HomeMy WebLinkAboutSDP201200065 Legacy Document 2013-01-03 (6)o��OF atg���H
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2012 -065 Shifflett/ Verizon
Staff: Brent Nelson, Planner
Wireless- Tier II PWSF
Planning Commission Public Hearing:
Board of Supervisors Hearing:
January 8, 2012
To be determined
Owners: Beth M. Shifflett
Applicant: Stephen Waller- GDN
Sites; Verizon Wireless C/O Lori
Schweller- LeClair Ryan
Acreage: 1.38 Acres
Rezone from: Not applicable
(Lease Area: 740 square feet)
Special Use Permit for: Not
applicable
TMP: Tax Map 87, Parcel 7A1
By -right use: VR, Village Residential
Location: 3460 Monocan Trail Road
Magisterial District: Samuel Miller
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: To install an above - ground emergency
Comp. Plan Designation: Rural
power back -up generator to serve the existing
Area in Rural Area 3
personal wireless service facility during power
outages. The generator will be fueled by an above-
ground propane tank. Both the generator and
propane tank will be located within a 17' x 20'
expansion of the existing 20' x 20' lease area. A
proposed 7' tall wood fence will surround the entire
lease area.
Character of Property: Both open and wooded
Use of Surrounding Properties:
areas with an existing monopole and associated
Single- family Residential
ground equipment at the edge of the wooded area.
Another PWSF is located in close proximity to the
northeast.
Factors Favorable: The proposed
Factors Unfavorable: none
generator /propane tank addition and fencing is on
identified
an existing facility and will not have any negative
visual impact to adjacent properties and roadways.
Recommendation:
Section 5.1.40 Personal Wireless Facility- Tier ll. Staff recommends approval.
STAFF CONTACT: Brent Nelson, Planner
PLANNING COMMISSION: January 8, 2012
AGENDA TITLE: SDP2012 -065: Shifflett Property - Verizon Wireless Tier II
Personal Wireless Service Facility
PROPERTY OWNER: Beth M. Shifflett
APPLICANT: Verizon Wireless
PROPOSAL:
This is a request for approval of an above - ground generator and propane tank in a 17' x 20'
expanded lease area to serve an existing personal service wireless facility (Attachment A). The
existing ground equipment is located in an unfenced 20' x 20' lease area. The above - ground
generator and propane tank are to be located in a 17' x 20' extension of the lease area. The
proposal includes fencing the entire lease area (37' x 20') with a seven foot tall wooden fence
and gate. This application is being made in accordance with Section 10.2.1 (22) of the Zoning
Ordinance, allowing for Tier II wireless facilities by -right in the Rural Areas. The facility is
located on a 1.38 acre parcel, described as Tax Map 87, Parcel 7A1, zoned VR and located in the
Samuel Miller Magisterial District [Attachment B]. No changes are proposed to the tower or
antenna array.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 3.
CHARACTER OF THE AREA:
The lease area, with the existing monopole and associated ground equipment, is located on the
edge of a heavily wooded area in a rural setting of large lot, single family dwellings and farms.
PLANNING AND ZONING HISTORY:
SDP200500009: Request to construct an 83.75 ft. Tier II PWSF monopole, approved.
SDP201100081: Request to extend the existing monopole with antennas and associated ground
equipment, approved.
STAFF COMMENT:
Section 3.1 provides the following definitions that are relevant to this proposal:
Tier II personal wireless service facility: A personal wireless service facility that is a treetop
facility not located within an avoidance area.
Treetop facility: A personal wireless service facility consisting of a self - supporting monopole
having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown
of the tallest tree within twenty -five (25) feet of the monopole, measured above sea level (ASL),
and includes associated antennas, mounting structures, an equipment cabinet and other essential
personal wireless service equipment.
Avoidance area: An area having significant resources where the siting of personal wireless
service facilities could result in adverse impacts as follows: (i) any ridge area where a personal
wireless service facility would be skylighted; (ii) a parcel within an agricultural and forestal
district; (iii) a parcel within a historic district; (iv) any location in which the proposed personal
wireless service facility 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; or (v) any location within two hundred (200) feet of any state
scenic highway or by -way.
Section 5.1.40(d), "Tier I1 facilities" states:
"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. "
The applicant has submitted an application that satisfies the requirements set forth in Section
5.1.40(a).
