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HomeMy WebLinkAboutSDP201000003 Legacy Document 2010-06-16ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP 2010 -3 Singleton Property (AT &T) Tier 11 P1F Staff: ARB Gerald atabu- Principal Planner. Been# Nelson- Planning Commission Public Hearing: Board of Supervisors Hearing: June 22 "°, 2010 NIA -- Owners: Singleton Ann P. Acreage; 2,089 (Lease Area: 600 square feet) TMP; Tax Map 58At, Paroel 40FI Location: 2856 Morgantown Road [State Route 7381 approximateiy 600 feet front the Intersection of Morgantown Road [State Route 7381 and 1 Road State Route 250 Magisterial District: Samuel Miler Applicant: AT &T. Gerry Sharp Rezone from: Not applicable Special Use Permit for; Not applicable By -right use VR, Village Residential and EC. Entrance Corridor Overlay Proffers/Conditions No Requested ;N of Dwelling Units/Lots: NIA I DA. proposal: Proposal to install a Tier II personal wireless service facility. The proposed facility will consist of a 69-foot tall monopole and associated equipment. The monopole will be (I D) ten feat above the reference tree. RA - X Comp. Plans Designation- Rural Area in Rural Area 3 haracter of Property' The proposed site is Use of Surrounding Properties: located on a parcet with an entrance off Single-family Residential Homes Morgantown Road [Mate Route 738), The lease area is wooded and there is an existing residential structure on the properly- Factors Favorable: Proposal meets the Factors Unfavorable. This personal wireless service facility requirements of Section 5,1,40,2 and will be has not satisfied all condlions of the Archttectural Review installed and operated in comp IOnce with Board. section 5.1.40,d Criteria (1) through (8) Recommendation. This proposal meets the requirements of Section 5 .1 -40.a, and will be installed and operated in compliance with section 5.1.4 (),d Criteria (1) through {8 }, however, Architectural Review Board conditions have not been satisfied because a certificate of ap2rognateness for this project has not. y, _ ..bep annrnvpd A hearing an the aooeai of the ARB's denial of the certificate of appropriateness for this project i, Staff cannot recommend approval of this personal wireless facility- S'rAFi~ CONTACT' PLANNING COMMISSION- AGENDA TITLE: PROPERTY OWNER: NER: APPLICANT: PROPOSAL. Gerald Gatubu: Brent Nelson June 22 ", ?1110 nP 2010-3: Singleton Property - AT &T- Personal Wireless Service facility Singleton Ann P. Gerry Sharp, AT&T Rv,q uest for approval of a treetop personal wireless service facility with a steel monopole that would he approximately 69 feet ta11( 10 feel above the height of the reference tree). within a 20 x 30 foot lease area. This application is being made in accordance with section 12.2 . 1. (16) of the Zoning Ordinance, which allows for Tier 11 - .,.ircless facilities by right in the Village Residential Zoning District. COMPREHENSIVE PLAN. Tits Comprehensive flan design ws this property as Dural Area in Dural Area 3. CHARACTER OF THE AREA: The proposed site is located on a parcel adjoining the north side of MorgantoAm road (State Route 73$), approximately 600` southwest of the intersection with route 250. The lease area is heavily wwded and situated approximately 300' south of the Route 250 right-of-way. This section of the Route 250 entrance corridor includes a mix of small commercial businesses, and patches of mixed hardwoodlevergreen forest amongst single family homes. (Attachment B'). PLANNING AND ZONING HISTORY No planning and zoning histan- was found for this parcel. STAFF COMMENT: Section 3.1 pro ;ides the following dertnitions that are relevant #t► this propndiol: Tier 11 personal wireless serrice, actUiy- A personal - Aireless service facility that is a treetop facHity not located within an avoidance area, Tm,extp. fveility: A personal Lkirelm service facility consisting of a self - supporting monopole having a single shaft of wood. metal or concrete no more than ten (10) Feet taller than the crown of the tallest tree witldn twenty -five (25) feet of the monopole. measwcd above sea level (A L.), and includes azoeiated antennas. mounting structures, an equipment cabinet and other essential personal wireless service equipment. 1) 2 voidance vrea: An area having signnificant resources where the siting of personal wireless service facilities could result in adverse impacts as follows: (i) any ridge arm Where a pemnal wireless service facility would be skylighted; (ii) a parcel within an agricultural and forestal district. (iii) a parcel witWn a historic district: (iv) any location in which the proposed personal wireless sen ice facilit }� and three (3) car more existing or approved personal wireless rvice facilities would be vtivithin an area comprised of a circle centered anvwhere on the ground hav in 9. a radius of two hundred (214) feet: or (v) any location within two hundred (200) feet of any state scenic highway or by -way. Section 5.1 40 {(I), "'Fier I facilities" ,late. (Emphasis Added) "Each Tier I1 facility, men, he established upon commission approval of an arpplicallon satiq.6,ing the requirements of subs erion 5. L40(a) and demonstruling that the aci ifY will be installed and operated in c.'omphance svith all applicable prowsions of this chapter. criteria fT11hr•ough ( ) helou-, and satisfying all condifrans of the archilecturai review board- The commission shall act on each appficarion within the time periu& esiablished ire section 314.2.6. The commission shall approve each application. twi isout conditions, once ii determines rlierl all of tleese requiremenn have beerr satisfied- 1f the cominission denies an application, it shall idea f,. which requirements ents were not sati.s/ied and inform Me applicam what needs let he done to sa sb? each requ remunt, " Per section 5.1.40.d abuve. the T'lanniag Commission can appmvc each lower application when: al Requirepnew -v of'subsection 5.1.40(a) are satisfied b) The applicant &mornsrrazexs that rite facilit), will be in stalked card operated in compliance vs'itlr cr1l upplicable provisions of obis chapter, criteria (1) through (8) I All conditions of `tire ureliite *ctural revieaF board are srrfrsfred The Planning Comm ission shall approve each application, without conditions once it determines that all of the shove requirements have heen met. The applicant has submiutnd an application that .satisfies the requirements set forth in Section 5.1AO(a) and _ demonstrated that the facility wi11 be installed and operated in compliance with all applicable provisions of this chapter. criteria (l ) through (S) sho -wn below. The applicant has not satisfied all con diti ns uFthe Architectural Rev igw Board because a certificare of aonronriateness ha% not Yet been 4 roved, ,several balloon tests were performed ai the k)-c ation of the prMlsecl facility tAttachment CI- On Msy 3"d 2010, the Architectural Review Board reviewed this rcluesI far cumpl<iance with the tvount' %.Is- design guidelines for the entrance corridor [State Route 25111 and denied the application. lAtUchment l)[. Section, 5.1.4f)(d)(1): Tire futility whelp cerrrrlrlr toh mbrevion 5,1,40(b) and subsection 5.1.40(c)(2) through (9). Staff has determined that the proposed ractlity's location Wraphes with all of the exempiinns of Section 5.1 A(Xb) and the proposed Nuipment meets all relevant design, rnounting and size criteria that are set forth in Section 5.1.40(c)(2) and (3). `1'he remainder of subsection (0 3 provides acquirements that are subject to enforcement ifthe facility is approved. Section .1.40(d)(2): 'the .cite shall prorlde adequate oppormnifies for.screening and the 1arci ir,}, shall be stied to inirrrmize its vivibilio- rom a4acent parcels acrd streets. regardless Df their distance_ir'om d facilii - ff iher. fficil rtr would he visibie,lrnrtr a slate scenic river or u national park or rrarinnul hrcfst, re or•diess of whether Me site is a4jacunt thereto, the fucilh), also shall be srled so minimize its visibilhy ftom +rich river. park r,r writ. if the facdhy would be located on Ian&, subject w a c'ons'ervation easemew or an n rr xpaee easement. thefaeility shall be sifed to so that it iw not visible from an.y resources .specr call y idenftfied for protection in the deed of easement. The proposed facility includes a monopole that would have a height of approximately 69 feet above ground level or 662 feet above mean sea level (AMSi,). The height of the reference = is 59 feet above ground Icvel or 652 feet above mean sea level (AMSL) and is located within 25 of feet of the proposed rnopopole. A balloon test was conducted onj7ebruary 10th, 2010. The haIIoiPn was flown 14 feet east of theprmpL)sed monopole Site. Overhead branches prevented tlrc balloon from being gown at the exact monopole Iogation. The hallcoon a, visible for a distance of upproxirnately 300' along the State Route 250 Vilest Entrance Corridor at the proposed elevation of 69 feet, or 10* above the top of the reference tree. however it must he note d that a� we drove down the slope towardti ]vv Lind the Exxon gas station. telephone. boles, electric acrd telephone wires. sums, and bpi Idings also appeared in our vigw. As a companion. the balloon Avas lowered so that it was only 7' above the reference tree. or 66 feet. The balloon was visible for the same di -mute along tb; entrance corridor. At both elevations, the balloon was directly Asible along Stag Route 230 west as tine approached the Exxon gas station in Ivy. The bal1wn graduully disappeared from view as one drove do Am towards Demers restaurant and ivy Commons on State route 250 west. The balloon was minimally visible along Morganto nn load. In an effort to minirnixe the visibility of the monopole from udjueernt parcels and streets and haled on the visibility results ol'the first balloon test. the applicant decided to conduct a second balloon test on February 23`� 10 10. The balImn was f mNm to a height of6 } feet (4 fcel_a_kx yg reference tree), and 14 feet east of the proposed monopole location. The bal. Ioun was visible for the same distance along the entrance corridor as the previous balloon test. At tour (`t) feet above the reference tree, the bet loan was directly visible along State Route ?50 vest as we approached the Exxon gas station in ley. Telephone Holes. electric and teIgphcsne iAires. signs. and buildings al so appeared in cur view. The balloon gaduaIly disappearm] from view we drove dawn past the Exxon gas station towards the Ivy Railroad Bridge. Daners restaurant,* and Ivy Commons on State Route 250 west. The balloon xvas minimally %isible along Morgantown Road. The results of the Febmmn, 10. 2010 and February ?3.2010 balloon tests were presented to the Architectural Review Board on March 15. 20 10. The Architectural Review Beard. by a vote of 4:0, denied the appli=t's request (Attachment D). The applicant appealed the A U3 decision to the Board of Supervisors. but withdrew the appeal. A new location 13.5 feet northwest of the }proposed monopole location that would simulate a more accurate representation of the proposed monopole location was chosen as a new launch site for a third balloon test. A balloon test at this new Ideation .had been pdvatcly conducxed by the applicant and the results included irr the Architectural Review Board appeal tQ the Board of Supervisors. Upon recommendation from architectural review board staff, the applicant withdmw the appeal so that staff could attend a balloon test at the new location cited in the Board of Supenvisors ;appeal. The project was then refermd hack to the Architectuml. Review Board for 4 review and action. To AmArn further effort its reducing the proposed manopnles vi .6bility from adjacent parcdi imd streets the anplicant aigreed to rnnduct a third balloon test at the new location 13.5 Feet northwest of the proposed munupole location. Staff attended a third balloon test on Friday. April 16. 010. Again. due to existing overhead branches, the balloon %-as launched from a location approximately 13.5' northwest of the proposed monopole. The balloon wus flown to the height of the mopopole, 69 tcct and 14' above the reference tree. The balloon was visible and oriented dirertly in front of the viewer while descending the hill on State route 250 West at [v,' for a distance of approximately 304 ". The hallaon was visible in the vicinity of three ev"green trees which appeared to the left and right of the bAoon. Additionally i e lqphope no I es, electric and tcle hone wires. si ns. and buiIdi WA so a_nneared in our view as we descended the hill at Ivy;. The balloon continued to be visible. but to a lesser degree, as one drove doom past the Exxon gas station. towards the TvY Railroad Bridge. Duners restaurant. And iv-%- Commons on state route 250 vves# [Attachment C 1. The balloon was not visible from ether points along route 250 west. The lease area and associated ground equipment will not be vrisiblc from the entrance corridor or along, Morgunimm Read. The results of the April 16'h, 2 D 10 balloon test were presented to the Ar6iicc:tural Review Board on May 3rd. 2014. 