HomeMy WebLinkAboutSDP200500130 Staff Report 2006-02-09STAFF PERSON: STEVEN TUGWELL, PLANNER
PLANNING COMMISSION: January 24, 2006
SDP 05 -130 ZEDEKAR RAW LAND - TIER II PWF
PROPERTY OWNER: Raymond G. or Shelby W. Zedekar
APPLICANT: Omnipoint Communications (T- mobile)
PROPOSAL:
This is a proposal to install a Tier II personal wireless service facility (Attachment A). The facility
would consist of an 88 -foot tall wooden, treetop monopole equipped with a 2 -foot lightning rod
and 2 -foot foundation. There would also be an array containing three (3) flush - mounted panel
antennas. These antennas are approximately 6 feet long by 12 inches wide. Supporting ground
equipment would include three (3) 5 -foot, 10 -inch tall cabinets sitting on a platform at the base of
the wooden monopole. The lease area for the proposed facility is located on property described
as Tax Map 75 - Parcel 17 that contains approximately 53.17 acres and is zoned RA, Rural Areas
(Attachment B). The site is located on Arrowhead Valley Road (State Route 745), approximately
0.36 miles east from the intersection of Route 745 and U.S. Route 29 South, in the Samuel Miller
Magisterial District. The Comprehensive Plan designates this property as Rural Areas in Rural
Area 4.
This application has been submitted in accordance with Section 10. 1.22 of the Zoning Ordinance,
which allows for Tier II wireless facilities by right in the Rural Areas.
Character of the Area:
The site of this proposed facility is approximately 1,900 feet east of U.S. Route 29, approximately
4 miles southwest of Charlottesville. The heavily wooded site is on a slope that is 404 feet above
the right of way. Access to the facility would be provided from 1435 Arrowhead Valley Road,
through the property owner's drive. This access will utilize the existing driveway which extends
437 feet to the property owner's residence, and the site will be accessed by a logging trail that
leads from the property owner's drive. All properties adjacent to the subject parcel are zoned
Rural Areas (RA). The nearest dwelling to this site is the Zedekar residence, which is
approximately 1,200 feet southwest, on the same parcel. The nearest offsite dwelling is located
about 1,500 feet southwest from the proposed site, on property identified as Tax Map 75, Parcel
6. The 85 foot tall reference tree that is being used as the basis for the requested monopole height
is located 25 feet east and has a surveyed top elevation of 1,102 feet above mean sea level
(AMSL).
Planning and Zoning History:
SP 04 -22 Zedekar (Omnipoint Communication) - A special use permit request was filed
proposing the installation of a 110- foot tall monopole for a personal wireless facility. This
request was withdrawn during the review process, but prior to going before the Planning
Commission or Board of Supervisors.
STAFF COMMENT:
Section 3.1 provides the following definitions that are relevant to this proposal:
Tier II personal wireless service facility: A personal wireless service facility that is a treetop
facility not located within an avoidance area.
Treetop facility: A personal wireless service facility consisting of a self - supporting monopole
having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown
of the tallest tree within twenty -five (25) feet of the monopole, measured above sea level (ASL),
and includes associated antennas, mounting structures, an equipment cabinet and other essential
personal wireless service equipment.
Avoidance area: An area having significant resources where the siting of personal wireless service
facilities could result in adverse impacts as follows: (i) any ridge area where a personal wireless
service facility would be skylighted; (ii) a parcel within an agricultural and forestal district; (iii) a
parcel within a historic district; (iv) any location in which the proposed personal wireless service
facility and three (3) or more existing or approved personal wireless service facilities would be
within an area comprised of a circle centered anywhere on the ground having a radius of two
hundred (200) feet; or (v) any location within two hundred (200) feet of any state scenic highway
or by -way.
Section 5.1.40(d), entitled "Tier II facilities" states:
"Each Tier II facility may be established upon commission approval of an application satisfying
the requirements of subsection 5.1.40(a) and demonstrating that the facility will be installed and
operated in compliance with all applicable provisions of this chapter, criteria (1) through (8)
below, and satisfying all conditions of the architectural review board. The commission shall act
on each application within the time periods established in section 32.4.2.6. The commission shall
approve each application, without conditions, once it determines that all of these requirements
have been satisfied. If the commission denies an application, it shall identify which requirements
were not satisfied and inform the applicant what needs to be done to satisfy each requirement."
