HomeMy WebLinkAboutSDP200700079 Legacy Document 2008-02-27 (7)o� arm
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07- 079:Nix Way
Staff: Gerald Gatobu Senior Planner, Brent
( Verizon) Tier II PWSF
Nelson (ARB)
Planning Commission Public Hearing:
Board of Supervisors Hearing:
February 26, 2008
N/A
Owners: Oscar & Helen L. Forsberg
Applicant: Cellco Partnership D /B /A Verizon
Wireless
Acreage: 4.815 Acres
Rezone from: Not applicable
(Lease Area: 2,500 square feet)
Special Use Permit for: Not applicable
TMP: Tax Map 92, Parcel 36E
By -right use: RA, Rural Area, and (EC)
Location: Northeast corner of the intersection
Entrance Corridor
of State Route 53 Thomas Jefferson Parkway
and Gobblers Ridge (private road), 158' north
of the Rte 53 right -of -way.
Magisterial District: Scottsville
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - RA -X
Proposal: To install a Tier II personal
Comp. Plan Designation: Rural Area in
wireless service treetop facility; the
Rural Area 4
proposed facility consists of a 88- foot
tall monopole
Character of Property: Mixed
Use of Surrounding Properties: Single -
residential /farmland parcel with significant
family Residential
mature tree canopy.
Factors Favorable:
Factors Unfavorable:
1. The lease area for the ground equipment
None identified
and monopole are not visible from state route
53 and from Thomas Jefferson's Monticello.
The tower will not impact any significant
features identified in the Open Space Plan
RECOMMENDATION: Staff recommends approval of this personal wireless service facility.
Based on findings presented in the staff report, staff recommends approval at 10 feet above
the reference tree.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
PROPOSAL,:
Gerald Gatobu, Brent Nelson
February 26, 2008
SDP 07 -0079: Nix Way ( Verizon) Tier II PWSF
Oscar & Helen L. Forsberg
Cellco Partnership D/B /A Verizon Wireless
This is a proposal to install a Tier II personal wireless service treetop facility (Attachment A).
The proposed facility consists of an 88 -foot tall steel monopole, painted with Sherwin Williams
Java Brown, which is a matte enamel color that has been previously approved as an appropriate
color for Tier II facilities at other sites in Albemarle County. The top elevation of the monopole
is 528 feet, measured above mean sea level (AMSL). The proposed monopole will be 10 feet
higher than the identified reference tree. The monopole will be equipped with three (3) flush -
mounted antennas, a two (2) foot long lightning rod, and coaxial cables that will be run within
the monopole's interior. Supporting ground equipment will be contained within a prefabricated
equipment shelter measuring 12' x 30'x 10.58' (W x L x H) at the base of the tower.
The lease area for the proposed facility is located on property described as Tax Map 92, Parcel
36E, which is approximately 4.815 acres and is zoned RA, Rural Area (Attachment B). The site
is located on the Northeast corner of the intersection of State Route 53 Thomas Jefferson
Parkway and Gobblers Ridge (private road), 158' north of the Rte 53 right -of -way. 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 Rural Area in Rural Area 4.
CHARACTER OF THE AREA:
The lease area is located on a 4.815 acre lot with a single family dwelling located between the
facility and the EC. The proposed site is largely covered in mature deciduous trees. The
surrounding area is characterized by large residential /farmland parcels with significant mature
tree canopy.
PLANNING AND ZONING HISTORY:
CP- 1990 -083: Violation for having inoperable vehicles. Abated 7/2/90.
SUB - 2003 -186: Forsberg, Don Family Division Plat approved 10/1/2003.
VIO- 1990 -022: Violation for having inoperable vehicles. Abated 7/23/90
VIO- 2003 -243: Grading with no permit violation 10/13/03. Abated on 10/13/2003.
VIO- 2006 -014: Violation for having inoperable vehicles. Abated on 05/12/2006
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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.
Treetop facility: A personal wireless service facility consisting of a self - supporting monopole
having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown
of the tallest tree within twenty -five (25) feet of the monopole, measured above sea level (ASL),
and includes associated antennas, mounting structures, an equipment cabinet and other essential
personal wireless service equipment.
