HomeMy WebLinkAboutVA199900012 Review Comments 1999-06-01 STAFF PERSON: Jan Sprinkle
PUBLIC HEARING: June 1, 1999
STAFF REPORT VA-99-12
OWNER/APPLICANT: Southern Sun, Inc, owner/Triton PC, applicant
TAX MAP/PARCEL: 78/45A
ZONING: RA, Rural Areas, and EC, Entrance Corridor
ACREAGE: 0.69
LOCATION: The eastern-most quadrant of the intersection of Rt. 250 and
164, to the rear of the Ramada Inn
TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from
Section 10.4, Area and Bulk Regulations, which requires a 75-foot front and 25-foot side
setback. Variances of 59 feet and 9 feet, respectively, are requested to allow to allow a
telecommunications facility 16 feet from the right-of-way of 164 and 16 feet from the side
property line. The facility will consist of a "tree-top height" wooden pole, attached
antennas, and the appurtenant electrical and telephone items necessary for operations.
RELEVANT HISTORY: None.
STAFF INTRODUCTION AND QUALIFYING CONDITIONS: This is the third known
tower request that meets the criteria for towers based on the combination of the ideal
topography for a wireless communications tower and the County's policy of more, tree-
top height poles that must be located closer to the roads that they serve and the use of
treed areas to screen the towers, mitigating the visual impact on our citizens and
visitors. Planning staff has found that although this request has responded to and met
the recommendations of the Planning staff, Planning Commission and the Board of
Supervisors, it conflicts with our setback regulations. In order to meet these needs, a
variance is requested to allow the pole to be located within 16 feet of the right-of-way of
Interstate 64 and 16 feet from the side property line. Planning and Zoning staff are
working on language to add to the yet-unadopted wireless design manual that will allow
the Planning Commission to precisely locate these structures in the least visually-
obtrusive location without having to abide by the same setbacks as dwellings and other
primary structures. If adopted, staff will follow through with the ordinance changes to
effect the policy. This will maintain control of the use and location of the towers while
allowing our citizens to have full coverage along our rural highways for their cellular
phones and personal communications systems.
GENERAL CRITERIA COMMENTS: Under State Code section 15.2-2309, the Board
of Zoning Appeals may authorize a variance from the terms of the ordinance when it is
not contrary to the public interest, if owing to special conditions a literal enforcement of
the provision will result in unnecessary hardship. In authorizing a variance, the Board
may consider the "exceptional topographic conditions or other extraordinary situation or
condition of such piece of property, or the use or development of property immediately
Variance Report, VA 99-12 2 June 1, 1999
adjacent thereto." In this case, the parcel was selected partly due to its topographic
features which are excellent for siting a tower and its location adjacent to Interstate 64
which currently has problems with mobile telephone coverage. The specific site on the
parcel was selected because it meets the "to-be-adopted" county policy regarding
minimization of visual impact to the adjacent properties and to the residents and tourists
traveling our roadways. The "other extraordinary situation" is that the only area with
trees that meets the County's policy is within both the front and side setbacks. There is
only one place that has sufficient tree coverage and vegetation to screen the tower from
both 164 and the one house visible from the parcel. To require the setbacks to be
maintained would cause the tower to be located in an open area where it would not
meet the policy and therefore, would probably not be granted the special use permit
necessary to have the use available. Therefore, the strict application of the terms of the
ordinance would unreasonably restrict the use of the property. Granting the variance
would alleviate that hardship and meet the county's goal of providing mobile phone
service.
At this point, the hardship is not shared generally by other properties in the same zoning
district and the same vicinity—only three properties in the entire county are involved
now and two have received variances. Staff hopes an amendment to the ordinance will
be adopted before more such applications come along. In the meantime, staff opinion
is that granting the variances will be in harmony with the intended spirit and purpose of
the ordinance and certainly with the stated telecommunications policy.
In this request, the parcel is vacant. The lease area is in a clearing between a stand of
old hardwoods adjacent to 164 and a row of Virginia pine, cedar and other scrub
vegetation along the roadway serving the main portion of the property. If the applicant
were required to meet the setback on this parcel, the tower would have to be
constructed in a wide-open area, in plain view of the adjacent house that would be only
about 100 feet away.