1 -hc Architectural Review Board. by a vote of 3:1. denied the applicant's request (Atiav: neat D). The applicant appealed the Architectural Review Board decision to the Board cif Supervisors. On June I e ?U 14, the Board of Supervisors by a vote of 6:0 deferred the Architectural Review ('hoard appeal (ARB -2010 -42) to their July 14, 2010 meeting The monopole at the proposed elevation of ten (10) feet abavtc the reference tree rill be visible from State Route 250 west. The Architectural Review Board denied the tower application based on the degree oFvisibiIity at one location along the entrance corridor IState Route 250 west] (Attachment Q. The personal wireless facility roust be sited to minimize its visibility from adjacent parcels and streets. It is impvr1anI to mote Ihat the wireless policy and Zo ttiag Ordinance aim to mitigate or minimize visnnl impacts as opposed to staking persona wireless facilities disappear From view. The ".lava Browm- color of the monopole and antennas is expected to further limit views of the facility. Section 5.1.40(d)f31: The,facilf y shall not adversely impael resour'ees ideal {fed in the or my :c opera space plena. The County's wireless service facilities policy encourages facilities viith Iimited visibility, facilities with adequate wooded backdrop, and facilities that do not adversely impact Avoidance Arras, This; -pm rnal wireless facility is not located in an Avoidance Area. The proposed monopole is expected to be visible for a relatively short period of time at a particular point when traveling west on the Ivy Road [ Staie Route 2 50 west] entrance corridor. The posted speed Limit for State Route 250 west is 35 rniles per hour whiIc traveling vkrest towards the proposed monopole location. The monopole is not visible along other areas of State Route 250 adjacent to Dun ers restaurant and lyi- Commons. S inularly, the monopole is minimally visibic from most =as along, Morgantown road. Staff-,, analysis of this request addresses the cum;ern for the possible loss of aesthetic or historic resources. The proposed lease area is not delineated as a significant resourrcc on the open Space Concept Map. Staff bet ieve% there is no significant loss 0fresources related to the installation of the proposed monopole. Section 5.1.40(d)(4): 7 e jacdiry hall not be locu+ed sya that rl and three (3) or more existing or approved persiona l would he within an area comprised of ar circle centered an-where on the ground lwving a ra dim qf fivo hundred (200)-ieei. There js no ex isting personal wireless service facility located Mthin an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet. ection S.1S.1_404d)(5): The maxirrnom base diameler of -rite monopole shall be thirty (3 0) inches and Me ruarrmum diameter at the top of'ti :e rrronopofe shall be eighteen (IS) inches- Nines on the site plan for this facility propose a monopole diameter not to exceed 30 inches at the base or 18 inches at the top. These dimensions comply A ith the maximum width mquirements for treetop monopoles serving Tier E facilities. Sect ion 5.1.4kd)(6): The lop of the monopole. measured in eleva dory above mean sea level. ,sholf nor exceed the height approved by the commission. The approved height shall nor he Mnre than seven (7) feer larller than Me fvflesr tree ii-rthin iwenty -five (25) feet elf the manapole. and shall include an'y base} fnundarian or grading rifest raises rite pole aba re the pre- exisring natural round elevation. , provided that the height approved by. the commission ml.5- be up ru Yen ( }0) feet taller than the tallest tree if the owner of thefacility demawrates to the xatis action of l e commission hurl Mere is nor a material difference in the visihilrrt- ol'the monopole at the proposed height. rather than at ar heighr .severs {?).feet taller than the iallesl tree: and there is not a material difference in ad}wrse impacts io resources idennyied in Ihe c�rru"i -V ;s apen since pleat caused b'y lire monopole at Me: proposed height, rather than art a height severs (o.) feet taller than the tallest tree. The applicant met), appeal the commissioner's denial of e rrmodi(ication to the hoard of'stepervisors as provided in subsection 5- L 40(d) (12). As mentinned previously in this report. the proposed monopole would have a height of approximately 662 feet above mean sea level (AMSL). The height of the reference tree is approximateiv 652 feet above mean sea ievcl (AMSL). The proposed nonopole M] be ten (10) feet tal Ier than the tal lest tree within twenty -five (2 5) feet, Several balloon tests were conducted in an effort to minimize the visibility of the monopole from adjacent parcels and streets as indicalecl above. The wireless policy states that personal wireless facilities that are well sited will almost always he less visible. but siting does not &, uarantee invisibility. Based on the results of the balloon tests. staff would have recommend approval of the proposed personal wireless facility at 7 feet above the reference tree. The app] jcantfoNyner of the facility would have had to demornstrate to the satisfaction of the commission that there is not.a .tnagG al diffgronee in the visibility of the monoppo le at the pm2gsLd hei rht of 10 feet above the tallest t.re Tather than at a height seven (7) feet taller than the reference tree. However. because a certificate of apMo;Ldateness for this Project has not yet been approved Staffcannot recommend WRLoval rid lhics pc -monal - Aireless facility. A hearing on the apppai of the ARB's denial of the certificate of appropriateness for this project is_scheduled for luIv 10. 2010 See Eion 5.1.40(d)(7) Each wDod'rrronopo }ex shall he a dark brown natural woodce,lor: each meal or concrete monopole shall he painted a brown wood solar io blend into the .surroundin irees. The amennas, supporting brackeic, and all afire #r equipment attached to the nrorrUI rle shall he a color that close!}? rtraIcheN- that of the monopole- They ground equ proem. the ground eqi pment cabinet, and the concrete pad shall also be ae color Char closely matches drat of the manopcde, pm ided that the ground equipment and the concrete pad need not be of such a color [i if rhzes- are encInsed within or behind an approved fagade or. fencing thctr_ fi) is a color then closely maiehe,% Mar cif Me rrmrrapole,. (ii) is consistent with tyre c harac ter• of the area.- and (iii) snakes the ground egrriposew and concrete park invisible at anry lime o f :ear ltrjm ant- rather parcel or a public or private street. The applicant is proposing the installation of a facility with a steel monopole. The proposed color for the tower and equipment cabinets is Sherwin WiIliaans brown paint (Java Brown) to snatch existing surroundings. Section 5.1.40(d)(8 1. Each wood monopole shall be consrrucleds) that all cables. wiring and similar atrachnienis that run rerticall'y roni the grnund equipment ro the antennas are plated on Ater pale is faces the interior o f rite properrt, and mveo r firo r public ri" -, as determined b)! the agent. Metal monopoles shall be r- wnstrucied so that vortical cohles. wiring and.srrrrllar arrachments are contained within dic mvijapolc .s srruclure. A note on the site plan indicates that vertical cables_ wiring and similar attachments will be located inside the monopole. Section 7041a)(7]4h)11 1011 of The Telecommunications Act of 1996: The re ulafr'on of the plac-emtmr. conslruc Lion and nmodf lieation o personul wireless. facilities by am;•safe or lucal government or iaTtrumentat y rhereof.shall not prohibit [ar have the cJfect of prohibiting the prop *isiDn o f personal wireless .ser4.icex. `J-he Telecomm unications Act addresses concerns for em+ironmmul effects with the foliow-ing language. *'No state or focal govenmient or its in=enta.lity thereof Ma}- regulate the placement, construction. and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions" regulations concerning; such emissions.'" In order to operate the proposed facility, the applicant is required to meet the FCC guidelines for radio frequency ernissirrns. 'Fhesi requirements will adequately protect the public health and safes % -. It is stafr"s opinion that thv denial of this application vw nuld not have the effect of prohibiting the provision of personal wireless communication services. RE CO MMENDATION- This proposai meets the requirements of Secdon 5.1.40,& and will be operated in compliance with section 5 .1.40A Criteria (1) Ihn)ugh (8)• A third requirement for approval. that the applicant satisfi- all conditions of the Architectural Revi"- Board has not vet been met because u certificate of appropriateness fhr the praLget_ has not vet heen ayproved, A hearing on the appeal of the Ale's denial of the certificate of appropriateness for this project is scheduled for July 14.201D. Therefore staITcannot recommend approval of "this Tier 11 personal wireless facility at this time because the Planning Commission can only approve this application when all of the above requirements, including the conditions ofappmvax of a certificate of appropriateness have been met. 7 ATTACHMENTS- A. site Flan B. V-Winity Maps C. 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CL CL *� 18 r 7} k a, I -, - P a f } a o O s • F VL T� orti O CL Lq � 4-J > � m '" a ■ � F 4-1 cc 'o 0. 0 to c C4 .*� C ' M> 2 CO LZ .� ,.I c C Cd ail lllplw� M, R , AAA 1 — L dL vdp � •M 4 5 J � 4 Y xl } T G- LF- cr I h tE 'c l0� 1 Or L14 ir- 5 r' - jIB � L S tz - r f s � K9 ,i�ia r4�ao- r9/oiF 'tuY•t tiL Vk." y�- i Viw It Fw-M go &'m GI- 9x'IF. 17 AttaGF1mant ti L) E r UPI, 1 Or L14 ir- 5 r' - jIB � L S tz - r f s � K9 ,i�ia r4�ao- r9/oiF 'tuY•t tiL Vk." y�- i Viw It Fw-M go &'m GI- 9x'IF. 17 AttaGF1mant ti L) E r 5 r' - jIB � L S tz - r f s � K9 ,i�ia r4�ao- r9/oiF 'tuY•t tiL Vk." y�- i Viw It Fw-M go &'m GI- 9x'IF. 17 AttaGF1mant ti L) E r COUNTY OF A LBE MARL E Department of Cornmunit�r Development 401 McIntire Road, Nortli Wing Charlottesville. Virginia 22902 --1596 Phone (434) 2x► -SS32 fax 44341972-4126 March 19, 2010 Williams Mullen cto Kathryn M. Carmichael. Esq. 321 E. Main St., Suite 400 CharlottesviIle. VA 22902 RE: APB- 2010 -02: Singleton {AT&T) Tax Map 58A1, Parcel 44F1 Dear Ms. Carmichael; The Albemarle Gounty Architectural Review Board reviewed the above -noted item at its meeting on Monday, March 15. 2090. The Board. by a vote of 4.0 denied the request to construct a treetop personal wireless service Facility with a height of 10' above the reference tree. If you have any questions, please da not hesitate to contact me. incerely. Brent Nelson Landscape Planner cc: Singleton, Ann P P 0 BOAC 58 Ivy Va 22945 Gerald OatobU, Current Development File A til it el] mel, I if] IL L Al COUNTY OF ALBEMARLE Department ii) FCommuoity Development 491 Mcfn[ire Road. Norlb Wing Charlonesville. ViMinia 2290 4596 Phone (434) 296--5932 F11% (43 4) 972 -4126 May 5, 2D10 Kathryn M_ Carmichael c10 Williams Mullen *321 E. Main St., Suite 400 Charlottesville. Va. 22902 RE: ARB•2010 -02: Singleton JAT&T} Tax Map 58A I, 'Paroia l 40F1 Dear Ms. Carmichael: The Albemaft County Architectural Review Board, at its rneebng on May 3, 2010, reviewed the above -noted request for a Certificate of Appropriateness. By a vote of 3:1 the Board affirmed the Architectural Review Board's March 15, 2010 decision to deny the Certificate of Appropnateness for ARB- 2010 -02, Singleton (AT &T) Final Review of a Site Development Pla n- noting that there was not a s u f ient amount of i nforrnation or change in information to warrant a change in decision. This decision may be appealed to the Board of Su pervi sors within ten (10) caliendar days of the decision- If you should have any questions or comments regarding the above noted action, please do nOt hesitate to contact me at (434) 296 -5832 ext 0272. Sincerely, Brent Nelson Landscape Planner cc: Singleton, Ann P P0 Box 58 Ivy Va 22945 File AItaChnient 1) ARCHITECTURAL RE' U BOARD MINUTES March 15, 2010 The Albemarle County Architectural R.evie w Board ntci on Tuesday. March 15, 20 10. 