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HomeMy WebLinkAboutSP201200015 Legacy Document 2012-08-08All �E ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201200015 — Colthurst Verizon Staff: Sarah Baldwin, Senior Planner Wireless Tier III PWSF Planning Commission Public Hearing: Board of Supervisors Hearing: July 17, 2012 TBD Owners: Ingleridge, LLC. Applicant: Verizon Wireless- Stephen Waller Acreage: 156.81 acres Rezone from: Not applicable 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 60 Parcel 2A By -right use: RA, Rural Areas Location: 1575 Ingleridge Farm Magisterial District: Jack Jouett Proffers /Conditions: Yes Requested # of Dwelling Units /Lots: N/A DA - RA - X Proposal: Request for installation of a six new flush- Comp. Plan Designation: Rural Area in Rural mounted antennas on an existing transmission tower Area 1. which will involve retrofitting an extension mount to a new height of 139 feet, relocation of the existing antenna array and changes to associated ground equipment. Character of Property: This property is zoned Rural Use of Surrounding Properties: Rural Areas - Areas, as well as all the surrounding properties. The site single family residential. is located in a field bordered by a grove of trees that screen the existing ground equipment. Additional trees exist on the north side of the site which provides screening from the road. Factors Favorable: Factors Unfavorable: 1. The proposal is on an existing facility and the 1. This in an existing tower among a line of additional antenna will not increase or cause any other transmission towers with this line, new impacts to adjacent properties or important which creates a significant visual impact resources. to the area. 2. Due to the height and scale of the existing transmission tower, the size difference will not have a significant impact to the structure. 3. The Architectural Review Board staff has recommended approval since the height increase and antennas will not significantly increase the negative visibility from Barracks Road or the Entrance Corridor. Zoning Ordinance Waivers and Recommendations: 1. Included are modifications for Sections 5.1.40(c)(3)(i),(c)(4), (c)(5), (d)(5), and (d)(6). Based on findings presented in the staff report, staff recommends approval of all modification requests. STAFF CONTACT: PLANNING COMMISSION: BOARD OF SUPERVISORS: AGENDA TITLE: PROPERTY OWNER: APPLICANT: PROPOSAL: Sarah Baldwin, Senior Planner July 17, 2012 August 1, 2012 SP201200015: Colthurst - Verizon Wireless Tier III Ingleridge, LLC. Verizon Wireless -c /o Stephen Waller This is a request for installation of a six new flush- mounted antennas on an existing transmission tower which will involve retrofitting an extension mount to a new height of 139 feet, relocation of the existing antenna array and changes to associated ground equipment. The transmission tower is approximately 120 feet above ground level ( "AGL "). The new antenna arrays will be located at 126 feet AGL and 135 feet AGL respectively. No other changes are proposed at this time. The 156 acre property, described as Tax Map 60, Parcel 2A, is located in the Jack Jouett Magisterial District and is zoned Rural Areas ( "RA"). COMPREHENSIVE PLAN: The Comprehensive Plan designates the property as Rural Area in Rural Area 1. CHARACTER OF THE AREA: This property is zoned Rural Areas, as well as all the surrounding properties. The site is located in a field bordered by a grove of trees that screen the existing ground equipment. Additional trees exist on the north side of the site which provides screening from the road. PLANNING AND ZONING HISTORY: A building permit for a Tier I PSWF was issued in 2005 for the prior antenna array. DISCUSSION: A special permit is necessary for this transmission tower only to accommodate the increase in height. In addition the applicant is requesting several waivers, which are supported by Staff due to the fact that this is an existing tower. It should be noted that the increase in height is only necessary to accommodate Virginia Dominion's policy changes which no longer allow antennas below any lines on their high tension transmission towers. 2 ANALYSIS OF THE SPECIAL USE PERMIT REQUEST: Section 31.6.1 of the Zoning Ordinance below requires that special use permits be reviewed as follows: Will the use be of substantial detriment to adjacent property? It is not anticipated that the proposed addition of antenna arrays or additional height increase will be of any detriment to the adjacent properties, aside from limited temporary construction activity to accommodate the arrays and associated ground equipment. The new antenna arrays will not substantially change the visual impact of the existing tower due to the scale of the existing structure. Will the character of the zoning district change with this use? As mentioned above, no substantial changes will occur with the addition of height or antenna arrays aside from limited construction activity associated with the change. This is an existing transmission tower with existing antennas, and any impact should be limited. Will the use 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. 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. Will the use be in harmony with the uses permitted by right in the district? No significant adverse impacts are anticipated, since this request involves a 19 foot increase in height and the addition of two antenna array. Will the public health, safety and general welfare of the community 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. The proposed increase in antenna arrays will provide more reliable access to the wireless communication market, to include schools and residences. This can be seen as contributing to the public health, safety and welfare. Otherwise, no change to the public health, safety and general welfare is expected with approval of the additional antenna arrays. 