HomeMy WebLinkAboutSP201000021 Legacy Document 2010-11-11o��OF atg���H
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 2010 -021 Carter's
Staff: Elizabeth Marotta, Senior Planner
Mountain Trail- Verizon Wireless Tier III PWSF
Planning Commission Public Hearing:
Board of Supervisors Hearing:
October 5, 2010
TBD
Owners: Crown Orchard Company
Applicant: Stephen Waller, AICP for D /B /A
Verizon Wireless
Parcel Acreage: 234 +/- acres
By -right use: RA, Rural Areas
Lease Area: 3000 square feet
Existing facility permitted by SP1994 -37
TMP: Tax Map 91, Parcel 28
Special Use Permit pursuant to: Chapter 18
Location: Carters Mountain Trail,
Section 10.2.2(48), which allows for Tier III
approximately 2.41 miles from its intersection
personal wireless facilities in the RA Zoning
with Thomas Jefferson Parkway [Route 53].
District with a special use permit.
(Carters Mountain "tower farm ")
Pursuant to Condition #4 of existing SP 1994-
37, changes to the facility must be brought
back for review.
Magisterial District: Scottsville
Proffers /Conditions: Yes
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: Proposal to modify an existing
Comp. Plan Designation: Rural Area in Rural
Tier III Personal Wireless Service Facility
Area 4.
(PWSF) to replace the two existing
microwave dishes with one of the same
size and one smaller, at increased
heights of 112' and 175'.
Character of Property: Ridgeline developed
Use of Surrounding Properties: A number of
with multiple tower and antennae compounds;
other lease areas for PWSFs and other types
fruit orchard surrounding lease area.
of broadcast equipment; Agricultural beyond.
Factors Favorable:
Factors Unfavorable:
1. In 1994 the Board approved the current SP
1. None indentified
for the facility, thereby deeming the use
and location appropriate.
2. The increased height of the dishes will not
have an increased negative impact on the
visibility of the tower, especially since one
dish will be more than 50% smaller.
Recommendation:
Staff Recommends APPROVAL with conditions.
STAFF CONTACT:
PLANNING COMMISSION:
Elizabeth M. Marotta, Senior Planner
October 5, 2010
BOARD OF SUPERVISORS: TBD
AGENDA TITLE: SP 2010 -21: Carter's Mountain Trail- Tier III
PROPERTY OWNER: Crown Orchard Company
APPLICANT: Stephen Waller, AICP for DB /A Verizon Wireless
PROPOSAL:
This is a proposal to remove and replace two existing 6' diameter microwave dishes on an
existing PWSF permitted by SP 1994 -37. One new dish will be the same size (6' dia.) and one
will be smaller (25 dia.) The existing dishes are currently mounted at 50' and 106'; the
proposed dishes would be mounted at increased heights of 112' (2.5 dia. dish) and at 175' (6'
dia. dish). The lease area is 3,000 square feet, within the 234 + /- acre property described as Tax
Map 91 Parcel 28; it is located in the Samuel Miller Magisterial District and is zoned RA, Rural
Areas.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as Rural Area in Rural Area 4.
CHARACTER OF THE AREA:
The proposed site is located on the ridgeline of Carters Mountain, in an area commonly referred
to as "Carters Mountain tower farm ". Specifically, it is located on Carters Mountain Trail,
approximately 2.4 miles from its intersection with Thomas Jefferson Parkway [53]. The lease
area is surrounded by other PWSF and antennae lease areas, with orchards and agricultural uses
beyond. The surrounding parcels are zoned Rural Areas [RA]. The property is not within an
Entrance Corridor, but is within the Southern Albemarle National Register Rural Historic
District and Mountain Overlay District.
PLANNING AND ZONING HISTORY (this lease area):
SP 1994 -037 Centel Cellular: Approval was granted for the existing PWSF, which includes two
6' diameter microwave dishes and an array antenna mounted on a lattice tower (up to 200') and
with associated equipment and security fencing. A condition of approval is that any changes to
the facility (additional towers, antennae, etc..) shall not be administratively approved. [Appendix
B]
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 31.6.1 of the Zoning Ordinance requires that special use permits be reviewed as follows:
Will the use be of substantial detriment to adjacent property?