1:00 p.m., Second Floor, Auditorium, Cuuntr Office Duildiag, Charlottesville. Virginia. Those members present wem Full Daggett, Vicc Chair, Charies T. Leb4r, Paul Wright and Brvee Wardell_ Fred Misscl, Chairman was ainsent, Staff members presenl were Margaret Mahi ,=%vski, Eryn Drennan and Brent Nelson. Greg ampttter, Deputy County Attorney, was present. CALL TO ORDER Mr. Daggett call l the meeting to order w 1:0? p.m. and established a quorum. PUBLIC COMMENT Mr. Daggett invited public i om tent, There being no public commertL the ntecting rnovcd to the next hero. RIEGULAR REVIEW ITEMS Alm - 2010 -02: Sin Oleto0 (AT&T) - Pre Iiminar� Review €sfa Site Development Plan T (Tax Map 5SA1. Parcel 40Fl ) PnPpwwl: To construct a treetop personal wireless service facility with a height of 10' above the reference tree, Brent Nelson summarized the smff report. # This is a preliminary review of a telecommunications facility to he located on :r parcel adjoining the north side of Morgantown Road approximately 600 feet southwcm orthe intersection with U Route 230. The facility as originally proposed would consist of a 69 foot tall steel monopole, with threc antennas all painted Java Brown at a height 10 feet above the I I" caliper Ash reference tree_ One proposed equipment pad and one future generator would be located on the concrete pad located in the 30' X 30' lease area. The lease area is heavily wooded and situated approximately 65' above and 300' south of the route 250 i4 w right- oi*way. Access to the site is provided by an existing paned drivewa� located within a proposed ?0' wide ingreWcg it �s utiIiity easement, + athn -rx Carmichael. with Williams Mullen representing the applicant AT &T, is present and has received the staff report. '"he ARB staff attended a balloon test on February 4.'010, The balloon was raised from the location of the proposed monopole and to the height of the monopole 10' above the reference tree. The balloon was highly visible and sky -lit fmrn a srsctiGn or Route ?50 East of the railroad ovens. &s_ The balloon was oriented directly in front of the viewer and visible for a distance of approximately 650' while descending down the hill westhound into Oic village cf lvy . Lowering the balloon from 10' to 7' did not result in a material difference in its visibilihr. The balloon was not visible from points along Route 250 west of the site. The ball€ on's visibility from paints along [route 250 West adjacent to the site was sufficiently mitigated by the wooded area in between. That location is dirmby in front of the Duner's Restaurant, Tike lease area and the associated ground equipmciu are not expeeted to he visible. • Due to the 1 lloon's high degree of visibility ai both the 7' and 10' elevations the applicant was asked if reducing the monopole height it) 4' above the reference tree would }provide the coverage AI RFMAKI FC[lU- nY AKCIATLCTURAL REVIEW BOARD- PAGE t 3 -15 -2010 FINAL MINIMS Attachment F needed. The applicant indicated that a 4' freight would be acceptable: however. the 7' or 10' elevations would be pr6erahlc. A wcond hal loon test was conducted ors February 23 with the balloon raised to a height of 4' above die reference tree. There was not a material difference in thr balk*n's visibility betvwcen the 4', 7' or 10` elevations from the section of Route 250 east of 111E overpass where it was previously viewable_ The balloon continued to be sky -lit and highly visible. .* A phow simulation provided by the applicant. known as attachment D in the report demonmrases the high degree of visibility and the Nky-1it appearance of1his proposal at 4' above the reference rree. i The primary issue-. have to do with. 1. Anticipated visibility of the monopole from tine Entrance Corridor. and . Impacts, by grading and site desigm. an the reference tree and other existing bees descigtl:ttecl to remain. Staff does not recommend approval of the proposed telecommunications faciIity at file 4'. 7' and IW elevations above the reference tree_ if the propu ed facility is approves the following comments would need to be addressed as outlined in the staff report. . Revise all applicable drawings to indicate which type of tree protection is to be temporary. which is to be permanent and what grading. if'any, is proposed. Provide verification from a certified arborist that the location of the proposed concrete equipment pact_ monopnie and all required grading will not harm the existing trees currently designatW as remaining. Provide a tree conscrvat ion plan with measures prnpnsed that would limit impacts of this proposal on all existing trees designated as remaittinrg. 2. Consider replacing the proposed double staggered row of Lcyland Cypress trees with Virginia Red Cedars. 10` sin center, located in an irregular, natural pattern. as pem6twd by the limits of the planting, area. Mr. Daggett invited the app Ii can t to address the ARB. Applicant Presentation. Kathryn Carmichael. with WiIIiarns Mullen r+epre writing AT&T, presented a PowerPoint presentation and explained the proposal_ • AT&T is proposing to imprnve wireless telecommunications coverage in Albemarle County along Route 250, which is a heavily traveled area as well ax s busine,s and residential area. There are currently locations whcrc~ customers drop their calls or have no covtxnge at all. So AT&T is proposing this tower in order to provide better climlity and reliable service in the area_ # The application meet all of the standard requirements contained in ft County's nrdinaince. Staffs remmmendations would be addressed at the very end of tlie presentation. Generally, AT &T carefully chose this location and went through a number of different evaluations to determine the location. The location is at the corner of Wrgantown Road around Route 250. She reviewed several photographs taken in the summer when they first evaluated this area to provide a better idea of the location of titre lease area. The existing driveway will be used for the access route_ There will not be avy further disturbance for access. The lease: area will be to the right of the driveway. They are proposing, with the installation of the compound as well as the tower. to remove about seven trees. For the most part it is a v'ery heavily wooded area and the remainder of the trees is going to stay the same. They will screen the tower and the compound from both the land owner as well as from the AI ZEMAr LE COUNTY AJticI IrrLt'1'1 kA4 - RmEw to Rb - PAGE= 345- 10 FINALMD;LrrES neighboring land owner. The application in front of the ARH is proposed for 69', whic11 is 10' above the reference tree. 6 In her Po eri Prot presentation leis. Carmichael reviewed photo simulations from various locations in both the surnmer and winter seasons. She explained how the tree coverage in the area would provide screening, to mitigate the visibility, of the monopole from Route 350 and several neighboring propertic5_ • The Wireless Policy for Albemarle County is a compromise system where they traded 20Q' towers, which would be visible from more areas, for smaller, less visihie towers_ But, unrortunately the way the wireless communications works they cannot make towcr5 invisible.. The tovrrers have to be able to see each other as well as to provide signals in order to provide coverage to the areas. This is a unique area because the coverage that they are trying to get on Route 250 is essentially down a hole. The reason this to3wcr is situated where it is. would he to cover that hole. The} cannot make the tower invisible_ There are telephone poles right next to the road that are not screened by trues. The tower is actually screened. They have dome a goad ,fob of mitigating the vices of the to,v%vr by placing it on a heavily wooded area. which also pnivides.screening for the ground equipment. + The fact tiitat the%- will see it easier perhaps more than other inwers that she has recently+ brought before the ARB did not mean that it was riot worthy of approval. They can't always. make towers as short or ;Ls invisihlc as they woWd like to be_ During the winter months there are other trees around the site including pines and deciduous trees. ■ As mentioned, they arc aware of the concerns of the neighbors to the right of the Singleton's property. They met with that neighbor and had discussed planting some landscaping so as to mitigate their +sic %y. There also will be a fence around the compnund that will help mitigate the ground equipment visibility, a In a display she noted the holes in coverage along Route 2511 fur building and vehicle coverage used by consumers, which was the coverage they are trving to provide_ In stm-et coverage it basically means that they will have to be standing outside their vehicle or out of the hailding on the street in order to get a signal. In a %matI area along Route 250 there are three holes that they are covering, With this tower being, built they will gain significant coverage so that Route k50 is fully covered in buildings and vehicles, They also cover roads that arc primarily residential along ensville and Morgantown Roads as well as Martha's Way. Even on Dwensville Road and along the first part c Mlorgaatown Road th re is limited to no coverage for AT&T. a Shc spoke specifically to how% this location was chowri. AT &T always first lacks to othcr buildings that are alrcadv built or other Lowers in the area. In this particular circumstance there was nothing that worked to rover the area. They appmached St. Paul's Church with a request. to cxrlcit:ate as they have an Jntelos facility in their steeple. Unfortunately, there was not enough room for AT&T to locate* ew4uipmenI in the building. Therefore, the church was not willing ui let AT&T go in their church facilities. The next best option was this projwrty� They ted this propenN meets all of the requirements, provides their coverage and is a good option_ They certainly looked first at buildings iri other areas. ■ In addressing Staff's concerns regarding tree protection they will provide an arborist's report_ There was a suggesti€rn that a Rod Cedar could he tised instead of the proposed L.cyland Cypn.s, which they are amendable to. She suggested that Holiv or something similar might ward. They' are open to the ARB's suggestions. She stressed that the technology does not allow• for towers to be invisihle and they feel that this site is as mitigated as it possibly could be. She would be happy to answer questions. Ml r. Lebo asked stag" if the base of the tower is far enough back so that it will not be visible from the road. Mr. Nelson replied that the base or ground equipment would not lx visible From the T-vud. AI.BFMARI.P CrstPN- Y ARCIirrEC"1'LlR L RE- V[E%1' kx[ APT) - VAG1 3 3-15 -2010 FrNA1.MINMS Mr, Daggett invitud puhlic comment. Jirtt Soffit, resident of 3854 Morgantown hood. noted that lie appreciate what Ms. Carmichael said about trying their hest to mitigatt the scope of the lower. In order to keep this brief he would speak ror a number of his neighbors who were unanimotz in apposition us this project on several grounds. They have collected a number of signatures from Coultty resident-, con"med shout this since this tower request is not limited to just the intermediate neighbors, They certainly fee shat Lire proposed monopole wou Id be a very bad idea and mcommended its rejection for the following reasons. I,. The first is what they see before the A They have their own photographs taken during the balloon test at both the 69' and 63' height, which de,nonstmw that this is going to be n radical change in the sight lines part icularly f om the western approach on haute 250. but al w from the neigh horhmid. Fie felt that speaks for itself in terms of the impact that this is going to place along the Scenic Route 30 Corridor. 2. The othcr issue is in regards to the houses being concentrated very c la -gely along Morganto }vet Road, Both Mr. Gfton's and his property share the driveway with Ms. Singleton at 2856 orgatttown Road. The lower is pretty close iri the middle of a residential neighborhood and not something that is simply removed as one is driving in along Route 250. 'While the base itself may not be visible further off; it would certainly be visible in the winter months tram 28511. fnim his upstairs and the Gibson property_ During the summer Virginia Power did some pruning along the mad that removed a lot of the vegetation that covered up tilt drivmny to 2856. That is the area when the main power lines run up to the back of the home and along Morgantown hood. This created a thinacd out look in that area prior to the balloon tests. 