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HomeMy WebLinkAboutSP201200020 Review Comments Special Use Permit 2012-07-13�pFAL� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Rd. North Wing Charlottesville, VA 22902 Phone: 434- 296 -5832 July 13, 2012 Jessica Wilmer NTELOS Network Coordinator 1150 Shenandoah Village Drive Waynesboro, VA 22980 (540) 941 -3610 (office) (540) 241 -5060 (PCS) wilmed @ntelos.com Fax: 434 - 972 -4126 RE: SP201200020 NTELOS (CV830) Glendower /Schmidt Property Tier III PWSF Dear Ms. Wilmer, Staff has reviewed your initial submittal to allow a 91.3 foot steel monopole, painted brown, with a flush - mounted antenna array of three panel antennas and associated ground - equipment. The proposed monopole height is approximately. 20 feet above the reference tree. Planning Services Initial comments are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report (as required by Section 31.6 of the Zoning Ordinance.) • The proposed Tier III facility is located on a parcel within a historic district (Southern Albemarle Historic District), which -is an avoidance area. • The.primary adverse impact anticipated is that the monopole is visible directly in front of the site on Scottsville Road at the intersection with Riding Club Rd. • Specifically, the proposed Tier III facility is anticipated-to be skylit directly in front of Riding Club Rd as shown by the photo simulation and as is shown in balloon test photos taken by staff. • The facility is also anticipated to be momentarily skylit along Scottsville Rd. in the location shown in the photo simulation submitted by the applicant. • A letter of opposition has been submitted by an adjacent property owner located just off of Riding Club Rd. on Ladyslipper Path (letter provided previously be e- mail). • Based on visiting the site on June 29, 2012 for the balloon test, the planner concurs that the proposed Tier III facility may be visible from the adjacent property owner's property, • However, the proposed Tier III facility appears to otherwise be appropriately sited, as it is neither visible along'a majority of Scottsville Road. nor along any of Glendower Road. Page 1 of 3 • Along Glendower Road, the facility is completely shielded by tall trees on either side of the road. • The nearby Carter's Bridge Agricultural- Forest District will not be adversely impacted as the proposed monopole is not anticipated to be visible from Glendower Rd. • The Totier Creek Agricultural- Forestal District on Tax Map 121 Parcel 85 is not anticipated to be adversely impacted as the area /brief moment in which the monopole will be skylit is farther down Scottsville Road, approaching Riding Club Rd. • The proposed monopole is expected to be visible from TMPs 121- 82A4,121 -82D3, and 121 -83 • Due to the fact that the monopole is anticipated to by skylit in up- to two locations, the planner has requested that a viewshed analysis be done in conjunction with Geographic Data Services in order to further determine whether the visibility directly in front of Riding Club Rd. is sufficiently minimal. 1. [5.1.40(a)5] Provide photographs of the existing facility in the same lease area, as it is located within two hundred (200) feet from the proposed facility. 2. [5.1.40(c)4] Identify and label ALL.trees to be removed. Remove the note on sheet C -6 that reads: "Note: Additional trees may be required to be removed following preparation of tree, conservation plan." Remove the note on sheet D -1 that reads: "Trees that have been affected by construction shall be pruned to remove any dead or damaged limbs. No trees other than those explicitly identified on the plan and reviewed by the planner shall be removed or adversely impacted. 3. [5.1.40(c)9] Clarify whether the 6' chainlink fence with barbed wire is existing or proposed. If it is proposed, provide .written justification for the planner to make the findings under this section, or request a special exception with written justification under [18 -31.8] for review and approval by the Board of Supervisors. 4. [5.1.40(d)2] Provide written justification to demonstrate that the proposed facility is sited to minimise visibility from adjacent properties, as the proposed monopole is anticipated to be visible from adjacent properties. 5. [5.1.40(d)6] A special exception to modify the height of the proposed monopole above the reference tree (at 20 feet above) must be reviewed and approved by the Board of Supervisors under [18- 31.8]. 6. [5.1.40(b)5/32.5.6(a)] The vicinity map is not fully legible, as the text is blurred and the roads are not visible as shown. 7. [5.1.40(b)5/[32.5.6(i)] Provide the ROW widths for Scottsville Road and Riding Club Road on sheet C -1. Label Riding Club Road with its road name. Inspections No objections. Entrance Corridor No objections. VDOT Pending. Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter," which is attached. Page 2 of 3 Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience. Notification and Advertisement Fees Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay for the notification costs for public hearings. .Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is needed. S 200.00 Cost of newspaper advertisement/legal ad ts.93 Postage for total abutting owners 1" 7 2Z -07� ,-C j Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $275.00 Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $275.00 Additional amount due prior to Board of Supervisors public hearing 75745 5 $7 3 Total amount for all notifications Fees may be paid in advance. Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the same time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Feel free to contact me if you wish to meet or need additional information. My e -mail address is jpurtsezova @albemarle.org. Sincerely, % �; �y jalx� R,14wJ l-,� Joanne TV Purtsezova, Planner Planning Services Division CC: Valerie Long Williams Mullen 321 East Main Street Suite 400 Charlottesville, VA 22902 . Enclosed: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form Page 3 of 3 DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page. Be sure to include the-resubmittal form on the last page of your comment letter with your submittal. The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit /request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you Page I of 6 with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty -one (2 1) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See -attached Fee Schedule) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty -two (22) days prior to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad Payments for Public Hearings form. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary. circumstances, such as a major c_ hange in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application, If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 1.0 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite- deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees may. be paid in cash or by check and must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Page 2 of 6 FEE SCHEDULE FOR ZONING APPLICATIONS A. For a special use permit: 1. Additional lots under section 10.5.2.1; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Each additional resubmittal ....................................... ............................... ........................$500:00 2. Public utilities; application and first resubmission ' Fee..........:................................................................. ............................... ..:...................$1,000.00 Each additional resubmittal ..................................:.... ................................................:.......$500.00 3. Day care center; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Eachadditional resubmittal ....................................... ............................... ........................$500.00 4. Home occupation Class B; application and-first resubmission Fee...........................................................:................. ............................... ......................$1,000.00 Each additional re. submittal ............. ............................... .......................... ........................$500.00 5. 5. Amend existing special use permit; application and first resubmission Fee............................................................................ .............................:. ......................$1,000.00 Each additional resubmittal ............. ............................... $ ................... ............................... 500.00 6. Extend existing special use permit; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Each additional resubmittal ........................................ ............................... .......................$500.00 7. All other special use permits; application and first resubmission Fee................................................:........................... ............................... ......................$2,000.00 Each additional resubmittal ........................................................... ............................... $1,000.00 8. Deferral of scheduled public hearing at applicant's request Fee.........:................................................................... ............................... ........................$180.00 B. For amendment to text of zoning ordinance: Fee.. ........................................................ ...................... I ....................................................... $1000.00 C. Amendment to the zoning map: 1. Less than 50 acres; application and first resubmission Fee............................................................................ .............:................. ......................$2,500.00 2. Less than 50 acres; each additional resubmission Fee............................................................................ .................. .............. ......................$1,250.00 3. 50 acres or greater; application and first resubmission Fee............................................................................ ............................... ......................