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VA200000011 Review Comments 2000-05-02
STAFF PERSON: John Shepherd PUBLIC HEARING: May 2, 2000 STAFF REPORT VA-2000-11 OWNER/APPLICANT: Patricia S. Link, owner; CFW Intelos, applicants TAX MAP/PARCEL: 60/81 ZONING: RA, Rural Areas ACREAGE: Lease area of 100 square feet within a 1.322 acre parcel LOCATION: 2804 Magnolia Drive, is on the north side of the road approximately 0.2 miles west of its intersection with Montvue Drive. TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 10.4, Area and Bulk Regulations, which requires a 25-foot front setback from a private road. In order to install two antennae on an existing Virginia Power transmission tower and construct an accessory cabinet, two front setback reductions; one from 25' to 9' from Magnolia Drive and another from 25' to 13' from a private road easement are needed. [In addition to the underlying zoning district setbacks, Section 4.10.3.1 requires that a tower be setback a distance equal to its height. Although the Board of Zoning appeals can reduce the minimum primary structure setbacks required under Section 10.4, the additional setback required based on the height of the tower under Section 4.10.3.1 must be reviewed and acted upon by the Planning Commission. Should the PC fail to approve that reduction, the applicant could then choose to request a variance from that section. It will be reviewed as part of the special permit application. This is not before the BZA presently.] RELEVANT HISTORY: None PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS Tax Map 60, Parcel 81 contains 1.322 acres. There is a fifty foot right of way along the eastern boundary line of the property. There is a dwelling and a 100 foot Virginia Power transmission tower on the parcel. The tower is located approximately 25 feet from the right of way and approximately 9 feet from the right of way for Magnolia Drive. The base of the tower is screened by several white pine trees. STAFF ANALYSIS: With the dwelling, reasonable use has already been established on this parcel. (This type of tower is classified as a primary structure since it is not accessory to any existing use on the property and could be the only use on a parcel.) Variance Report, VA 2000-1P' 2 ' May 2, 2000 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. Although it is not necessary for the owner of this parcel to have a tower on their property in order to enjoy reasonable use, staff can look at the larger problem of siting towers. Lack of adequate coverage is considered by some to be an overall hardship for County residents who want mobile phone service. Granting this variance would address that hardship and meet the County's goal of providing mobile phone service for the general public. The Wireless Telecommunications Design Manual has been through a worksession and a public hearing with the Planning Commission and has been forwarded to the Board of Supervisors with a favorable recommendation. A public hearing for adoption will be scheduled in the near future. If the manual is adopted as it is currently written and changes to the zoning ordinance are adopted as recommended this application for attachment of wireless communication equipment to an existing tower would occasion a tier two review. In that case, this request would require the approval of the Planning Commission, but not a special permit by the Board of Supervisors and not a variance by the Board of Zoning Appeals. All setbacks will then be determined by the Planning Commission. Section 