3. Generally from an architectural standpoint this is a histo6c neighborhood where all of the immediate houses across Ivy Dcpot Road and along Morgantown Road. except Iwo. were all built before 1900. Owners such as himself take enormous pains in compliance with the County's recommendation that he received when he purchased the house to keep the property original and to spend a great deal ofcwe in maintaining the historic nature orthe Village of Ivy. To place this type of tower dead center in not only any residential district, but one of this agc. is someLhing the-, think is a terrible idea. For those remsens and the sight litres they oppose the request. Trevor Gibson, resident or2853 Morgantown Read, said that he moved in about a month ago and found this request very surprising. He passed out photagraphs taken froirf his hotj,*e from various rooms. This is a residential neighborhood and not a commercial area. The lots are enc and two acre Io s. The tower location simulation is nic o;, but they all know Ill ai in the spring, winter and fall there is no vegetation on the trees. Them is only vegetation can the tree; ror about seven months of the year and not nine or Wn months. ne proposed lower location is in the middle of the residential neighborhnod and would have negative effects. The tower will be considerably visible from everywhere in his yard and from many other places along Route 250 including the Duner Restaurant, Ms, Singleton does not live on the property. He would not talk about diminished property value. Jbe proposed monopcile would have a significant impact on sight lines. visibility and the history- of the ncluliborhood. Bringing the cite out to the Ivy area is very frustrating. AT&f may have some issues along that way, but they do have same coverage because his father has been out there and does have some coverage. He and most of his neighbors fire on other networks. In conclusion. lie opposed this tower. Amy Viligente. resident (if 2930 Morgantown Road, said she had AT&T. She has been monitoring the coverage and occasionally drops coverage under (lie raiiroad track. Site has coverage at this paint and on I%- drops coverage occasionally. It is not as bad as the simulation showed, AI.BFMAR I F {t7d rWT Y Ar #CI I k I'EC °I,LIIRAL Iti�v ivw BoARL) - PAUL a 3- 15 -2 010 FTNAI- ItINUT£S There being no further public comment, Mr. Daggett closed the public hearing to bring the matter before the ARB, Hoard Discussion: Mr. Wright said that Ise understood the views from the homes From looking at the pictures, But. IegaIly he is not allowed to use those in his consideration and can only consider the view% on the Envance Corridor. The view going west coating into Ivy on Route 250 is a long view and will be seen for quite some time, Deferring to two photographs provided, he noted that long view is what made it unacceptable. If it were just a brief view for a second or two. he could understand it- l le had not seen a cell tower in s long tithe that is this prominent visually for such a long period of time. The view coshing into Ivy is prominciii for a long period of time. He would be able to see this hzemlly for 30 to 40 seconds, which makes it unacceptable, The base and hove it is seen frorn the neighbors is not unimportant. but it does not override that one view, For that one view he could not sec the ARB °s approval cri` ilie requcst i May - Mn Lebo agreed with Mr. Wright. When hr first saw this application he thought that the tower would just be a few feet above the trees and not be visible for a very long period of time. later seeing the photographs he agreed that this is too large of a project for that arcs. Mr. Wardell noted that one speaker refemd to Ivy as a historic village. He was unav►= of its designation. Ms. Mal iszewski said that it was not a nationally registered district, but it has historic properties in it. She did not know if there are any historic properties in the intermediate area that are individuaIly I isted on the ?National Register list, That also does not mean that thcv would not W eligible if that work had been done. f Mr. Wardell noted that this vwas something, that staff might be able to provide. It would be interesting to we if there was a comprehowive stud car that area in terms of what options they have for providing covesge- He questioned ifthis just happens to be surnebod) that is willing to prox,ide a site. He asked to see a technical study of tiwhal other options they have. He had similar kinds of visual concerns, but was tool �tire that the }. could not be L)vcrcarne. He did riot think; that view is a significantly offensive view in terms of the monopole. He would like to see what other options there are. He asked if the applicant has any information that would help them there. Ms. Carmichael replied that she could briefly address that. GIs mentioned this is a small area of coverage they arc trying to get. So the search ring for whem they try- t {w find locuticros for land owners who are willing is quite smtrl.l in this arcs specifically because of the tap%,rapkv of the area - They approached 5t. Paul's Church. They alma sent letters to 5omc of the adjacent laud owners. She believed Pair_ Soffit did receive one of the letters. Obviously, in this circumstance as goon as the % - find a property that works with a wiI [in g land wkvacr they stop searching. They were the only ones in the area who were a wiping land c,wner. Aga in. because of the topography it is a unique situation where evf= though there are sites acrnss the street on the more cr }mmercial side, it does not work to cover the area. The higher elevation is what helps to cover the three areas. Otherwise. they Nvould have multiple poles in the area, As, Mr. Nelson mentioned the visibility was about 650', which was less than ten seconds where the monopole is seers at the view he was coneerned with. Obviously, the monopole is visible at the bottom at the Exxon StILLitsn. But, it is a short period of time when going the speed limit along that road. She asked that the ARB keep that in mind. ALBS MARL. EC Ot1NT Y ARCH ETECTURALREVIE.WtiL}AkD- PAOLS 3L- 115-2010 FINAL MINLI RTES Mr. Lebo noted that some 0 the neigh hors reported that if they had Verizon or other users that they scan to have a strong* signal. He asked if AT&T might be abler to rent a portion of one cal" the other provider's cell tower so they w(w[d not need an extra one. Ms. Carmichael replied that the engineers looked at shat at the very beginning- There is no tovver in the area that AT&T could co- locate on that would get the signal strengths to the area that they were Looking at. Just hrcause Veri7m coverage gets to Route 350 their signal strength might be able to reach longer than what AT &T's signal would. There is nothing in the area to co- locate on in order for AT &T to fill those three holes. The simulation provided for the propagation maps showed the coverage, althout it had heen mentioned that there arc certain areas that do drop the: call such a0 ,ip=ifically underneath the bridge. Those are definitely hNes. The informanon provided as to where the holes are is actual information and not simulated information. They am trying to provide reliable coverage whcrc someone: does not drop a cal I. That is the whole point. Mn Va'ardell said the most offensive component', of this are components that they don't have under their jurisdiction. The view from 50 lie did not find &% a terribly off'ertsive viemr. If it were a historic district and they had some contral in the historic district, he finds the small views in the introduction of this kind of faciIity into this nei gh horhood more problernatie than the view of the monopole from the sky line out on the street, But. the ARB does not have that jurisdiction, The frustrating thing in this is when he sees their photographs of what it does to the netighboncm-,d he feels that it is really nasty. When he secs the view from the highway it is only ten seconds of that which he dues not find overly sitTensive. Unfortunately. the most distress that xhis installation would create is sornethittia that the AkB does not have a jurisdiction ever. Mr. Wright felt that the view for ten seconds is wildly optimistic traveling, at regular speeds ten the road_ Fie fell that it was a much longer vies+- than that. This tower would be significantly higher above the trees than an} thing the ARB has approoved in a teumber of years. It ems to make a mockery of the tent foot rule. It is ten foot on one side, but it is not ten foot on the side that chatters. With the view frxim the Entraom Corridor being his purview, he left that it was going io be eery hard to tell the, next person yes that they just did it in this case. He also thinks that a lot of time they haver hear if they dropped this down to a level at which it would conform to what they look at in terms ear tree tops. He asked if it would be 80 percent. 60 prrLen1 or 50 percent of what they are looking for. It is not his job to make sure that they have 100 percent of the signal that they are looking roe. It is his job to protect the view first and foremost. I It has approved a number Dfthese towers_ In fact, they automated this project so they ►would not have to do this. But, this, request was kicked out of that process for excellent reasons that are substantiated h photos and by staff. Mr. V4 ardel I nr led that ht: his on] y been on the board for a short period of time. He asked if this is in tact si gn i fican fly a worse condition bran ethers that have come throt _a before. Ms, Nlaliszewski replied that there are very few if any that staff has brought to the ARB and not recommended approval of or approval with conditions. Therefore, she would say yes. Mr_ Nil lsan noted fliat there is one thing that makes this a little bit different, which is the orientation of the view. One dews not have to look to the left or right.. which has been the case a 1114mNr 41 times bef< +re. Mr. Daggett pointed out that during his time on the board it has been the case where h has not been is the major sI0l f line of the road, or if it is it was trapped in the visual clutter of the trees. I. le agreed with Mr, Wright that hccau5c or the way one enters Ivor and the prominence of this vtow the fact drat it is dead center and sticks out from the trees as far Ls it is that even at 4' there was no rnateriat difference. He agreed this particular location is net one chat this County needs to encourage for its Lntrance Corridors. AC_BEMARLE COUNTY ARCHrrFC ' n)R. t_REVIF- WRO.+M)- pAQL6 ,3- IS:QCO FV%A.LMNU'F'E5 T1tcrr wi11 be other locations as they have to Itxik- for if this dne5 not pass. Hilt the idea is to place these in a location where iT is not visually disturbing along the Entrance Corridnr. It might be measured at ten seconds, but if one gets the slightest stop in traffic they could be lining there looking at it for quite some time. Given what he has seen and the experience that they have had in tower locations normally being off to the We so zltat one almost has to strain to find them. he opposed the request. Motion: Mr. Wright moved for denial of the Certificate of Appropriateness for APB- ?410 -0 . Singleton (AT&T) Filial Revie3�, o r a Site i vekipment flan. n Lebo seconded the motiort. The motion carried by a vote of 4:0. (M inset ahsent) r. 6aiohu pointed out that he was the planner for this project and just wanted to let the neighbors know that the request wiII be going to the Planning Commission on April 0. OTHER BUSINESS Discussion of tree issues: n- siIchif7 site protection Gireg. Kamptner, Assistant County Attorney, discussed off -site tree issues with the ARB. Mr. Kampmer reviewed the EC" Guidelines that pemin to trees and surrounding chaltactcr and the parts of the EC section of the zoning ordinance that relate: to landscape and buffering. ft was clarified that grading and buffering in ax proposed development can be addressed by the ARB if maintaining the character of the corridor requires it. EC ZTA: Update Staff updated the ARB on the status of'the EC zoning text amendment, noting that the l3DS asked to have the categories of the county -wide Certificates added to the L,exi of the ordinance, and indiuming that staff "Mild bring to the April 5 AR13 meeting, some proposed revisions LO the list of eategorkN and to the henchma&% the AItB previously recommended for those Cerdficaltes. Staff further noted that they would be working on a mfomiatting of the EC Guidelines to mnumber the t"t for easier reference in staff reports and at meetings. Staff Reports: Email to ARB? Staff asked the ARB if they would like to have staff reports sent to thcm vial email. Mr. LeW and Mr. Wright said they did not require tie email version. Mr. Daggen and Mr, Wardell said they would like to have the reports emailed. Mr. Wright suggested that the staff reports be made avai.14bie on line at the County's website, Sion Handout: Stab' presented a handout including twelve photos of freestanding signs in the Entmoce Con-idors to he used as exam fries of designs approved in [lie ARB, In consensus, the ARB made the following comments: 1. A] 1 of the iniarges need cxplanalton- captions. especially the Southland sign. '_ Remove the McDonald's sign. 3. Because they are similar, r:hmiw the Riverside or Holly Memorial gardens sign, and removc the Hess sign. ALBEMARLEC04NTY ARCH FIT�C" PRAl.klN 10ARV- FAUE7 3- I5-2GiI FINAL MINUTES i. Becaus; they are Simi la r. choose the dams Teeter sign or the Chrysler sign. 5. The animal hospital, BMW' and Village Green signs are good examples. 