Section 5.1.40(d)(1): The facility shall comply with subsection 5.1.40(b) and subsection
5.1.40(c)(2) through (9).
Staff has determined that the proposed addition of an above - ground generator and propane tank
complies with all of the exemptions of Section 5.1.40(b) and the proposed equipment meets all
relevant design criteria set forth in Section 5.1.40(c)(2 -9). Section 5.1.40(c) 9 identifies three (3)
criteria by which the agent can approve fencing of any equipment cabinet not located within an
existing building. Staff finds that the proposed fencing meets all three criteria: (i) the fencing
would protect the facility (including fuel storage equipment) from trespass, 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.
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, the facility shall be
sited to so that it is not visible from any resources specifically identified for protection in the
deed of easement.
The existing ground equipment and lease area are not visible from nearby roads or Entrance
Corridors. The proposed above - ground generator, propane tank and fencing are not expected to
be visible from nearby roads or Entrance Corridors.
Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county's
open space plan.
Staff's analysis of this request addresses the concern for the possible loss of aesthetic or historic
resources. The proposed lease area is not delineated as a significant resource on the Open Space
and Critical Resources Plan [Attachment E]. Staff believes there is no significant loss of
resources related to the proposed modifications to the existing facility.
The proposed above - ground generator and propane tank will be located within a 17' x 20'
expansion of the existing 20' x 20' lease area. No trees will need to be removed in order to install
the new ground equipment. The applicant has provided a letter from a certified arborist
indicating that the installation of the proposed generator and propane tank is not expected to
impact existing trees to remain.
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 is only one other personal wireless service facility located within an area comprised of a
circle centered anywhere on the ground having a radius of two hundred (200) feet. That facility
is located approximately 23 feet northeast of the facility under consideration.
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 proposal under consideration does not involve any modification to the existing monopole.
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, facade 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 proposed generator and propane tank shall be painted Sherwin Williams (6090) Java Brown
2
to match the existing facility.
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 proposal under consideration does not involve any modification to the existing monopole.
Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996:
The regulation of the placement, construction and modification of personal wireless facilities by
any state or local government or instrumentality thereof shall not prohibit or have the effect of
prohibiting the provision of personal wireless services.
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 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 denial of this application would
have the effect of prohibiting or restricting the provision of personal wireless services.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The proposed above - ground generator, propane tank and fencing are not expected to be
visible from nearby roadways and properties.
2. The Architectural Review Board staff has recommended approval based on a lack of
visibility from the Route 29 Entrance Corridor.
Factors unfavorable to this request include:
1. None identified.
In order to comply with Section 5.1.40(d) of the Zoning Ordinance, 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.
RECOMMENDATION: Staff recommends approval of the request allowing the addition of an
above - ground generator, propane tank and fencing based upon the findings in the staff report.
5
Conditions of approval:
Development and use shall be in general accord with the conceptual plan titled
"Crossroads Site, Existing Tier II Generator Addition (Shifflett property)" prepared by
Justin Yoon latest revision date 12/6/12 (hereafter "Conceptual Plan "), as determined by
the Director of Planning and the Zoning Administrator. To be in general accord with the
Conceptual Plan, development and use shall reflect the following major elements within
the development essential to the design of the development, as shown on the Conceptual
Plan.:
a. Height
b. Mounting type
c. Antenna type
d. Number of antenna
e. Distance above reference tree
f. Color
g. Location of ground equipment and monopole
Minor modifications to the plan which do not conflict with the elements above may be
made to ensure compliance with the Zoning Ordinance.
Motion: The Planning Commission's role in this case (SDP201200065) is to make a
recommendation to the Board of Supervisors.
A. Should the Planniniz Commission choose to recommend approval of this generator
addition to the existing Tier ier II personal wireless service facility
I move to recommend approval of SDP 201200065 Verizon Crossroads Site Tier 11
PWSF, Generator Addition.
B. Should the Planning Commission choose to recommend denial of this generator
addition to the existing Tier ier II personal wireless service facility
I move to recommend denial of SDP 201200065 Verizon Crossroads Site Tier II
PWSF, Generator Addition. (Planning Commission needs to give a reason for the
recommendation of denial).
ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C. Application Justification Letter
D. Site Photo
E. Open Space and Critical Resources Map
Con