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Home My WebLink AboutSP201200017 Special Exception 2012-08-090 WILLIAMS MULLEN June 26, 2012 VIA HAND DELIVERY Brent Nelson, Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 RE: SP 2012 -00017 Llandaff Property / NTELOS Wireless Telecommunications Facility NTELOS Site IICV828 Carter's Bridge" Critical Slopes Waiver Request Dear Mr, Nelson: NTELOS is submitting this request to allow disturbance of critical slopes for the installation of the proposed Virginia PCS Alliance, L.C. ( NTELOS) wireless telecommunications facility, located on tax map parcel 112 -9, owned by Llandaff, LC. Overview: The facility consists of a telecommunications facility monopole structure, two (2) equipment cabinet platforms, a future 45 square foot concrete equipment slab within a 750 square foot gravel compound area, and a gravel access road covering 19,190 square feet. These areas (19,940 square feet combined) total 2.31% of the parent parcel, Albemarle County Tax Map 11200- 00 -00- 00900. The construction of the telecommunications facility will require approximately 10,544 square feet of disturbed area on the critical slopes, all of it in the form of grading and fill for the access road. The areas of critical slopes are identified on the drawings prepared by Timmons Group dated June 25, 2012 (the "Zoning Drawings "). NTELOS 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 blasting or rock removal is proposed or foreseen. The site will be geologically stabilized with erosion control measures as outlined in the Zoning Drawings. R Professional Corporation NORTH CAROLINA • VIRGINIA • WASHINGTON, D.C. • LONDON 321 East Main St., Suite 400 Charlottesville, VA 22902 -3200 Tel: 434.951.5700 Fax: 804.783.6507 or 434.817.0977 www.williamsmullen.com Brent Nelson June 26, 2012 Page 2 These measures include: 1. Silt fence 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 fine 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 facility 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 While there is a stream that flows through the subject parcel, the proposed disturbance of critical slope areas necessary for construction of the access road will not result in any siltation of the stream. The parcel contains 19.8 acres and is largely wooded. The proposed access road will be constructed as to minimize the cut and fill activities required to ensure a passable route. Much of the route is along an existing powerline easement and old access road. This will allow us to match the existing topography as much as possible and simply leveling a 12 foot wide path. The alignment of the access road has been carefully delineated to avoid steep cross slopes on the road that could potentially contribute to slope erosion. It is anticipated that the proposed grading activities will take place in less than one week, therefore allowing the disturbed areas to be stabilized in advance of a storm event. Perimeter silt fence on the downhill side of the access road will serve as the primary erosion control measure for the adjacent stream. Also, there is an existing vegetated buffer between the proposed access road and stream that will serve as an additional filter mechanism for any runoff attributed to this development. AA [ 11 [ I WILLIAMS MULLEN Brent Nelson June 26, 2012 Page 3 Loss of aesthetic resource Due to the scale of the Open Space Plan maps, it is difficult to determine whether the critical slopes that would be disturbed for the installation of the proposed facility are 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. The majority of the existing wooded vegetation will remain with only modest tree removal necessary for the construction of the access road. The significant portions of the proposed access road will follow an existing cleared path and an existing cleared power line easement. The existing trees to remain will receive tree protection during and after construction. The existing tree canopy at the tower site will provide adequate screening for the tower for views from the West and cover for views from the North and South. 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 back side of the property in order to reduce visibility, 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. The proposed facility will comply with the requirements for mitigating visibility for treetop wireless telecommunications facilities. This particular site was located within the parcel to provide access from an existing highway entrance while maintaining setbacks from adjacent properties. The subject parcel is located on a large hill and thus, there are areas of steep slopes. The tower facility itself is not located within a critical slopes area, but portions of the proposed access road is with a critical slope area of the subject parcel. AA [ I WILLIAMS MULLEN Brent Nelson June 26, 2012 Page 4 The majority of the proposed access road follows an existing cleared area encumbered by a power line easement and an existing grassed path area across the subject parcel, thus disturbing less of the subject property's current natural topography. Further, the majority of the other areas on the subject parcel which are not critical slopes consist of the dwelling site and outbuildings and therefore 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 not within the already