6. The lack of planting at the bases is troublesome. 7. filenwood isn't complete. S- The Wachovia sign 1no6 atimere- Brawmville Fence: Security Fence Regarding the proposed security fence around the basketball court at Brownsville Elernentan', the APB confirmed that the proposed fence without the tap rail in the darker &Preen color would be acceptable. Approval or minutem: January 19, 2010 and February 16, 2010, Motion: M r. Lebo moved for approval of the rninuies of January l9, 2010 and February 16. 2010 as submitted. Mr. Wright seconded the motion. The motion carried by a vote of 4:0, 01ber issues from the Board: 1. Mr. Lebo noted that the Sam's Club roiling had been repainted. 2. Mr, V4+right noted that the utility enclosures at the Shop% at Rio Road still were not revised to meet the ARB's approved design, lie also noted that ane enclosure is left open a signi Nan t amcsunt of time. 3. Mr. bright suggested that ordinance u pdaw, he conveyed by email rather than in hard copies. Next ARII Meeting. April 5. 2010 ADJOURNMMN"C The meeting was adjourned at 2:27 p.m. to the nest AR$ meetipig on April 5. 2010 in Room 241, Second Floor. County Office Building at 1.00 p.m. Bil l Daggett. Vice Chairman (Recorded and transcrihed by Sharon C. Taylor, Clerk- to Planning Commission &r Planning Boards) AI,BF.MARI,F C'MNTY ARGI IP1'Lt't'URAI-UVILW l3VAKI) - P.1U S 3 -15 -21010 FINAL MIA ES ARCHITECTURAL REVIEW BOARD MINUTES M y 3, 2010 The Albemarlc County Architectural Review Board met an Tuesday. May 3. 20 10. 1:40 g.ni., Room ii 241, Second Floor. County Office Building, Charlottesville, Virginia. Those members present were Bill Daggett, Dice Chair, Charles T. Lebo. Bruce Wardell and Fred Missel, Chairman. Paul Wright was absent. Mr. Wardell arrived at 1:03 p.m. Staff members present were Margaret Mal iszewski and Brent Nelson. CALL TO ORDER Mr. Missel cWted the meeting to order at 1:40 p.m. and established a quonim. PUBLIC CQ14fi1VENT MT. Missel invited public comment. 'There being no public comment, the meeting rooved to the next item. REGULAR REVIEW ITEMS ARB 241{1 -U2: Singleton (AT&T) - Preliminary review of a Site Development Plan — (Tax Map 58A1. Parcel 401 -1) Proposal: To construct a treetop personal - ,vireless service facility with a height of 10' above the reference tree. Brent Nelson summarized the staff report. The applicant proposes to establish a telecommunications facility consisting of a proposed steel monopole painted Java brnAn 69 ' tall. %vith a height 10' above the top of the 11" caliper Ash reference tree in a 24' x 30' lease arcs located on a parcel adjoining the north side of Morgantown Road approximately 6W' southwest of the intersection with Route 250 West. The lease area is heavily wooded and situated approximately 65' above and 300' south of the Routs 250 right- of -way. Balloon tests for this proposal were conducted on February 14, 2414 and February 23. The results of both tests were presented to the Al R at the Hardy 15, 010 review, 'The Board, by a vote of 4:0. denied the request. On March 19, the applicant requested an appeal of the ARR's decision. An April 5. 2010 letter submitted t�y the applicant in support of the appeal referenced another balloon test (conducted un March 31) which staff hW not been invited to view and at which the balloon -was flown from a new location approximately 115' northwest of the proposed monopole location. With that new information it became evident that the location from which the balloon was fln n in February was also not the proposed monopole location, but appraximately 14' east of the monopole. In each of these tests, it was overhead tree branches at the location of the monopole that did not permit a balloon launch directly from the monopole location. The applicant's April letter states that the launch location for the March test more accurately represents the proposed location of the mortupule as dewed from the ALBEMARLF COUNTY ARC'INTFURPRAL REVIEW BOARD - FAG€ I Attachment E $-3--2010 FINAL MPAn ES westbound lane of Route 250 while descending into Lhc Village of Ivy. That view was the problematic view in the ARB*s prcvinus review of the proposal. Staff explained to the applicant that it would not he useful or efficient to present information to the Board of supervisors that the ARB had not yet reviewed. so the applicant agreed to conduct another balloon test that could be attended by staff. using the March 31 balloon location. That test was performed on April 16 and was attended by stag. Due to existing overhead branches the balloon was launched from a location approximately 13.5" northwest of the monopole location and to the height of the monopole 10' above the reference tree. The balloon was highly visible, sky lit and oriented directly in front Of the viewer while descending the hill for a dis=Cc of approximately 350' westbound into Tvy. The halloori was visible in the vicinity of three evergreen trees. which appear to the left and riphi of the balloon and which did not provide a wooded ba4 drop for the balloon. The balloon continued to be visible but to a lesser degree for another 300" while westbound on Route 250, 0 The balloon test did not replicate the balloon location shown in the appiicant's photo renderings from their March 31 test due to the brew conditions that day with the balloon consistently appearing to the right. or north. of the location in the photo renderings. The balloon was not visible from points along 20 west of the site and the balloon's visibility from paints along 250 adjacent to this site were sufficiently mitigated by the wooded area between the site and the Entranoc Corridor just as in the February balWn test. The lease area and the ground equipment are not expected to be visible from the orridor- a Due to the inability+ to reproduce the March 31" test results it was suggested that the applicant provide a drawing demonstrating that the balloon location and the resulting photo rendering was based upon the launch location witnessed by stag' on April 1 Oh and that it was a more accurate representation of the view of the -monopole from the westbound lame of route 250. the view that was problematic for the ATM's previous review. That drawing was provided., it shows the launch locations used for the February, March and April tests, the proposed monopole location and two evergreen trees that appear to the left and right of the balloon in the field and in the photo renderings. Those trees are located to the east of the proposed monopole and are cuff -site. The drawing does appear to vcri#y that the balloon location shown in the photo renderings is an accurate representation of the view of the proposed monopole location viewed while traveling westbound into Ivy. 0 The applicant rnaintaitts that visibility of the propnscd facility is sufficiently mitigated due to its proximity to existing evergreen trees that appear to be ofd site evergreen trees located can the Sofka property, 2850 Morgantown Ruud, exist of the proposed site, Whereas. the applicant's photo rendering does demonstrate that the monopole would rise between two of these trees. helping to reduce the pale's not iceahiIity, the small number of trees and their off-site location is an issue. Typically, off-site vegetation is not relied upon for mitigation of a proposed development in an Entrance Corridor due to the lack or control over off -site resources. However, the ARB has given consideration to off- -site screening for wireless proposals whtm the number of uses was significantly larger, cresting larger masses of tree canopy and typically an adequate wooded backdrop. This proposal has no wooded backdrop as viewed from the route 250 West hill and the mitigation for this view is provided by only two or three off -site trees_ The Entrance Corridor guidelines specific to this review and how they am addmssed in the proposal are listed in your report. AU1,LMARU CX)U NTY ARCHFI- ECTLRAL RFV M % DOARD - PAGE 2 �5- 1-2010 FFNA - M INLnT S ■ Staff cannot support the proposed monopole due t4) the degree of visibility as the viewer descends westbound into Iv-v and due to the lack of on -site mitigation_ Should this application be approved as currently proposed the issues relating to grading and tree protect Ian listed in your report should be addressed. a Staff reviewed the trtaterials on display, which included drawings. photographs and photo simulations of the various balloon tests. Mr. Missel invited questions from the AM He asked for clarification regarding the photographs and photo simulations that correspanded to the March 31" balloon test and which photogmphs represented the most accurate view from the westbound lame leading! into Ivy. Mr. Nelson provided clarification regarding the photographs and photo simulations and indicated that the photograph -, and photo ,irn uIations frara the March 3 i' test appear to represent the most accurate view. Mr, M issel asked if the reason this view watt chosen is due to this being the most significant view of the monopole. Mr. Ni lson replied that is correct. The monopole is not visible west of the site on Route ?a {} and is sufficiently mitigated frorn the section of Route 250 adjacent to the site, as demonstrated by they photo taken from Duner's Restaurant. Mr. Lebo stated that he viewed the balloon test and ashen who else did. Mr. Daggett indicated that he also viewed the balloon test. Mr. Missel invited the applicant to address the ARB. Applicant Presentation: Kathryn Carmichael, with Williams Mullen representing AT&T, presented a Power -Point presen1ati0D. She noted that her colleague, Valerie long. was present. She thanked the A> B for reviewing the application in light of the additional information they have provided. • She started out with a big picture overview with a now on why these facilities are treated within Albemarle County not as utilities, but treated separately as a wireless facility subject to the Wireless Policy and the Wireless Ordinance in the County Code. The standard applied in the staff report by the ARB is incorrect in that they applied the standards to review a utility rmd not the standards of the Wireless Policy. + The County Board of Supervisors. when they adopted the Wireless Policy, it was lased an the fact that wireless fatalities could not be made invisible, wbich is why the Wireless Policy spews of mitigating the view. limiting the visibility and not making facilities invisible. The way you mitigate the visibilin, is through design and siting. ■ Referencing a photo, she stated that Albemarle County made a policy decision that they wanted towers to be painted broom. f1wh mounted, treetop facilities, narrow at the top, and be no taller than 10' above the reference tree so as to avoid things like this. 1r1 numerous locations in the Wireless Policy it references nvnimizing visibility for facilities where limited visibility is encouraged and that the Count} wnuld approve those applications that comply with the adopted plan -s policies and ordinance and deny those AWEMARLE COLr.