10.2.2 (6) requires a special permit for the location of these antennae on this tower. The review of that request will include consideration of landscaping, screening, color and the like. Zoning staff will have the opportunity to 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: • This is an existing tower structure that violates the front and side yard requirements. The proposed additions will be no closer to the property line than the existing structure. There will be a 10' by 10' compound for placement of two cabinets. Strict application of the ordinance would produce undue hardship because the existing tower would have to be relocated or a new tower would need to be constructed. There is a dwelling on this parcel, so a reasonable use already exists on this property. On that basis, staff can find no undue hardship in this case. However, staff has held the opinion that the County generally supports the provision of appropriately designed and located personal wireless service facilities and may need to make modifications to allow them to be constructed in the specific places that meet the PC's policy. If the hardship to the mobile phone-using public could be considered this request could be found to meet the hardship criteria. However, reasonable use already exists on this parcel, so staff can find no undue hardship in this case. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Variance Report, VA 2000-194°" 3 ,"'''' May 2, 2000 Uniqueness of Hardship The applicant notes: • It is our understanding that this hardship is not generally shared by other properties in the same zoning district or in the same vicinity. The perceived need for wireless communication facilities for the traveling public is not unique. Staff finds that this situation with tower requests is shared so frequently that we are attempting to change the ordinance. 2. The applicant has not 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: • The character of the district will not be changed because the VEPCO tower already exists and we will co-locate on the existing tower. The tower is now visible from many locations in the district. It is staff opinion that the addition of antennae, if conditioned to be the same color as the tower, will not change the character of the district. However, the removal of four trees and the addition of the 10'x 10'fenced compound for the accessory cabinet may have an impact on the immediate neighbors on Magnolia Drive. Staff opinion is that the antennae will have minimal visual impact on the immediate vicinity because they will be located at such a high angle. On the other hand, care should be taken to provide adequate landscaping and screening of the facilities on the ground to lessen the visibility of the tower and the compound enclosing the cabinet. 3. The applicant has not 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. STAFF RECOMMENDATION: Because staff takes the position that an additional primary use is not necessary for reasonable use of the property, we can find no undue hardship and recommend denial. If the Board finds that it is necessary due to the hardship on the general public and the impact to the neighboring parcels is adequately mitigated, we can support the criteria relating to hardship and impact and recommend approval. If the Board approves this request, we recommend the following conditions. 1. This approval is limited to the current application. 2. The color of the antennae shall match the color of the tower. 