HomeMy WebLinkAboutSP200800012 Staff Report 2008-07-02ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 2008-012 Embarq-
Staff: Megan Yaniglos, Margaret
Verizon Wireless Tier III PWSF
Maliszewski
Planning Commission Public Hearing:
Board of Supervisors Hearing:
June 3, 2008
July 2, 2008
Owners: Embarq Logistics
Applicant: Cellco Partnership D/B/A
Verizon wireless
Acreage: 1.366
Rezone from: Not applicable
(Lease Area: 800 square feet)
Special Use Permit for: 23.2.2 [15] Special
Use Permit, which allows for Tier III personal
wireless service facilities in the CO Zoning
District.
TMP: Tax Map 61, Parcel 129C
By -right use: CO, Commercial Office; and
Location: South side of Rio Road East [State
EC, Entrance Corridor Zoning; Property also
Route 631], approximately 1/8 mile east of the
has a number of existing Special Use
intersection with Route 29 North, and near
Permits for the location of additional
Fashion Square Mall.
personal wireless facilities.
Magisterial District: Rio
Proffers/Conditions: Yes
Requested # of Dwelling Units/Lots: N/A
DA - X RA -
Proposal: Proposal for a co -location of
Comp. Plan Designation: Office Service
a personal wireless service facility on an
uses in Urban Area 2
existing tower. The proposal is for an
array antenna which will be attached to
the existing 250 foot tower at 240 feet.
Also, associated with this request is the
installation of a prefabricated equipment
shelter which will house transmitters,
radios, and a diesel powered
emergency back-up generator.
Character of Property: Multiple buildings for
Use of Surrounding Properties: Multi -
personal wireless facilities and an Embarq
family Residential, Church, Commercial,
switching station and office. There is also a
Office
parking area for the compound.
Factors Favorable:
Factors Unfavorable:
1. The existing monopole currently represents
1. The proposal is not consistent with the
an opportunity site
County's Personal Wireless Service
Facilities Policy
Zoning Ordinance Waivers and Recommendations:
1. Section 23.2.2 [15] and Section 5.1.4 Personal Wireless Facility- Tier III co -location- array
antennae on existing tower- denial
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
PROPOSAL:
Megan Yaniglos; Margaret Maliszewski
June 3, 2008
July 2, 2008
SP 08-012: Embarq- Verizon Wireless Tier III
Embarq Logistics
Cellco Partnership D/B/A Verizon wireless
This report has been revised since the Planning Commission meeting on June 3,
2008 to add and revise conditions that were approved at the meeting. These
revisions and additions are highlighted in this report.
This is a proposal to install a three -sectored array antenna, as well as a prefabricated equipment
shelter which will contain transmitters, radios and a diesel powered emergency back-up
generator within a 800 square foot lease area [Attachment A]. The applicant is also requesting an
amendment to the conditons of the previous approved special use permit [SP2002-040]. The
property is 1.366 acres, described as Tax Map 61, Parcel 129C, is located in the Rio Magisterial
District and is zoned CO, Commercial Office and EC, Entrance Corridor.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as Office Service uses in Urban Area 2.
CHARACTER OF THE AREA:
The proposed site is located on the south side of Rio Road East [State Route 631], approximately
1/8 mile east of the intersection with Route 29 North, and near Fashion Square Mall.
[Attachment B]. The proposed facility is within a fenced area at the rear of the property, lying
between the brick building housing the Embarq telephone company's switching station and
offices and the parking lot of the Fashion Square Mall.
PLANNING AND ZONING HISTORY:
SP 1998-021 CFW Wireless Approval granted with conditions for request for co -location on the
existing monopole.
SP 2002-040 Alltel Approval granted with conditions for a request to replace a microwave dish
on the existing monopole [Attachment E]- Conditions proposed to be amended.
