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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07 -064: Verizon
Staff: Megan Yaniglos, Brent Nelson
Wireless — Mechums River/ Barrell Estate
Planning Commission Public Hearing:
Board of Supervisors Hearing:
September 4, 2007
N/A
Owners: Herbert Crafts Barrell Estate, C/O
Applicant: Cellco Partnership D /B /A Verizon
Frances Barrell
Wireless
Acreage: 34.23 Acres
Rezone from: Not applicable
(Lease Area: 2,182 square feet)
Special Use Permit for: Not applicable
TMP: Tax Map 72, Parcel 43B
By -right use: RA, Rural Areas and EC,
Location: South of Crozet at the end of
Entrance Corridor Zoning
Shelton Mill Road (Route 683), between the
end of state maintenance and 1 -64.
Magisterial District: White Hall
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - X RA -
Proposal: Proposal to install a Tier 11
Comp. Plan Designation: Rural Area in
personal wireless service treetop facility
Rural Area 3
with 109 -foot tall steel monopole tower
Character of Property: Pasture/ agricultural
Use of Surrounding Properties: Single -
field and forested land; The site also contains
family Residential and Agriculture
two existing personal wireless facilities.
Factors Favorable:
Factors Unfavorable:
1. No clearing or significant grading is
none
necessary for installation of the facility
because the access has already been
established.
2. The lease area for the ground equipment
and monopole is not located on critical
slopes or other significant features
identified in the Open Space Plan.
3. The Architectural Review Board has
approved the location.
4. Two existing monopoles are established
within proximity to the proposed
monopole.
RECOMMENDATION:
Staff recommends approval.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
Megan Yaniglos; Brent Nelson
September 4, 2007
SDP 07 -064: Mechums River/ Barrell Estate- Verizon
Wireless
Herbert Crafts Barrell Estate, C/O Frances Barrell
APPLICANT: Cellco Partnership D/B /A Verizon Wireless
PROPOSAL:
This is a proposal to install a Tier II personal wireless service treetop facility (Attachment A).
The proposed facility consists of a 109 -foot tall steel monopole, painted with Sherwin Williams
Java Brown, which is a matte enamel color that has been previously approved as an appropriate
color for Tier II facilities at other sites in Albemarle County. The top elevation of the monopole
is 729 feet, measured above sea level (ASL). The proposed monopole will be 4 feet higher than
the identified reference tree located 40 feet southwest of the lease area. The monopole will be
equipped with an array featuring three (3) flush - mounted panel antennas, as well as a two (2)
foot long lightning rod. Supporting ground equipment will be contained within a prefabricated
equipment shelter measuring 12'x30' at the base of the tower. This shelter will be surrounded by
a six foot tall screening fence which will also be painted matte brown.
The lease area for the proposed facility is located on property described as Tax Map 72, Parcel
43B, which is approximately 34 acres and is zoned RA, Rural Areas and EC, Entrance Corridor
(Attachment B). The site is located south of Crozet at the end of Shelton Mill Road (Route 683),
between the end of state maintenance and I -64.
This application has been submitted in accordance with Section 10.2.1(22) of the Zoning
Ordinance, which allows for Tier II wireless facilities by right in the Rural Areas.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Area in Rural Area 3.
CHARACTER OF THE AREA:
The proposed site is located on a hillside approximately 940 feet north of the I -64 right -of -way at
the Mechums River Crossing, 100 feet above the westbound lane. The proposed lease area is
situated in close proximity to two (2) existing wireless facilities (T- Mobile, Alltel) and is
adjoined along the south edge by a tree line running down the hillside.
The parcel includes a residence with outbuildings and other farm structures. All properties
adjacent to the subject parcel are zoned Rural Areas (RA). The nearest dwellings to this site are
750 feet away to the northeast of the site.
PLANNING AND ZONING HISTORY:
SP 99 -062 CFW CV Route 638 / Interstate 64 (T- Mobile) Approval granted for request to install
a 95- foot tall monopole tower with associated equipment cabinet. This tower is still in place and
will remain after installation of the new facility.