The topography of this parcel with its 500-foot elevation enables this site to work for
receiving and transmitting. The site of the tower is approximately 20-25 feet above the
roadbed of the interstate. The lay of the land is such that there are no obstructions in at
least a 180° radius even back to the Rt. 250 corridor.
APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance
criteria provided by the applicant and comments by staff follows:
Hardship
The applicant comments that the variance is necessary:
• The parcel does not actually front onto 164. Access to the parcel, which is located
behind the Ramada Inn, is via a private road.
• The actual roadway for the interstate is well in excess of 75 feet from the proposed
wooden pole.
II COB_11VOL31DEPT1Building&ZoninglReports\VA99-12.doc
Variance Report, VA 99-12 3 June 1, 1999
• Locating the antennas further back from the right-of-way will require locating the
antennas on a higher structure (possibly a tower, instead of a pole) and, therefore,
conflicts with County policy to promote lower structures for wireless facilities.
Staff finds that the topographic necessity of the siting of a tower; the location of the
roads that need to be served; and finally, the County policy of shorter wooden poles
close to the roads, unreasonably restricts the use of this property. If the setback
regulation is strictly applied, the special use permit will not be granted.
1. The applicant has provided evidence that the strict application of the
ordinance would produce undue hardship.
Uniqueness of Hardship
The applicant notes:
• The parcel in question is only a 0.69 acre parcel. It is unusually shaped and does
not have a configuration or possess characteristics similar to other properties in the
district or in the same vicinity.
Staff finds that this application is unique to this and two prior cases mentioned in this
report and is due to the county's new policy on telecommunication facilities. There are
no other current situations where the PC's and BOS'policy dictates use of a site that is
within a required setback.
2. The applicant has provided evidence that such hardship is not shared
generally by other properties in the same zoning district and the same
vicinity.
Impact on Character of the Area
The applicant offers:
• Because the district surrounding the property lies along an interstate and is
surrounded by a variety of mixed uses and signage, the character of the district
surrounding the property will not be affected.
Staff agrees that the addition of the wooden pole style tower and its appurtenances will
not change the character of the district. By keeping it in the treed area, the visual effect
will be minimized to the greatest extent possible. Further, if the setbacks were
maintained and the tower were allowed to be placed in the open area, out of the
setbacks, it may change the character of the district as it relates to the adjacent
dwelling.
3. The applicant has provided evidence that the authorization of such
variance will not be of substantial detriment to adjacent property and that
the character of the district will not be changed by the granting of the
variance.
11COB 11VOL31DEPT\Building&ZoninglReports\VA99-12.doc
Variance Report, VA 99-12 4 June 1, 1999
STAFF RECOMMENDATION: Since all three criteria have been met, staff
recommends approval. If the Board agrees, staff recommends the following conditions
to minimize the visual effects and to insure that the tower stays within a treed area:
1. A tree conservation plan (or photographic documentation) identifying all trees that
have a diameter of three (3) inches or greater on the same parcel as the tower site
shall be prepared by the applicant and submitted with the building permit application
for the tower. The plan should note any trees to be removed to make space for the
tower and its appurtenances, including the driveway;
2. The cutting of trees shown on the plan is prohibited as long as the tower exists; and,
3. Removal of tree limbs of the remaining trees shown on the plan is prohibited unless
recommended by an arborist for the health of the tree or required by a public utility.
\\COB_11VOL31DEPT\Building 8 ZoninglReports\VA99-12.doc
VICINITY MAP WALL"" ILtGEND /�`\ TRITON
1'CONTOUR INTERVAL (lo/�/ I `\\O
------ 5'CONTOUR INTERVAL , , PCS Inc .