DISCUSSION:
The proposed facility requires approval of a Tier III special use permit, since the applicant is
requesting a co -location on an existing tower. There are currently approximately four array
antennas, and additional whip, flush mounted antennas, microwave dishes on the tower that are
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owned by other providers. The applicant is proposing an additional array antenna on the tower
which will require an amendment to the conditions of the previous approved special use permit
[Attachment C] that required any additional antennae to be flush mounted. The applicant is also
requesting a modification in accordance with Section 5.1 (a) to requirement of Sections 5.1.40
(c)(4) and 5.1.40 (c)(5) which states that a tree conservation plan be submitted prior to the
issuance of a building permit, and that the installation, operation and maintenance be in
accordance with the tree conservation plan.
The Planning Commission will need to make findings on the appropriateness of the proposed
personal wireless facility. If the Planning Commission approves the personal wireless facility it
will need to act on the modification requests for the requirement of a tree conservation plan, as
well as approve the amended conditions of SP 2002-040.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be reviewed as
follows:
Will the use be of substantial detriment to adiacent property?
The monopole is existing and currently is not a detriment to the adjacent property. It is Staff's
opinion that the addition of the proposed antenna will not cause the existing monopole to be a
detriment to the adjacent property. The ground equipment shelter will be screened from
adjacent properties by a proposed fence and additional landscaping.
Will the character of the zoning district change with this use?
The addition of another PWSF should not impact the character of the district.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Staff has reviewed this request as it relates to the "purpose and intent" that is set forth in
Sections 1.4.4 and 1.4.7 of the Zoning Ordinance, and as it relates to the intent specified in the
Commercial Office chapter of the Zoning Ordinance (Section 23). This request is consistent
with both sections.
Will the use be in harmony with the uses permitted by right in the district?
No significant adverse impacts on adjacent properties in the district are anticipated. This
facility will be in harmony with the uses permitted by right in the district.
Will the use comply with the additional regulations provided in Section 5.0 of this
ordinance?
The purpose of Section 5.1.40 is to implement the personal wireless service facilities policy.
This proposal does not conform with the County's Personal Wireless Service Facilities Policy.
On page 21 of the policy it states that "Co -location which results in adverse visual impact is
not consistent with the goals of Albemarle County. From a visibility perspective, co -location
should be discouraged." Also, on pages 48 and 50 of the Policy it states that antenna arrays do
not comply with the design guidelines and are highly visible and are discouraged, flush
mounted antennas are recommended. Staff's opinion is that although the existing monopole
does have an already negative visual impact, by adding an additional array at the top of the
monopole, it results in additional visual impact.
Section 5.1.12(a) of the Zoning Ordinance addresses the installation of public utility structures
such as towers and antennas by stating, in part, that those items shall not endanger the health
and safety of workers and/or residents, and will not impair or prove detrimental to
neighboring properties. In order to operate this facility, the applicant is required to comply
with all of the Federal Communication Commission (FCC) guidelines that are intended to
protect the public health and safety from high levels of radio frequency emissions and
electromagnetic fields that are associated with wireless broadcasting and telecommunications
facilities.
Will the public health, safety and general welfare of the community be protected if the
use is approved?
The public health, safety, and general welfare of the community is protected through the
special use permit process, which assures that uses approved by special use permit are
appropriate in the location requested. In this case, the proposed facility will give Verizon the
ability to offer another choice of personal wireless service communication by providing a full
range of voice and data services in addition to the required E911 call services. This can be
seen as contributing to the public health, safety and welfare on a regional level.
Compliance with Section 5.1.40 of the Zoning Ordinance
The county's specific design criteria for Tier III facilities as set forth in section 5.1.40 (e)
are addressed as follows.
Section 5.1.40 (e) Tier III facilities. Each Tier III facility may be established upon approval of
a special use permit issued pursuant to section 31.2.4 of this chapter, initiated upon an
application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, and it shall
be installed and operated in compliance with all applicable provisions of this chapter and the
following:
1. The facility shall comply with subsection 5.1.40(b) subsection 5.1.40(c)(2) through (9) and
subsection 5.1.40 (d)(2),(3),(6) and (7), unless modified by the board of supervisors during
special use permit review.