\- Y ARCHrfWrURAL REVIEW BOARD - PAGE 3 5-3- 201i1 f NALMINUWS that don't. The R.B's role is to confin n that the application before them meets the design criteria, which this application does, i Numerous balloon tests were conducted on this site. The first two halloort tests were in Match. "ose photo simulations were provided at the first hearing,. During the last hearing there was one viev -point that was the most discussed because that is the one view where you can see the very top of the tower. [n the rest of the views from the 1r'ntrance Corridor, you actually cannot see the tower. As a result of this one view that the ARB decided to focus on. AT&T met and reevaluated the coverage objective area. During that time they noted that the balloon location because of the tree coverage over the proposed tower area, they had to fly the balloon ofd' to the side. It was noted that off to the side view, which was 14' off. could have had an impact on the actual perspective from the pbuto simulations that they provided. As a result, for their own purposes to see if it had any impact at all. on March 31 they flew the balloon at the more accurate location to provide a more accurate perspective from the Lntrance Corridor_ To their surprise cvcn a small shift in the location provided a change in the simulation. vdth the tower getting closer to the adjacent pine trees. • At Brent's rccommendation they provided an exhibit that showed ca rnera location 41. which is the furthest to the right, about 1,500' away from the actual tower location. Camera location :1 is from the first balloon test done in ?larch. Camera location 42 is basically where the second photo simulation is from, which is about 1.200' away from the site. Thev think the trees that you arc seeing. the pine trees that arm lactated near the top of the tower. are the ones on the Sofa property. They did not go on the Sofka property to confirm that those are the tree. but they believe those are the pine trees that are of question. It is a heavily wooded area. Thcre are significant other trees in the area as well as on the applicant's property. • The previous simulated view from 250 is, again. fmrn about 1.500' away from the tower. The next view is when they moved for a more accurate perspective. The very top of the tower is the only part that is visible. and it is visible for a very short period of time. She took a video of the location %%rith the last balloon test to show that the balloon was only visible for about nine seconds. Unfortunately, they had some technical difficulties and she wa-� not able to shove the video. She emphasized that it was a very short period of time. less than ninc seconds. and that only the very top of the tower is visible. Them was more than 50' of the tower mitigated by significant tree cover that is located both on and off nfthe app4cant's property. To address the staff' report i sucs - first the wireless facility is not a utility. The applicants are tasked with minunizing and mitigating the impact, which they have done through careful design, siting, and location. This is not new development and they are not required to comply with historic architecture. This application complies with the design guidelines that are listed in the Wireless Policy =d the Wireless Ordinance. The proposed development is sensitive to the existing landscape in that it is a tree top facility no higher than 10' above the refercnee tree. It is painted bromm. has flush-mounted antenna and only 18" diameter at the very top of the pole. Again. it is only the very top of the pole that is even visible from that one vantage point. Applying the standards in the staff' report, no %�itclew facility arould ever he approved. The monopole does riot significantly alter the vista of this area. • She reminded the ARE again what the Wireless Policy indicates as visually intrusive guy towers, shiny metal poles. and facilities as shown at the beginning, of the presentation ALBEMARLE Ct UKTY ARCHrrECTL RAL REVLEW BOARD - PAGF a 5-3- 201UFTNALMINUTES that would he visually intrusive and substantially alter the vism A flush mounted tree top brown facility is not visually intrusive. • Another point made by staff is that the applicant is relying on two or three pine trees located off the site for mitigation. This point is actually inaccurate in that there are over 30 trc�s on the property in the surrounding 200' of the site that were surveyed and in the plan provided. Again, it is only the very top part of the pole that is near the pine trees. The rest of the entire pole is mitigated through trees that are located on site. • To summadw, as was recognized by the County{ early on, wireless facilities cannot remain invisible. Antennas must be visible at the top of the pole and extend above the height of the trees in order for the signal to be effective, The way wireless works is that the igmal has to bounce off of the other antennas in the area, So in order for the facility to work they have tU be able to communicate with the adjacent facilities. Failure to have a tower have its antennas visible renders it entirely useless and prevents the federal right of wireless carriers to provide coverage. They can't male them all invisible and cannot always make them as well hidden as they have %ith other AT&T sites. It is a matter cif relative visibility. • The application is entirely compatible with the Entrance Corridor and is sensitive to the landscape in that it is a brown pole with limited diameter. flush mounted witenna and within a forest of trees. Compared to all the other telephone pales, sip ge and the railroad bridge right next to the road, which are not screened at all by trees. and the relative short distance that this monopole is .;isible along 250, which is nine seconds While driving the speed limit, the limited visibility is mitigated by its design. The vantage point that they are focusing on here is the very trap of the facility that is visible, Again, that has to be visible in order for This tower to work. The ARB Design 0Llidelines do not contain any provisions which prohibit a wireless facility from being visible from straight on or for any period of time from the Entrance Corridor. She offered to answer any questions and expressed appreciation for the ,B "s consideration of this application. Mr. Missel invited questions. Mr. Daggett rioted that in March the question was asked if there "rem other sites that had been considered. He recalled that the answer w, that once they found a willing prcperty o Amer their search stopped. He asked if [here was still a potential there that there are other sites available other than this site. iuis_ Carmichael replied that the answer back them was they did look at other sites. Thcy always look at co- location on ether buildings. They looked at a church and althougb there was an antenna in the church they were not able to fit within dial steeple. So thev ended up at this location. When they went back to reevaluate to look at this balloon test and decided to do one in another location. they did look at other possibiRtics in the area. This is the site that provides the best coverage as the most minimized visibility that will pmvide the reliable coverage, that is required along 250. Mr. Daggctt noted that he felt that was important for Nis`. Missel to hear that answer. Mr. Wardell reiterated that Qw said it provides the best performance and it is the least visible of the other sites that they considered. He asked if that was what she said. ALHEMAR{t.E COUNTY ARCH tTt:C7l k3 L REVIEW BOARD - PACI S 5-34010 FWAL MINI rFB Ails. Long clarified that there are a numbs zr of other locations where it might work and where there is probably adequate tree screening, but the land owners were not willing to enter into a lease agreement. It is a challenge to find a site that meets all of the necessanr criteri a and works to provide the coverage they need or to have the, necessary tree scr ning and an existing access road that does not require cutting down trees. The way the process works is that AT&T has a site acquisition specialist similar to a real estate agent who goes out and looks at maps to try to identify, areas where it might work. The site Inquisition specialist identifies the area on aerial photographs. Then letters are sent, phonc calls rnade and personal visits to land owners to make proposals. Often they might go to 15 or 20 land owners and only 2 or 3 will be interested. Therefore, they work with those 2 or 3 to figure out which is the best location that provide the hest options from a zoning perspective, engineering perspective. screening and so forth. Of those willing land owners they were able to work with this is the one that provided the best out of all of thee. The church would have been a wonderful opportunity if there was room in their steeple which there wasn't. We even approached them about having a treetop facility, like this in the woods behind the church which might have provided better screening. We don't know because they would not even let us come out and do a quick simulation. Noting that they'd seen the shifting of the balloon 1W one dirmtion or the other, MT. Missel asked if there might be a location either within the lease area or somewhere on the parcel that might be 10' to the tight or left that would be hidden by the evergreen tree and ther rom less visible. Ms. Carmichael replied that they have to stay within the confined restriction area from that reference tree. Based on their analysis there are no other likely locations that would be any better. Thev have to make sure it stays rear the reference tree. Ms. Long noted that they went through a reanalysis after the March ARB meeting and denial, pulled out the plans and revisited the site to sec if there was anywhere they could move this. Could they move it a few feet so that it would be behind the pine tree? if it was behind the Pine tree it probably will not work. if the antennas can't been seen from 250 it is not going to roach a car or person that is driving along 250. That is a critical element_ It has to be visible and have a line of sight. She noted that they were restricted by the power lives. critical slopes in the back of the site and setbacks from adiactV properties. They cannot cross the power Iines with the cranes and other equipment required to construct this proposal. They also tried to stay away from the residences and meet the setbacks. Mr. Wardell asked if Iocatians ether than St. Paul's Chu rch had been explored. Ms. Long indicated they had looked at a number of other locations but none o then Ilad willing land owners. It is a challenge, This is a difficult hole in coverage to till. Because the monopole is only visible from this one location for such a short period of time in one direetion they fell they could mitigate the visibility as long as the pole is brown and met all of the design requirements of the Wireless Policy, They felt it w-as a site worth pursuing even though it did not have a wooded backdrop. It wuld be seen for 9 seconds while westlxmnd into ivy. It could be seen from Duner's only in the winter ALUE&tAkU COLiNT -F ARCfin- ECTURAL RFV3FW RDARi]. PAGE d 5-3-' =414 FINAL MINUFLS months. They feel that in totality it is a site worth pursuing. Tlicy feel very strongly that the site meets the design criteria of the Wireless Ordinance. As Ms. Carmichael said. if all sites have to be invisible no site would ever be approved because they can't Function that way. It is a standard that is not realistic for this type of technology. it is not the standard that the Wireless Policy contemplates being a part of. Mr, Missel asked staff to answer a question. It was mentioned about a utility rather than a v&-ireless policy and also confusion about mitigation rather than risibility. He asked staff to speak a little about that in terms of how they communicated that in the staff report and how they should focus on those issues, Mr. Nelson replied that the Wireless Policy speaks about mitigating the appearance of the facility. Staff believes that adequate wended backdrop is one of the primary reasons that you get mitigation in a facility. They lack any backdrop in this view under discussion here today. It is not sufficiently mitigated. in staffs view. in appearance. Mr. Missel reiterated from staff -s standpoint it is not an issue of being invisible, but it is an issue of judging. mitigation. Mir, Nelson replied yes, for that portion of the !facility. Mr. Wardell naked if staff has access to the language of the ordi.n=e that covers the telecommunication facilities. That is important heause of the reference cited in the staff report. The Entrance Corridor Guidelines state that mechanical equipment and above ground utilities should be screened to eliminate visibility from the Emtrancei Corridor. He asked what the ordinance says that covem telecommunications. VCs. Maliswski noted that the 'wireless Policy talks about the degree of visibility. The Entrance Corridor Guidelines do say eliminatc visibility, but the AR$ has never applied that and Chat is not what is being suggested here. There are dozens of wireless applications that the . ARB has considered and they never said that it has to be invisible. The A B has always taken into consideration the fact that the policy is trying to gO COT monopoles rather than the really tall ones. ones that are trecrtop sites. As Brent Nelson suggested, the wooded backdrop often helps with that mitigation. What they are saying here is the degree of visibility is not sufficiently mitigated in this case at the top of that hill going down into Ivy. Mr. Wardell asked for reference if it would be passible to pull up the language of the Wireless Ordinance that talks about. visibility. Ms. Long replied that in the Personal Wireless Service Facilities Policy that was adopted by the Board of Supervisors in ' 0GO there are numerous references throughout in terms of mitigation. On page 60. it says a personal wireless service facility that scorers high in the visibility sole need nest he rejected i f the visual impact can be mitigated in one of the following Ways. • The first is camouflage. which requires minimal changes to the frost