SP 00 -029 Alltel/ Mechums River Approval granted for request to install a 95- foot tall
monopole tower with associated equipment cabinet. This tower is still in place and will remain
after installation of the new facility.
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), "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 has performed a balloon test at the location of the proposed facility (Attachments C
and D). The Architectural Review Board reviewed this request for compliance with the
County's design guidelines for the entrance corridor and recommended approval.
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.
3
Section 5.1.40(d)(2): The site shall provide adequate opportunities 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 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 729 feet
above sea level (ASL). The height of the reference tree is approximately 725 feet ASL and is
located 40 feet southwest of the proposed monopole. The existing Alltel monopole tower has an
approximate height of 661 feet ASL. The existing T- Mobile monopole has an approximate
height of 590 feet ASL. During the site visit, staff observed a test balloon that was floated at the
approximate height of the proposed monopole. The balloon was visible from the I -64 entrance
corridor, but minimally so. When visible, it was seen for a short distance from the westbound
lane through trees and from the eastbound lane above trees. The trees did not provide a backdrop
for the balloon, so when it was visible, it was sky -lit. The low level of its visibility is not
expected to have a negative impact on the I -64 entrance corridor.
Based on the information above, it is staff's opinion that the proposed facility will be minimally
visible from adjacent parcels and streets.
Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county's
open space plan.
Staff's analysis of this request addresses the concern for the possible loss of aesthetic or historic
resources. The proposed lease area is not delineated as a significant resource on the Open Space
Plan Map (Attachment F). In addition, the installation of this tower within the 2,182 square foot
lease area will not require the removal of any existing trees, according to the applicant.
Therefore, staff believes there is no significant loss of resources related to the installation of the
tower.
The County's wireless service facilities policy encourages facilities with limited visibility,
facilities with adequate wooded backdrop, and facilities that do not adversely impact Avoidance
Areas (including Entrance Corridors and historic resources). The proposed pole is expected to be
visible for a relatively short period of time when traveling on I -64 (an entrance corridor). The
degree of visibility is not expected to have a negative impact on the EC based on these findings.
The Architectural Review Board has approved the location with conditions (Attachment G).
Therefore, staff feels the visibility of the monopole will not adversely impact the resources of the
entrance corridor or historic districts.
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 two existing personal wireless service facilities located adjacent to the lease site for the
proposed facility.
El
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 a base
dimension of maximum 30 inches and top dimension of maximum 18 inches. These dimensions
comply with the maximum width requirements for treetop monopoles serving Tier II facilities.
Section 5.1.40(d)(6): The top 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 grading 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).
As mentioned previously in this report, the proposed monopole that would have a height of
approximately 729 feet above sea level (ASL). The height of the reference tree is approximately
725 feet ASL. Therefore, since the proposed monopole is only four (4) feet taller than the tallest
tree within twenty -five (25) feet, the proposed monopole meets this requirement.
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 ground 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, facade 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 metal monopole. The proposed
color for the tower and for the screening fence is a brown paint that has been used previously in
Albemarle County. A note on the construction plans identifies the proposed flat dark brown
color of the antennas, ground equipment, and antennae for this facility as Java Brown,
manufactured by Sherwin Williams.
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.
0
Schematic drawings provided in the construction plan packet indicate that the vertical wires
extending from the ground equipment to the antennas shall be contained within the monopole
structure.
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.
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.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. No clearing or significant grading is necessary for installation of the facility because the
access has already been established,
2. The lease area for the ground equipment and monopole is not located on critical slopes
or other significant features identified in the Open Space Plan.
3. The Architectural Review Board has approved the location based on lack of visibility
from the I -64 Entrance Corridor.
4. Two existing monopoles are established within proximity to the proposed monopole.
Factors unfavorable to this request include: none
Staff recommends approval for this submittal.
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.
ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C1
C. Applicant Justification Letter
D. Balloon photos at proposed location
E. Balloon view from I -64
F. Composite Map from Open Space Plan
G. ARB action