2. The facility shall comply with all conditions of approval of the special use permit.
Requirements of subsection 5.1.40(a) application for approval and section 31.2.4 special use
permits have been met. Compliance with Section 5.1.40(e) of the Zoning Ordinance: The
County's specific design criteria for Tier III facilities set forth in Section 5.1.40(e)(1) and
5.1.40(e)(2) are addressed as follows: [Ordinance sections are in italics]
Subsection 5.1.400) (L -5J. Exemption from regulations otherwise applicable: Except as
otherwise exempted in this paragraph, each facility shall be subject to all applicable regulations
in this chapter.
The proposed PWSF will be installed at site that already has a monopole with array antennae,
and ground equipment. Verizon's equipment shelter will meet the required setbacks in addition to
all other area and bulk regulations and minimum yard requirements. Attached site drawings,
antennae and equipment specifications have been provided to demonstrate that personal wireless
service facilities (PWSF) regulations and any relevant site plan requirements set forth in Section
32 of the zoning ordinance have been addressed.
M
Subsection 5.1.40(c)(2): The facility shall be designed, constructed and maintained as follows:
(i) guy wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted only
during maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be
fully shielded as required by section 4.17 of this chapter; (iii) any equipment cabinet not located
within the existing structure shall be screened from all lot lines either by terrain, existing
structures, existing vegetation, or by added vegetation approved by the county's landscape
planner; (iv) a whip antenna less than six (6) inches in diameter may exceed the height of the
existing structure; (v) a grounding rod, whose height shall not exceed two (2) feet and whose
width shall not exceed one (1) inch in diameter at the base and tapering to a point, may be
installed at the top of facility or the structure; and (vi) within one month after the completion of
the installation of the facility, the applicant shall provide a statement to the agent certifying that
the height of all components of the facility complies with this regulation.
The existing monopole contains equipment owned by other companies that provide personal
wireless services, ranging from whip and panel antennas to large microwave dishes. The
proposed antenna does not require the installation of guy wires. The facility will only have one
outdoor light fixture with a motion sensor attached to the proposed shelter and it will only be
used by Verizon's technical operations staff during times when night-time maintenance of the
site is necessary. Verizon Wireless is currently in the process of obtaining an after -market shield
or a complete replacement light fixture that complies with the County's lighting requirements.
Subsection 5.1.40(c)(3): Equipment shall be attached to the exterior of a structure only as
follows: (i) the total number of arrays of antennas attached to the existing structure shall not
exceed three (3), and each antenna proposed to be attached under the pending application shall
not exceed the size shown on the application, which size shall not exceed one thousand one
hundred fifty two (1152) square inches; (ii) no antenna shall project from the structure beyond
the minimum required by the mounting equipment, and in no case shall any point on the face of
an antenna project more than twelve (12) inches from the existing structure; and (iii) each
antenna and associated equipment shall be a color that matches the existing structure. For
purposes of this section, all types of antennas and dishes regardless of their use shall be counted
toward the limit of three arrays.
Since this request proposes an array of antennas that will not be flush -mounted on an existing
monopole, a special use permit amendment is required. The proposal consists of a full sectored
array containing six (6) panel antennas with capability of expanding up to 12 total antennas
[Attachment A]. The applicant is requesting approval of a modification to allow array antenna. In
the conditions of the previous special use permit it stated that only flush mounted antenna shall
be permitted [Attachment E].
Subsection 5.1.40(c)(4): Prior to issuance of a building permit, the applicant shall submit a tree
conservation plan prepared by a certified arborist. The plan shall be submitted to the agent for
review and approval to assure that all applicable requirements have been satisfied. The plan
shall specify tree protection methods and procedures, and identify all existing trees to be
removed on the parcel for the installation, operation and maintenance of the facility. Except for
the tree removal expressly authorized by the agent, the applicant shall not remove existing trees
within the lease area or within one hundred (100) feet in all directions surrounding the lease
area of any part of the facility. In addition, the agent may identify additional trees or lands up to
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two hundred (200) feet from the lease area to be included in the plan.
