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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2007 -034 Old Lynchburg
Staff: Megan Yaniglos
Road- Tier II Tower
Planning Commission Public Hearing:
Board of Supervisors Hearing:
June 5, 2007
N/A
Owners: Woodland of Charlottesville, LLC
Applicant: Alltel Communications of Virginia
Acreage: 24.078
Rezone from: Not applicable
(Lease Area: 625 square feet (0.014 Acres))
Special Use Permit for: Not applicable
TMP: Tax Map 76, Parcel 46C
By -right use: R15, Residential and EC,
Location: South of Interstate Route 64 on the
Entrance Corridor Zoning
east side of Sunset Avenue Ext. [Route 7811
Magisterial District: Scottsville
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - X RA -
Proposal: Attach three (3) flush
Comp. Plan Designation: Urban Density in
mounted panel antennas to an existing
Urban Area 5.
Virginia Power transmission tower. The
proposed facility consists of attaching
the antennas at the 105 foot level on an
existing 112.2 foot tall tower and placing
equipment cabinets, painted brown, in
the existing ROW near the base of the
existing tower.
Character of Property: Undeveloped
Use of Surrounding Properties: Single -
wooded parcel adjacent to the Interstate 64
family and Multi - Family Residential
right of way.
Factors Favorable:
Factors Unfavorable:
1. The antennas are being proposed on an
1. No significant, unfavorable visual or
existing Virginia Power tower.
environmental impacts.
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.
RECOMMENDATION: Staff recommends approval of this proposal.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
Megan Yaniglos- Planner
June 5, 2007
SDP - 2007 -034 Old Lynchburg Road- Tier II Tower
Woodlands of Charlottesville LLC
Alltel Communications of Virginia
PROPOSAL:
Proposal for a Tier II facility to attach three (3) flush mounted panel antennas to an existing
Virginia Power transmission tower. The proposal consists of attaching the antennas at the 105
foot level on an existing 112.2 foot tall tower and placing equipment cabinets, painted brown, in
the existing power line easement near the base of the existing tower.
The lease area for the proposed facility is located on property described as Tax Map 76, Parcel
46C, which contains 24.078 acres and is zoned R -15, Residential. The site is located south of
Interstate Route 64 on the east side of Sunset Avenue Ext. [Route 781] in the Scottsville
Magisterial District.
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 Urban Density in Urban Area 5.
CHARACTER OF THE AREA:
The site of this proposed facility is a lightly wooded area located immediately adjacent to the
right of way for Interstate 64 (Attachment B). Access to the facility would be provided from
Sunset Avenue (State Route 781), and then onto a twenty (20) foot ingress /egress easement
beginning on the proposed facility property. The area proposed for the ingress /egress easement
off of Sunset Avenue, is open and maintained as a cleared right of way.
PLANNING AND ZONING HISTORY:
None
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.
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
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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) (Attachment A).
An Architectural Review Board application was received for this submittal. Staff worked with
the applicant to address issues regarding landscaping, materials and colors. Revised drawings
resolving the issues were received. With those revisions, it was determined that the proposed
modification did not constitute a substantial change in design. Consequently, further review by
the ARB was not required per Section 30.6.6.3.a.6.
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 does not rely on any 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.
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 will be attached to an existing structure which is visible from adjacent
parcels and streets (Attachment Q. However, the proposal includes vegetative screening around
the proposed concrete pad that contains the equipment cabinets. This vegetation along with the
existing vegetation will minimize the visibility of the concrete pad and equipment from the
adjacent parcels and the entrance corridor.
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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 Composite
Map for Urban Areas 4 and 5 (Attachment D). In addition, the installation of the concrete
equipment pad within the 625 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 antennas and associated equipment.
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 existing pole is visible from
Interstate 64, as well as adjacent properties. However, the proposed equipment cabinet will be
screened from I -64 and adjacent parcels with proposed and existing vegetation.
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 no other existing personal wireless service facilities within a two hundred (200) foot
radius.
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.
A monopole is not proposed with this submittal.
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).
A monopole is not proposed with this submittal.
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
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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 color for the support cabinets 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 ground equipment for this facility as Adirondak - Number SW2020, manufactured
by Sherwin Williams. The antennae and cables will be painted to match the existing pole.
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.
A monopole is not proposed with this submittal.
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.
No additional information has been provided to demonstrate the availability, or lack thereof, of
any other alternative sites on other properties to serve the areas that would be covered by the
proposed facility at the current site. Therefore, 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:
Based on the design of the proposed facility and the fact that the antennae will be placed on an
existing tower, staff has identified no significant unfavorable visual or environmental impacts
that would result from the approval of this request as currently proposed. Therefore, staff
recommends approval of this request as proposed.
In the event that the Planning Commission chooses to deny this application, staff offers the
following comment:
In order to comply with Section 5.1.40(d) of the Zoning Ordinance, the Planning Commission is
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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
C. Site Photographs
D. Composite Map from Open Space Plan
Co