HomeMy WebLinkAboutSP201300008 Staff Report 2013-02-25�'I13GINZP
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 2013 -00008 Cingular
Staff. Scott Clark, Senior Planner
Wireless /Greenmont Farm
Planning Commission Public Hearing:
Board of Supervisors Hearing: TBD
May 21, 2013
Owners: Greenmont Farms LLC
Applicant: Greenmont Farms LLC
Acreage: 145.15 acres
Rezone from: Not applicable
(Lease Area: 1,600 square feet)
Special Use Permit for: 10.2.2(48) Special Use
Permit, which allows for Tier III personal wireless
facilities in the RA Zoning District.
TMP: Tax Map Parcel 11200 -00 -00 -01600
By -right use: RA, Rural Areas
Location: To the west of Fry's Path (Route 627),
approximately one -half mile from the intersection with
Scottsville Road (Route 20).
Magisterial District: Scottsville
Proffers /Conditions: Yes
Requested # of Dwelling Units/Lots: N/A
DA - RA - X
Proposal: Special use permit request for a
Comp. Plan Designation: Rural Areas in Rural
personal wireless service facility including a
Area 4 - Preserve and protect agricultural, forestal,
129 -foot steel monopole (20 feet above the
open space, and natural, historic and scenic
height of the reference tree) with two (2)
resources/ density (.5 unit /acre in development lots)
antenna arrays, each consisting of three (3)
flush - mounted panel antennas. The proposed
ground equipment will be located on a 40X40
foot leased compound area. An 8' tall wooden
privacy fence is also proposed to surround the
base of the 40X40 compound. Access to the site
is proposed through an access road off Route
627 (Fry's Path).
Character of Property: Hardwood forest
Use of Surrounding Properties: The adjacent
properties include forests, farms, and rural
residences.
Factors Favorable:
Factors Unfavorable:
1. The facility will not be visible from the Virginia
1. None.
Byway (Route 20).
Zoning Ordinance Waivers and Recommendations:
Based on findings presented in the staff report, staff recommends approval of SP201300008 (with
conditions) and associated modification request (for Section 5.1.40(d)(6)).
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
Scott Clark, Senior Planner
May 13th, 2013
TBD
SP201300008 Cingular Wireless /Greenmont Farm
Greenmont Farms LLC
Greenmont Farms LLC
PROPOSAL:
PROPOSED: Special use permit request for a personal wireless service facility including a 129 -
foot steel monopole (20 feet above the height of the reference tree) with two (2) flush -mount
antennae, each consisting of three (3) panel antennas. The proposed ground equipment will be
located on a 40X40 foot leased compound area. An 8' tall wooden privacy fence is also proposed
to surround the base of the 40X40 compound. Access to the site is proposed through an access
road off Route 627 (Fry's Path).
ZONING CATEGORY /GENERAL USAGE: RA, Rural Areas- agricultural, forestal, and fishery
uses; residential density (0.5 unit /acre in development lots)
SECTION: 10.2.2.48 Tier III personal wireless facilities
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas in Rural Area 4 - Preserve and
protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5
unit /acre in development lots)
ENTRANCE CORRIDOR: NO
HISTORIC DISTRICT: YES
LOCATION: To the west of Fry's Path (Route 627), approximately one -half mile from the
intersection with Scottsville Road (Route 20).
TAX MAP /PARCEL: 11200 -00 -00 -01600
MAGISTERIAL DISTRICT: Scottsville
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as RA, Rural Areas- agricultural, forestal, and
fishery uses; residential density (0.5 unit /acre in development lots).
CHARACTER OF THE AREA:
The area is largely made up of large farm and forest parcels, with a few groupings of smaller
residential parcels to the east along Route 20.
PLANNING AND ZONING HISTORY:
None.
