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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP201300022 Verizon Wireless
Staff: Sarah Baldwin, Senior Planner
"Hydraulic Road" (Comcast Property) Tier III PWSF (Jack
Jouett Magisterial District)
Planning Commission Public Hearing:
Board of Supervisors Hearing:
March 18, 2014
TBD
Owners: Cable Holdco Exchange V LLC Attn: Property
Applicant: Stephen Waller, AICP
Tax Dept. 32nd Floor
Acreage: 0.61 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 43 Parcel 16A
By -right use: RA, Rural Areas
Location: 1658 Earlysville Road
Magisterial District: Jack Jouett
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: Request for installation of a two (2) new flush-
Comp. Plan Designation: Rural Area in Rural
mounted antenna arrays on an existing 140' lattice tower,
Area 1.
associated equipment and structural upgrades. This will
bring the total number of arrays on the tower to five (5).
Character of Property: This property is zoned Rural
Use of Surrounding Properties: Rural Areas -
Areas, as well as all the surrounding properties, and is
single family and vacant residential land.
located in the Entrance Corridor. The site is located in a
heavily wooded area that provides screening from the
equipment.
Factors Favorable:
Factors Unfavorable: None identified.
1. The proposal is on an existing facility and the
additional antenna arrays will not increase or
cause any new impacts to adjacent properties or
important resources.
2. The proposal meets most of the requirements of
Section 5.1.40 except for the current Ordinance
requirement that limits the number of antenna
arrays to three (3).
3. The proposed improvements are not expected to
be noticed from the entrance corridor. The
proposal will not increase the visual impact of the
existing tower.
Zoning Ordinance Waivers and Recommendations:
1. Included is a modification for Sections 5.1.40(c)(3)(i). Based on findings presented in the staff report,
staff recommends approval of SP201300022 and the modification requests with a condition.
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Sarah Baldwin, Senior Planner
March 18, 2014
TBD
PETITION:
PROJECT: SP201300022 — Verizon Wireless "Hydraulic Road" ( Comcast Property) Tier III
Personal Wireless Service Facility (Jack Jouett Magisterial District).
PROPOSED: Request for installation of 2 additional arrays each containing 3 flush mounted
antennas on an existing 140 foot monopole and associated equipment.
ZONING CATEGORY /GENERAL USAGE: RA, Rural Areas- agricultural, forestal, and fishery
uses; residential density (0.5 unit /acre in development lots); EC Entrance Corridor — Overlay to
protect properties of historic, architectural or cultural significance from visual impacts of
development along routes of tourist access; AIA Airport Impact Area — Overlay to minimize
adverse impacts to both the airport and the surrounding land.
SECTION: 10.2.2.48 Tier III personal wireless facilities
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas in Rural Area 1 - preserve and
protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5
unit/ acre in development lots).
ENTRANCE CORRIDOR: YES
LOCATION: 1658 Earlysville Road
TAX MAP /PARCEL: 04500- 00- 00 -016A0
CHARACTER OF THE AREA:
This property is zoned Rural Areas, as well as all the surrounding properties. The site is located
in a heavily wooded area which screens the existing equipment.
PLANNING AND ZONING HISTORY:
The tower was originally constructed in 1979 as a radio tower (SP1974 -400). Subsequent
special use permits approved dishes, other equipment and antenna on the tower (SP1979 -32,
SP1990 -19). There were several site plans approved which established Adelphi Cable
improvements (SDP1991 -29, 1999 -53). A site plan amendment was approved for Comcast for
a minor expansion of the facility (SDP2010 -18).
DETAILS OF THE PROPOSAL:
This is a proposal to install two (2) additional antenna arrays containing three (3) flush- mounted
antennas on an existing lattice Personal Wireless Service Facility ( "PWSF ") and supporting
ground equipment that will be contained within the existing facility. The addition of the two (2)
new arrays will bring the total number of arrays on this tower to five (5). Although this is a
collocation proposal, allowing five (5) arrays is considered a substantial change under current
ordinance requirements and requires a special use permit. The applicant is also proposing
structural upgrades to the tower, since the tower predates current safety standard upgrades.
The 0.61 acre property, described as Tax Map 43, Parcel 16A, is located in the Jack Jouett
Magisterial District and is zoned Rural Areas ( "RA "), Airport Impact Area ( "AIA ") and Entrance
Corridor ( "EC ") (Attachment A).
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:
No Substantial detriment. The proposed special use will not be a substantial
detriment to adjacent lots?
It is not anticipated that the proposed addition of two (2) antenna arrays will be of any
detriment to the adjacent properties as they will be located below the existing antennas. All
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proposed ground equipment will be placed inside the existing fenced area and no clearing or
new construction will occur. The new antenna arrays, limited equipment and structural
upgrades will not substantially change the visual impact of the existing tower. Since this
facility is in the EC, the ARB design planner reviewed the proposal and does not expect the
additional equipment to increase the negative visual impact of the overall facility.
Character of the district unchanged. The character of the district will not be changed
by the proposed special use?
