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HomeMy WebLinkAboutSDP200700118 Legacy Document 2007-12-11Hand - delivered November 26, 2007 TO: Megan Yaniglos, Planner County of Albemarle Department of Community Development 401 McIntire Road North Wing Charlottesville, Virginia 22902 RE: SDP - 2007 -118 — Vlawyer Property ( "Thackers Lane") i Verizon Tier 11 PWSF Critical Scopes Waiver Request Dear 1vleaan Verizon Wireless is submitting this request to allow disturbance of critical slopes for the installation ofthe proposed Tier It Personal Wireless Service Facility ( "PWSF '* or "facility ") in response to the site review comments. The facility site is approximately 3,600 square feet in area, which is less than one percent (I%) ofthe property's total area. Approximately 1620 square feet (45 %) of the site area are in critical slopes and approximately 960 square feet (59.25%) of those slopes will be affected by the grading and till activity necessary to establish the proposed finished grade level will consist of within the lease area. Areas of critical slopes have been identified on sheet C -2A of the site plan, and Verizon Wireless will address the five health, safety and welfare concerns that are set forth in Section 4.2 of the Ordinance below: Rapid andior large scale movement of soil and rock During construction the site will be stabilized using erosion control measures outlined in the plan set, including a silt fence that will keep soil and rock within the site area. Excessive storniv ater run -off The finished surface ofthe facility site will be pervious, consisting of a layer of gravel over a meshed layer of geosynthetic fibers that will allow much ofthe stormwater to drain back into the ground instead of flowing off -site. Other areas surrounding the site including a downhill portion within the lease area and just outside ofthe compound will remain wooded and veg =etated with existing grass and underbrush. Mav,yer ( "Thackers Lane ") - Verizon Vdireless Critical Slopes November 26, 2007 Page 2 Siltation of natural and man -made bodies of water No existing bodies of water have been identified on the subject parcel and the proposed PVF`SF site accounts for a very minute portion of the property. A silt fence will be maintain on -site durma construction and the proposed compaction combined with a layer of geosynthetic fiber will help stabilize the soils below the gravel in the Lease area. These factors combined with the amount of vegetation remaining downslope from the facility will ensure that silt does not travel to streams or ponds on any nearby properties. Loss of aesthetic resource Based on the results of the balloon test this site has been shown to have an ample amount of backdrop provided by the trees and mountain on the northern side of the site. Because of the limits placed on tree clearing for the installation of Tier II facilities, a large amount of vegetation will remain around the site after construction. Dave Rosene. a Certified Arborist with VanYahres Tree Company is preparing a certified arborist report that will provide the recommended methods of protecting trees that have been identified to remain at this site. upon completion the final report and tree conservation methods will be submitted to the Countv. Greater travel distance of se tic 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(b) allows the Planning Commission to waive the restrictions on disturbing critical slopes upon finding the following (in part): 1. A strict application of these rp ovisions would not forward the -)ses of the Zoning Ordinance Critical slopes regulations in the Rural Areas are mainly focused toward ensuring that adequate building sites can be attained. Section 5.1.40(b)(I ) states, — Notwithstanding section 4.2_33,1 of this chapter, a facility may be located in an area on a lot or parcel other than a building site." Therefore, the building site requirements related to critical slopes are not considered to be relevant to PWSFs. The site of the proposed facility was chosen because it provides access using an existing road and a clearing that will help to minimize land disturbance and tree removal. The proposed facility complies with the siting and design requirements that are intended to limit the vismal impacts ofTier II PWSFs. Therefore, a strict application of the critical slopes provisions in this case would not further the purpose of the Ordinance as it applies to these facilities which are allowed by- right. Mawyer ( "Thackers Lane ") - Verizon Wireless Critical Slopes November 2E, 2007 Page 3 Restriction of the use of the property due to topography Because this site is Located on the slope of a mountain, some disturbance of critical slopes will be necessary in order to instals the facility so that there is adequate screening in front and backdrop behind it. Modification or waiver would serve a greater public purpose The placement of proposed Tier It PWSF in an area where critical slopes exist will allow Verizon Wireless to take advantage of the County's preference for siting facilities so that there is a backdrop of trees behind the monopole. Since the adoption of the wireless policy there have been several other Tier Il PWSFs approved for the same reasons in other areas where critical slopes are present. This allowance has also been demonstrated to help limit the visual impacts of the two existing facilities that are located on the parcel. Conclusion: The concerns and requirements for granting a critical slopes waiver are considered and addressed generally through an application of the zoning ordinance requirements. Furthermore, Verizon Wireless has addressed the concerns in a more site - specific manner using the proposed site design, tree conservation and construction techniques. Therefore, we appreciate your thoughtful consideration in analyzing this modification request for consistency with the critical slopes regulations. Please contact me at your earliest convenience, if you should have any questions or will require any additional information. Sincerely, Stephen Waller, AICP Zoning—Manager Wireless Resources, inc. Consultants to Verizon Wireless