HomeMy WebLinkAboutSP200800012 Action Letter 2008-07-25COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
July 25, 2008
Stephen Waller AICP
536 Pantops Center PMB #320
Charlottesville, VA 22911
RE: SP2008-00012 Embarq (Verizon Wireless) — Tier III PWSF
Tax Map 61, Parcel 129C
Dear Mr. Waller
Fax (434) 972-4012
On July 2,2008, the Albemarle County Board of Supervisors took action on SP #2008-
00012to allow Co -location of a personal wireless service facility on an existing tower on Tax
Map 61, Parcel 129C in the Rio District. This special use permit was approved based on
the following conditions:
The tower shall not be increased in height;
2. All antennae, dishes and their replacements attached to the tower shall be used for
personal wireless service providers;
3. Additional and replacement antenna arrays may be attached only as follows:
a. Omni -directional or whip antennas shall not exceed twenty (20) feet in height or
seven (7) inches in diameter, and shall be of a color that matches the tower;
b. Directional or panel antennas shall not exceed seven (7) feet in height or two (2)
feet in width, and shall be of a color that matches the tower;
C. Only flush mounted antennas shall be permitted; no new antennas shall project
from the structure beyond the minimum required by the mounting equipment, and
in no case shall an antenna project more than twelve (12) inches from the
existing structure. The replacement of omni -directional, whip, directional or panel
antennas in existing antenna arrays shall be subject to this condition; and
d. Existing arrays of directional and panel antennas that are mounted with brackets
that separate them by more than (12) inches from the structure may remain.
Provided, however that if any of these arrays are replaced at any time, they shall
be flush -mounted as provided in condition 3c. This condition shall not pertain to
the maintenance and/or replacement of a single panel antenna that malfunctions
or is in need of repair.
4. Not more than six (6) satellite or microwave dishes may be attached to the tower at one
time, and only as follows:
a. The existing six (6) foot diameter grid dish that is subject to this request may be
replaced by the specified six (6) foot diameter High Performance dish at a height
that is not more than 95.5 feet;
b. Other existing satellite and microwave dishes may be replaced on the tower by
the same type of dish, provided that the diameter of the replacement dish does
not exceed the diameter of the dish being removed, the color of the replacement
dish matches the tower, and the mounting height does not exceed that of the
dish being replaced;
C. Other existing satellite and microwave dishes may be replaced on the tower by a
different type of dish if the mounting height is no less than twenty (20) feet below
that of the dish being removed, the diameter of the replacement dish does not
exceed that of the dish being removed, and the color of the replacement dish
matches the tower;
d. Other existing satellite and microwave dishes may be replaced by a different type
of dish if the proposed mounting height of the replacement dish does not satisfy
the height requirements of condition 4c with the written approval of the Zoning
Administrator. This approval shall only be granted after the submission of a
microwave path survey indicating that the proposed replacement dish will be
mounted at the lowest possible height that allows the system to function. In such
a case, the path survey shall demonstrate the reason(s) why the proposed height
is the lowest possible height, but in no case shall the replacement be higher than
the dish it is replacing;
e. All replacement satellite or microwave dishes shall be mounted as close to the
face of the pole as structurally and mechanically possible and, in no case, shall
the distance between the back of the dish and the face of the pole be greater
than eighteen (18) inches; and
f. Prior to the issuance of a building permit for replacing a dish, the applicant shall
provide engineered drawings demonstrating the dimensions of the existing dish
to be removed and its replacement dish, and additional information
demonstrating the mounting distance between the pole and the dish to the
Department of Building Code and Zoning Services.
5. The current owner and any subsequent owners shall submit a report to the Zoning
Administrator once (1) per year, by not later than July 1 of that year. The report shall
identify each user of the tower and that each user is a personal wireless communications
service provider;
6. The permittee shall comply with Section 5.1.12c of the Zoning Ordinance;
7. The facility shall be disassembled and removed from the site within ninety (90) days of
the date its use for personal wireless communications services 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;
8. All work shall be done in general accord with what is described in the applicant's request
and site construction plans, entitled "Rio Road, Embarq Property", with a final zoning
drawing submittal date of 3/10/2008;
9. The following shall be submitted to the agent after installation of the antenna is
completed and prior to issuance of a certificate of occupancy: (i) certification by a
registered surveyor stating the height of the antenna, measured both in feet above
ground level and in elevation above mean sea level, using the benchmarks or reference
datum identified; and
10. The applicant shall provide landscaping along Rio Road East generally as shown on the
Landscape Plan by J. Thomas Dalton sealed 5-21-08, with a final landscaping plan to be
administratively approved by staff.
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; 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 Sherri Proctor at 296-5832.
Sincerely,
William D. Fritz, AICP
Chief of Current Development
Current Development Division
Cc: Cellco Partnership DBA Verizon Wireless /C/o LeClairRyan
123 East Main Street
Charlottesville, VA 22902
Central Telephone Co Of Va
P O Box 6788
Charlottesville Va 22906