The applicant is requesting a waiver of this requirement in accordance with Section 5.1 (a) since
the proposal is for a co -location on an existing monopole and no existing trees in the vicinity of
the site will be impacted.
Subsection 5.1.40(c)(5)The installation, operation and maintenance of the facility shall be
conducted in accordance with the tree conservation plan. Dead and dying trees identified by the
arborist's report may be removed if so noted on the tree conservation plan. If tree removal is
later requested that was not approved by the agent when the tree conservation plan was
approved, the applicant shall submit an amended plan. The agent may approve the amended
plan if the proposed tree removal will not adversely affect the visibility of the facility from any
location off of the parcel. The agent may impose reasonable conditions to assure that the
purposes of this paragraph are achieved.
The applicant is requesting a waiver of this requirement in accordance with Section 5.1 (a) since
the proposal is for a co -location on an existing monopole and no existing trees in the vicinity of
the site will be impacted.
Subsection 5.1.40(0(6): Thefacility shall be disassembled and removed from the site within
ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the
agent determines at any time that surety is required to guarantee that the facility will be removed
as required, the agent may require that the parcel owner or the owner of the facility submit a
certified check, a bond with surety, or a letter of credit, in an amount sufficient for, and
conditioned upon, the removal of the facility. The type and form of the surety guarantee shall be
to the satisfaction of the agent and the county attorney. In determining whether surety should be
required, the agent shall consider the following: (i) the annual report states that the tower or
pole is no longer being used for personal wireless service facilities; (ii) the annual report was
notfiled; (iii) there is a change in technology that makes it likely that tower or pole will be
unnecessary in the near future; (iv) the permittee fails to comply with applicable regulations or
conditions; (v) the permittee fails to timely remove another tower or pole within the county; and
(vi) whenever otherwise deemed necessary by the agent.
Should use of the antennae site in this location become discontinued at anytime in the future,
Verizon and/or its assignee(s) will be required to remove the facility within 90 days.
Subsection 5.1.40(c)( . The owner of the facility shall submit a report to the agent by no earlier
than May or and no later than July 1 of each year. The report shall idents each user of the
existing structure, and include a drawing, photograph or other illustration identifying which
equipment is owned and/or operated by each personal wireless service provider. Multiple users
on a single tower or other mounting structure may submit a single report, provided that the
report includes a statement signed by a representative from each user acquiescing in the report.
After the proposed facility has been installed, Verizon Wireless has stated that they will
cooperate fully with Embarq in order to ensure that the required annual report accurately
accounts for all equipment supporting the proposed facility at this site.
Subsection 5.1.40(0(8): No slopes associated with the installation of thefacility and accessory
uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other
rel
stabilization measures acceptable to the county engineer are employed.
No slopes associated with the installation of the facility are steeper than 2:1.
Subsection 5.1.40(c)(9): Any equipment cabinet not located within an existing building shall be
fenced only with the approval of the agent upon finding that the fence: (i) would protect the
facility from trespass in areas of high volumes of vehicular or pedestrian traffic or, in the rural
areas, to protect the facility from livestock or wildlife; (ii) would not be detrimental to the
character of the area; and (iii) would not be detrimental to the public health, safety or general
welfare.
Verizon Wireless is proposing the expansion of the existing chain link fence to enclose the
proposed shelter. They are also providing landscaping to screen the shelter from Rio Road. The
fence and landscaping will not be detrimental to the public health, safety or general welfare or
the character of the area.
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, or adjacent to a
conservation easement or open space easement, the facility shall be sited so that it is not visible
from any resources specifically identified for protection in the deed of easement.
This proposed co -location does not necessitate any increase in height of the existing monopole.
The applicant is proposing additional landscape screening to minimize the visibility from Rio
Road and adjacent properties.
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 located within Urban Neighborhood Two in the Open
Space Plan [Attachment F], and does not adversely impact resources.
