HomeMy WebLinkAboutSDP201800027 Action Letter 2018-09-05COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 5, 2018
Stephen Waller, AICP
8159 Cancun Court
Gainesville, VA 20155
RE: SDP201800027 — Verizon — Frys Spring Tier II (51h Street Station)
Dear Mr. Waller:
The development proposal referenced above has been approved. The action letter for the Board of
Supervisors' September 5, 2018 approval of the special exception to Albemarle County Code § 18-
5.1.40(b)(2)(c) is forthcoming, and an uncertified copy of the resolution & conditions for the special
exception is attached.
In preparing your building permit application, please be advised of the performance standards and
requirements in § 18-5.1.40(d)(1) and § 18-5.1.40(d)(2), including a certification by a registered surveyor
stating the height of the reference tree, a final revised set of plans, and tree conservation plan. These
requirements must be satisfied before the building permit can be issued. Please make the below revisions
to the plans:
[5.1.40(b)(2)(c)] Projection. Please fix Note 4 on Sheet C-3 from "26 inches" to "18 inches" to
reflect the Zoning Ordinance and the other diagrams shown on this sheet.
2. [5.1.40(c)(6)] Site Plan. Add silt fence on Sheet C-4 to protect the asphalt path (on southern side
of asphalt path).
3. [5.1.40(c)(6)] Site Plan. Show existing ACSA utilities and ACSA easements.
Please contact me at your earliest convenience if you have questions or require additional information.
Sincerely,
Andrew Knuppel, AICP Candidate
Planner - Albemarle County Community Development
aknupTel(kalbemarle.org 1 (434) 296-5832 ext. 3313
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 21st, 2018
Stephen Waller, AICP
8159 Cancun Court
Gainesville, VA 20155
RE: SDP201800027 – Verizon – Frys Spring Tier II (5th Street Station)
Dear Mr. Waller:
The development proposal referenced above cannot be approved as currently proposed. Pursuant to
Albemarle County Code §18-5.1.40 (the “Wireless Ordinance”), if the agent disapproves an application,
he shall identify which requirements were not satisfied and inform the applicant what needs to be done to
satisfy each requirement. This letter serves to identify these requirements and the steps needed to resolve
them.
One requirement that cannot be satisfied under the current proposal is contained in §5.1.40(b)(6)
of the Wireless Ordinance. This requirement states in part that “the site shall provide adequate
opportunities for screening”.
It is understood that the “site” in this context is the lot seeking to receive zoning approval of a personal
wireless service facility, TMP 076M1-00-00-00200. The County will consider tree preservation
easements on abutting properties as a method to secure screening. This is predicated on the fact that the
applicant would have the ability to ensure compliance with Wireless Ordinance § 5.1.40(b)(6) and prevent
the clearing of screening trees by other parties. As the VDOT right-of-way is not included in the lots and
VDOT will not grant your client easement (per e-mail dated June 13, 2018), the agent is unable to make
a positive finding to satisfy the requirement that adequate opportunities for screening are being
provided by the site.
Additionally, the following Wireless Ordinance requirements have not been satisfied at this time:
1.[5.1.40(b)(2)(c), 5.1.40(a)(12)] Projection. A special exception was requested to modify Section
5.1.40(b)(2)(c) of the Zoning Ordinance. This request has not yet been processed.
2.[5.1.40(b)(2)(c)] Projection. Please fix Note 4 on Sheet C-3 from “26 inches” to “18 inches” to
reflect the Zoning Ordinance and the other diagrams shown on this sheet.
3.[5.1.40(c)(6)] Site Plan. Add silt fence on Sheet C-4 to protect the asphalt path (on southern side
of asphalt path).
4.[5.1.40(c)(6)] Site Plan. Show existing ACSA utilities and ACSA easements.
The procedures to appeal disapproval of an application are outlined in Wireless Ordinance § 5.1.40(e)(6)
and are described below:
The applicant may appeal the disapproval of an application to the board of supervisors. An appeal
shall be in writing and be received in the office of the clerk of the board of supervisors within ten
(10) calendar days after the date of the disapproval by the agent. In considering an appeal, the
board may affirm, reverse, or modify in whole or in part, the decision of the agent, and its
decision shall be based upon the applicable requirements of this section.
Should you choose to appeal, I would recommend scheduling a meeting with staff to identify the potential
dates and process for the appeal’s consideration and discuss the outstanding issues.
Please contact me at your earliest convenience if you have questions or require additional information.
Sincerely,
Andrew Knuppel, AICP Candidate
Planner - Albemarle County Community Development
aknuppel@albemarle.org | (434) 296-5832 ext. 3313