HomeMy WebLinkAboutSDP201100006 Legacy Document 2012-06-25 (3)WILLIAMS MULLEN
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vlon*armkhael @williem ullen.eom
March 16, 2011
VIA ELECTRONIC MAIL
Gerald Gatobu
Principal Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902
RE: County of Albemarle School Board / AT &T Wireless Telecommunications Facility
AT &T Site "CV435 — Walton Middle School"
Critical Slopes Waiver Request
Dear Mr. Gatobu:
AT &T is submitting this request to request a waiver of Section 4.2 of the zoning ordinance to
permit a very minor disturbance of critical slopes for the installation of the proposed New
Cingular Wireless, PCS (AT &T) wireless telecommunications facility at Walton Middle School,
Overview:
The facility consists of an 87 foot tall monopole, a 20 foot by 30 foot lease area with an 11'5" by
20' equipment shelter mounted on a concrete slab and an additional approximately 250 feet of
gravel access road. These areas (1,887 square feet combined) total 0.0009% of the parent parcel
(Albemarle County Tax Map 101 -56A). Of this, about 315 square feet (16.7% of the facility's
area) are critical slopes as defined by the County zoning ordinance. There are no other areas of
critical slopes that would be disturbed by the proposed wireless telecommunications facility.
Construction of the concrete slab and equipment shelter will not require any significant grading:
the concrete slab will be 6" concrete slab foundation on crushed stone.
The areas of critical slopes are identified on the drawings prepared by Warren Williams &
Associates dated March 13, 2011 (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
A Profeuional Corporation
NORTH CAROLINA • VIRGINIA a WASHINGTON, D.C. • LONDON
321 East Main St., Suite 400 Charlottesville, VA 22902 -3200 Td; 434.951.5700 Fax 804.783.6507 or 434.817.0977
www.wifliamsmullen.com
ATTACHMENT C
WILLIAMS MULLEN
Mr. Gerald Gatobu
March 16, 2011
Page 2
Construction of the tower equipment platform and access road will not require substantial
grading, but, rather, it will require some minimal fill, gentle smoothing and finish
grading. No 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 and will be quickly absorbed.
Siltation of natural and man -made bodies of water
Although the north fork of the Hardware River flows through the parcel, the very minor
amounts of man-made critical slopes that will be disturbed are not located near the River,
and will not lead to any siltation of the River. The proposed telecommunications facility
comprises a minute portion of the property, and the remaining areas of critical slopes will
remain undisturbed. The proposed soil compaction, geo - synthetic fiber layer and
gravelling will stabilize the soil at the access road. This structural stabilization,
combined with the extensive, existing vegetation to remain near the disturbed area, will
minimize the possibility of any silt reaching the River.
Loss of aesthetic resource
The 315 square feet of critical slopes that would be disturbed to construct the access road
for the telecommunications facility is not located on a critical slope identified on the
maps of the Open Space Plan.
ATTACHMENT C
WILLIAMS MULLEN
Mr. Gerald Gatobu
March 16, 2011
Page 3
The existing aesthetic resources of the subject parcel reside chiefly in the characteristics
of the existing woods and vegetation. There will be no significant loss to these resources.
The majority of the existing woods and vegetation will remain with only eleven trees to
be removed for this facility. The existing trees to remain will receive tree protection
during and after construction. The existing tree canopy will provide adequate screening
for the tower for views from the Red Hill Road and Route 20. This telecommunications
facility is located in a heavily wooded portion of the property.
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(x)(3)
Section 4.2.5(a)(3) 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 parcel in order to
reduce visibility by existing trees to screen the facility, 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 ( "PWSFs ").
The proposed facility will comply with the requirements for mitigating visual impact for
treetop PWSFs. This particular site was located within the parcel to provide access from
the public road to minimize the length of the access road, thus reducing its visual impact.
Moving the access road to avoid the man-made critical slopes would require a longer
access road, more impervious surface, and more visual impact. In addition, it would
conflict with the preferences of the Virginia Department of Transportation, as discussed
below.
ATTACHMENT C
WILLIAMS MULLEN
Mr. Gerald Gatobu
March 16, 2011
Page 4
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. Alternatives proposed by the developer or subdivider would satisfy the intent and
purposes of section 4.2 to at least an equivalent degree.
The applicant is proposing to disturb approximately 315 square feet of critical slopes. Of
these slopes, it appears from visually reviewing the site, that some, if not all, of these
slopes are man -made and result from the construction of Red Hill Road and development
of the subject parcel for the school, and are not naturally occurring. The alternative to
disturbing these critical slopes identified would include a longer, more intrusive access
way which would disturb even steeper critical slopes. The applicant's proposal of a
disturbance of a very small portion of critical slopes which are located at the front of the
parcel due to the location of the roadway, does satisfy the intent and purposes of section
4.2 by limiting the majority of the development (all but a very small part of the access
road) away from critical slopes areas.
3. 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.
Due to the construction of the primary roadway providing access to this parcel, Red Hill
Road, a significant amount of the front portion of the parcel is considered critical slopes
by Albemarle County. As a result, in order to access the area where the facility is
proposed to be located off of Red Hill Road, the driveway must cross over the critical
slopes. The Applicant has also communicated with the Virginia Department of
Transportation ( "VDOT ") regarding the access path off of Red Hill Road and the
representatives from VDOT have indicated that they prefer that the proposed driveway
entrance is not located closer to the existing driveway so as to not encroach on the taper
for the turn lane. 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 location for the
telecommunications facility was specifically chosen to take advantage of the screening
provided by the existing trees on site to reduce the visibility of the monopole from the
surrounding area.
ATTACHMENT C
#j
WILLIAMS MULLEN
Mr. Gerald Gatobu
March 16, 2011
Page 5
4. 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
addition, the proposed wireless facility at Walton Middle School will provide wireless
service where there is no service now, which will greatly enhance the emergency
communications capabilities and provide support for the technological investments that
the County School Division has made in technology that is supported by AT &T's
wireless network. In this particular instance, the location of the access road right next to
Red Hill Road will enable the access road to be fairly short, resulting in less impervious
area, and less visual impact on the land. Thus, it will enable the public to benefit from
the wireless telecommunications services without the facility having an adverse visual
impact. This will further the goals of the Comprehensive Plan.
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, and, because of the siting
in a grove of trees, is well screened 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,
Vim.
Valerie W. Lon
cc: Joe O'Connor, SAI
14324771 „1 DDC
ATTACHMENT C