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HomeMy WebLinkAboutSP201100028 Review Comments Special Use Permit 2011-11-17Christopher Perez From: Christopher Perez Sent: Thursday, November 17, 2011 3:46 PM To: wilmerj @ntelos.com' Subject: SP201 1 00028 — Ntelos CV646 Commonwealth Ave — Comments Attachments: Fees breakdown.xls; PERSONAL WIRELESS SERVICE FACILITIES Policy - applicable sections for Tier Ill.doc Jessie, I have reviewed the application for SP201100028 — Ntelos CV646 Commonwealth Ave and the associated site plan for the proposal and have provided all my comments in the attached word document which lists all applicable sections of the ordinance for a Tier III facility. Below each of the requirements of the ordinance I noted in italics whether the proposal "Complies" or "Revision to Site plan Requested" or whether a waiver will be required and why. Please review the attached document, once you have had a chance to digest it all give me a call and we can discuss it. Notably we'll need all the revisions to the site plan that are mentioned in the comment letter no later than Monday, Nov 28th (this should be doable because all the revisions are minor in nature), below I have provided a summary of all revisions requested to the site plan (these are also listed in the attached word doc): 1) The floodlight detail provided on sheet 6 of the plan does not meet County requirements for outdoor lighting. Revise the plan to provide a light fixture which is fully shielded and meets the definition of "Full Cutoff Luminaire: any outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. " Also, on the plan provide a note which states that the proposed light fixture shall be fully shielded in accordance with Albemarle County Requirements. 2) On the plan provide a note which states the antennas and the associated equipment shall be a color that matches the existing structure. 3) Sheet L -1, the Twin Cedar Tree is labeled as 8 ", however throughout the remainder of the site plan the tree is labeled as 12" Twin Cedar. Address the inconsistency between sheets and revise appropriately. During the review of the proposal we also identified additional waivers which need to be applied to the project. We do not need you to do anything with them except understand them; based on the application and the fact that it is an existing situation we are in support of them ... we'll enter them into the staff report that goes to the PC. Also, after checking with Stephanie it appears we can get the SP on the agenda for the PC at their Dec 13th meeting and make all the legal requirements for advertising... however in order to do this we need to send the advertisement out by Monday, Nov 21St. In order to advertise we need to have the advertisement fee collected by then. The advertising fee for the PC and BOS public hearings total to: $ 605.44 this fee is payable in cash or check (attached is the excel fee breakdown). Please swing by our office to pay this by Monday's deadline. If we are unable to make this deadline the item will have to wait till the January 10th PC meeting. Also, since there is an existing site plan on the property and the current proposal alters the approved plan you will need to apply for a site plan amendment before you will be issued a building permit. We can do this as a Letter of Revision (LOR), to which you'll need to fill out the application and pay the fee. This can be applied for anytime before or after the SP goes to the PC or BOS but you will not obtain a building permit until it is accomplished. Please give me a call if you have any questions. Thanks Christopher P. Perez I Senior Planner Department of Community Development I County of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 "Before beginning, plan carefully." - Tully * Applicable Sections for Tier III * See. 5.1.40 PERSONAL WIRELESS SERVICE FACILITIES The purpose of this section 5.1.40 is to implement the personal wireless service facilities policy, adopted as part of the comprehensive plan. Each personal wireless service facility (hereinafter "facility ") shall be subject to following, as applicable: a. Application for approval: Each request for approval of a facility shall include the following information: 1. A completed application form, signed by the parcel owner, the parcel owner's agent or the contract purchaser, and the proposed facility's owner. If the owner's agent signs the application, he shall also submit written evidence of the existence and scope of the agency. If the contract purchaser signs the application, he shall also submit the owner's written consent to the application. Complies 2. A recorded plat or recorded boundary survey of the parcel on which the facility will be located; provided, if neither a recorded plat nor boundary survey exists, a copy of the legal description of the parcel and the Albemarle County Circuit Court deed book and page number. Complies 3. The identity of the owner of the parcel and, if the owner is other than a real person, the complete legal name of the entity, a description of the type of entity, and written documentation that the person signing on behalf of the entity is authorized to do so. Complies 4. Except where the facility will be located entirely within an existing structure, a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation required by the agent, signed and sealed by an appropriate licensed professional. The plans and supporting drawings, calculations and documentation shall show: (a) The location and dimensions of all existing and proposed improvements on the parcel including access roads and structures, the location and dimensions of significant natural features, and the maximum height above ground of the facility (also identified in height above sea level). Complies (b) The benchmarks and datum used for elevations. The datum shall coincide with the Virginia State Plane Coordinate System, South Zone, North American Datum of 1983 (NAD83), United States Survey Feet North American Vertical Datum of 1988 (NAVD88), and the benchmarks shall be acceptable to the county engineer. Complies: Sheet T -I (c) The design of the facility, including the specific type of support structure and the design, type, location, size, height and configuration of all existing and proposed antennas and other equipment. Complies (d) Identification of each paint color