structure that is often described in the context of what they call ca- location. That would be attaching it inside a church steeple or to a water tank, for instance, or changes to the host structure or the wireless facility site setting to accommodate the wireless smic:u facility. Treetop towers AL13EMARJ -E COUNTY ARCHITECTI FRA G R 1 -V iV VY WAR 13 - PACA r 5- 3- 2010FiNAL M1NL'TF5 are a form of camouflage. It talks about other methods as well. It talks about concealment within the side of a structure, like a church steeple or disguise to change the appearance. Treetop Cowers are a form of camouflaging a facility so even if it is visible it is not excessively- visible. It is not like some of the earlier slides of a giant 200' tower 50' to 100' above the taps of the trees and helps it blend in. It is all about the design. Throughout this policy it discusses the fact that they can't be invisible in all arses. So you l we to mitigate the visibility in some fashion. "Treetop towers are one way. It talks a lot about the design standards. such as to make sure it is a brown pole with the cables inside with flush mowited antennas being no tinier than 10' above the reference tree, Soo they meet all of those criteria. • The Wireless Ordinance itself is in Section 5.1.40 of the Zoning Ordinance. That makes these wireless facilities essentially a by -tight propo,4 in ever} zoning district ; long as they nneet the design criteria, the things she's mentiona plus some others. One is to make sure that the trees appropriately screen the facility- Anothcr is to make sure to meet setbacks. Those are the critical ones. They have been working hard to make sure they meet all of those criteria. There is no question that they meet those criteria. It is lust a matter that in their opinion about what the scope of review is here today. * 'Whey contend that the scope is does this facility meet the design criteria in terms of visibility. It is about relative visibility. They think that they have mitigated the visibility primarily thmugh the design cif the structure, but also through its careful siting and location. They put it near the reference tree. When viewed from this one location they can see it for onl color, the wires have to be run inside the pale, it has to he 30" at the base and I and flush - mounted at least 12" in terms of the distance from the pole itself. He looks at all of that and whether the base equipment is visible from any herc else. That is how his review goes. But he has to tell the Priming Commission that the ARB either denied or approved the request. Mr. Lebo asked if the base equipment would not he visible from the Entrance Corridor. and Ives. Maliszewski replied that it would not. Ms. Long clarified that this is called a policY, but it is technictdly a component or piece of the Comprehensive flan. From their perspective it is their "Bible" or guiding document of what they plan and use. The ordinance in Section 5.1.40 is basically implementing this Comprehensive Flan component. She hoped that would help explain the relationship between the two. Ms. Mal iszewski rioted for further c I ari fication that they don't disagree about that at all. What is at issue is that smfl'thinks for that Martian of the view coming dove the Corridor from the top of the hill they don't feel that it is sufficiently mitigated and the applicant does. That is basically what it comes down to. Mr. Missel inNited public comment. Jim Sofka resident of 2550 Morgantown road. passed out two photographs taken from the Febru ' test. He was speaking for himscif and a number of his friends and neighbors in that they were sort of surprised to have this go forward again because it does not appear that much has changed. lie made several points, which he would reiterate for the record: 1. 'This is very high in the skyline and visihte on the Entrance Corridor (Route 250) in their view. 2. It is vety close to adiacent houses in the mi€idle of a residential neighborhood. 3. Most of the houses tha# surround it. except nwo. were built in the lace 191x' century. It is a very historic district in terms of its character. but not formerly an historic district under state I av►r. 4. From his understanding the ARB has full jurisdiction over this because of the Entrance Corridor issues. Mr. So#ka noted that the front of his hmLge is surmunded by four evergreen trees. In the photograph distributed he circled the two Hemlocks which are referred to in the staff report. Those two trees are the highest on the skyline and suffer from a blight that has been killing the trees on the eastern seaboard. At a ;ignifjcanc cost he gets the trees pruned and sprayed amually. The problem is that it is not 100 percent effective. He would hate to lose the trees. The treks are within 15' of the house. If the sprays are ineffective the trees will have to carne down immediately due to the safety issue given the proximity to the structure, lf" the Board wishes they have an open invitation to come and visit the property to view the trees. He would be happy to provide a statement from Ws arburist along with receipts for the treatment of those trees certifying that they are in fact diseased. If those trees are no Ionger there, that is going to makie that pole stared out even more along The skyline. Again. he has no intention of removing them. Renicmbcr this is a 25 year lease and it is very possible that those trees will be gone by the time that lease expires. He asked that his comments from March 15a` be entered into the record. A1- RFMARL.C: COUNTY ARCHITECRTRAL REVIEW HOARD - FAGF 9 Mr. Missel asked if he saw the recent photos. He said he was the April 16 photos. Trevor Gibson. resident of?8 2 Morgantown Road. said that his concern was that there has not been an actual balloon float from the actual location. The reason there has not been a balloon float From the actual Incation is because there is too much tree branch coverage, which is part of the 30 trees, with six trees being alcove the 12' to 15' in [hat imerrrlediate gets. In order to conduct a proper balloon test from this location it is his opinion that the tallest trcc will have to be removed, When they looked over the original balloon test it was noted that it would not be easy- to cut that tree back. The trees in that area are being choked by ivy. The trees are not healthy in that area. Many of the trees are losing branches and dying. As fir. Sofka mentioned most i f the trees in that area are over 100 }Fears old and. unfortunately, many of these trees are starting to die. He reiterated that they have not seen an aecurme balloon test. Iarorn the ball.wn test we were invited to, you can sec that it will be very visible from the Entrance Corridor, He was concerned with the precedent this may set. The windy conditions at the last balloon test made the resullts very inaccxate. He felt that the balloon was visible for more than nine seconds, He oppose the request due to its visibility from the Entrance Corridor. Phil Beaurline, resident of 2962 Morgantown road, submitted photographs. He noted that he was unaware of the last balloon test and was unable to take a picture of it. He pointed out a very accurate overlay of the current vegetation on top of his original photographs # 1 so they could see the effect of some of the vegetation. He noted that was in the 4' above the reference tree and not the 10'. The balloon diameter is about 37. which he had #cased all of his scale representations on. In drawing #2, he noted that the north arrows were not the same a<s the sketch and the aerial photograph. He had to Totate the sketch to match the north arrow of the aerial photograph. and then superimposed the line of sight onto the drawing so they could we how the line of sight relates to the two different balloon test locations. It goes basically right in between them. At the scale as sho"m on that dmwing, it is less than a balloon width dUerence as far as the viewer's point cal" view. The balloon shifted 18" or less given that there was no wind during, the photo ph. He pointed out that the second balloon test really was immaterially different in his opinion. From the problem location, the Entrance Corridor, it is the same. The two balloon tests really are not different. Regarding the point ofaccuracy, looking at the 3131 photo, the balloon test locaflon is slightly south, or to the left, of the point of view line and the alder balloon test is slightly to the north. On the inset drawing. it is the opposite. So somebody screwed up when they transferred the information. The two balloon drawings do not agree. Mr. Missel asked if he was pro or con. He said he opposed the request; it is a had idea. Amy Vigilante, resident of 2930 Morgantown road, said she was surprised they were here again since it was denied last time. They were not invited to the last balloon test. but there appears to not be much of a difference. In the past balloon test the y had it at 61Y, which looks like what they are proposing. When they lowered it to 4' you could see no difference from the Corridor. It was based on the evergreen trees. which appear to be on the Sofka property. She felt that the location could also be seen from other places such as 0vxTnsvillc Road w, well w, 250. and fTorn her neighborhood. It was very close to her neighborhood. She had never received any letters and felt they could find another spot vdth more research_ There being no further public comment. Mr. Wssel closed the public comment to bring the matter before the A RB for discussion. ALBEMARLE COUNTY ARC@nlZM IRA LFtFVIFW BOARD- FACF 10 5 -3 -2010 FINAL MIWTFS Mr. Lebo stated that he didn't attend the First balloon test but he did attend the second balloon test and felt that someone would really have to he looking for the monopole to safe it_ While driving, on route 250 he felt that one would really have a difficult time looking for the monopole because of the traffic and other clutter in the area, There are two gas stations, utility poles with wires. VDOT signs and train tucks. There are so many Other things going on that you would really have to be looking for the monopole. The question is whether monopoles are really that ugly or inappropriate. He felt that was in the eye of the beholder. They arc not as obtrusive a_q the larger poles demonstrated on some of the slides. The monopole was pretty vmll hidden except for the S. 9 or 10' of it. At this time he did not have any problem with the r anvpole based on the fact that there is so much clutter going on in ivy to begin with that you would have to be looking for the rmonopole to find it. Mr. Missel asked how- long he was able Lo sec the balloon, and Mr. Lebo replied that it was visible for nine seconds while he wus driving in his car. Mr. Daggett said that he attended the balloon test. He timed its visibility, for a little longer at around 14 seconds. which was from the time he first caught the balloon in his eye until he almost got down to the bridge when it disappeared in the treetops. The issue is the visibility. While there is a lot to look at, if someone lookod up at this balloon test it was purely sky -] it. Ilow that is wing to look when it is a monopole he did not know. But it was clear that the balloon was slty. lit and it is pretty 1nuch right in the center of the view. Coming down the hill the balloon was almost level when he first saw it. Re had to look up more and more as he drove further dovm the hill but it was visible for a period of time. He thought this was wha# the AL" focused on last time. The applicant acknPwiedged that the ARB focused on this view. Of course. the ARB focused on this view because it is -,kv -I it. He reiterated, as the ARB did in their first discussion, , the issue was what they can judge from the Entrance Corridor. While they appreciate the neighbor's concerns over some Of tJte outer circumstances involved with this. they have to look at it frorn the Entrance Cor6dar only. He found it to be very sky -lit. In his experience on this board everywhere else that they have approved monopoles. and most have been approved pretty easily, they are usually Off to the side of the read and not dead center in the view for any length of time at all. When the monopoles were tuff to the side of the road they are generally in amongst trees to the extent that as one Iooks tip at than there is tree coverage behind them. He thought that this was what struuk hurt about this. Seeing the balloon test in reality in three dimensions and seeing it in photo aphs are two diiferent things. Seeing the balloon test in reality is much clearer. Given the language the ARB has to deal with the question is if it is mitigated. The fact that it is fully sky -lit makes it so that it can't he mitigated. Most, if