cleared power line easement and cleared pathway area and increase the visibility of the access road. Therefore, strict applications of Section 4.2 would not forward the purposes of the Albemarle County Code or the Personal Wireless Services Facility Policy. Alternatives proposed by the applicant would satisfy the intent and purpose of section 4.2 to at least an equivalent degree. As discussed previously in this letter, the applicant is proposing engineering measures as part of the proposal that will avoid the adverse impacts that are often associated with the disturbance of critical slopes. Given the fact that the proposed access road route is largely through an existing cleared area, the use of these engineering measures will satisfy the intent and purpose of section 4.2 at least to an equivalent degree. 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. The subject parcel is located entirely on the side of a hill and thus large portions of the parcel are critical slopes. The telecommunications facility was located on the parcel within trees to minimize its visibility. As a result, the proposed access road is located along areas with critical slopes, but within areas that are already cleared of natural vegetation or trees. 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 reduce the visibility of the monopole from the surrounding area. AA III WILLIAMS MULLEN Brent Nelson June 26, 2012 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 this particular instance, the siting of this monopole at this location will provide a minimal view from most directions thus mitigating potential visual impacts. 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, particularly the Wireless Telecommunications Facilities 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 an access road that follows areas already cleared of vegetation, and, because of the siting, has reduced visibility from the Route 20 Entrance Corridor and adjacent properties. For the reasons stated herein, we contend that the application satisfies all four of the findings in Section 4.2.5.a.3, even though only one finding is actually required for purposes of approving the waiver request. Please contact me if you have any questions or need any additional information. Regards, T. Preston Lloyd, cc: Jessie Wilmer, NTELOS Brian Crutchfield, Timmons Group Valerie W. Long 18490047 4 DOC z Lq r m rz m o � QD o ` a GRADING LEGEND X25,0 FINISHED SPOT ELEVATION —525— PROPOSED CONTOUR - - 5 " EXISTING CONTOUR � \ DISTURBED AREA WITHIN CRITICAL SLOPE (4,027 SF) W EROSION CONTROL LEGEND SF N N 1f SILT FENCE CE CONSTRUCTION ENTRANCE SF CLEARING LIMITS MATCHLINE SHEET C -5 ,i j r� �1 i 22 LF OF 12' CMP PIPE @ 6.09/o INV IN= 474.87, INV OUT = 473.54 12' GRAVEL- 20'ACCES ia�� rfl DISTURBED AREA WITHIN [� CRITICAL SLOPE (5,178 SF) LIMITS OF CONSTRUCTION (0.69 ACRES) sr OTOIDS 1150 SHENANDOAH VILLAGE DR WAYNESBORO, VA 22980 SITE NAME: CARTER'S BRIDGE SITE NUMBER: CV828 SITE ADDRESS: 4319 SCOTTSVILLE ROAD CHARLOTTESVILLE, VA 22902 AREA: LEASE AREA = 2,500 SO. FT. PROPERTY OWNER: LLANDAFF, LC DEED BOOK 3448, PAGE 541 19.8 ACRES TM# 112 -9 (ALBEMARLE CO.) COUNTY: ALBEMARLE COUNTY LATITUDE: N37' 54' 51.48" LONGITUDE: W78' 32' 39.92" NO. REVISION ASSUE DATE 1 ZONING DRAWINGS 5/15/12 2 COUNTY COMMENTS 6/25/12 TH p� O BRIAN V. CR IELD _Z U CLEARING Pi'lOPOSEG Lic. No. 38972 LIMITS ACCESS ROAD" .O I AREA OF CRITICAL SLOPE PER COUNTY GIS TONAL E (SHADED AREA) TIMMONS GROUP DISTURBED AREA WITHIN YOUR VISION ACHIEVED THROUGH OURS. CRITICAL SLOPE / VIRGINIA I NORTH CAROLINA 1,339 SF) / THIS DRAWING PREPARED THE CHARLOTTESVILLE OFFICE _ t 919 2nd Street, S.E. Charlottesville, VA 22902 TEL 434.327.1683 FAX 434.295 8317 www.timmons.com Sl e D- 11111 I R"d~ I W. a,n Tq ,oloyr 32665 GRAPHIC SCALE _ 40 20 0 40 TG PROJECT # 32665 S SF SHEET j \ / 1 INCH = 40 FEET ACCESS ROAD C -6 OF a � A / A FND. o PIPE a /D. MON, i i i i i EROSION CONTROL LEGEND SF M M if SILT FENCE CE S CONSTRUCTION ENTRANCE WINN4 GRADING LEGEND X25.0 FINISHED SPOT ELEVATION —625— PROPOSED CONTOUR - - - 525- - - EXISTING CONTOUR 22 LF OF 12" CMP @ 3.2% \ `NV IN= 392.5, INV OUT =391.8 CLEARING LIMITS G �<v U Q. LIMITS OF CONSTRUCTION (0.69 ACRES) (REMOVE) \ o • (REMQVE;)',f �1 r (REMOVE)i ,`.. „'7. , f? \ \ J� , 3" POPi RR \ '� ♦ `� ` (REMOVE) ♦ . �. `` �� 4" POPLAR (REMOVE) ` SF \ (REMOVE) D n r Z m m m -i n PT010S 115 SHENANDOAH VILLAGE OR. WAYNESBORO, VA 22980 SITE NAME: CARTER'S BRIDGE SITE NUMBER: CV828 SITE ADDRESS: 4319 SCOTTSVILLE ROAD CHARLOTTESVILLE, VA 22902 AREA: LEASE AREA = 2,500 SO. FT. PROPERTY OWNER: LLANDAFF, LC DEED BOOK 3448, PAGE 541 19.8 ACRES TM# 112 -9 (ALBEMARLE CO.) COUNTY: ALBEMARLE COUNTY LATITUDE: N37' 54' 51.48" LONGITUDE: W78' 32' 39.92" 10. REVISION /ISSUE DATE 1 ZONING DRAWINGS 5/15/12 2 COUNTY COMMENTS 6/25/12 TH p �♦ ♦ tg;R)e1V. CRUTC LD Z Lic. No. 38972 ,a ♦ DISTURBED AREA WITHIN \ s'1 ONAL EEO` CRITICAL SLOP (4,027 SF) ♦ • �� AREA OF CRITICAL ` TIMMONS GROUP SLOPE PER COUNTY GIS (SHADED AREA) FND. MON. f•�r\ GRAPHIC SCALE 40 20 0 40 1 INCH - 40 FEET YOUR VISION ACHIEVED THROUGH OURS. VIRGINIA ( NORTH UROLINA THIS DRAWING PREPARED AT THE CHARLOTTESVILLE OFFICE 919 2nd Street, S.E. Charlottesville, VA 22902 TEL 434.327.1683 FAX 434.295.8317 www.timmons.com SO Development I ReYEe"tlal 16hag U e I Te&m "y 32665 TG PROJECT # 32665 SHEET ACCESS ROAD C -%