HomeMy WebLinkAboutSDP201000006 Legacy Document 2010-10-15 (4)WILLIAMS MULLEN
Dircct Dial: 434.951.5701
kcarmichael@williamsmullcn.com
September 7, 2010
VIA HAND DELIVERY
AND ELECTRONIC MAIL
Gerald Gatobu
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902
RE: R.D.P.D. LLC Property / AT &T Wireless Telecommunications Facility
AT &T Site "CV375 — Mill Creek/Snow's Garden Center"
Critical Slopes Waiver Request
Dear Mr. Gatobu:
AT &T is submitting this request to allow disturbance of critical slopes for the installation of the
proposed New Cingular Wireless PCS (AT &T) wireless telecommunications facility.
Overview:
The facility consists of a monopole, a 30 foot by 30 foot lease area with an 11'6" by 20'
equipment shelter mounted on a concrete slab and an additional 180 feet of gravel access road.
These areas (2,418 square feet combined) total 0.06% of the parent parcel (Albemarle County
Tax Map 90 -35). Of this, about 248 square feet (10.25% of the facility's area) are within an area
right at the threshold (within a tenth of a percent) of the county's 25% definition of critical
slopes. There are no proposed areas of disturbance within critical slopes beyond the area of the
telecommunications platform. Construction of the concrete slab and equipment shelter will not
require any significant grading: the concrete slab will be 6" concrete slab foundation atop of
crushed stone.
The areas of critical slopes are identified on the drawings prepared by AllPro Consulting Group,
Inc. dated August 9, 2010 (the "Zoning Drawings "). AT &T will address the five health, safety
and welfare provisions of section 4.2, Chapter 18 of the Albemarle County Zoning Ordinance
below:
Rapid and /or large scale movement of soil and rock
A Professional Corporation
NORTH CAROLINA • VIRGINIA • WASHINGTON, D.C. • L ONDON
321 East Main St., Suite 400 Charlottesville, VA 22902 -3200 Tel: 434.951.5700 Fax: 804.783.6507 or 434.817.0977
www.williamsmullen.com
Attachment C
WILLIAMS MULLEN
Gerald Gatobu
September 7, 2010
Page 2
Construction of the tower equipment platform and access road will not require substantial
grading, but, rather, it will require some minimal fill, gentle smoothing and finish
grading. No blasting or rock removal is proposed or foreseen. The site will be
geologically stabilized with erosion control measures as outlined in the Zoning
Drawings.
These measures include:
1. Silt fences to confine soil and rock within the telecommunications facility and
access road areas; and
2. Soil stabilization blankets and matting at the existing steep slopes.
Permanent stabilization of the disturbed areas will be achieved through finish- grading,
graveling and grassing /vegetation.
Excessive stormwater run -off
Overall, the proposed telecommunications facility is calculated to minimally increase the
site's soil permeability and stormwater runoff. The finished surface of the
telecommunications facility's site will be pervious, consisting of a layer of gravel over a
meshed layer of geo- synthetic fibers that will filter stormwater back into the soil instead
of allowing it to flow off -site. Any excess stormwater runoff will be transported as sheet
flow through the highly permeable soils of the existing vegetated downslope area and
will be quickly absorbed.
Siltation of natural and man -made bodies of water
No existing bodies of water have been identified on the subject parcel. The proposed
telecommunications facility comprises a minute portion of the property, which, the
location of the proposed disturbance, is a substantially undeveloped and stabilized
wooded parcel. The proposed soil compaction, geo - synthetic fiber layer and gravelling
will stabilize the soil at the access road and lease area. This structural stabilization —
combined with the extensive, existing vegetation to remain down slope from the facility —
will ensure that silt will not enter nearby water bodies on adjacent properties.
Loss of aesthetic resource
The telecommunications facility is not located on a critical slope identified on the maps
of the Open Space Plan.
Attachment C
0
WILLIAMS MULLEN
Gerald Gatobu
September 7, 2010
Page 3
The existing aesthetic resources of the subject parcel reside chiefly in the characteristics
of the existing woods and vegetation. There will be no significant loss to these resources.
The majority of the existing woods and vegetation will remain with only three small trees
to be removed for this facility. The existing trees to remain will receive tree protection
during and after construction. The existing tree canopy will provide adequate backdrop
for the tower for views from the.roadway of Avon Street Extended. This
telecommunications facility is located within a small clearing within the wooded parcel.
Greater travel distance of septic effluent
The proposed telecommunications facility will be unmanned, with no septic or plumbing
systems. The concerns of this section are not applicable to this request.
