HomeMy WebLinkAboutSP200400039 Action Letter
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823
Fax (434) 972-4126
October 21, 2004
Peter J. Caramanis
Tremblay & Smith LLP
P.O. Box 1585
Charlottesville, VA 22902
RE: SP-2004-00039. ALL TEUKeswick II (SiQns #43& 55): Tax Map 94. Parcel 41A1
Dear Mr. Caramanis:
On October 6, 2004, the Albemarle County Board of Supervisors took action on SP 2004-00039 to allow 3
flush-mounted antennas to be mounted to an existing self-supporting tower and three equipment shelters
in accordance with Section 10.2.2.6 of the Zoning Ordinance on Tax Map 94, Parcel 41A1 in the
Scottsville Magisterial district. This special use permit was approved by a vote of 5:1 based on the
following conditions recommended by the Planning Commission and amended by the Board of
Supervisors:
The facilitv shall be desianed. constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the conditions
listed herein, all work shall be done in general accord with that described in the applicant's request
and site construction plans, entitled "Alltel (Keswick II)", dated June 14, 2004 and provided in this staff
report with Attachment A;
2. The tower shall not be increased in height;
3. The additional array of panel antennas may be attached only as follows:
a. All equipment attached to the tower shall be painted to match the color of the tower. The cables
extending from the ground equipment may remain black;
b. The antennas shall be sized as shown on the construction plans; and
c. In no case shall the distance between the face of the tower structure and the faces of the
antennas be more than twelve (12) inches.
4. The applicant shall modify the existing fence located on the east side of the site adjacent to Tax Map
94, Parcel 39, to provide adequate screening to the satisfaction of the staff or in the alternative provide
adequate vegetative screening to the satisfaction of staff on the adjacent parcel;
5. With the exception of any safety lighting required by Federal Aviation Administration regulations, no
lighting shall be permitted for this the facility, except as herein provided. Outdoor lighting shall be
limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all
light emitted is projected below a horizontal plane running though the lowest part of the shield or
shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting
unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position
and protect the lamps, and to connect the lamps to the power supply;
6. No existing trees within two hundred (200) feet of the facility shall be removed;
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Prior to the issuance of a buildina permit. the followina reauirements shall be met:
7. Revise the title on the construction plans to include the name of the owner of the subject property;
8. With the building permit application, the applicant shall submit the final revised set of site plans for
construction of the facility. During the application review, Community Development staff shall review
the revised plans to ensure that all appropriate conditions of the special use permit have been
addressed;
9. This facility shall be designed, installed and maintained in accordance with any additional conditions
and requirements established by the Architectural Review Board through the issuance of a Certificate
of Appropriateness;
After the issuance of a Certificate of Occupancy. the followina reauirements shall be met:
10. The applicant, or any subsequent owners of the tower, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that use the facilities attached to the tower, including a drawing indicating which antennas
and equipment are associated with each provider;
11. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is discontinued.
The entire 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 Zoning Administrator determines
at any time that surety is required to guarantee that the facility will be removed as required, the
permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to
the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned
upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the
Zoning Administrator and the County Attorney; and
12. This special use permit must be amended to allow any of the four existing arrays of panel antennas
to be:
a. relocated on the structure;
b. modified to increase the number or size of panel antennas; or,
c. modified to increase the distance of the panel antennas from the structure.
In addition, the Board approved your WAIVER:
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property may lawfully begin until all applicable approvals
have been received and conditions have been met. This includes:
. compliance with conditions of the SPECIAL PERMIT; and
. approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not commenced
within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the
permit terminated. The term "commenced" means "construction of any structure necessary to the use of
the permit."
If you have questions or comments regarding the above-noted action, please do not hesitate to contact
Keith Lancaster at 296-5832.
Cc:
Amelia McCulley
Bill Fritz
Tex Weaver Chuck Proctor
Keith Lancaster