However, as stated above, the proposed array antenna does not conform with the County's
Personal Wireless Service Facilities Policy in terms of visibility. Although the existing monopole
contains a number of array antennas, adding another array to the top of the monopole results in
additional adverse visual impacts [Attachment D]. On page 28 of the Policy there is an example
of an opportunity site co -location with an array antenna. The policy states "while this represents
use of an opportunity site, the resulting design has visibility impacts that could have been
reduced or eliminated by using alternative types of equipment and mounting techniques."
The Architectural Review Board at its April 21, 2008 meeting, unanimously voted to allow staff
to review and approve this application if, in addition to the screening shrubbery currently
proposed for the additional ground equipment, entrance corridor street trees and some screening
of the dumpster are provided.
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It is Staff's opinion that adding an additional array, even on an opportunity site, would result in
additional adverse visual impact and recommends flush mounted antenna as an alternative.
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).
The proposed facility will utilize and existing structure for its antenna mount.
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, fagade 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 proposed antennas will be painted to match the color of the existing tower, which has a
galvanized steel finish. The equipment shelter will be screed from adjacent properties and
roadways by existing and proposed vegetation.
Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use
permit.
The proposed personal wireless service facility utilizes a full -sectored array of antennas. This
request requires an amendment of the existing special use permit, SP 2002-040, to delete
condition 3(c) which restricts co -locations on this monopole to flush -mounted antennas.
Section 704(a)(7)(b)(I)(I1) of The Telecommunications Act of 1996:
This application is subject to the Telecommunications Act of 1996, which provides in part that
the regulation of the placement, construction, and modification of personal wireless service
facilities by any State or local government or instrumentality thereof (I) shall not unreasonably
discriminate among providers of functionally equivalent services; (II) shall not prohibit or have
the effect of prohibiting the provision of personal wireless services. 47 U.S. C.
In order to operate this facility, the applicant is required to comply with the FCC guidelines for
radio frequency emissions that are intended to protect the public health and safety. Neither the
Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless
services. However, both do implement specific policies and regulations for the sighting and
design of wireless facilities. It is staff's opinion that this proposal is not consistent with the
County's Personal Wireless Service Facilities policy. The denial of this proposal would not
unreasonably discriminate among providers of equivalent services, or prohibit the provision of
personal wireless services, as the applicant could conform with the previous special use permit
condition, as well as the Policy by proposing flush mounted antennas.
RECOMMENDATION: Staff recommends denial of the proposed personal wireless service
facility based on the analysis provided herein.
If the Planning Commission approves the personal wireless facility it will need to amend the
previous special use permit condition, and act on the modification request for the requirement of
a tree conservation plan. The modifications are outlined below:
Zoning Ordinance Modifications
1. Section 5.1.40 (c)(4)- Requirement for a tree conservation plan to be submitted prior to
the issuance of a building permit.
2. Section 5.1.40 (c)(5)- The installation, operation and maintenance of the facility to be
conducted in accordance with the tree conservation plan.
Special Use Permit f SP2002-0401 Condition Modification
1. Deletion of the provision [3 (c)] that only flush mounted antennas be permitted [see
below].
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The existing monopole currently represents an opportunity site.
Factors unfavorable to this request include:
1. The proposal does not comply with the County's Personal Wireless Service Facilities
Policy.
2. The approval of this facility will require an amendment to the conditions of the
previous special use permit that will allow additional array antennas on this site.
3. Adding an additional array antenna to the top of the existing monopole will result in
additional adverse visual impacts.
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.
Conditions of approval:
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1. The tower shall not be increased in height;
2. All antennae, dishes and their replacements attached to the tower shall be used for
personal wireless service providers;
3. Additional and replacement antenna arrays may be attached only as follows:
a. Omni -directional or whip antennas shall not exceed twenty (20) feet in height or
seven (7) inches in diameter, and shall be of a color that matches the tower;
b. Directional or panel antennas shall not exceed seven (7) feet in height or two (2)
feet in width, and shall be of a color that matches the tower;
c. Only flush metinted antennas shall be peffffitted;
ne new antennas shall pfejec4
- - ie shall an antenna pfejeet niefe than tweWe (12) inehes ffem the existing
stfuetufe The epla .oment of enmi dire .tion i „hip dir-eetional or panel
„terms in existing ., antenna shah this be subjeet to ts a ndition;
d. Existing arrays of directional and panel antennas that are mounted with brackets
that separate them by more than (12) inches from the structure may remain.
