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HomeMy WebLinkAboutSP201200031 Staff Report 2013-02-06AL ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201200031 — Verizon Wireless Staff: Sarah Baldwin, Senior Planner "Eastham" Fox Property Tier III PWSF Planning Commission Public Hearing: Board of Supervisors Hearing: February 5, 2013 TBD Owners: Harry Paul or Catherine E. Fox Applicant: Verizon Wireless -Drew Patterson Acreage: 1.99 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 47 Parcel 18 By -right use: RA, Rural Areas, and EC Entrance Location: 3070 Stony Point Road Corridor Magisterial District: Rivanna Proffers /Conditions: Yes Requested # of Dwelling Units /Lots: N/A DA - RA - X Proposal: Request for installation of a 110 foot steel Comp. Plan Designation: Rural Area in Rural monopole with 2 flush mounted arrays and associated Area 2. ground equipment with fencing within a 2,250 square foot lease area. 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 and vacant containing contains an existing dwelling unit and is located on a both wooded and open areas. wooded parcel. Factors Favorable: Factors Unfavorable: 1. The proposal will provide improved 3G and 4G 1. None identified. wireless service for the surrounding area. 2. The Architectural Review Board staff has recommended approval of the proposed monopole and associated ground equipment stating that the location is expected to sufficiently minimize its visibility. 3. The proposal meets all of the requirements of 5.1.40 (with waivers that are supported by staff). Zoning Ordinance Waivers and Recommendations: 1. Included are modifications for Sections 5.1.40(c)(3) and (d)6. Based on findings presented in the staff report, staff recommends approval of SP2012 -31 and all waiver (special exception) requests with a condition. STAFF CONTACT: PLANNING COMMISSION: BOARD OF SUPERVISORS: AGENDA TITLE: PROPERTY OWNER: Sarah Baldwin, Senior Planner February 5, 2013 1:R SP201200031: Verizon Wireless "Eastham" Fox Property Tier III PWSF Harry Paul or Catherine E. Fox APPLICANT: Verizon Wireless -c /o Drew Patterson PROPOSAL: This is a request for installation of a 110 foot Above Ground Level ( "AGL ") steel monopole with 2 flush mounted arrays and associated ground equipment with fencing within a 2,250 square foot lease area that will be accessed by an existing driveway. The 1.99 acre property, described as Tax Map 47, Parcel 18, is located in the Rivanna Magisterial District and is zoned Rural Areas ( "RA ") and Entrance Corridor ( "EC ") (Attachment A). COMPREHENSIVE PLAN: The Comprehensive Plan designates the property as Rural Area in Rural Area 2. CHARACTER OF THE AREA: This property is zoned Rural Areas, as well as all the surrounding properties. The site is on a mostly wooded parcel. The surrounding areas contain both wooded and open areas. PLANNING AND ZONING HISTORY: N /A. DISCUSSION: The PWSF Ordinance states that facilities should be located at least 200 feet outside of a scenic highway or by -way and is considered an avoidance area. This parcel fronts on Route 20, which is designated as a Virginia byway. The Applicant has stated that the tower has been sited to be located over 200 feet from the byway. A portion of the site is also located in the Southwest Mountains Rural Historic District which is considered an avoidance area under the Ordinance. The proposed tower will be approximately 15 feet taller than the reference tree. These situations render that the tower be processed as a Tier III Personal Wireless Service Facility requiring a Special Permit ( "SP "). 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: 2 Will the use be of substantial detriment to adjacent property? The monopole is proposed to be 110 feet AGL in a largely wooded area. A reference tree is identified as a 94.7AGL black oak. The Applicant has requested a waiver of the reference tree requirement as the monopine will be roughly 15 feet taller than the reference tree. (Attachment B). It is not anticipated that the proposed monopole will be of any detriment to the adjacent properties, aside from limited temporary construction activity. The new tower will not substantially change the visual impact of the existing area since it is located on a heavily wooded lot and elevation increases to the west and portions of the north limit visibility. Will the character of the zoning district change with this use? As mentioned above, no substantial changes will occur with construction of this tower aside from limited construction activity associated with the change. Although the tower as proposed will be 15 feet taller than the reference tree visibility is limited. A balloon test was performed on January 11, 2013 and although the balloon was visible at certain brief points it was significantly camouflaged by trees, the elevation changes and the winding nature of Stony Point Road (Attachment C). 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 visibility is limited. Additionally, Staff has not received any negative comments from citizens. 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 tower will provide more reliable access to the wireless communication market, to include schools, travelling public 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. 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. 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 does not meet the required Rural Areas setbacks and the Applicant has submitted a fall zone easement due to the narrowness of the lot. The Application and plans meet all other area and bulk regulations and minimum yard requirements in accordance with 5.1.40(b)(2). The 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 monopole does not require the installation of guy wires, nor will it be fitted with any whip antennas at this time. 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. The Applicant has identified that one of the proposed antennas on one of the arrays will be approximately 1581 square inches and has requested a waiver of the requirement since it will exceed the ordinance requirement of 1152 square inches. It is not anticipated that the size difference will have a significant impact to the structure as it will be flush- mounted and painted to match the tower. The 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 Applicant has stated that the installation of the proposed personal wireless service facility will not require the removal of any significant trees. The Applicant has acknowledged that a tree conservation plan will be submitted as required. 