applicant shall submit plans to the City Building Official, certified by a qualified professional engineer, that the tower will meet all requirements of the Statewide Building Code.