3. The Zoning Administrator shall approve the screening and landscaping requirements to be recommended by staff as conditions for approval of Special Permit 2000-15. Introduction Summary of Proposed Regulatory Concepts To enhance the implementation of this policy the following review concepts are proposed: - Tier One Review. Administrative approval of Personal Wireless Service Facilities located within an existing structure and having no exterior visibility. - Tier Two Review. Planning Commission approval of Personal Wireless Service Facilities attached to an existing structure or a "Treetop Tower". - Tier Three Review. Special Use Permit review by the Planning Commission and Board of Supervisors of anything other than a Tier One or Tier Two facility. The following regulatory changes are also recommended: - At the time of preparation of this Policy each Zoning District contains minimum setbacks for all structures that can only be varied by the Board of Zoning Appeals. This Policy recommends that the Planning Commission be authorized to modify the setbacks for structures. - At the time of preparation of this Policy the Zoning Ordinance requires that towers be setback from the property line a distance equal to the height of the tower unless a modification is granted by the Planning Commission. This policy recommends that service providers be able to acquire easements around the tower a distance equal to the height of the structure. If this easement is acquired no modification will be needed. If the easement were not obtained the service provider would need to request that the Planning Commission grant a modification. - Minimum submittal standards are recommended. Personal Wireless Service Facilities Policy - Albemarle County - Page 5 Siting Method for addressing setbacks due to the Zoning District Requirements The Zoning Ordinance requires minimum setbacks from property lines for all types of structures. It is recommended that the Zoning Ordinance be amended to allow the Planning Commission to modify the setbacks from the property line. Currently only the Board of Zoning Appeals can reduce the required yard setbacks upon a finding that application of the setback would create an undue hardship, a hardship not shared by other properties zoned similarly and that the variance would not create a substantial detriment to adjacent property. These criteria limit the Board of Zoning Appeals' ability to approve variances and the criteria do not allow board members to consider benefits which may be achieved by reducing the minimum setback. By allowing the Planning Commission to modify the setback, it may be possible to achieve improved siting of personal wireless service facilities. Personal Wireless Service Facilities Policy - Albemarle County - Page 40 `.,\ \/,. J . 09 • . N52 °02 •23f EXIIBITS - `�--. PRESENTED TO j 7P- o n ° ,• • 41 J?0 -. -- T2 . 78. 5 -5 -00 Nt Ol S . W ` /*6 E 10 3. 7 4 q • ,5 • , 1 • ---- • ;• Ov •rh•o Per I!'J y OF ALBEMARLE .� h Tron • rnls • los v' LOT /S N z h` �_h N36 °5t •58"W t r N w w 1. 344 A , . 125 . 35 • o v ! e T. M. 60 . 00. 4''4 0 one 0 may , Jom• s L . Lai r i N6 l °48 •.�o•1v `'9, /. / -. r ` w 0. 8. 46 ° ' i 4 FOND , 'R . _1 x: `, `N O �` o ; . O • hoe Ne5°488ll "W ' t o ? ' y1 ' u Power Lin ! DUE 72 ' 12 LOT l 7 1 . ` ' N ' N45 °41 . 52 • W -.^- 10 D `° • 1. 4 00 AC . `° n To bi d 115 . 00 1 • b• c 1'n 1 _ r.) 7 ck A 1 rh v� 7• ,. ��,0 1 1 57 ° 5 4 N 7 5 °5 1 2? 