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 [Ordinance sections are in bold italics]: Section 5.1.40(e) Tier 111 facilities. Each Tier 111 facility may be established upon approval of a special use permit issued pursuant to section 31.6.1 of this chapter, initiated upon an application satisfying the requirements of subsection 5.1.40(a) and section 31.6.2, 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 31.6.1 special use permits have been met. Due to safety reasons, no balloon test can be performed and the Applicant has submitted photo - simulations (Attachment C). 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 meets 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 proposed changes to the monopole do not require the installation of guy wires, nor will it be fitted with any whip antennas. All other requirements have been met. 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 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. M The Applicant has identified that the antennas on one of proposed array will be approximately 1581 square inches and they have requested a waiver of the requirement which will exceed the ordinance requirement of 1152 square inches. Due to the height and scale of the existing transmission tower, the size difference will not have a significant impact to the structure. The existing and proposed changes to the tower meet all other relevant design, mounting and size criteria of this subsection. 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 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. The installation of the proposed antenna array for this personal wireless service facility will not require the removal of any trees. Since this is an existing tower and no changes to the height are requested, a waiver of this requirement is appropriate. 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. As stated above, this is an existing tower where no changes are proposed that will require the removal of any trees and a waiver of this subsection is appropriate. 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 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 1 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. Should use of the antennae site in this location become discontinued at anytime in the future, Verizon Wireless and /or its assignee(s) will be required to remove the facility within 90 days. Subsection 5.1.40(c)M: 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. It is recommended that Verizon Wireless submit an annual report updating the user status and equipment inventory of the facility at or prior to building permit issuance and then annually to satisfy the requirements under the Ordinance. Subsection 5.1.40(c)(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. Since the proposed changes include the addition of an antenna array and associated changes to an existing tower, no slopes are affected. 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. Staff has not determined that a fence is necessary at this site since it is on an existing tower. 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 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. The existing transmission tower contains adequate screening and meets the I requirements of this subsection for the ground equipment. Due to the height of the existing transmission tower and existing associated ground equipment, the additional height and number of antennas will not significantly increase the visibility of this structure. Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county's open space plan. This proposal does not substantially change the visual impact of the tower and does not adversely impact any resources in the open space plan. Section 5.1.40(d)(4): The facility shall not be located so that it and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet. There are no other PWSF within 200 feet of this tower. Section 5.1.40(d)(5): The maximum base diameter of the monopole shall be thirty (30) inches and the maximum diameter of the top of the monopole shall be eighteen (18) inches. Since this tower is constructed for supporting high tension power lines, it does not meet the diameter requirements and the Applicant is requesting a waiver. 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 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). The applicant has requested a waiver of this requirement as there are no trees in the immediate area. Although the height is being increased, this in an existing tower among a line of other transmission towers with this line, which creates a significant visual impact to the area. This proposal does not substantially change the visual impact of the tower and transmission lines which does not adversely impact any resources in the open space plan. 7 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 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 applicant states that the proposed antenna array will be painted with a light blue gray hue to match the existing color of the tower. All supporting equipment changes will be painted Sherwin Williams Java Brown ( #6090). Section 5.1.40(d)(8): Each wood monopole shall be constructed so that all cables, wiring and similar attachments that run vertically from the ground equipment to the antennas are placed on the pole to face the interior of the property and away from public view, as determined by the agent. Metal monopoles shall be constructed so that vertical cables, wiring and similar attachments are contained within the monopole's structure. The proposed tower extension mount will be designed to conceal the cables and a conduit port was previously added to the existing tower that allows the cables to run vertically up the back side of the pole. Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use permit. The facility complies with all conditions of approval of the special use permit (Section 31.6.3). Section 704(a) (7) (b) (1) (11) 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 (1) shall not unreasonably discriminate among providers of functionally equivalent services; (ll) 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 8 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. RECOMMENDATION: Staff recommends approval of the height increase to 139 feet and additional antenna array for this personal wireless facility, and modifications based upon the analysis provided herein. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: The proposal is on an existing facility and the additional antenna will not increase or cause any new impacts to adjacent properties or important resources. 2. Due to the height and scale of the existing structure, the size difference will not have a significant impact to the structure. 3. The Architectural Review Board staff has recommended approval since the height increase and antennas will not significantly increase the negative visibility from Barracks Road or the Entrance Corridor. Factors unfavorable to this request include: 1. This in an existing tower among a line of other transmission towers with this line, which creates a significant visual impact to the area. In order to comply with Section 5.1.40(d) of the Zoning Ordinance if recommended for denial, the Planning Commission 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. Special Exceptions to the Zoning Ordinance: Request for modifications must be reviewed under the criteria established in Section 31.8 taking into consideration the factors, standards, criteria and findings for each request; however no specific finding is required in support of a decision. The proposed modifications for an additional antenna array on the existing tower are part of a larger project to improve Verizon Wireless' existing network of facilities by adding fourth generation (" 4G ") services to the existing cellular services. Staff is able to support all of the recommended modifications described in the staff report because the facility is existing. The recommended modifications are for requirements of the ordinance that are generally meant to aid in the determination of whether a new tower is appropriate in the proposed area of the County or whether a height increase is appropriate, these specific requirements are not applicable for existing towers seeking the addition of antennas or minor additions in height. Staff is supportive of the modification for an increase in the 9 size of the new antenna, since the size difference will not have a significant impact in comparison to the height and scale of the existing transmission tower. Listed below are the recommended modifications: 1. Section 5.1.40(c)(3)(i) -Size of antenna. 2. Section 5.1.40(c)(4)- Submittal of a tree conservation plan. 3. Section 5.1.40(c)(5) -Site to be in accordance with a tree conservation plan. 4. Section 5.1.40(d)(5)- Maximum size of base and diameter of tower. 5. Section 5.1.40(d)(6)- Height of tower in relation to tallest tree. If the Planning Commission recommends approval of this application, Staff recommends the following conditions: Conditions of approval: 1. Development and use shall be in general accord with what is described in the applicant's request and site plans, entitled "Colthurst LTE 4G Upgrade ", with a final zoning drawing submittal date of 6/25/12 (hereafter "Conceptual Plan "), as determined by the Director of Planning and Zoning Administrator. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. ATTACHMENTS: A. Site Plan B. Vicinity Map C. Applicant Photo Simulations 10 Motion One: The Planning Commission's role in this case (SP201200015) is to make a recommendation to the Board of Supervisors to approve or deny the modifications for Sections 5.1.40(c)(3)(i),(c)(4), (c)(5), (d)(5), and (d)(6) under the special exception criteria of Section 31.8. A. Should the Planning Commission choose to recommend approval of the modifications Tier III personal wireless service facility: I move to recommend approval of the modifications for SP 20120015 Colthurst - Verizon Wireless Tier III PWSF with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of the modifications of this Tier III personal wireless service facility: I move to recommend denial of the modifications for SP 201200015 - Colthurst Verizon Wireless Tier III PWSF (Planning Commission needs to give a reason for denial). Motion Two: The Planning Commission's role in this case (SP201200015) is to make a recommendation to the Board of Supervisors. A. Should the Plannina Commission choose to recommend aaaroval of this Tier III personal wireless service facility: I move to recommend approval of SP 20120015 Colthurst - Verizon Wireless Tier III PWSF 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 201200015 - Colthurst Verizon Wireless Tier III PWSF (Planning Commission needs to give a reason for denial).