not all, of the towers the ARB ha.; approved during his tenure have had foliage and aces behind them. The monopoles were not seen sticking up and sky-lit. The ones that were sky -lit. staff always asked that the monopole be brought down so it could be in that camouflage of trees surrounding, and this is not He felt this was inconsistent x %ith what they have previously approved a<s mitigated visibility. AIBEMARLE COUNTY ARCHTM -71AAL REVWSW HOARD - PAGE 11 3- 'k211 1U NNAL M[NVEa Mr. Wardell said during the presentation he looked at this almost ignoring the pine trees. When Jooking at the site plan he felt that the pine trees had to be ignored because of their distance from the site and how little control they have aver that. Once the pine trees are gone what they basically have almost a relatively consistent top of the tree line. This photograph shows the pine trees on either side of the telephone pole. if the pine trees are gone they have a relatively consistent top of the tree line coming across. That is the thing that disturbs him the most. Not knowing much about the engineering of wireless. this little hole in coverage is probably the toughest nut to crack around our region. Ile understands the difficulty they are having in finding a site that actually covers that area. But he was not sure be would feel right depending, on the pure trees and visualizing that treescape without the pine trees. Without those pine trees he thought that it does have a visual interruption of that landscape that he finds excer -6, what would be acceptable. being relatively new he did not know what other scenarios they have or have not approved. He was basin, it on that observation. Mr. Misscl said that he eauld basically understand evI<r}'thing that had beers said. He thanked the public for showing up and speaking to this. It is all very helpful_ He confessed that he did expect a few- members of the public to stand up and say they do business in this area and absolutely need to have coverage and are lined of calls being dropped. They did not hear any of that. That is interesting. He looked at this from the subjective and objective sides. as they do everything else. From the objective side he felt that there are still a lot of gags or questions that are kind of loose. One would be the balloon location. Thcv sec what difference ii means to move the balloon 10" to the right or the left. They still do not have a location that is acttrally right where the pole is going, to be. So he did not know how much difference it A,&,i going to make when the balloon is actually floating in that area. The second issue deals with the conflict on whether ether sites have really been looked at. Inc believed the applicant that they have looked for other sites. He heard at one point that if this one dm,s not Fork there is going to have to be two or three other sines. On other sites they have run into that vvith other pole options as well. They have said drat two or three other prlrelY mitigated sites are better than one that is sky -lit and very unmi#igaied, Another thought lie had that sort of falls under the objective is Dave the changes that have been represented today been significant cnough to really reverse a decision that occurred back in [March. He was not at the meeting and did not have the benefit of that discussion, but what he has read aborxt in the staff report and heard toda }y it seems that the answer to that is no. There really is not amthing, substantially different than what they saw before. One of the things that strengthened that is the angle of the view. Next. the time span of 9 to 14 seconds in a day is not a whole lo( of time, but if it is a very important location and the people arc very interested in their vicwshed and take it very seriously. He sees the point that there are existing unsightly other facilities there, such as sighs, evcryfthing else, utility poles, etc- but they have to look at today and what they are seeing and whether that will contribute to the unsightliness. AMEMARLE COUNn ARCH rMM MALRt:VIFW BOARD - PAGF t2 5 -3- {I10 FINAI MrNVMS Lastly. he agreed with the concepi of this being a uniform line and that having those evergreens was very much unknown. If the height of the tower was somehow lowcT than the evergreens and they were not relying so heavily on those. then they have a reasonable wkv to say that this is either not as backlit as it appears to be or it is mitigated better. The subjective is a shorter list. but he thought that it should be. In this sense he thought that the objective outweighs the suhjective in the fact that it is not being rnitigatcd to the level that it should be. Mr. Wardell asked. ignoring the pine trees, how much higher would the toyer be than the hardwoods immediately adjacent to the tower. Mr. Nelson replied that the tower wmild be 10' above the reference tree, which is the one 25' from it Mr. %Yardell asked if the reftmmctc tree i5 typical of the height of the Lop of those trees. i11 the tree diagram it had 662' Aith the reference tree being at 595% MT, Missel noted that was the ground elevation. Mr. Wardell asked what the top of that was. and M r. Missel replied 652% Mr. Nelson pointed nut the crown elevations of the surrounding trees. Mr. Wardell noted that it was 10' above that. That tree is a participant in the horizon of the top of the trees. Ms. Lang clarified that even during this time the hardwoods were not Ica €ed out. Mr. Sofka's photograph is actually quite helpful. if you look carefully behind the balloon and behind the evergreen trees the limbs of the hardwood trees can be seen and the fact th,t they are not leafed out.. She thought that it demonstrates probable the one that is to the right of the balloons, slightly lower, may well be the reference tree. It is barn to know for sure. There arc trees back there other than the evergreen m-cs. She thought that the evergreen trees may very well black the deciduous trees_ In the sumuner months when these trees are leafed out it wold probably be a hackdmp. 11 may not be a perfect full wooded backdrop. but it would have some trees. There are trees back there. which can lac seen by the limbs of the trees. She clarified the point that it was not entirely sky4it. During the winter months when the trees are not leafed out the trees would not he seers as much, Mr. Daggett noted that about the top ten feet was sky -lit. The reference tree is ten feet below the top of the pole. Ms. Long noted that ever} in this photograph one can see that essentially right bevveen the two circles another deciduous tree is visible by its bmches. Mr. 'Wardell said if that is the reference tree and the balloon is 10' al uve that, then the generic tree line is 15' to 0' bcluw the balloon. ALBUMAR UCUUNTY ARC'HrMC URAL REVIEW BOARD- PAC F. 13 5 =31010 MAL MrN1 ITPS Ms. Long painted out that brings u5 back to the Wireless Policy, which is the goveming rifle. The Wireless Policy permits monopoles to be 7' to 10' above the taps of the trees for that very. reason. The monopoles have to be above the trees in order to function. Mr. Daggett noted that he understood that. ;Iris. Lang said that there were a few comments made during the public comment period that they would l ike an opportunity to respond to if the bowl would allow. There were a few things stated that were not quite true thw they wmted to correct for the record. Mr. Daggett noted or that they would 1ik a to take objection to. Nis. Long rioted that there were a few things that were not quite true that they wanted to clarify for the record. Mr. Missel said sine the public hearing was closed that they would hold off on that. Ms. bang noted that they could possibly submit a letter. Mr. Missel rioted that they have the right to appeal. Motiow Mr. Daggett moved to affirm the vote of the ARB at the Maxh 15, 2010 meeting, to deny the Certificate nf' Approptxateness for A.R.B- 2010 -02, Singleton (AT &T) Final Review of a Site Development Plan. noting that them was not a sufficient amount of information or change in information to warrant a change in the decision. Mr. Missel noted that before the vote ►vim taken he wanted to make sure that staff would provide the additional documents submitted today to the applicant. Mr. Wardell sec ended the motion. The motion carried by a vote of 3 :1. (Mr. Lebo voted no. Mr. W right waS absent. ) OTHER BLSINE S Screening Fenc". Discussion The ARB discussed design criteria for screening fences and made a nu. ber of comments and suggestions regarding materials (vinyl could be an issue), colors, scalelproportions, location. compatibility with the development. the rued for planting. transitions, connection to the building, maintenance!durabilityF. It was suggested that guidelines for screening; fencing should by articulated such that an applicant has a reasonable chance of knowing when they've met the guideline. Staff will draft rnt: guidelines bawd on the conversation and bring the draft back to the ARB for further review. EC ZTA : IDS public hearing May 12, 2010 ALBEMARLE COWN ARCHMCTITRAI. R1:v1 EW DOARD - PACa E 14 5.3.2010 F INALL MINUTES Staff reminded the AR13 that the EC zoning text amendment YmWd be heard by the BO on May 1?. Approval of Minutes: April 6.2009, May 4. 2009. April 4. 2010 and Janumy 4, ?010 Motion: Mr. 1 ardell moved for approval of the Tni notes of April , 2009; May 4, 2009; April 4, 2010 and January 4. 20 10 as submitted. 9r. Daggett seconded the motion. The motion carried by a vote of 4 -0. Sign Roundtable: Staff told the ARR that a roundtable had been scheduled for May 13 to discuss changes to the sign ordinance. Next ARB Fleeting: May 17, ` 010 AlDJOU RNMENT The meeting was adjaut-rmed at :46 p.m. to the next ARB mecting on May 17, 2010 in Roam ?41, Second Floor. County Office Building at l :00 p.m. Fred Missel. Chairman (Recorded and transcribed by Sharon C. Taylor. Clerk to Manning Commission & Planning Boards) ALBEMARLE COIN 7YARCHIi%L'7 RAt_ krVIF W ROAR rA{if. 15 5-3 -2010 FINAL 4 MI'ES A Co" of Albemarle Department of Community Development Memorandum To: Planning C±ommimion From: Mark B. Graham, Director of Comm utaity DevelopmenI Date: ,June l4, 2010 Subject: Si ngletun PWSF. Tier II in corsidering this app ication. I asi: that the Planning Comm issiov note that the appiican( agmed its defer their June 90` appeal of the ARD decision at staff's request. This request to the applicant was made by me after consulting with otherf, with the understanding that the Planning Cam mission could decide to approve or deny this application indepcndent of the A Rl3`s action. With that undcmandin& I believed it would be premature to bring the ARH appeal tv the County Board without the Planning Comm i�ision first having the opportunitfv it) consider the appiication, Subsequent to my request to die applicant to appeal. I was informed that my understanding was wrong and the Planning C=ommission could w approve the application without the ARB first providing approvaI conditiLins for this application. While I disagree with this interpretation. ii appears both myself and the Planning Commission arc ix)und to honor it. J sincerely apatogUe to both the applicant and the Planning Commission for nny confusion or problems this costs have caused. In your deliberations, I huge that the PInnninr C ommission mmy first decide the merits of the applica loin with respect to Sections 5.1,40 a and 5.1.44) d (sectiun,,; 1-11) Ktf the 7Ai ning Ordinance witho01 heiFig prejudiced by the ARB's netinn. If the Planning Commission determines this apps ication would he approve& except for the ARB denial. 1 request that you defer your decision until County Board has the opportunity to consider the ARB appeal and to also direct sta(Fto inform the County Board that the ARA denial is the only reason the Planning C=mission cannot approve the application. In this way, the County Board may consider the AR133 appeal with the understanding that the application would otherwise have been approved. Ori the other hand, if the Planning Commission determines this application does not satisfy the above referenced sections, the Planning Commission must den} the application, As part of that denial, the Planning Commission is required to identify the requirements that were not satisfied and what needs to lac done to satisfy each of those requitements. Assuming the applicant would then appeal this Planning Commission denial, the County Board can then consider tooth the Planning Commission and A R B appeals at their July 10 meeting, Chtce main, I sincerely apologize for the confusion this has caused. Reco izing the planning Commission may have additional yuestionx for me: I wi II make myseIr avai lahle to arguer any questions you may have at this meeting. Attachment F