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HomeMy WebLinkAboutSE202000006 Correspondence 2020-11-17• GDNsit November 10th, 2020 TO: Christopher Perez, County of Albemarle - Department of Community Development 401 McIntire Road, North Wing Charlottesville, VA 22902 RE: Verizon Wireless - Scruby Property — Tier III - Personal Wireless Service Facility - Special Exception Request for Critical Slope Waiver on Rural Areas (RA) Parcel Dear Christopher, This letter is being submitted pursuant to section 4.2 as a request for approval of a Special Exception to allow disturbance of critical slopes for the installation of a Personal Wireless Service Facility ("PWSF"). The project compound, which consists of 1,600 square feet in area, when combined with the access road, equals 3,900 square feet of total disturbed area. Approximately 340 square feet (21.25%) of the total disturbed area is in critical slopes, and those slopes are located entirely within the proposed access road to the PWSF. This slope was man made, created when the parent parcel was split during the interstate 64 construction project. In addition, 940 square feet of critical slopes will be created during the construction of the proposed access road. Areas of critical slopes have been identified, and Verizon Wireless will address the following health, safety, and welfare concerns set forth in Section 4.2.5(a)(1) of the ordinance: Rapid and/or large scale movement of soil and rock During construction, the site will be stabilized using erosion control measures outlined in the plans, including a silt fence that will keep soil on the parent property. Excessive stormwater runoff The finished surface of the site will be semi -pervious, consisting of gravel over a meshed layer of synthetic fabric. This combination of gravel and fabric placed over compacted subgrade soil will allow stormwater to drain back into the ground instead of flowing off -site. Siltation of natural and man-made bodies of water No existing bodies of water have been identified on the subject parcel and the proposed PWSF site accounts for a small portion or 4.4% of the property's overall area, which contains a total of 1.10 acres. The proposed compaction combined with the layer of synthetic fabric below the gravel will stabilize soil within the lease area and the access road. These factors, combined with the vegetation to remain around the facility and road will help to ensure silt does not travel to water features on nearby properties. Loss of aesthetic resources The limits placed on tree clearing for the PWSF are intended to ensure that trees important for screening and camouflaging the facility will remain intact. The location of the access road was chosen to ensure only six (6) trees needed to be removed to install the access road. Other options were explored that would limit the need for this waiver, but numerous large trees would need to be removed to install such access options. 513 Stewart Street Suite E Charlottesville, VA 22902 • GDNsit Van Yahres tree company will prepare a certified arborist report in order to determine the methods of protecting trees that have been identified to remain at this site, and, once the final report is completed, it will be submitted to the County prior to building permit submittal. Greater travel distance of septic effluent This will be an unmanned facility that will not have a septic system or any other form of plumbing. Therefore, the concern for possible impact on the travel of septic effluent is not relevant to this request. Section 4.2.5(a)(3) allows the commission to waive the restrictions on disturbing critical slopes upon finding the following (in part): a. Strict application of the requirements of section 4.2 would not forward the purpose or otherwise serve the public health, safety, or welfare. Critical slopes regulations in the Rural Areas are largely focused on ensuring that adequate building sites can be attained for dwellings or other uses dependent on sewage systems without large -scaled, adverse impacts to critical slopes.. Section 5.1.40(C)(1) states, "Notwithstanding section 4.2.3(a), a facility is not required to be located within a building site." Therefore, the building site requirements related to critical slopes are not relevant to PWSF's. The proposed facility complies with the design and siting requirements for Tier II PWSF's in order to minimize visual impacts. Therefore, a strict application of the critical slopes provision would not further the purpose of the zoning ordinance as it applies to this PWSF. b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree. Any alternatives that would satisfy the conditions of this ordinance would require the need to remove more than the six (6) trees proposed to be removed to construct the access road for the proposed PWSF or would require a new entrance to be installed along Greenwood Station Road. Therefore, the entrance road as designed would have the least amount of impact on natural resources without causing soil/rock movement, excessive storm water runoff, or other disturbances. c. Due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties. Any alternative to bypass the critical slopes would require the need to remove more than the six (6) trees proposed to be removed to construct the access road for the proposed PWSF or would require a new entrance to be installed along Greenwood Station Road. d. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. Since the adoption of the wireless policy there have been several other Tier II and Tier Ill treetop PWSF's approved in areas where critical slope disturbance is necessary. These approvals are normally granted when it can be demonstrated that the overall goals for 513 Stewart Street Suite E Charlottesville, VA 22902 • GDNsit minimizing visual impacts are addressed and disturbance of critical slopes is limited to the minimum amount as necessary. The location of the proposed road will give the most direct route into the site, without creating additional tree removal or a new entrance installation. Conclusion When considering critical slopes disturbance in relationship to Personal Wireless Service Facilities, the requirements and policies for minimizing the visual impacts of the PWSF's have been instrumental in guiding the decisions to grant waivers. In this case, critical slopes disturbance is very minimal and Verizon Wireless will utilize the proposed site design, tree conservation, and construction techniques to address the requirements of Chapter 4.2 in a more site -specific manner. Therefore, we appreciate your thoughtful consideration in analyzing this modification request for consistency with the critical slopes regulations. Please not hesitate to contact me at your earliest convenience if you should have any questions, comments or concerns, or will require any additional information for the review and approval of this request. Sincerely, A)17V_ 4- Nathan Holland Senior Site Development Manager GDN Sites — Consultant to Verizon Wireless Phone: 757-305-8420 nathan. holland(a,gdnsites.co m 513 Stewart Street Suite E Charlottesville, VA 22902