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Home My WebLink AboutSDP200800015 Staff Report 2009-10-06ALBEMARLE COUNTY'PLANNING `STAFIF REPORT SUMMARY Project "Names: 'Verizon'Tier 11 towers 'Staff Gerald Gatobu, Principal Planner [SDP .2008 =15, .2008 -39, 2008 =75, 2007 -83, .2007 - 92,.2007 - 100, 2008= 132, 2007 -135] Planning Commission Public Hearing: Board of *.Supervisors Hearing: October 6' "2009 N/A Owners: Various Owners Applicant: Cellco Partnership / Verizon Wireless Acreage: Various Acreages (see below) Rezone from: Not applicable (Lease Area: Vary in size) Special Use Permit for: Not applicable 'TMP: Various Tax Map and Parcel numbers 'By -right use: Most of the properties are see below. zoned RA, Rural Areas with one of the eight .Location: Various locations zoned CO, Commercial Office (See below). Magisterial District: In Various Magisterial Proffers /Conditions: No Districts. Requested* of Dwelling Units /Lots: N/A DA - RA Comp. Plan Designation: Different Comp. Proposal: Deferral of eight Verizon Tier Plan Designations (see below) II applications. Character of Property: The properties are in Use of °Surrounding Properties: Single - various locations with different characteristics family residential, agriculture and wooded (Multiple uses of surrounding properties). Factors'Favorable: See report Factors Unfavorable: See report. RECOMMENDATION: Staff recommends that the Planning Commission grants a deferral of the eight Verizon Tier II'Personal Wireless Service Facilitiessubject•to,the condition -that -the applications will be deemed withdrawn if not acted on`by °the 'Planning Commission prior-to.January '15, 2010. STAFF CONTACT: Gerald Gatobu -PLANNING COMMISSION: October 6th, .2009 AGENDA TITLE: Deferral of eight Verizon Tier II Tower Applications PROPERTY OWNER: Various Property owners listed below APPLICANT: Celico Partnership D /B /A Verizon Wireless PROPOSAL: The eight applications for Tier II Personal Wireless Service Facilities (listed on sheets 3 -and 4) were submitted on various dates in 2007 and 2008. On October 6th of 2008, the applicant requested that review of the applications listed below 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 The Zoning Ordinance states that a deferred application is deemed withdrawn 6 months after the request for deferral unless action is taken by the Planning Commission or Board of Supervisors.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 March 17th .2009 in accordance with section 32:4.2.8 of the Albemarle County Code until October 6t", 2009. The agent's extension runs out on October 6t", 2009, therefore, unless action is taken by either the Planning Commission or Board of Supervisors by October 6th, .2009 the eight applications for Tier II Personal Wireless Service Facilities will be deemed withdrawn. The applicant is requesting that the Planning Commission take action. The applicant is requesting that the Planning Commission grants a 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 the applications 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 SDP2008 -00015 Christian Aid Mission/Verizon Tier II PWSF Final, -SDP2008 -00039 .Durkin Property - Yerizon Wireless / Verizon Tier II PWSF— Final, SDP2008- 075- :Easton Estate/Verizon Tier II- Final, SDP.2007 -083- Anderson- Property/Verizon Tier:II- Final, SDP200700092 Cervenka Property / "Verizon Tier IIPWSF— Final, SDP2007- 100 - 'Sprouse Property/Verizon Tier.II — Final, --SDP2008-132-.Ramland Corp. Verizon Tier II Final, and SDP200700135 ',FoxProperty/Verizon Tier II PWSF — Final, subject-to the condition that the applications will be deemed withdrawn if not:acted on by the Planning Commission prior to January 15, :2010. 2 VERIZON TIER II TOWERS TO BE DEFERRED SDP2008- 00015,Christian Aid Mission/Verizon Tier II PWSF —Final Request for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 85 feet tall (741 feet AMSL) and 10 feet AMSL above the height of the tallest tree within 25 feet, with a 12'x 30' x 12 (W x L x H) prefabricated shelter /equipment cabinet. This application is being made in accordance with section 23.2.1.14 of the Zoning Ordinance, which allows for Tier II wireless facilities by right in (CO) Commercial Office. The site contains 12.5 acres, and is described as Tax Map 59, Parcel.23GL The property is located in the Samuel Miller Magisterial District and is zoned CO, Commercial Office. The Comprehensive Plan designates the property as Commercial Office in Rural Area 1. SDP2008 -00039 Durkin Property - Verizon Wireless Nerizon Tier II PWSF -- Final Request for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 105 feet tall (664 feet AMSL) and 10 feet AMSL above the height of the tallest tree within 25 feet, with a 12'x 30'x 12 (W x L x H) prefabricated shelter /equipment cabinet. This application is being made in accordance with section 1 0.2.1.22 of the Zoning Ordinance, which allows for Tier II wireless facilities by right in the (RA) Rural Area. The site contains 29.27 acres, and is described as Tax Map 34, Parcel 70. The property is located in the Rivanna Magisterial District and is zoned RA Rural Area. The Comprehensive Plan designates the property as Rural Area in Rural Area 2. SDP2008 -075- Easton Estate/Verizon Tier II- Final Request for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 85 feet tall (10 feet AMSL above the height of the tallest tree within 25 feet). The ground equipment, which will be placed on a platform, will consist of six 35.4 "x32 "x72" cabinets containing transmitters and radios, two 30.71 "x30:56 "x69.17" cabinets containing batteries, and a stand -alone diesel powered emergency back -up generator. The monopole and ground equipment will be contained within a 2,500 square foot lease area on the property. This application is being made in accordance with Section 10. 