Provided, hewever- that if any of these affays are r-eplaeed a any time, they shall
be fish mou-nted a provided in eendition 3e. This condition shall not pertain to
the maintenance and/or replacement of a single panel antenna that malfunctions or
is in need of repair.
4. Not more than six (6) satellite or microwave dishes may be attached to the tower at one
time, and only as follows.
a. The existing six (6) foot diameter grid dish that is subject to this request may be
replaced by the specified six (6) foot diameter High Performance dish at a height
that is not more than 95.5 feet;
b. Other existing satellite and microwave dishes may be replaced on the tower by the
same type of dish, provided that the diameter of the replacement dish does not
exceed the diameter of the dish being removed, the color of the replacement dish
matches the tower, and the mounting height does not exceed that of the dish being
replaced;
c. Other existing satellite and microwave dishes may be replaced on the tower by a
different type of dish if the mounting height is no less than twenty (20) feet below
that of the dish being removed, the diameter of the replacement dish does not
exceed that of the dish being removed, and the color of the replacement dish
matches the tower;
d. Other existing satellite and microwave dishes may be replaced by a different type
of dish if the proposed mounting height of the replacement dish does not satisfy
the height requirements of condition 4c with the written approval of the Zoning
Administrator. This approval shall only be granted after the submission of a
microwave path survey indicating that the proposed replacement dish will be
mounted at the lowest possible height that allows the system to function. In such
a case, the path survey shall demonstrate the reason(s) why the proposed height is
the lowest possible height, but in no case shall the replacement be higher than the
dish it is replacing;
e. All replacement satellite or microwave dishes shall be mounted as close to the
face of the pole as structurally and mechanically possible and, in no case, shall the
distance between the back of the dish and the face of the pole be greater than
10
eighteen (18) inches; and
f. Prior to the issuance of a building permit for replacing a dish, the applicant shall
provide engineered drawings demonstrating the dimensions of the existing dish to
be removed and its replacement dish, and additional information demonstrating
the mounting distance between the pole and the dish to the Department of
Building Code and Zoning Services.
5. The per -tee current owner and any subsequent owners shall submit a report to the
Zoning Administrator once (1) per year, by not later than July 1 of that year. The report
shall identify each user of the tower and that each user is a personal wireless
communications service provider;
6. The permittee shall comply with Section 5.1.12c of the Zoning Ordinance; and
7. The facility shall be disassembled and removed from the site within ninety (90) days of
the date its use for personal wireless communications services purposes is discontinued.
If the Zoning Administrator determines at any time that surety is required to guarantee
that the facility will be removed as required, the permittee shall furnish to the Zoning
Administrator a certified check, a bond with surety satisfactory to the County, or a letter
of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the
removal of the facility. The type of surety guarantee shall be to the satisfaction of the
Zoning Administrator and the County Attorney.
8. All work shall be done in general accord with what is described in the applicant's request
and site construction plans, entitled "Rio Road, Embarq Property", with a final zoning
drawing submittal date of 3/10/2008.
9. The following shall be submitted to the agent after installation of the antenna is
completed and prior to issuance of a certificate of occupancy: (i) certification by a
registered surveyor stating the height of the antenna, measured both in feet above ground
level and in elevation above mean sea level, using the benchmarks or reference datum
identified
10. The applicant shall provide landscaping along Rio Road East generally as shown on
the Landscape Plan by J. Thomas Dalton sealed 5-21-08, with a final landscaping plan
to be administratively approved by staff.
11. No antennas shall project from the monopole to a distance that is greater than that of
the narrowest of the five (5) existing full sector panel antennae arrays on the pole. The
existing mounting bracket to be removed as shown on Attachment A.
ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C. Applicant Justification Letter
D. Photos of Existing Facility
E. SP 2002-040 Conditions
F. Open Space Plan
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