- - - - PROPERTY UNE // I
_ EXSTNG OVERHEAD WIRES ( �� /� STONE
\ 1 Q CENTER OF PROPOSED FASc AREA BWN 9211 ARBORETUM PARKWAY
EXISTING CHNNUNK FENCE \
\ I + /�/
. . • s EXISTING WIRE FENCE \ In (FOUND) SUITE 200
I Et0STING uTIUTY POLE �>`\ VO// RICHMOND, VA 23236
♦ CONTROL POINT(IBM) �_. \1// - - - _ . OFFICE: (804) 323-9500
• IRON PIPE(FOUND) * - - MAP#07800-00-00-051 00 J
FAX: (804) 323-1560
• STONE BOUND(FOUND) V - - MILORED SO WELL ANDERSON
ENLARGED COMPOUND IRON PIPE 37"W _ - 2102 HANSEN MOUNTAIN ROAD
NOT TO SCALE (FOUND) S$i53 �\ CHARLOTTESVILLE,VA 22911
- - 153.37 "� �' ZONE ROOK 944 PAGE 740 ATLANTIS GROUP, INC.
g$TA"� g0137D 164 I _ _ : - - - - - - - 810 BOULDER SPRINGS DRIVE/G5
GENERAL NOTES STONE IN'� / , ,// 1 .,� ; $87 35'11"W • / RICHMOND,VA 23225
S80- 23.10' / TEL:(617)965-0789
1.FIELD SURVEY DATE: MARCH 10,1999 (FOUND) N 4 f i. 60.20• y ffiBOON �/ < .. 34'/O E FAX(617)965-0103
. /
2 VERTICAL DATUM: NATIONAL GEODETIC VERTICAL / 00� y/
DATUM OF 1929. _ • !'•h/,,.,c0 af‘f T J��' 'j S 1 �S1' -- /
3.HORIZONTAL DATUM: NORTH AMERICAN DATUM OF , TREE USE / ;]/rye �� 4- / / PROJECT NUMBER: 9917TR1
1983(NAD83� i / .` N. cr, MAP#07800-00-00-045 •
4.CENTER OF PROPOSED LEASE AREA: rw SOUTHERN SUN,INC. li
LATITUDE: N38-01'13.9' , ' 7224 MERRIMAC TRAIL p t5
LONGITUDE:W78-25'325. / VIRGINIA DEPARTMENT / I. VAWAMSBURC,VA 23185DRAWN BY: A B.
GROUND EL.: 514.2'7 ^ OF TRANSPORTATIONGEED BOOK 1090 PAGE 0381401 EAST BROAD S1Rttt / ZONE RA6.OWNER: SOUTHERN SUN.INC. RICHMOND,VA 23219 AREA-0.690 ACRES 77224 MERRIMAC TRAIL / /• APPROVED BY: P.C.
WIWAMSBURG VA 23165
•
IBM.1' / /
IL.6.SITE NAME: RAMADA INN RAAND IR( .. •
7.SITE NUMBER: CV-1-310J EL: 483.8' TgI,1•3' // / 466.
8 SITE ADDRESS: 2097 INN DRIVE /'EL:
R(SET) • s
CHARLOTTESVILLE.VA 22901 5158/9.APPLICANT: TRITON PCS,INC. • 0'
9211 ARBORETUM PARKWAY /
SUITE 200 / / i -
RICHMOND,VA 23236 \
p
\ / / EXISTING e.
10.JURISDICTIOtk AU3EMARLE COUNTY -- *--GRAVEL
11.ZONING DISTRICT: RA ROAD ® 03/12/99 ISSUED FOR REVIEW
MAP/07800-00-00-06000
12 MAGISTERIAL DISTRICT:RIVANNA SOUTHERN SUN.INC. ( 2 NO. DATE REVISION
13.TAX ID: 07600-00-00-045A0 RT.13 BOX 42 / -
CHARLOTTESVILLE,VA 22901 /
14.D®REFERENCE: BOOK 1090 PAGE 038 DEED BOOK 1090 PACE 038
MAP500
15.PLAN REFERENCE: BOOK 514 PAGE 299 j ZAREA=C4.370 ACRES 7 ///1,/\
SOUTHERN7�-���
10.ELEVATIONS AND COORDINATES FROM CPS LOCATIONS 7224 MERRIMAC TRAIL
WIWAMSBURG,VA23185 RAMADA INN RAWLAND
17.ALL UNDERGROUND UTIUTY INFORMATION PRESENTED DEED BOOK 1090 PAGE 038
EON WAS OETERBINED FROM SURFACE EVIDENCEZONE RA
AND PLANS OF RECORD.ALL UNDERGROUND UTILITIES (•� / ` AREA-6.320 ACRES 7
SHOULD BE LOCATED IN THE FIELD PRIOR TO ���• / \\
COMMENCEMENT OF ALL SITE WORK. SITE # C V-1-310 J ATL NO SUBSURFACE INVESTIGATOR BY ARRS
GROUP,INC.