1.22 of the Zoning Ordinance, which allows for Tier II wireless facilities by right in the Rural Areas. The property is 4.5 acres, described as Tax Map 79A1 -C, Parcel 35, is located in the Scottsville Magisterial District and is zoned RA, Rural Areas and EC, Entrance Corridor. The Comprehensive.Plan designates the property as Rural Area in Rural Area 2. -SDP2007 -083- Anderson Property/Verizon Tier II- :Final Request for approval of a treetop personal wireless service facility with .a steel monopole that would be approximately 98.5 feet tall (10 feet AMSL above-the height of the tallest tree within, 25 feet), with a 12 -foot high 360 square foot shelter /equipment cabinet. This application is being made in accordance with Section 10. 1.22 of the Zoning Ordinance, which allows for Tier II wireless facilities by right in the Rural Areas. The property is 13.68 acres, described as Tax Map 105, Parcel 46, is located in the Scottsville Magisterial District and is zoned RA, Rural Areas and EC, Entrance Corridor. The Comprehensive Plan designates the property as Rural Area in Rural Area 3. SDP200700092 Cervenka Property / Verizon Tier II PWSF - Final Request for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 104:5 feet tall (10 feet AMSL above the height of the tallest tree within 25 feet), with a 12'x 30.42' x 10.58' (W x L x.H) shelter /equipment cabinet. This application is being made in accordance with section 10.1.22 of the Zoning Ordinance, which allows for Tier II wireless facilities by right in the Rural Areas. The property contains 3.06 acres, described as Tax Map 93, Parcel 47N, is located in the Scottsville Magisterial District and is zoned RA, Rural Areas and EC, Entrance Corridor. The Comprehensive Plan designates the property as Rural Area in Rural Area 4. ,SDP2007- 100 - Sprouse' Property/Verizon Tier II - Final Request -for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 100 feet tall (10 feet AMSL above the height of the tallest tree within 25 feet), with a 12 -foot high 320 square-foot shelter /equipment cabinet that will be contained within a 2,500 square foot lease area. This application is being made in accordance with Section 10. 1.22 of the Zoning Ordinance, which allows for Tier II wireless facilities by right in the Rural Areas. The property is 2.21 acres, described as Tax Map 57, Parcel 8A, is located in the Whitehall Magisterial District and is zoned RA, Rural Areas and EC, Entrance Corridor. The Comprehensive Plan designates the property as Rural Area in Rural Area 3. SDP.2008- 132 - Ramland Corp. Verizon Tier H - Final Request for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 99.5 feet tall (10 feet AMSL above the height of the tallest tree within 25 feet), with a 12 -foot high 200 square foot shelter /equipment cabinet that will be contained within a 2,500 square foot lease area. This application is being made in accordance with Section 10. 1.22 of the Zoning Ordinance, which allows for Tier II wireless -facilities by right in the Rural Areas. The property is 3.001 acres, described as Tax Map 42, Parcel 9K, is located in the Whitehall Magisterial District and is zoned RA, Rural Areas. The Comprehensive Plan designates the property as Rural Area in Rural Area 3. °SDP200700135 Fox.Property/Verizon Tier II PWSF Final Request for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 115 feet tall (578 feet AMSL) and 10 feet AMSL above the height of the tallest tree within.25 feet, with a 12'x 30.42' x 10.58' (W x L x H) shelter /equipment cabinet. This application is being made in accordance with section 10.1.22 of the.Zoning Ordinance, which allows for Tier II wireless facilities by right in the Rural Areas. The site contains 1.99 acres, and is described as Tax Map 47, Parcel 18. The property is located in-the Rivanna Magisterial District and is zoned RA, Rural Areas and EC, Entrance Corridor. The Comprehensive Plan designates the property as Rural Area in Rural Area 2. in Pagel of 2 Gerald Gatobu From: Bill Fritz Sent: 'Thursday, September 17, 2009 1:16 PM 'To: Gerald Gatobu Subject: Fwd: Verizon Wireless Extension of Pending Applications Could you get in touch with Maynard to discuss these. Thanks. Sent from my iPhone .Begin forwarded message: From: "Sipe, Maynard L." <Maynard.Sipe&leclairryan.com> Date: September 17, 2009 12:54:09 PM EDT To: "Bill Fritz" <BFRITZQalbemarle.org> Subject: Verizon Wireless Extension of Pending Applications MI I intend to file extension requests for several pending applications which I understand will need Planning Commission approval. They need to be presented to the Planning Commission at the October 6th meeting. I would appreciate your reviewing this list and giving me a call to discuss. File Number SDP2007 -00083 SDP2007 -00092 SDP2007 -00100 SDP2007 -00135 SDP2007- 00015 SDP.2007 -00039 SDP2007 -00075 SDP2007 -00132 Thanks, Maynard Property Owner Anderson Cervenka Sprouse Fox Christian Aid Mission Durkin Easton Ramland Corp Maynard L. Sipe Attorney at .Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville, Virginia-22902 (434).245 -3437 Direct (434) 296 -0905 Fax (804) 248 -8710 Mobile Maynard. Sipeeleclairrvan.com http: / /www.leclairryan.com 9/28/2009