The applicant has submitted an application that satisfies the requirements set forth in Section
5.1.40(a) and performed a balloon test at the location of the proposed facility (Attachment E).
This site does not fall within the Entrance Corridor, and therefore Architectural Review Board
approval is not required.
Section 5.1.40(d)(1): The facility shall comply with subsection 5.1.40(b) and subsection
5.1.40(c)(2) through (9).
Staff has determined that the proposed facility's location complies with all of the exemptions of
Section 5.1.40(b) and the proposed equipment meets all relevant design, mounting and size
criteria that are set forth in Section 5.1.40(c)(2) and (3). The remainder of subsection (c)
provides requirements that are subject to enforcement if the facility is approved.
2. Section 5.1.40(d)(2): The site shall provide adeauate obbortunities for screening and the
facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless
of their distance from the facility. If the facility would be visible from a state scenic river
or a national park or national forest, regardless of whether the site is adjacent thereto, the
facility also shall be sited to minimize its visibility from such river, park or forest. If the
facility would be located on lands subject to a conservation easement or an open space
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easement, the facility shall be sited to so that it is not visible from any resources
specifically identified for protection in the deed of easement.
The proposed facility includes a monopole that would have a height of approximately 1,109 feet
above mean sea level (AMSL). The proposed tower site is heavily screened by trees and
vegetation. During a field visit, staff observed that a red balloon floated at the height of the
proposed monopole was slightly visible near the top of the treeline from a location interior to the
subject parcel. However, when this site was viewed from locations outside of the property,
including points along U.S. Route 29 and State Route 745 (Arrowhead Valley Road), the
balloon's appearance was barely noticeable from several points of observation. This was due to a
combination of the topography surrounding the subject parcel and prominent tree presence
immediately surrounding the site.
This site is not located on property that is subject to a conservation easement, and is not in an
agricultural and forest district. Staff has identified the nearest conservation easement, which is
located approximately 3,000 feet south, on Tax Map 89, Parcel 15. That easement is held by the
Virginia Outdoors Foundation (VOF).
Based on the information stated above, it is staff's opinion that the site for this proposed facility
provides adequate screening of the facility. Its visibility is negligible from various off -site vantage
points and resources on the subject parcel.
3. Section 5.1.40(d)(3): The facility shall not adversely pact resources identified in the
county's open space plan.
Staff recognizes resources that have been identified as being potentially impacted by this request
are forests, historic sites, and mountains. Mountains are categorized as major open space systems
that provide scenic views, naturally forested areas and wildlife habitat, and are recommended for
protection in the Rural Areas. Due to the limitations that the zoning ordinance places upon the
amount of disturbance that can be made in order to install personal wireless service facilities, and
given the minimal visibility created during balloon test observations, staff is of the opinion that
approval of this facility would not negatively impact the forests on the subject parcel, or that of
adjacent parcels. Further, staff visited two nearby properties know to have historic resources and
the balloon was not visible.
At approximately 1017 feet above sea level, this site is located within the Mountain Overlay
District for the Dudley Mountains, which starts at the 1000 foot contour interval. Chapter 2 of
the Comprehensive Plan provides several general standards for protecting the mountainous
resources that are very similar to the goals set forth in the Wireless Policy. These goals include
minimizing clearing, locating structures to make them unobtrusive in the landscape, and designing
structures to blend in with the terrain surrounding the site. Because the ground at this site is level
and access has already been established, no clearing or significant grading is necessary for
installation of the facility. The balloon test indicates that the monopole would only appear as a
minor feature among the treetops and would have very limited visibility from most locations
outside of the boundaries of the subject parcel. This is mainly a result of the presence of tall trees
and vegetation surrounding the proposed facility site. Therefore, it is staffs opinion that a facility
at this site would not impose any significant visual impacts upon any important open space
resources.
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4. Section 5.1.40(d)(4): The facility shall not be located so that it and three (3 ) or more
existing or approved personal wireless service facilities would be within an area comprised
of a circle centered anywhere on the ground having a radius of two hundred (200) feet.
There are no existing personal wireless service facilities located within a two - hundred (200) foot
radius of the proposed facility. The nearest personal wireless service facility is more than one-
mile south of the proposed site.
5. Section 5.1.40(d)(5): The maximum base diameter of the monopole shall be thirty (30)
inches and the maximum diameter at the top of the monopole shall be eighteen (18)
inches.