The applicant's proposal is to modify the location of antenna on an existing tower. Due to the
size of the antenna, distance from adjoining property and presence of other facilities it is
unlikely that the changed location of the antenna will be readily apparent to anyone on
adjacent or nearby property. The change in the location of antenna will have little if any
impact on adjacent property.
Will the character of the zoning district change with this use?
The area is home to a number of towers; in fact, the area is referred to as a "tower farm." The
replacement of two new dishes at higher heights will not impact the character of the district.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Staff has reviewed the provisions of Sections 1.4, 1.5, 1.6 and 10.0 of the Zoning Ordinance.
The modification of the location of the antenna will allow this facility to provide enhanced
services to the County and therefore staff opinion is that this request is in harmony with the
purpose and intent of the ordinance, specifically the provisions of Section 1.4
Will the use be in harmony with the uses permitted by right in the district?
The existing facility has existed without adversely impacting uses permitted in the district. No
significant adverse impacts on adjacent properties in the district are anticipated due to the
modification of this facility. This facility will be in harmony with the uses permitted by right
in the district.
Will the use comply with the additional regulations provided in Section 5.0 of this
ordinance?
The purpose of Section 5.1.40 is to implement the personal wireless service facilities policy.
This proposal does conform with the County's Personal Wireless Service Facilities Policy.
Page 3 states that "The most important principle for siting PWSF in Albemarle County is
visibility." The siting of the tower has already been deemed appropriate by SP94 -37;
therefore the request to remove and relocate two microwave dishes to higher heights is most
similar to a request for co- location. Page 21 of the policy it states that "Co- location which
results in adverse visual impact is not consistent with the goals of Albemarle County. From a
visibility perspective, co- location should be discouraged." Staff's opinion is that the Verizon
tower, which is only one tower among many in the tower farm, already has a negative visual
impact; replacing and relocating the two dishes (one will be over 50% smaller) to a higher
location on the tower will not result in additional negative visual impacts.
Will the public health, safety and general welfare of the community be protected if the
use is approved?
The public health, safety, and general welfare of the community is protected through the
special use permit process, which assures that uses approved by special use permit are
appropriate in the location requested. Because the facility is existing, the public is protected
by the conditions set forth in SP1994 -37. Should this SP request be approved, the conditions
from that SP will be updated and carried over.
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In this case, the proposed relocated dishes will give Verizon the ability to coordinate
frequencies and merge the existing Alltel network with Verizon's network and services. This
would result in an integrated, seamless network and increased reliability and range of personal
wireless service communications; more and more people rely on their personal wireless
devices to dial and contact emergency 911 services. Therefore, to a small degree, approval of
this application can be also be seen as contributing to the public health, safety and welfare on
a regional level.
Compliance with Section 5.1.40 of the Zoning Ordinance
The county's specific design criteria for Tier III facilities as set forth in section 5.1.40 (e)
are addressed as follows.
Section 5.1.40 (e) Tier 777 facilities. Each Tier III facility may be established upon approval of
a special use permit issued pursuant to section 31.2.4 of this chapter, initiated upon an
application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, and it shall
be installed and operated in compliance with all applicable provisions of this chapter and the
following:
1. The facility shall comply with subsection 5.1.40(b) subsection 5.1.40(c)(2) through (9) and
subsection 5.1.40 (d)(2),(3),(6) and (7), unless modified by the board of supervisors during
special use permit review.
2. The facility shall comply with all conditions of approval of the special use permit.
Requirements of subsection 5.1.40(a) application for approval and section 31.2.4 special use
permits have been met. Compliance with Section 5.1.40(e) of the Zoning Ordinance: The
County's specific design criteria for Tier III facilities set forth in Section 5.1.40(e)(1) and
5.1.40(e)(2) are addressed as follows: [Ordinance sections are in italics]
Subsection 5.1.40(b) (1 -5): Exemption from regulations otherwise applicable: Except as
otherwise exempted in this paragraph, each facility shall be subject to all applicable regulations
in this chapter.
