HomeMy WebLinkAboutSDP200900005 Review Comments Preliminary Site Plan 2009-02-17Direct Dial: 434.951.5701
kcarmichael @williamsmullen.com
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WILLIAMS MULLEN
February 12, 2009
VIA HAND DELIVERY
Gerald Gatobu, Principal Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902
RE: SDP 2009 -00005
Woodson Property / AT &T Wireless Telecommunications Facility
AT &T Site IICV393A —Crossroads"
Critical Slopes Waiver Request
Dear Mr. Gatobu:
AT &T is submitting this request to allow disturbance of critical slopes for the installation of the
proposed New Cingular Wireless PCS (AT &T) wireless telecommunications facility.
Overview:
The facility consists of a telecommunications facility monopole structure, a 180 square foot
concrete equipment slab within a 400 square foot gravel compound, and a gravel access road
covering 1529 square feet. These areas (1929.7 square feet combined) total 1.0% of the parent
parcel, Albemarle County Tax Map 08700- 00 -00- 005130. Of the total combined square feet
pertaining to the telecommunications facility, about 548 square feet (28% of the facility's area)
are on critical slopes. The construction of the telecommunications facility will require
approximately 683 square feet of disturbed area on the critical slopes, all of it in the fonn of
grading and fill at the access road.
The areas of critical slopes are identified on the drawings prepared by BC Architects Engineers
dated February 12, 2009 (the "Zoning Drawings "). AT &T will address the five health, safety
and welfare provisions of section 4.2, Chapter 18 of the Albemarle County Zoning Ordinance
below:
Rapid and/or large scale movement of soil and rock
Construction of the tower compound and access road will not require substantial grading,
but, rather, it will require some minimal fill, gentle smoothing and finish grading. No
A Professional Corporation
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WILLIAMS MULLEN
February 12, 2009
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blasting or rock removal is proposed or foreseen. The site will be geologically stabilized
with erosion control measures as outlined in the Zoning Drawings.
These measures include:
1. Silt fences to confine soil and rock within the telecommunications facility and
access road areas; and
2. Soil stabilization blankets and matting at the existing steep slopes.
Permanent stabilization of the disturbed areas will be achieved through finish-grading,
graveling and grassing/vegetation.
Excessive stormwater run -off
Overall, the proposed telecommunications facility is calculated to minimally increase the
site's soil permeability and stormwater runoff. The finished surface of the
telecommunications facility's site will be pervious, consisting of a layer of gravel over a
meshed layer of geo- synthetic fibers that will filter stormwater back into the soil instead
of allowing it to flow off -site. Any excess stormwater runoff will be transported as sheet
flow through the highly permeable soils of the existing wooded downslope area and will
be quickly absorbed.
Siltation of natural and man -made bodies of water
No existing bodies of water have been identified on the subject parcel. The proposed
telecommunications facility comprises a minute portion of the property, which is a
substantially undeveloped and stabilized wooded parcel. The proposed soil compaction,
geo - synthetic fiber layer and gravelling will stabilize the soil at the access road and lease
area. This structural stabilization — combined with the extensive, existing vegetation to
remain down slope from the facility — will ensure that silt will not enter nearby water
bodies on adjacent properties.
Loss of aesthetic resource
The telecommunications facility is not located on a critical slope identified on the maps
of the Open Space Plan.
The existing aesthetic resources of the subject parcel reside chiefly in the characteristics
of the existing wooded slope. There will be no significant loss to these resources.
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February 12, 2009
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The majority of the existing wooded vegetation will remain with only four trees to be
removed for this facility. The existing trees to remain will receive tree protection during
and after construction. The existing tree canopy uphill from the site will provide
adequate backdrop for the tower for views from the West and cover for views from the
North and East. This telecommunications facility is located within a small clearing
within the wooded parcel.
Greater travel distance of septic effluent
The proposed telecommunications facility will be unmanned, with no septic or plumbing
systems. The concerns of this section are not applicable to this request.
Interpretation of Section 4.2.5(b)
Section 4.2.5(b) allows the Planning Commission to waive the restrictions on disturbing slopes
upon finding the following (in part):
1. A strict application of these provisions would not forward the purposes of the
Zoning Ordinance.