on the facility, by manufacturer color name and color number. A paint chip or sample shall be provided for each color. Needs a waiver. it is an existing steel tower. (e) Except where the facility would be attached to an existing structure, the topography within two thousand (2,000) feet of the proposed facility, in contour intervals not to exceed ten (10) feet for all lands within Albemarle County and, in contour intervals shown on United States Geological Survey topographic survey maps or the best topographic data available, for lands not within Albemarle County. Needs a waiver. this requirement is NA because the facility is attached to an existing structure. (f) The height, caliper and species of all trees where the dripline is located within fifty (50) feet of the facility that are relied upon to establish the proposed height and/or screening of the monopole. All trees that will be adversely impacted or removed during installation or maintenance of the facility shall be noted, regardless of their distances to the facility. Needs a waiver. this requirement is NA because the facility is attached to an existing structure/ tower which was established pre -the wireless policy and there is no tree associated with the tower height. (g) All existing and proposed setbacks, parking, fencing and landscaping. Needs a waiver for the setbacks and landscaping. Normally the setbacks for this type of facility would be determined by the height of the facility, with a one -to -one ratio but because the facility is existing the setbacks should be waived as it is not possible to obtain such a ratio on this site. The landscaping should also be waived because the site is existing and provides little to no room for such landscaping. Notably, the site plan depicts all the existing and proposed parking and fencing for the facility as well as the sole tree on the property. (h) The location of all existing accessways and the location and design of all proposed accessways. Complies (i) Except where the facility would be attached to an existing structure, residential and commercial structures, and residential and rural areas zoning district boundaries. Needs a waiver. this requirement is NA because the facility is attached to an existing structure. 0) If the proposed tower will be taller than one hundred fifty (150) feet, the proximity of the facility to commercial and private airports. Needs a waiver. this requirement is NA because the tower is not proposed, it is existing. The facility is within an Airport Impact Area (AIA) overlay district however the existing structure is only 100' tall and no height increase is proposed and the existing structure does not penetrate the district. 5. Photographs, where possible, or perspective drawings of the facility site and all existing facilities within two hundred (200) feet of the site, if any, and the area surrounding the site. Complies 6. For any proposed monopole or tower, photographs taken of a balloon test, which shall be conducted as follows: (a) The applicant shall contact the agent within ten (10) days after the date the application was submitted to schedule a date and time when the balloon test will be conducted. The test shall be conducted within forty (40) days after the date the application was submitted, and the applicant shall provide the agent with at least seven (7) days prior notice; provided that this deadline may be extended due to inclement weather or by the agreement of the applicant and the agent. Needs a waiver. this requirement is NA because the facility is existing and no height increase is proposed. A balloon test is not warranted and conducting one on this site is not safe. (b) Prior to the balloon test, the locations of the access road, the lease area, the tower site, the reference tree and the tallest tree within twenty five (25) feet of the proposed monopole shall be surveyed and staked or flagged in the field. Needs a waiver. this requirement is NA because the facility is existing and no height increase is proposed. A balloon test is not warranted and conducting one on this site is not safe. (c) The test shall consist of raising one or more balloons from the site to a height equal to the proposed facility. Needs a waiver. this requirement is NA because the facility is existing and no height increase is proposed. A balloon test is not warranted and conducting one on this site is not safe. (d) The balloons shall be of a color or material that provides maximum visibility. Needs a waiver: this requirement is NA because the facility is existing and no height increase is proposed. A balloon test is not warranted and conducting one on this site is not safe. (e) The photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties, along each publicly used road from which the balloon is visible, and other properties and locations as deemed appropriate by the agent. The applicant shall identify the camera type, film size, and focal length of the lens for each photograph. Needs a waiver. this requirement is NA because the facility is existing and no height increase is proposed. A balloon test is not warranted and conducting one on this site is not safe. 7. If antennas are proposed to be added to an existing structure, all existing antennas and other equipment on the structure, as well as all ground equipment, shall be identified by owner, type and size. The method(s) by which the antennas will be attached to the mounting structure shall be depicted. Complies 8. If the proposed facility would be located on lands subject to a conservation easement or an open space easement, a copy of the recorded deed of easement and the express written consent of all easement holders to the proposed facility. Needs a waiver: this requirement is NA because the facility is not located within a conservation easement. b. Exemption from regulations otherwise applicable: Except as otherwise exempted in this paragraph, each facility shall be subject to all applicable regulations in this chapter. 1. 