HomeMy WebLinkAboutSP200500023 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
December 29, 2005
Peter J. Caramanis, Esq.
Tremblay & Smith LLP
105 East High Street
Charlottesville, VA 22902
RE: SP 2005-00023 Ford, Linda - ALL TEL Tier III (Sign #77)
Tax Map 59 - Parcel80C
Dear Mr. Caramanis:
On December 7,2005, the Albemarle County Board of Supervisors took action on SP 2005-023
to allow the replacement of an existing 43-foot tall wooden power pole with a new 53-foot tall
wood pole that would allow the co-location of a personal wireless facility in addition to the
existing power lines on Tax Map 59 Parcel 80C in the Samuel Miller Magisterial District. This
special use permit was approved based on the following conditions:
1. The replacement power pole, antennas and ground equipment shall all be sized,
located, installed and maintained in general accord with the site construction drawings of
the facilities, structure elevations and schematic drawings, entitled "Alltel - Linda Ford
Bucks", last revised November 7,2005 and initialed SBW on November 8,2005;
2. Prior to the issuance of a building permit, the applicant shall submit a final revised set of
site construction drawings of the facility. Planning staff shall review the revised plans to
ensure that all appropriate conditions of this special use permit have been addressed;
3. The top of the replacement pole antenna shall not exceed a height of fifty-three (53) feet
above ground and elevation of seven hundred thirty-one (731) feet above sea level;
4. The replacement pole shall be of a color and finish that is consistent with the other
existing poles that are to remain within the power line easement, and the antennas shall
be painted to match that color and flat finish as well;
5. The ground equipment cabinets shall be painted a flat, natural dark brown color and/or
screened in accordance with the requirements of the Architectural Review Board;
. .
Caramanis
Page 2 of 3
December 29,2005
6. The gravel access road shall be screened from State Route 250 in accordance with the
requirements of the Architectural Review Board;
7. 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 the 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;
8. The owner of the facility shall submit a report to the agent by no earlier than May 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; and
9. Certification by a registered surveyor stating the height of the replacement pole,
measured both in feet above ground level and in elevation above mean sea level, and
using the benchmarks or reference datum identified on the construction plan shall be
submitted to the agent after installation of the monopole is completed and prior to
issuance of a certificate of occupancy.
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
· compliance with conditions of the SPECIAL USE PERMIT;
· approval of and compliance with a SITE PLAN amendment; 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."
Caramanis
Page 3 of 3
December 29, 2005
If you have questions or comments regarding the above-noted action, please do not hesitate to
contact Keith Lancaster at 296-5832.
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William D. Fritz, AICP
Chief of Current Development
WDF/aer
Cc: Ford, Linda K Trustee of the Linda K Ford Revocable Trust
Amelia McCulley
Tex Weaver
Chuck Proctor
Keith Lancaster