DISCUSSION:
A Special Use Permit is required for this proposal because it is located in the Southern
Albemarle Rural Historic District, which qualifies as an "avoidance area." Also, the height of the
proposed tower would be more than ten (10) feet above the tallest tree within 25 feet of the
tower.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of
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Supervisors shall reasonably consider the following factors when reviewing and acting upon an
application for a special use permit:
The proposed use will not be of substantial detriment to adjacent lots:
It is staff's opinion that the proposal will not be of substantial detriment to the adjacent
property. The proposed facility would be located in a wooded area approximately 130 feet
from a little - traveled gravel road (Fry's Path) and out of view of the Entrance Corridor (Route
20). The proposed facility would be located approximately 1,000 feet from the nearest
dwelling. A balloon test conducted on April 9, 2013 indicated that the tower would have
limited visibility.
The character of the zoning district will not be changed.
The facility would have limited visibility and would not limit rural uses on the site or the
surrounding properties. Therefore it is staff's opinion that the character of the zoning district
will not change with this use.
The use will 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
Rural Areas chapter of the Zoning Ordinance (Section 10.1). This request is consistent with
both sections.
The use will be in harmony with the uses permitted by right in the district.
No significant adverse impacts on adjacent properties in the (RA) Rural Area district are
anticipated. The proposed personal wireless service facility will not restrict any nearby by-
right uses within the Rural Areas district.
The public health, safety and general welfare of the community will 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.
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 33.8 of this chapter, initiated upon an
application satisfying the requirements of subsection 5.1.40(a) and section 33.4, 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 33.8, "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:
Subsection 5.1.40(b) (1 -5): 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 wireless facility will meet the required Rural Areas 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.
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 tower will not require guy wires or a whip antenna. The proposed grounding rod meets the
requirements of the ordinance, and the facility will only have one outdoor light fixture, which
will be activated by motion sensor for use during maintenance and for security purposes. The
ground equipment will be located at the base of the tower, in an area that is sheltered from all lot
lines by existing vegetation.
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
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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.
The proposed antennae configuration would consist of two arrays with three panel antennas, and
each antenna shall not exceed 1,152 square inches. The outer edge of the antennae would be
within 12 inches of the pole. All antennae would be painted to match the color of the monopole.
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
agentfor 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 two hundred (200) feetfrom the lease area to be included in the
plan.
The applicant has acknowledged that a tree conservation plan will be submitted. Two 10 -inch
poplar trees are shown for removal. Staff does not find that their removal will significantly
increase the visibility of the facility.
The facility will be sited approximately 130 feet from Fry's Path and approximately 125 feet
from the property line to the northeast.
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.
This requirement applies after the approval of the required tree conservation plan. The
installation, operation, and maintenance of the facility will be conducted in accordance with the
tree conservation plan.
Subsection 5.1.40(c)(6): The facility 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 am ou n t sufficien tfor,
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
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tower or pole is no longer being used for personal wireless service facilities; (ii) the annual
report was not filed; (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 perm itteefails to timely remove another tower or pole within
th e coup ty; an d (vi) wh en ever oth erwise deem ed n ecessary by th e agen t.
Should use of the antennae site in this location become discontinued at anytime in the future, the
applicant and /or its assignee(s) will be required to remove the facility within 90 days.
Subsection 5.1.40(c) (7): The owner of the facility shall submit a report to the agent by no
earlier than May or and no later than July I of each year. The report shall identify 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.
If this special use permit request is approved, and after the proposed PWSF has been installed,
the applicant would submit an annual report updating the user status and equipment inventory of
the facility in the required time period.
Subsection 5.1.40(c) (8): No slopes associated with the installation of the facility and accessory
uses sh all be created th at are steeper th an 2:1 un less retain ing walls, revetm en ts, or oth er
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.
The proposed fence would (i) provide protection from wildlife, (ii) would not be detrimental to
the character of the area, as it would not be visible from Route 20 or from adjacent properties,
and (iii) would have no health or safety impacts. Therefore staff believes that the proposed fence
should be 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 adjacentparcels 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
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visible from any resources specifically identified for protection in the deed of easement.
The proposed monopole would be 129 feet tall, and would be 20 feet taller than the reference
tree.
A balloon test was conducted on April 9, 2013. During the site visit, staff observed a test balloon
that was floated at the approximate height of the proposed monopole.