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Q , i. -.8 1 y I I Dwg By: Prolimi NOTE: H a. Development NEMA 4X — I 0 i- Services INCOMING POWER AND HENNESSY r. T 0 0 I NEMA 4X Date: TELCO TO BE LOCATED CABINET o 0 0 4' x 10' ❑PENING L — — — HENNESSY IN THE FIELD = 0 = o F❑R CONDUIT / CABINET �4iU0 0 0 0 " U7 '/ 0 0 0 (') 0 0 o N Sheet#: 0 0 0 0 0 0 2 1.0'Ill 1 -- = 0 0 _ 0 00 6.0' 6,0' FRONT VIEW POWER CONDUIT o FOR CABINET 10' x 10' CONCRETE PAD 0 U ' 2 — PCSA065-16-2 • ANTENNAS @ 290° AZ ' r---- 2 — PCSA090-13-2 ANTENNAS @ 90° AZ ANTENNA TYPE PCSA090-13-2 PCSA065-16-0 — 117—PR❑POSED 5' EXTENSION AZIMUTH 90' DOWN TILT=O' AZIMUTH 290' DOWN TILT=1' FROM/TO COAX LENGTH (FT)* COAX LENGTH (FT)* CABLE RX/TX CSIZEE RX/TX .60 SIZE ANTENNA TO PRIMARY RADIO 1 5/8" 120' 1 5/8" 120' CABINET * ESTIMATED LENGTHS FROM AVAILABLE INFORMATION. FIELD ENGINEER TO UPDATE ON AS—BUILT DRAWINGS. ANTENNA LINE SCHEDULE CZ 10 X 10 CONCRETE , Q PAD ♦ ` J _ �i NEMA 4X0 IIII El Of fik_ ILO 1 ` / ` HENNESSY Q 11144 ` \V `\\V CABINET — — ,� (SEE SUPPORT '` 1.1 U) DETAILS PG.2) ______ }j' CC 0 SC 611 I,,,,,,,,• (SEE SUPPORT DETAILS PG,2) ' 0 0 0 0 ill y ICE BRIDGE/COAX 100' VIRGINIA TO ANTANNAS Dwg By. PROJECT ,.� POWER TOWER DEVELOPMENT SERVICES Date: 3/04/00 100' VEPCO POWER POLE + 5' Sheet#: EXTENSION 3 TOWER L❑CATI❑N LATITUDE = 38° 04' 06,1' LONGITUDE = —78° 30' 49.8' is 0 a I • A. EQUIPMENT FOUNDATION NOTES: E. CONCRETE COVER AROUND REINFORCING BARS (U.N 0.) SHALL BE .n 1. GENERAL 1 CONCRETE CAST AGAINST AND PERMANENTLY EXPOSED EARTH 3" A. THESE DRAWINGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION 2. CONCRETE EXPOSED TO EARTH, WEATHER 2" SAFETY. 3 SLABS 3/4" 4. ALL OTHER CONCRETE.. 1 1/2" B. CONTRACTOR SHALL DETERMINE EXACT LOCATION OF EXISTING UTILITIES F. UNLESS INDICATED OTHERWISE ON THE DRAWINGS, REINFORCEMENT SPLICES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY SHALL MEET CLASS B, TENSION LAP REQUIREMENTS IN ACCORDANCE WITH ALL AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE UNDERGROUND UTILITIES. PROVISIONS OF ACI 318 LATEST EDITION, UNLESS NOTED OTHERWISE. C. INCORRECTLY FABRICATED, C:AMAGED, OR OTHERWISE MISFITT1NG OR G. CURING COMPOUNDS SHALL CONFORM TO ASTM C-309. NONCONFORMING MATERIALS OR CONDITIONS SHALL BE REPORTED TO THE OWNER H ADMIXTURES SHALL CONFORM TO THE APPROPRIATE ASTM STANDARD AS PRIOR TO REMEDIAL OR CORRECTIVE ACTION. ANY SUCH ACTION SHALL REFERENCED IN ACI-301. REQUIRE APPROVAL. D. EACH CONTRACTOR SHALL COOPERATE WITH THE OWNER'S REPRESENTATIVE, AND I. DO NOT WELD OR TACKWELD REINFORCING STEEL. COORDINATE HIS WORK WITH THE WORK OF OTHERS. J. ALL DOWELS, ANCHOR BOLTS, EMBEDDED STEEL, ELECTRICAL CONDUITS, PIPE 2. DESIGN LOADS SLEEVES, PIPING, INSERTS, GROUNDS AND ALL OTHER EMBEDDED 1" CHAMFER ITEMS AND FORMED DETAILS SHALL BE IN PLACE BEFORE START OF CONCRETE (TYP ALL SIDES) A. ELECTRICAL CABINET. HENNE:SSY EQUIPMENT CABINET 285 LBS PLACEMENT. 9.5' X 11.5' #10 WELDED WIRE MESH K. LOCATE ADDITIONAL CONSTRUCTION JOINTS REQUIRED TO FACILITATE 2" (CLR) CONSTRUCTION AS ACCEPTABLE TO ENGINEER. PLACE REINFORCEMENT EXISTING AND 2" EXPOSED B. PRESUMPTIVE BEARING CAPACITY. 2,000 PSF CONTINUOUSLY THROUGH JOINT. W FINISH GRADE CONCRETE L. REINFORCEMENT SHALL BE COLD BENT WHENEVER BENDING IS REQUIRED. CZ W 6' MINIMUM CONCRETE SLAB 3. EXCAVATIONS/FOUNDATIONQ ooWo 0 0 oog o ° o° o00 ° o °o° ° A. FOUNDATION EXCAVATION SHALL BE HAND—TRIMMED TO REMOVE LOOSE M. COLD—WEATHER PLACING: COMPLY WITH PROVISIONS OF ACI 306 AND AS N °go°ooWog°o 0000go°°o°40e0°0o°°oopOo° o°:°o°o:Oo°opOo°opOo°opOo°o° FOLLOWS. PROTECT CONCRETE WORK FROM PHYSICAL DAMAGE OR REDUCED `D W°pop Oo' o 4°° oW°`o°°oog°°oo°00000 00 000000000o MATERIALS. ;10; 0:0 od4o° p°o�p�po6�p d4o oG�s000g o00o po g iiii oo og:p0&. 