18.ACCORDING TO FEDERAL EMERGENCY MANAGEMENT / \ \ 2097 INN DRIVE
AGENCY MAPS,THE MANOR IMPROVEMENTS IN THIS ®SITE PLAN CHARLOTTESVILLE, VA
PROPERTY ARE LOCATED IN AN AREA DESIGNATED / ,p'yZo \ SCALE 1" = 30' 22901
AS ZONE C AREAS OF MINIMAL FLOODING. . \ >`GG
COMMUNITY PANEL NO.510006 0245 B. NN / ` �rAds` \ tY`�I F. 1'-30'
ALBEMARLE COUNTY,VIRGINIA ATE
EFFECTIVE DATE: DECEMBE 78,191i0. \ �14.'Q, ,fLz{4.\ 0 15 30
NO WETLANDS AREAS HAVE BEEN DELINEATED. �.
19. PROPERTY UNE INFORMATION IS COMPILED FROM \ p 'qp C4,. 1c,Cj \
DEEDS ANO PLANS OF RECORD ANO IS NOT THE \Z{90 y, ?.G _` \
RESULT OF A FULL BWNOARY SURVEY. / \ 1i�
PROPERTY IS SUB.ECT TO ALL EASEMENTS AND (!`Q1. \
RESTRICTIONS OF RECORD.DVS SURI,EY WAS ,1, Q,
BENEFIT OF TITLE REPORT.ARED WITHOUT THE \\` `f9
20.BEARING SYSTEM OF THIS PLAN IS BASED ON GRID \
NORTH.CONVERSION TO TRUE NORTH IS OOro2'40' /// / \ LEGAL DESCRIPTION OF LEASE AREA
CLOCKVASE. / \
\ \ SHEET TITLE
FAA CERTIFICATION \ \ Commencing at the northwesterly corner of locus property
\ at on iron pipe,thence S 80-34'10'E 60.20'to the
northwesterly corner of prepared leave onto. LAND SURVEY
I HEREBY CERTIFY THAT THE LATT%RW.LONGITUDE AND / \ sold point being the POINT OF BEGINNING:
ELEVATIONS PRESENTED HEREON MEET THE REQUIREMENTS / ` \ thence N 80-01'37'E 30.00 fest,
OF THE FM YWTtH THE FOLLOWING ACCURACYS: \ \
+/- TWENTY(20)FEET VERTICALLY thence S 0956'2"E 30.00 feet,
+/- FIFTY(50)FEET HORIZONTALLY \ \ thence S 80-01'37'W 30.00 feet, SHEET NUMBER
/ \ \
DOSTING \ \ thence N 09-58'23.W 30.00 feet,
/ •-•AVEL \
DATE: 03/12/99 / / ROAD \ to the POINT OF BEGINNING Contolnlnq 900 s.f.
9917trI_R1.dwg 3-18-99 9:24:41 am EST
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VICINITY MAP WALL NTS I�.-GEND O /?\\
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1'CONTOUR INTERVAL (lo // \\\O
------ 5'CONTOUR INTERVAL /� I P C S Inc .