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. The Applicant has stated that the installation, operation and maintenance of the facility will be conducted in accordance with the tree conservation plan. 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 I 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)(7): 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. An annual report will be submitted at the required time. 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. The Applicant has stated that no 2:1 slopes will be created with installation of this facility. 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 I 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. The Applicant is proposing to construct a six (6) foot board on board wood fence around the tower. Staff has determined that a fence is necessary since an onsite visit identified livestock on the site. Additionally, the fence will not be visible from adjacent properties or Route 20. 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 tower will be located in a heavily wooded area and is adequately screened. Portions of an adjacent property are subject to a conservation easement, but the trees and topography will minimize visibility to the property. 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 proposed 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. The application plan lists the base of the monopole as 30 inches and the top at 18 inches. 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 7 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 the tower will be approximately 15 feet taller than the identified reference tree, which is a 94.7 AGL Black Oak. Although the height is being increased, the lot is heavily wooded and the surrounding topography adequately screens the tower. 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)(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 tower, antennas and ground equipment 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 will be designed to conceal the cables. Any remaining cables will be affixed to the outside of the monopole on the side facing away from the street. M Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use permit. The facility will comply 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 (I) 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. The proposed facility and 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. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: The proposal will provide improved 3G and 4G wireless service to the surrounding area. 2. The Architectural Review Board staff has recommended approval of the proposed monopole and associated ground equipment stating that the location is expected to sufficiently minimize its visibility. 3. The proposal meets all the requirements of 5.1.40 (with waivers that are supported by staff). 9 Factors unfavorable to this request include: None identified. 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. RECOMMENDATION: Staff recommends approval of this Tier III personal wireless services facility based upon the analysis provided herein. Special Exceptions to the Zoninq 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 are to waive the ordinance requirements with respect to the reference tree and antenna size. Staff is able to support all of the recommended modifications described in the staff report. 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. Staff is supportive of the modifications that are listed below: 1. Section 5.1.40(c)(3)(i) -Size of antenna. 2. Section 5.1.40(d)(6)- Height of tower to reference tree. If the Planning Commission recommends approval of this application, Staff recommends the following condition: Conditions of approval: Development and use shall be in general accord with what is described in the applicant's request and site plans, entitled "Eastham ", with a final zoning drawing submittal date of 11/06/12 (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. Vicinity Map B. Site Plan C. Applicant Photo Simulations 10 Motion One: The Planning Commission's role in this case (SP201200031) is to make a recommendation to the Board of Supervisors to approve or deny the modifications for Sections 5.1.40(c)(3)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 facilitv: I move to recommend approval of the modifications for SP 20120031 Eastham - 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 oersonal wireless service facilitv: I move to recommend denial of the modifications for SP 201200031 - Eastham Verizon Wireless Tier III PWSF (Planning Commission needs to give a reason for denial). Motion Two: The Planning Commission's role in this case (SP201200031) is to make a recommendation to the Board of Supervisors. A. Should the Planning Commission choose to recommend approval of this Tier III aersonal wireless service facilitv: I move to recommend approval of SP 20120031 Eastham - 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 aersonal wireless service facilitv: I move to recommend denial of SP 201200031- EasthamVerizon Wireless Tier III PWSF (Planning Commission needs to give a reason for denial). 11 a ne: VZW Eastham Photograph Information: Communication Facility Off Stony Point Rd iy Point Road View from the South °ville. VA 22911 Showing the Balloon Fly a� R�'11tr`.�y2t . . i NB &C ENGINEERING SERVICES, LLC. 7360 COCA COLA DR, SUITE 106 HANOVER, MD 21076 t v �k II a.F �I 1 Anna Farm . k L Stony Point lid A + Profit Ind �f r Fosters Branch Rd 120 I II Sony Point Ind all a*- s to .r woodcr k Ur Off Stony Point Rd 4 �- Riggory Ridge Rd 5 5 � f . 4 ` 5 Location Map III I not visible - visit! M. MMI S ?^ i��Y' �qp..� rv� - y �y R 4' �lL'r ica �i • � _ -rte /" •.• W - iLf` S,.• n� •.�. °" �r � � 1' �+•� ; _ cam- .. �r,. t�; me: VZW Eastham Photograph Information: H �� Communication Facility Stony Point Rd '' °'�f4�;� any Point Road View from the East ENGINEERING •' �i = :eville, VA 22911 Showing the Balloon Fly SERVICES, LLC. 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