66CRUSPHOLDY ON NE (MIN) B. EXTERIOR FOUNDATION BACKFILL SHALL BE SELECTED GRANULAR FILL. TE STRENGTH UTHAT COULD BE CAUSED BY FROST, FREEZING ACTIONS, OR LOW , o °o Wo4o ♦ ` UNDISTURBED SUBGRADE N. WHEN AIR TEMPERATURE HAS FALLEN TO OR IS EXPECTED TO FALL BELOW v UNDISTURBED SUBGRADE (BEDROCK OR C. ALL STRUCTURAL BACKFILL AND SUBBASE UNDER SLABS—ON—GRADE AND 40F(4' UNIFORMLY HEAT WATER AND AGGREGATES BEFORE MIXING Wait STRUCTURAL FILL) FOOTINGS SHALL BE "SW" OR BETTER PER ASTM D-2487 COMPACTED TO A TO OBTAIN A CONCRETE MIXTURE TEMPERATURE OF NOT LESS THAN 50F V MINIMUM 95% STANDARD PROCTOR DENSITY PER ASTM D 698. (10'C) AND NOT MORE THAN 80F(27'C) AT POINT OF PLACEMENT r D. DO NOT PLACE FOOTINGS IN WATER OR ON FROZEN GROUND. 1. DO NOT USE FROZEN MATERIALS CONTAINING ICE OR SNOW. W E. SOIL BEARING SURFACES, PREVIOUSLY ACCEPTED BY OWNER'S REPRESENTATIVE, 2. DO NOT USE CALCIUM CHLORIDE, SALT, AND OTHER MATERIALS CONTAINING WHICH ARE ALLOWED TO BECOME SATURATED, FROZEN OR DISTURBED SHALL BE ANTIFREEZE AGENTS OR CHEMICAL ACCELERATORS UNLESS OTHERWISE ACCEPTED IN MIX DESIGNS. REWORKED TO SATISFACTION OF OWNER'S REPRESENTATIVE. 3. PROVISIONS SHALL BE MADE FOR MAINTAINING THE CONCRETE AT A F. DO NOT ALLOW GROUND BENEA.iI FOOTINGS TO FREEZE. MINIMUM TEMPERATURE OF NOT LESS THAN 50F AND NOT MORE THAN G FOOTING EXCAVATIONS SHALL BE CUT NEAT. FOF OR A N—VENTED PERIOD OF AATERS T LEAST SEVEN(7)BE DAYS. 11.881 PAD REINFORCEMENT DETAIL 4. OF USE85 THE CUORING PERIOD EGRADUALLY SHALL REDUCE THEE TEMPERATURE AT A RATE Cl) N TS H. SUBGRADE BELOW SLAB—ON—GRADE SHALL BE REVIEWED AND ACCEPTED BY THEWITHIN NOT TO OENCEXCEED 1 DEGREE RE EQUALS THE PER HOUR R UNRE ODES TEMPERATURE THE ENCLOSURE, OWNER'S REPRESENTATIVE BEFORE CONCRETE SLAB PLACEMENT. IN ACCORDANCE WITH ACI 306. 4. CONCRETE 0 HOT—WEATHER PLACING WHEN HOT WEATHER CONDITIONS EXIST THAT WOULD SERIOUSLY IMPAIR QUALITY AND STRENGTH OF CONCRETE, PLACE CONCRETE IN A DESIGN AND CONSTRUCTION OF ALL CONCRETE ELEMENTS SHALL CONFORM TO COMPLIANCE WITH ACI 305 AND AS HEREIN SPECIFIED THE LATEST EDITIONS OF THE FOLLOWING APPLICABLE CODES: ACI 301 "SPECIFICATIONS FOR STRUCTJRAL CONCRETE FOR BUILDINGS"; ACI 318, 1 COOL INGREDIENTS BEFORE MIXING TO MAINTAIN CONCRETE TEMPERATURE "BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE"; AT TIME OF PLACEMENT BELOW 90F(32'C). MIXING WATER MAY BE CHILLED OR CHOPPED ICE MAY BE USED TO CONTROL TEMPERATURE PROVIDED B CONCRETE SHALL BE NORMAL WEIGHT, 6% AIR ENTRAINED (±1.5%) AND HAVE A WATER EQUIVALENT OF ICE IS CALCULATED TO TOTAL AMOUNT OF MIXING MINIMUM 28—DAY COMPRESSIVE STRENGTH OF 4000 PSI UNLESS OTHERWISE NOTED. WATER 2. COVER REINFORCING STEEL WITH WATER SOAKED BURLAP IF IT BECOMES TOO HOT, SO THAT THE STEEL TEMPERATURE WILL NOT EXCEED THE C. REINFORCING SHALL CONFORM TO ASTM A-615 WITH SUPPLEMENT MINIMUM AMBIENT AIR TEMPERATURE IMMEDIATELY BEFORE IMBEDMENT IN CONCRETE. Dwg By: YIELD STRENGTH Fy = 60 KSI. REINFORCING DETAILS SHALL BE IN 3. FOG SPRAY FORMS, REINFORCING STEEL, AND SUBGRADE JUST BEFORE PROJECT ACCORDANCE WITH THE LATEST EDITION OF ACI 315. CONCRETE IS PLACED. 4. USE WATER—REDUCING RETARDING ADMIXTURE WHEN REQUIRED BY HIGH SERVICES NT D. FIBROUSE TEA REINFORCEMENT 1 SHALLPOUNDS BE P PER CUBIC YARD.NT O FIBRILLATED NP ORCEMENTESE TEMPERATURES, LOW HUMIDITY, OR OTHER ADVERSE PLACING CONDITIONS SERVICES ADDED AT A RATE OF 1.5 CUBIC FIBROUR REINFORCEMENT SHALL WHEN ACCEPTABLE TO THE ENGINEER BE CONSIDERED SECONDARY REINFORCEMENT AND SHALL BE INCLUDED IN ALL CONCRETE. Date: 3/4/00 Sheet#: 6 `o U a Jo G O U