- - - - PROPERTY UNE /� I \
OIA _,- OOSI NC OVERHEAD WIRES < '� /� STONE
_ \ I O / CENTER OF PROPOSED LEASE AREA BOUN 9211 ARBORETUM PARKWAY
TING
UNK
■ II M e n
EXISTING WIRENFENCE FENCE \\\ I /// (FOUND) SUITE 200
+ DOSING uT1UTY POLE \r I v // RICHMOND, VA 23236
A CONTROL PONT(TBM) C---t, \ ,/ _
• IRON PIPE(FOUND) */ -- - OFFICE: (804) 323-950016
- MAP/0 7800-00-0 0-051 00 FAX: (804) 323-1560
• STONE BOUND(FOUND) - - MILDRED SOWELL ANDERSON
ENLARGED COMPOUND IRON PIPE -01�3� - - - 210A2�HANS MOUNTAIN OAD
NOT TO SCALE (FOUND) �0 + ice\ DEED BOOK 944 PAGE 740
11
- - 153.37 a' ZONE RA ATLANTIS GROUP, INC.
3T `may _ _ - -
ROU`rE i 84 _ •I - - 810 BOULDER SPRINGS DRIVE/05
�,rR$TA'1'E % _ S87-35'11-W . / RICHMOND,VA 23225
GENERAL NOTES STONE ��. / ' . / I -`� r S8Q- / TEL•(617)965-0789
1.FIELD SURVEY DATE: MARCH 10,1999 BOUN• 4, �� c.g / 6 3¢JQ E- 23.10 / al FAX:(617)965-0103
(FOUND) p:r'>t‘ , / ,e, 9., p2O• WCI2.VERTICAL DATUM: NATIONAL GEODETIC VERTICAL ��DATUM OF 1929. !�/� r � /
3 HORIZONTAL DATUM: NORTH ANERK AN DATUM OF T UNE • / h I &i•�,�� / PROJECT NUMBER: 99171RI
1983(NAD83). , / N. IN MAP#07800-00-0O-045A0
4.CENTER OF PROPOSED LEASE AREA: ry/ SOUTHERN SUN,INC
LATITUDE: N38-01'13 8• �/ b,' 7224 MERRIMAC TRAIL • 1Y15 DRAWN BY: A B.
LONGITUDE:W78-25'32 5 VIRGINIA DEPARTMENT / tNWAMSBURG VA 23185 ��
OF TRANSPORTATION �yF, DEED BOOK 1090 PAGE 038 •GROUND EL:514.7 r 1401 EAST BROAD S1xtt1 / " ZONE RA ,C�/'\N
5.OWNER: SOUTHERN SUN.INC. - RICHMOND,VA 23219 / AREA•0.690 ACRES 7 ry /�'
7224 MERRIMAC TRAIL \ �ry/�� APPROVED BY: P.C.
NIWAMSBURG,VA 23185 �•
`
TBM•1'
6.SITE NAME RAMADA INN RAWLAND IR( \ /
7.Si1E NUMBER: CV-1-310J EL: 483.8' \` IBM•� / / \ S6 `\ /
6.SITE ADDRESS. 2097 INN DRIVE R(SET) / NS.S�• • /
TEL:
CHARLOTTESNLLE VA 22901 515.6/ �`S `9.APPLICANT: TRITON PCS INC. �87,`SO 9 F ;