As mentioned above, no substantial changes will occur with the addition of two (2) antenna
arrays, equipment and structural upgrades. The character of the RA, Rural Area Zoning
District or EC, Entrance Corridor Overlay District will not be impacted by this proposal.
Harmony. The proposed special use will be in harmony with the purpose and intent of
this chapter.
Staff has finds that this request is consistent with the "purpose and intent" 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).
...with the uses permitted by right in the district.
Since this request only involves an addition of two (2) antenna arrays, limited structural and
equipment upgrades, no significant adverse impacts are anticipated.
...with the public health, safety and general welfare.
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.
...with the regulations provided in section 5 as applicable
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 33.4, 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 (8)
and subsection 5.1.40(d)(2),(3) 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 33.4 special use
permits have been met, with the exception of the modification detailed below. 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 setbacks; however, a determination
has been made that setbacks do not apply to existing facilities. 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 (Attachment B).
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 tower do not require the installation of guy wires, nor will it be
fitted with any whip antennas. The proposed antenna arrays will be flush- mounted panel
antennas. All other requirements of this subsection 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 proposed additional antenna arrays will bring the total number of antenna arrays to five (5)
and requires modification of this condition. The proposed changes to the tower meet all other
relevant design, mounting and size criteria of this subsection. Due to the limited additional
visual impact from the installation of the additional two (2) arrays to this tower facility, staff
recommends approval of this proposal.
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.
M
The installation of the proposed antenna array for this personal wireless service facility will not
require the removal of any trees.
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.
Subsection 5.1.40(c)(6): Within thirty (30) days after a facility's use for personal wireless
service purposes is discontinued, the owner of the facility shall notify the zoning
administrator in writing that the facility's use has discontinued. 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 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 this facility discontinue 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): 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.
This is an existing facility. No steep slopes are affected are affected by this proposal.
Subsection 5.1.40(c)(8): 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.
The existing facility contains a fenced area that will also house the new ground equipment;
therefore, this proposal will not be detrimental to the character of the area, or to the health,
safety or general welfare of the public.
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 facility has been in place for over 20 years and has limited visibility. The proposed
changes are not expected to increase the negative impact on the Entrance Corridor.
Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the
county's open space plan.
The existing facility has been in place for over 20 years. 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)(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).
No changes to the height of this facility are proposed. 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.
This is an existing lattice tower all proposed equipment will comply with the requirements.
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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 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.
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 arrays or associated
equipment will not increase or cause any new impacts to adjacent properties or
important resources.
2. The proposal meets most of the requirements of Section 5.1.40 except for the current
Ordinance requirement that limits the number of antenna arrays to three (3).
3. The proposed improvements are not expected to be noticed from the entrance corridor.
The proposal will not increase the visual impact of the existing tower.
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.
Zoning Ordinance Modifications:
The proposed modifications are for certain required information to be provided on supporting
plan documents. The application is 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. The recommended modifications are
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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 an existing towers seeking the
addition of antennas. Listed below are the recommended modifications:
1. Section 5.1.40(c)(3)(i) -total number of arrays shall not exceed three(3).
Staff is able to support the recommended modification described in the staff report because this
is an existing facility and the addition of two (2) new antenna arrays and related equipment will
not substantially change the visual impact of the existing lattice tower.
If the Planning Commission recommends approval of this application, Staff recommends the
following conditions:
RECOMMENDED ACTION:
Based upon the findings contained in this staff report, staff recommends approval of
SP201300022 Verizon Wireless "Hydraulic Road" (Comcast Property) Tier III PWSF with the
following condition:
1. Development and use shall be in general accord with what is described in the applicant's
request and site plans, entitled "Hydraulic Road ", with a final zoning drawing submittal
date of 11/3/13 (hereafter "Conceptual Plan "), as determined by the Director of Planning
and Zoning Administrator. To be in accord with the Conceptual Plan, development and
use shall reflect the design of the development as shown on the Conceptual Plan.
Minor modifications to the plan which do not conflict with the elements above may be
made to ensure compliance with the Zoning Ordinance.
Motion One: The Planning Commission's role in this case (SP201300022) is to make a
recommendation to the Board of Supervisors to approve or deny the modification for Section
5.1.40(c)(3)(i) of the Zoning Ordinance.
A. Should the Planning Commission choose to recommend approval modification of
Section 5.1.40(c)(3)(i):
I move to recommend approval granting the modification for reasons outlined in
the staff report.
B. Should the Planning Commission choose to recommend denial of the modification for
this Tier III oersonal wireless service facilitv:
I move to recommend denial of the modification outlined in the staff report.
(Planning Commission needs to give a reason for denial)
Motion Two: The Planning Commission's role in this case (SP201200022) is to make a
recommendation to the Board of Supervisors.
A. Should the Planning Commission choose to recommend approval of this Tier III
personal wireless service facility:
I move to recommend approval of SP201300022 Verizon Wireless "Hydraulic
Road" (Comcast) 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 SP201300022 Verizon Wireless "Hydraulic Road"
(Comcast) Tier III PWSF (Planning Commission needs to give a reason for denial).
ATTACHMENTS:
A. Vicinity Map
B. Site Plan
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