The telecommunications facility is located in a wooded area on the side of a steep hill in
order to reduce visibility by using the back drop of trees, but also to remain effective. Its
location in this area requires fewer disturbances to the land and makes the tower less
visible from the surrounding area. Generally, the critical slopes regulations in the Rural
Areas are mainly focused toward ensuring that adequate building sites can be attained for
dwellings or other uses dependent on sewage systems without large - scaled, adverse
impacts to critical slopes. Section 5.1.40(b)(1) states "Notwithstanding section 4.2.3.1 of
this chapter, a facility may be located in an area on a lot or parcel other than a building
site." According to the Zoning Ordinance, therefore, the building site requirements they
relate to critical slopes are not relevant to personal wireless service facilities ( "PWSF's ").
The proposed facility will comply with the requirements for mitigating visual for treetop
PWSF's. This particular site was located within the parent parcel to provide access from
an existing driveway and highway entrance while maintaining setbacks from adjacent
properties. The subject parcel is located on the side of a large hill and thus, there are
large areas of steep slopes. Although there are portions of the subject parcel which avoid
critical slopes, this would necessitate a longer access road thus disturbing even more of
the subject property's natural topography. Further, the majority of the other areas on the
subject parcel which are not critical slopes consist of the septic drain field and therefore
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WILLIAMS MULLEN
February 12, 2009
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cannot be disturbed to serve as access. In addition, additional clearing for an alternate
access road to avoid critical slopes could require the removal of additional trees and
natural vegetation and increase the visibility of not only the access road, but also the
telecommunications facility.
Therefore, strict applications of Section 4.2 would not forward the purposes of the
Albemarle County Code or the Personal Wireless Services Facility Policy.
2. Due to its unusual size, topography, shape of the property, location of the property
or other unusual conditions, excluding the proprietary interest of the developer, the
requirements of section 4.2 would effectively prohibit or unreasonably restrict the
use of the property or would result in significant degradation of the site or adjacent
properties.
The subject parcel is located entirely on the side of a steep hill and thus the entire parcel
is a steep slope and portions are critical slopes. As a result, the telecommunications
facility was located on the parcel within trees to minimize its visibility, off of an existing
driveway to reduce the need to clear vegetation or trees for access, but the facility
remains on the side of a steep slope. Thus, due to the subject parcel's unusual
topography the application of the strict requirements of Section 4.2 would unreasonably
restrict the installation of a telecommunications facility on this subject parcel. The siting
of the telecommunications facility was specifically chosen to have a backdrop of trees
and therefore reduce the visibility of the monopole from the surrounding area.
3. Granting such modification or waiver would serve a public purpose of greater
import than would be served by strict application of section 4.2.
Wireless telecommunications facilities are an important utility for the public to provide
reliable mobile phone coverage for emergency purposes as well as an important utility for
emergency personnel who commonly locate their own equipment on the monopoles. In
this particular instance, the siting of this monopole on the side of a steep hill will provide
the backdrop of trees from most directions thus mitigating potential visual impacts to the
public. Thus, it will enable the public to benefit from the wireless telecommunications
services without the facility having an adverse visual impact. This will farther the goals
of the Comprehensive Plan.
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Conclusion:
Many of the concerns associated with the disturbance of critical slopes and the criteria for
evaluating a critical slopes waiver are considered and addressed generally through the existing
Personal Wireless Service Facilities Ordinance requirements, such as the requirements for tree
conservation plans, finished grades, and sound construction techniques. The telecommunications
facility is located in a small compound area using a short access road (a portion of which is
existing), and, because of the siring, has a backdrop of trees to reduce visibility. Therefore, we
appreciate your thoughtful consideration in analyzing this particular request for consistency with
the criteria for modifying the critical slopes regulations based on its own merits.
Please contact me if you have any questions or need any additional information.
Regards,
Kathryn M. C rmichael
cc: Gerry Sharpe, SAI
David Richardson, BC Architects Engineers
Valerie W. Long, Esq.
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