The microwave dishes will be installed on an existing Personal Wireless Service Facility. The
site is within a lease area held by Alltel Communications of Virginia Inc., trading as Verizon
Wireless. The existing facility is in compliance with the conditions set forth in the existing SP.
Attached elevations and equipment specifications have been provided to demonstrate that the
proposed dish relocation meets all applicable personal wireless service facilities (PWSF) and SP
regulations.
Subsection 5.1.40(c)(2): The facility shall be designed, constructed and maintained as follows:
(i) guy wires shall not be permitted, (ii) outdoor lighting for the facility shall be permitted only
during maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be
fully shielded as required by section 4.17 of this chapter, (iii) any equipment cabinet not located
within the existing structure shall be screened from all lot lines either by terrain, existing
structures, existing vegetation, or by added vegetation approved by the county's landscape
planner, (iv) a whip antenna less than six (6) inches in diameter may exceed the height of the
existing structure; (v) a grounding rod, whose height shall not exceed two (2) feet and whose
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width shall not exceed one (1) inch in diameter at the base and tapering to a point, may be
installed at the top of facility or the structure; and (vi) within one month after the completion of
the installation of the facility, the applicant shall provide a statement to the agent certifying that
the height of all components of the facility complies with this regulation.
The existing structure proposed to support the replaced and relocated microwave dishes is a
lattice tower. The tower currently supports two 6' diameter microwave dishes and an array
antenna. The proposed microwave dishes will require the replacement of associated wires. No
lighting in addition to what is currently permitted and existing is proposed.
Subsection 5.1.40(c)(3): Equipment shall be attached to the exterior of a structure only as
follows: (i) the total number of arrays of antennas attached to the existing structure shall not
exceed three (3), and each antenna proposed to be attached under the pending application shall
not exceed the size shown on the application, which size shall not exceed one thousand one
hundred fifty two (1152) square inches; (ii) no antenna shall project from the structure beyond
the minimum required by the mounting equipment, and in no case shall any point on the face of
an antenna project more than twelve (12) inches from the existing structure; and (iii) each
antenna and associated equipment shall be a color that matches the existing structure. For
purposes of this section, all types of antennas and dishes regardless of their use shall be counted
toward the limit of three arrays.
This request is to replace and relocate two microwave dishes mounted to the existing lattice
tower. Due to the size of the dishes and the requirements of the existing SP, an amendment to the
existing special use permit is required. One dish is proposed to be relocated to a height of 175'
(from a height of 106'.) This dish is 6' in diameter; for the purposes of examining visibility, it is
practically the same as the existing dishes. The second new dish is proposed to be relocated to a
height of 112' (from a height of 50'.) This dish is only a 2.5' diameter dish, and will only
protrude 19" (a reduction from approximately 60 "). All new equipment is proposed to be grey
and white, similar to the existing lattice tower and antenna.
Subsection 5.1.40(c)(4): Prior to issuance of a building permit, the applicant shall submit a tree
conservation plan prepared by a certified arborist. The plan shall be submitted to the agent for
review and approval to assure that all applicable requirements have been satisfied. The plan
shall specify tree protection methods and procedures, and identify all existing trees to be
removed on the parcel for the installation, operation and maintenance of the facility. Except for
the tree removal expressly authorized by the agent, the applicant shall not remove existing trees
within the lease area or within one hundred (100) feet in all directions surrounding the lease
area of any part of the facility. In addition, the agent may identify additional trees or lands up to
two hundred (200) feet from the lease area to be included in the plan.
The applicant is requesting a waiver of this requirement in accordance with Section 5.1 (a) since
the proposal is for a co- location on an existing tower and no existing trees in the vicinity of the
site will be impacted.