$3,500.00 4. 50 acres or greater; each additionafresubmission Fee............................. ................... ............................... .................... .....................$1,750.00 5. Deferral of scheduled public hearing at applicant's request Fee............................................................................. ............................... ........................$180.00 D. Board of Zoning Appeals: 1. Request for a variance or sign special use permit Fee............................................................................. ............................... ........................$500.00 2. For other appeals to the board of zoning appeals (including appeals of zoning administrator's decision) — Fee (to be.refunded if the decision of the zoning administrator is overturned) .......$240.00 N. Required notice: 1. Preparing and mailing or delivering up to fifty (50) notices: Fee............................................................................. ............................... ........................$200.00 plus the actual cost of first class postage 2. Preparing and mailing or delivering, per notice more than fifty (50): Fee............................................................................... ............................... ..........................$1.00 plus the actual cost of first class postage 3. 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Amr, end, mrents' R.-es m T, -Sche le mb Iff-to dul WrTitten Gulf. Monts an d 'Barillest. p I annint ig: Cam mv. is'slion Pubbltz H ea. riing,111r, Resta .1ttall! Date's I Columen1srim a: plitcaint R for -decTsTon!omi whetber tQ:prOc'G-ad1-t'-Q:P"bUC Hearth g. 0 to Tic ;V c0s:11an f. - r, P b" Fee Due PjanuT M Heanh-iq Monday" Wmediaesday MondaV 'Tuesday dan. 3 b.2: Fab 7 Mar I Feb I Feb 21 �M-ar jg ' Apr r Ma 24-- ....... .. . Am 19 Marl i Ap 6 .. ...... .. . ...... .. N it Imm 11 Bill I W 20 in ON oil 011 al v4 Pax -lax 2' onm-- May fila '244 Ap IT Ma7y"T.18. MOW 1. 1, RM Jul ih 21: 1 02 LZ # • Jun.20 W. 112 hl: , I Cly � Jumn 15 M4 &P,11.26 • un: 6 P6 Jull 110. Afu? t ,tunI. !23 . . . ..... . ........ AM 3 A ugi� a2' ryy ?7 Jul; 181; Apa., 17 Auq: I A uani 311 12 0-t 4. ........ .. ... A-up 11 1 .............. ....... ...... .... . . SZ; $1 ­f 8 .2. i�� I il - t 8. 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WR notbe allbwed cxoepl b. extraordims ri y rArmunistainces such as a to, the aWfllcan, t!% altanbmm VIP$ Page 5 of 6 FOR OFFICE USE ONLY SP # Fee Amount S Date Paid By who? Receipt # Ck# By: Resubmittal of information for 1-4 • _.7 TT-- T— ---- _!1 Specials use Permit PROJECT NUMBER THAT HAS BEEN ASSIGNED: Owner /Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner,. Contract Purchaser Print Name FEES that may apply: Date Daytime phone number of Signatory ❑ Deferral of scheduled public hearing at ap licant's request $180 �[k,4��- ��k ����1�_�t��tR;ry��.. l.iT�i���_P�^, ���i1' i�-`. .T!�]..��RZ���.�•_k�..��'1�'.^� :��3A}. Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission I FIFE ❑ Each additional resubmission (To BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,000 ay._tLi��a2sf 91g1rfi 1� } Resubmittal fees for original Special Use Permit fee of $1,000 ❑ First resubmission P3500 REE ❑ Each additional resubmission (to BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) To be raid after staff review for public notice: Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications reviewed by the Board of Zoning Appeals, however, only require one public hearing and therefore require just one fee for public notice. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450 per hearing. This estimate reflects the average cost of public notice fees for Special Use.Permit applications, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice + actual cost of first -class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) County of Albemarle Department.of .Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 Revised 1/1/2011 Page 1 of 1 Review Comments. Project Name: NTELOS CV830 GLENDOWER (SCHMIDT personal Wireless Facility Date Completed: lFriday, June 29, 2012 Reviewer: Margaret Maliszewski Department/Division /Agency: ARB Reviews Comments: At the June 29, 2012 balloon test, the balloon was visible from: 1) a point on Route 20 along the curve in.the road a short distance north of the site. It was a distant view and was only available for a short distance. 2) From The Riding Club Road intersection. The balloon was readily visible from the intersection. It was seen above the treetops and it was sky -lit. However, the balloon was not visible beyond the intersection. Regarding the ground equipment: The proposed ground equipment is not expected to be visible from the Entrance Corridor. Regarding the antennas: Given the degree of visibility displayed at the balloon test, the proposed facility is only expected to be minimally visible from the Route 20 Entrance Corridor and no real negative impact on the Entrance Corridor is anticipated. I ATTACHMENT F Review. Status: No Objection