9211 ARBORETUM PARKWAY \ \ / g
SUITE 200 / - / n
RCHMON0.VA 23236 \ / / QOSTING
10.JURISOCTIOtN ALBEMARLE COUNTY `` ROAD
11.ZONING DISTRICT: RA MAP 0 07800-00-00-06000 ® 03/12/99 ISSUED FOR REVIEW
12.MAGISTERIAL DISTRICT:MANNA SOUTHERN SUN,INC. 73 NO. DATE REVISION
13.TAX ID: 07800-00-00-045A0 RT.13 BOX 42 /
CHARLOTTESVILLE,VA 22901 /
38 14.DEED REFERENCE: BOOK 1090 PAGE 0 DEED BOOK 1090 PAGE 038
ZONE HC / MAP/07800-00-00-04500
15 PLAN REFERENCE BOOK 514 PAGE 299 j AREA 4.370 ACRES 7 / SOUTHERN SUN,INC.
7224 MERRIMAC TRAIL
16.ELEVATIONS AND COORDINATES FROM CPS LOCATIONS / �gP 0 RAMADA INN R A WLA N D
17,ALL UNDERGROUND UTILITY INFORMATION PRESENTED •
D OK 1090 AGE 38
HEREON WAS DETERMINED FROM SURFACE EVIDENCE ZONE RA
AND PLANS OF RECORD.ALL UNDERGROUND UTIUTIES et / \ AREA-6.320 ACRES
SHOULD BE LOCATED IN THE FIELD PRIOR TO A /
SITE # C V-1-310 J
\
COMMENCEMENT OF ALL STE WORK.
NO SUBSURFACE INVESTIGATION BY ATLANTIS
GROUP.INC. •4 \
•
18.ACCORDING TO FEDERAL O,IERGENCY MANAGEMENT 2097 INN DRIVE
AGENCY MAPS,THE MAJOR IMPROVEMENTS IN THIS \ SITE PLAN CHARLOTTESVILLE, VA
PROPERTY ARE LOCATED IN AN AREA DESIGNATED \ 0 22901
AS ZONE C AREAS OF MINIMAL FLOODING. • \ �' \ SCALE 1' = 30'
COMMUNITY PANEL NO.510006 0245 B, �� �.!rp
/ ATE r C„aY- \ SCALE: 1••30'
•
ALBEMARLE`COUNTY,VIRGINIA q_
NO WETLANDS
DATE: DECEMBER 18,1980. / \ .�15.99 \ 0 15 30
NO WETLANDS AREAS HAVE BEEN DELINEATED. 4'�f.-
19.PROPERTY UNE INFORMATON IS COMPILED FROM \\O�{,� rG•C 10-b.,3 �\
D®5 AND PLANS OF RECORD AND IS NOT THE 't7 "A''Y{/�•RESULT OF A FULL BOUNDARY SURVEY. // \ 1`i
PROPERTY IS SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD. J �Q
THIS SURVEY WAS PREPARED 1WTHOUT THE / \ 't9 \
BENEFIT OF TITLE REPORT. \
20.BEARING SraItM OF THIS PLAN IS BASED ON GRID \
NORTH.CONVERSION TO TRUE NORTH IS 0010240• /j / \ \ LEGAL DESCRIPTION OF LEASE AREA
CLOCKWISE. / \
FAA CERTIFICATION • / \\ \ SHEET TITLE
\ Commencing at the northwesterly corner of loan property
\ at on iron pipe them.s eo�4',a•E 80.20 to the
northw LAND SURVEY
est•rty corner of proposed lease area
HEREBY CERTIFY THAT THE LATITUDE.LONGITUDE ANO / \ sold point being the POINT OF EEGINNING:
/ \ \
ELEVATIONS PRESENTED HEREON MEET THE REOUIREMENTS thence N 80-01'37•E 30.00 feet.
OF THE FAA WITH THE FOLLOIWNG ACOJRACYS: • \
+/- TWENTY(20)FEET VERTICALLY thence S 0936'23•E 30.00 feet.
+/- FIFTY(50)FEET HORIZONTALLY / •\ \ thence S 80-01'37'W 30.00 feet, SHEET NUMBER
/ \ \
4, EXISTING \ \ thence N 0938'23•W 30.00 feet. 0- 1
/ / RAVEL \
DATE: 03/12/99 / ROAD to the POINT OF BEGINNING;Containing 900 e.f.
•
9917trI_Rl.dwg 3-18-99 9:24:41 am EST
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° ° CENTER OF PROPOSED LEASE AREA STONE ROUND IFOUNDI
*, / 2� MAP a 07800-00-00-05100
_ _ MILDRED SOWELL ANDERSON
IRON PIPE (FOUND, / j Q1 ;1 W m 2102 HANSEN MOUNTAIN ROAD
SPQ'�' CHARLOTTESVILLE VA 2291,
15: 37 E yV GEED BOOK 944 PAGE f40
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