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HomeMy WebLinkAboutSDP200700119 Legacy Document 2009-08-17ti ~ �IRCINI� r ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP 2007 - 00119: Shelton Staff Gerald Gatobu, Principal Planner Property / Verizon Tower Planning Commission Public Hearing: Board of Supervisors Hearing: August 18th 2009 N/A Owners: Charlotte J. & William C. Shelton Applicant: Cellco Partnership / Verizon Wireless Acreage: 42.79 Acres Rezone from: Not applicable (Lease Area: 0.083 Acres) Special Use Permit for: Not applicable TMP: Tax Map 87, Parcel 7E By -right use: RA, Rural Areas and EC, Location: Approximately 2,900 ft. north of Entrance Corridor Zoning Plank Rd. on the west side of Rt. 29. Magisterial District: Samuel Miller Proffers /Conditions: No Requested # of Dwelling Units /Lots: N/A DA - X RA - Proposal: To install a Tier II personal Comp. Plan Designation: Rural Area in wireless service treetop facility: the Rural Area 3 proposed facility consists of a 105.5 - foot tall monopole measured above ground level (AGL), painted brown, with an approximate top elevation of 1,108 feet, measured above mean sea level (AMSL). Character of Property: Hilly, wooded area Use of Surrounding Properties: Single - off a paved road that leads to a residence, family residential, agriculture and wooded. then along logging road to the site. Factors Favorable: See report. Factors Unfavorable: See report. RECOMMENDATION: Staff recommends that the Planning Commission grant a deferral of SDP 2007 — 119 Shelton Property /Verizon Tier II PWSF — Final subject to the condition that the application will be deemed withdrawn if it is not acted on by the Planning Commission prior to January 15, 2010. STAFF CONTACT: PLANNING COMMISSION: AGENDA TITLE: PROPERTY OWNER: APPLICANT: PROPOSAL: Gerald Gatobu August 18th, 2009 SDP 07 -119: Shelton Property / Verizon Tower Charlotte J. & William C. Shelton Cellco Partnership D /B /A Verizon Wireless The above named application for a Personal Wireless Service Facility was submitted on October 22, 2007. In April of 2008 the applicant requested that review of the application be deferred. The Zoning Ordinance states that a deferred application is deemed withdrawn 6 months after the request for deferral unless action is taken by the Planning Commission or Board of Supervisors. The Agent is authorized to grant one extension of this time period. An extension by the agent was granted on September 19th 2008 in accordance with section 32.4.2.8 of the Albemarle County Code until February 26th, 2009. The agent's extension ran out and on February 17th 2009. The Planning Commission on February 17th 2009 approved an extension of the deferral for this project until August 26th 2009. Therefore, unless action is taken by either the Planning Commission or Board of Supervisors by August 26, 2009 this application will be deemed withdrawn. The applicant is requesting that the Planning Commission take action. The action the applicant is requesting is that the Planning Commission grants a 6 month deferral until January 15th 2010. This action would meet the requirements of the ordinance. Current Development staff is able to support a deferral to January 15th, 2010. Staff can identify no purpose that would be served by causing this application to be withdrawn. No changes to the ordinance have occurred. However it is expected that ordinance amendments affecting fees will occur in early 2010. Staff will have to send out new notices and conduct review of any new information that is submitted or can proceed with the information already submitted. RECOMMENDATION: Staff recommends that the Planning Commission grant a deferral of SDP 2007 —119 Shelton Property/Verizon Tier II PWSF — Final subject to the condition that the application will be deemed withdrawn if it is not acted on by the Planning Commission prior to January 15, 2010. 2