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. Complies 2. Notwithstanding section 4.10.3.1(b) of this chapter, the agent may authorize a facility to be located closer in distance than the height of the tower or other mounting structure to any lot line if the applicant obtains an easement or other recordable document showing agreement between the lot owners, acceptable to the county attorney addressing development on the part of the abutting parcel sharing the common lot line that is within the facility's fall zone (e.g., the setback of an eighty (80) foot -tall facility could be reduced to thirty (30) feet if an easement is established prohibiting development on the abutting lot within a fifty (50) foot fall zone). If the right -of -way for a public street is within the fall zone, the Virginia Department of Transportation shall be included in the staff review, in lieu of recording an easement or other document. Needs a waiver for the setbacks because it's an existing tower and there are no proposed increases in height. Requiring an easement for the fall zone of the existing tower is neither feasible nor logical. 3. The area and bulk regulations or minimum yard requirements of the zoning district in which the facility will be located shall not apply. Noted 4. Notwithstanding section 4.11 of this chapter, a facility may be located in a required yard Noted 5. Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a facility, but the facility shall be subject to the requirements of section 32 and the applicant shall submit all schematics, plans, calculations, drawings and other information required by the agent to determine whether the facility complies with section 32. In making this determination, the agent may impose reasonable conditions authorized by section 32 in order to assure compliance. Complies, a site plan has been submitted. c. Tier I facilities. Each Tier I facility may be established upon approval of an application satisfying the requirements of subsection 5.1.40(a) by the agent, demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter, satisfying all conditions of the architectural review board, and meeting the following conditions: 2. The facility shall be designed, constructed and maintained as follows: (i) guy wires shall not be permitted; Complies, no guy wires are used. (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; Revision to Site plan Requested: The floodlight detail provided on sheet 6 of the plan does not meet County requirements for outdoor lighting. Revise the plan to provide a light fixture which is fully shielded and meets the definition of "Full Cutoff Luminaire: any outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane." Also, on the plan provide a note which states that the proposed light fixture shall be fully shielded in accordance with Albemarle County Requirements. (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; Complies, will be surrounded by a chain link fence with 2" mesh/ 9 Guage Min with zinc coated fabric 6' tall. (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. Needs a waiver, the requirement is NA, the tower is existing and the new antenna is proposed to be located at the 85' level, everything above such height is existing. 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; Complies (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 Complies (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. Revision to Site plan Requested: on the plan provide a note which states the antennas and the associated equipment shall be a color that matches the existing structure. 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 two hundred (200) feet from the lease area to be included in the plan. Applicant is REQUESTING A WAIVER - I believe the waiver is warranted because the facility exists and there is only one tree onsite (as depicted on the site plan). 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. Applicant is REQUESTING A WAIVER - I believe the waiver is warranted because the facility exists and there is only one tree onsite (as depicted on the site plan). 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 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 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 permittee fails to timely remove another tower or pole within the county; and (vi) whenever otherwise deemed necessary by the agent. Noted 7. 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 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. Noted 8. No slopes associated with the installation of the facility and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are employed. Complies 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. Complies d. Tier H facilities. 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. 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. Complies 3. The facility shall not adversely impact resources identified in the county's open space plan. Complies 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). Applicant is REQUESTING A WAIVER - I believe the waiver is warranted because the requirement is NA as the facility is exists and is not a mono pole. Also there is only one tree onsite. 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. Applicant is REQUESTING A WAIVER - I believe the waiver is warranted because the requirement is NA as the facility exists and is not a wood mono pole, rather an existing tower. 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 (REPEALED), initiated upon an application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4 (REPEALED), 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. Other Revisions to the Site Plan: * Sheet L -1, the Twin Cedar Tree is labeled as 8 ", however throughout the remainder of the site plan the tree is labeled as 12" Twin Cedar. Address the inconsistency between sheets and revise appropriately. Summary of all revisions to the site elan: 1) The floodlight detail provided on sheet 6 of the plan does not meet County requirements for outdoor lighting. Revise the plan to provide a light fixture which is fully shielded and meets the definition of "Full Cutoff Luminaire: any outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane." Also, on the plan provide a note which states that the proposed light fixture shall be fully shielded in accordance with Albemarle County Requirements. 2) On the plan provide a note which states the antennas and the associated equipment shall be a color that matches the existing structure. 3) Sheet L -1, the Twin Cedar Tree is labeled as 8 ". however throughout the remainder of the site plan the tree is labeled as 12" Twin Cedar. Address the inconsistency between sheets and revise appropriately.