Interpretation of Section 4.2.5(a)(3)
Section 4.2.5(a)(3) allows the Planning Commission to waive the restrictions on disturbing
slopes upon finding the following (in part):
1. A strict application of these provisions would not forward the purposes of the
Zoning Ordinance.
The telecommunications facility is located in a wooded area on the parcel in order to
reduce visibility by using the back drop of trees, but also to remain effective. Its location
in this area requires fewer disturbances to the land and makes the tower less visible from
the surrounding area. Generally, the critical slopes regulations in the Rural Areas are
mainly focused toward ensuring that adequate building sites can be attained for dwellings
or other uses dependent on sewage systems without large- scaled, adverse impacts to
critical slopes. Section 5.1.40(b)(1) states "Notwithstanding section 4.2.3.1 of this
chapter, a facility may be located in an area on a lot or parcel other than a building site."
According to the Zoning Ordinance, therefore, the building site requirements they relate
to critical slopes are not relevant to personal wireless service facilities ( "PWSF's ").
The proposed facility will comply with the requirements for mitigating visual for treetop
PWSF's. This particular site was located within the parent parcel to provide access from
an existing driveway. The subject parcel is located on the side of a large hill and thus,
there are large areas of steep slopes. Although there are portions of the subject parcel
which avoid critical slopes, this would necessitate a longer access road thus disturbing
even more of the subject property's natural topography.
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WILLIAMS M U LLEN
Gerald Gatobu
September 7, 2010
Page 4
Therefore, strict applications of Section 4.2 would not forward the purposes of the
Albemarle County Code or the Personal Wireless Services Facility Policy.
2. Alternatives proposed by the developer or subdivider would satisfy the intent and
purposes of section 4.2 to at least an equivalent degree.
The applicant is proposing to disturb approximately 248 square feet of slopes which are
identified on Albemarle County maps as critical slopes. Of these slopes, it appears from
visually reviewing the site, that some, if not all, of these slopes are man -made during the
development of the subject parcel and not naturally occurring. The alternative to
disturbing these critical slopes identified would include a longer, more intrusive access
way which may not completely avoid all critical slopes. The applicant's proposal of a
disturbance of a very small portion of critical slopes which are located towards the back
of the property in a tree - covered area, does satisfy the intent and purposes of section 4.2
by limiting the majority of the development away from critical slopes areas.
3. Due to its unusual size, topography, shape of the property, location of the property
or other unusual conditions, excluding the proprietary interest of the developer, the
requirements of section 4.2 would effectively prohibit or unreasonably restrict the
use of the property or would result in significant degradation of the site or adjacent
properties.
The portions of the subject parcel which provide tree coverage are located entirely on the
side of a steep hill and thus the entire parcel is a steep slope and portions are critical
slopes. As a result, the telecommunications facility was located on the parcel within trees
to minimize its visibility, off of an existing driveway to reduce the need to clear
vegetation or trees for access, but the facility remains on the side of a steep slope. Thus,
due to the subject parcel's unusual topography the application of the strict requirements
of Section 4.2 would unreasonably restrict the installation of a telecommunications
facility on this subject parcel. The siting of the telecommunications facility was
specifically chosen to have a backdrop of trees and therefore reduce the visibility of the
monopole from the surrounding area.
4. Granting such modification or waiver would serve a public purpose of greater
import than would be served by strict application of section 4.2.
Wireless telecommunications facilities are an important utility for the public to provide
reliable mobile phone coverage for emergency purposes as well as an important utility for
emergency personnel who commonly locate their own equipment on the monopoles. In
Attachment C
WILLIAMS MULLEN
Gerald Gatobu
September 7, 2010
Page 5
this particular instance, the siting of this monopole on the side of a steep hill will provide
the backdrop of trees from most directions thus mitigating potential visual impacts to the
public. Thus, it will enable the public to benefit from the wireless telecommunications
services without the facility having an adverse visual impact. This will further the goals
of the Comprehensive Plan.
Conclusion:
Many of the concerns associated with the disturbance of critical slopes and the criteria for
evaluating a critical slopes waiver are considered and addressed generally through the existing
Personal Wireless Service Facilities Ordinance requirements, such as the requirements for tree
conservation plans, finished grades, and sound construction techniques. The telecommunications
facility is located in a small compound area using a short access road (a portion of which is
existing), and, because of the siting, has a backdrop of trees to reduce visibility. Therefore, we
appreciate your thoughtful consideration in analyzing this particular request for consistency with
the criteria for modifying the critical slopes regulations based on its own merits.
Please contact me if you have any questions or need any additional information.
j Ka s,
t yn M. C chael
cc: Gerry Sharpe, SAI
AllPro Consulting Group, Inc.
80635772 DOC
Attachment C