Staff travelled Fry's Path (Route 627) Route 20, Red Hill Road (Route 708), and Secretary's
Sand Road (Route 717) to determine the visibility of the proposed facility. The balloon was
visible only near the site on Fry's Path, and on Secretary's Sand Road, at a point where the
balloon was too distant to show clearly in a photograph. Staff therefore finds that visibility of the
facility will be minimal.
Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the
county's open space plan.
No significant resources identified in the Open Space & Critical Resources Plan would be
adversely impacted.
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 h eigh tshall 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
m on opole at th e proposed h eigh t, rath er th an at a h eigh t seven (7) feet taller th an th e 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 applicant is requesting a waiver of this section. In order to give sufficient service in the area,
the applicant is requesting to increase the height above the reference tree to 20 feet. This increase
would not impact resources identified in the Open Space & Critical Resources Plan, would not
make the facility visible from the Entrance Corridor, and would not substantially change the
visual impact of the tower.
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
7
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 new antenna and all associated equipment will be painted a natural brown color.
Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use
perm it.
Conditions of approval are recommended below, and the facility will be held to those conditions.
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 (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. In its current state, the existing facilities and their mounting
structure all offer adequate support for providing personal wireless communication services. The
applicant has not provided any additional information regarding the availability, or absence of
alternative sites that could serve the same areas that would be covered with the proposed antenna
additions at this site. Therefore, staff does not believe that the special use permitting process nor
the denial of this application would have the effect of prohibiting or restricting the provision of
personal wireless services.
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
The facility will not be visible from the Virginia Byway (Route 20).
Factors unfavorable to this request include:
1. none
In order to comply with Section 5.1.40(d) of the Zoning Ordinance, if the Planning Commission
recommends denial of this request, it 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.
RECOMMENDATION: Staff recommends approval of SP 2013 -00008 Cingular
Wireless /Greenmont Farm with the conditions listed below, and of the requested modification to
Section 5.1.40(d)(6) (to permit the facility to extend 20 feet above the reference tree ), based on
the analysis provided herein.
CONDITIONS OF APPROVAL:
Development and use shall be in general accord with the conceptual plan titled "Keene
(Flatwoods Land Trust) CV829" prepared by Brian V. Crutchfield., and dated 8/17/12
(hereafter "Conceptual Plan "), as determined by the Director of Planning and the Zoning
Administrator. To be in general accord with the Conceptual Plan, development and use
shall reflect the following major elements within the development essential to the design
of the development, as shown on the Conceptual Plan:
a. Height
Minor modifications to the plan which do not conflict with the elements above may be
made to ensure compliance with the Zoning Ordinance.
2. Entrance design and location must be approved by the Virginia Department of
Transportation before construction of the access road for this use may commence.
Zoniniz Ordinance Modifications:
1. Section 5.1.40 (d)(6)- Modification of requirement that facility extend no more than 7
feet above the reference tree, to permit it to extend 30 feet above the reference tree.
ATTACHMENTS:
A. Area Map
B. Site Map
C. Conceptual Plan — Plan View
D. Conceptual Plan - Elevation
Motions (Two Separate: 1: Modification request; 2: Special Use Permit request)
Motion One: The Planning Commission's role is to recommend approval or denial of the
modification to Sections 5.1.40(d)(6) of the Zoning Ordinance.
A. Should the Planning Commission choose to recommend approval of this modification
to Section 5.1.40 (d)(6)
9
I move to recommend granting the modification for the reasons outlined in the staff
report.
B. Should the Planning Commission choose to recommend denial of this modification:
I move to recommend denial of the modification outlined in the staff report.
(Planning Commission needs to give a reason for denial)
Motion Two: The Planning Commission's role in this case (SP20130008) is to make a
recommendation to the Board of Supervisors.
A. Should the Planning Commission choose to recommend approval of this Tier III
personal wireless service facility
I move to recommend approval of SP 20130008 Cingular Wireless /Greenmont Farm
with the conditions outlined in the staff report.
B. Should the Planning Commission choose to recommend denial of this Tier III personal
wireless service facility:
I move to recommend denial of SP 20130008 Cingular Wireless /Greenmont Farm.
(Planning Commission needs to give a reason for denial)
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SP201300008 Cingular/Greenmont 0 0.25 0.5 1Miles
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