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
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) and has performed a balloon test at the location of the proposed facility (Attachment
C).
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 complies with all 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.
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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 includes a monopole that would have a height of approximately 528 feet
above mean sea level (AMSL). The height of the reference tree is 518.5 feet above mean sea
level AMSL and its dripline is located within 25 of feet of the proposed monopole. A balloon test
was conducted on August 31 st, 2007. The balloon was not visible from the State Route 53
[Thomas Jefferson Parkway]. Views from the State Route 53 are obscured by the tree covered
embankment adjacent to the right -of -way and the trees surrounding the lease area. Very limited
views of the monopole are expected. Trees located north of the facility will provide a backdrop
when the pole is visible from the state road. This low level of visibility is not expected to have a
negative impact on the State Route 53 entrance corridor. The ground equipment is not expected
to be visible due to the dense vegetation and existing single family residence located between the
state road and the facility.
Based on the information above, it is staff's opinion that the proposed facility will be minimally
visible from adjacent parcels and streets.
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 Open Space
Plan Map. However, the installation of this tower within the 2,500 square foot lease area will
require the removal of one tree. An arborist report has been submitted (Attachment) and a tree
conservation plan will be required to show measures being taken to protect the remaining trees at
building permit stage.
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 proposed monopole was not
visible from Thomas Jefferson's Monticello. Mike Merriam Director of Construction
Management at the Thomas Jefferson Foundation was given notice of the balloon test, and as
previously stated the balloon was not visible from Monticello. The proposed pole is not expected
to be visible when traveling on State Route 53. Staff feels the lack of visibility of the monopole
does not adversely impact open space plan resources and fully complies with the county's
wireless service facilities policy.
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 is no other existing personal wireless service facility located within an area comprised of a
circle centered anywhere on the ground having a radius of two hundred (200) feet.
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.
Notes on the construction plans for this facility propose a monopole that will have a maximum
base dimension of 30 inches and a maximum dimension of 18 inches at the top. These
dimensions comply with the maximum width requirements for treetop monopoles serving Tier II
facilities.
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 ofsupervisors as provided in subsection 5.1.40(d) (12).
As mentioned previously in this report, the proposed monopole would have a height of 88 feet
approximately 528 feet above mean sea level (AMSL). The height of the reference tree is 78 feet
tall or 518.5 feet above mean sea level (AMSL). The proposed monopole will be (10) feet taller
than the tallest tree within twenty -five (25) feet (measured at the dripline). The height approved
by the Planning 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 10 feet above the tallest tree. Based
on the balloon test mentioned above, staff determined that there would be little or no material
difference in the visibility of the monopole at the proposed height (10) feet, rather than at a
height of 7 feet taller than the tallest tree.
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, facade 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.
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The applicant is proposing the installation of a facility with a metal monopole. The proposed
color for the tower and screening fence is a brown paint that has been previously used and
approved in Albemarle County. A note on the construction plans identifies the proposed brown
color of the antennae and ground equipment for this facility as Sherwin Williams Matte "Java
Brown" #6090.
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.
Schematic drawings provided in the construction plan packet indicate that the vertical wires
extending from the ground equipment to the antennas shall be contained within the monopole
structure.
Section 704(a)(7)(b)(I)(II) 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 (1) shall not unreasonably
discriminate among providers of functionally equivalent services; (11) shall not prohibit or have
the effect of prohibiting the provision of personal wireless services. 47 U.S. C.
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.
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:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The lease area for the ground equipment and monopole are not visible from state route
53 and from Thomas Jefferson's Monticello. The tower will not impact any significant
features identified in the Open Space Plan.
Factors unfavorable to this request include:
None Identified.
Co
RECOMMENDATION: Staff recommends approval of this personal wireless service facility.
Based on findings presented in the staff report, staff recommends approval at 10 feet above the
reference tree.
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.
ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C. Balloon photos at proposed location
D. Arborist Report
E. ARB approval
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