Notes on the construction plans for this facility propose a monopole that will have base and top
width dimensions that comply with the maximum width requirements for treetop monopoles
serving Tier II facilities.
6. Section 5.1.40(d)(6): The ton of the monopole. measured in elevation above mean sea
level, shall not exceed the height approved by the commission. The approved height shall
not be more than seven (7) feet taller than the tallest tree within twenty -five (25) feet of
the monopole, and shall include any base, foundation or rg ading that raises the pole above
the pre - existing natural ground elevation; provided that the height approved by the
commission may be up to ten (10) feet taller than the tallest tree if the owner of the facility
demonstrates to the satisfaction of the commission that there is not a material difference in
the visibility of the monopole at the proposed height, rather than at a height seven (7) feet
taller than the tallest tree; and there is not a material difference in adverse impacts to
resources identified in the county's open space plan caused by the monopole at the
proposed height, rather than at a height seven (7) feet taller than the tallest tree. The
applicant may appeal the commissioner's denial of a modification to the board of
supervisors as provided in subsection 5.1.40(d)(12).
The proposed monopole would be 7 feet ASL taller than the 85 -foot tall deciduous reference tree,
identified on sheet C -4 on the applicant's construction plans, and located 25 feet south of the
proposed pole location. This is in compliance with Section 5.1.40(d)(6).
7. Section 5.1.40(d)(7): Each wood monopole shall be a dark brown natural wood color:
each metal or concrete monopole shall be painted a brown wood color to blend into the
surrounding trees. The antennas, supporting brackets, and all other equipment attached to
the monopole shall be a color that closely matches that of the monopole. The round
equipment, the ground equipment cabinet, and the concrete pad shall also be a color that
closely matches that of the monopole, provided that the ground equipment and the
concrete pad need not be of such a color if they are enclosed within or behind an approved
structure, fagade or fencing that: (i) is a color that closely matches that of the monopole,
(ii) is consistent with the character of the area; and (iii) makes the ground equipment and
concrete pad invisible at any time of year from any other parcel or a public or private
street.
The applicant is proposing the installation of a facility with a wood monopole. In accordance
with Section 5.1.40(a)(4)(d) the applicant has provided a sample paint chip and a note on the
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construction plans indicating that all of the equipment, including the cabinets, antennas,
monopole, coax lines, pad and other equipment associated with this PWSF, will be painted with
Sherwin Williams "Java Brown ", # SW 6090, which is a matte enamel.
Section 5.1.40(d)(8): Each wood monopole shall be constructed so that all cables, wiring
and similar attachments that run vertically from the ground equipment to the antennas are
placed on the pole to face the interior of the property and away from public view, as
determined by the agent. Metal monopoles shall be constructed so that vertical cables,
wiring and similar attachments are contained within the monopole's structure.
Schematic drawings provided in the construction plan packet indicate that the vertical wires
extending from the ground equipment to the antennas would be run up the east side of the
monopole, facing away from the access road from an interior perspective, and, on a larger scale,
facing away from Route 29.
9. Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996:
The regulation of the placement, construction and modification of personal wireless
facilities by any state or local government or instrumentality thereof shall not prohibit or
have the effect of prohibiting the provision of personal wireless services.
The Telecommunications Act addresses concerns for environmental effects with the following
language, "No state or local government or instrumentality thereof may regulate the placement,
construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities comply with
the Commissions' regulations concerning such emissions." In order to operate the proposed
facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These
requirements will adequately protect the public health and safety.
No additional information has been provided to demonstrate the availability, or lack thereof, of
any other alternative sites on other properties to serve the areas that would be covered by the
proposed facility at the current site. Therefore, it is staff's opinion that the denial of this
application would not have the effect of prohibiting the provision of personal wireless
communication services.
SiTMMARV-
Based on the design of the proposed facility and the observation of the balloon tests, staff has
identified no significant, unfavorable visual or environmental impacts that would result from the
approval of this request as currently proposed. Therefore, staff recommends approval of this
request as proposed.
In the event that the Planning Commission chooses to deny this application staff offers the
following comment:
In order to comply with Section 5.1.40(d) of the Zoning Ordinance, the Planning Commission is
required to provide the applicant with a statement regarding the basis for denial and all items that
will have to be addressed to satisfy each requirement.
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ATTACHMENTS:
A - Application, plans and other information.
B - Tax and aerial location maps.
C - Staff balloon test photos.
D- Topographical map.
E- Three - dimensional site illustration.
C