Subsection 5.1.40(c)(5)The installation, operation and maintenance of the facility shall be
conducted in accordance with the tree conservation plan. Dead and dying trees identified by the
arborist's report may be removed if so noted on the tree conservation plan. If tree removal is
later requested that was not approved by the agent when the tree conservation plan was
approved, the applicant shall submit an amended plan. The agent may approve the amended
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plan if the proposed tree removal will not adversely affect the visibility of the facility from any
location off of the parcel. The agent may impose reasonable conditions to assure that the
purposes of this paragraph are achieved.
The applicant is requesting a waiver of this requirement in accordance with Section 5.1 (a) since
the proposal is for a co- location on an existing tower and no existing trees in the vicinity of the
site will be impacted.
Subsection 5.1.40(c)(6): The facility shall be disassembled and removed from the site within
ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the
agent determines at any time that surety is required to guarantee that the facility will be removed
as required, the agent may require that the parcel owner or the owner of the facility submit a
certified check, a bond with surety, or a letter of credit, in an amount sufficient for, and
conditioned upon, the removal of the facility. The type and form of the surety guarantee shall be
to the satisfaction of the agent and the county attorney. In determining whether surety should be
required, the agent shall consider the following: (i) the annual report states that the tower or
pole is no longer being used for personal wireless service facilities; (ii) the annual report was
not filed, (iii) there is a change in technology that makes it likely that tower or pole will be
unnecessary in the near future; (iv) the permittee fails to comply with applicable regulations or
conditions; (v) the permittee fails to timely remove another tower or pole within the county; and
(vi) whenever otherwise deemed necessary by the agent.
Should use of the antennae site in this location become discontinued at anytime in the future,
Verizon and/or its assignee(s) will be required to remove the facility within 90 days.
Subsection 5.1.40(c)(7): The owner of the facility shall submit a report to the agent by no earlier
than May or and no later than July 1 of each year. The report shall identify each user of the
existing structure, and include a drawing, photograph or other illustration identifying which
equipment is owned and/or operated by each personal wireless service provider. Multiple users
on a single tower or other mounting structure may submit a single report, provided that the
report includes a statement signed by a representative from each user acquiescing in the report.
Verizon Wireless will provide the required annual report accurately accounts for all equipment
supporting the proposed facility at this site.
Subsection 5.1.40(c)(8): No slopes associated with the installation of the facility and accessory
uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other
stabilization measures acceptable to the county engineer are employed.
No slopes associated with the installation of the facility are steeper than 2:1.
Subsection 5.1.40(c)(9): Any equipment cabinet not located within an existing building shall be
fenced only with the approval of the agent upon finding that the fence: (i) would protect the
facility from trespass in areas of high volumes of vehicular or pedestrian traffic or, in the rural
areas, to protect the facility from livestock or wildlife; (ii) would not be detrimental to the
character of the area; and (iii) would not be detrimental to the public health, safety or general
welfare.
The existing facility is located in an area with farm traffic as well as traffic from other towers'
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maintenance trips. There is fence surrounding the facility, and it is permitted by the existing SP;
staff recommends it continue to be permitted with the approval of this SP.
Section 5.1.40(d)(2): The site shall provide adequate opportunities for screening and the facility
shall be sited to minimize its visibility from adjacent parcels and streets, regardless of their
distance from the facility. If the facility would be visible from a state scenic river or a national
park or national forest, regardless of whether the site is adjacent thereto, the facility also shall
be sited to minimize its visibility from such river, park or forest. If the facility would be located
on lands subject to a conservation easement or an open space easement, or adjacent to a
conservation easement or open space easement, the facility shall be sited so that it is not visible
from any resources specifically identified for protection in the deed of easement.
The existing facility is part of a large tower farm. The proposed antenna changes will have
limited impact on the visibility of the facility due to its distance from adjoining properties and
public streets.
Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county's
open space plan.
Staff's analysis of this request addresses the concern for the possible loss of aesthetic or historic
resources. The proposed lease area is located within Mountain Overlay District in the Open
Space Plan. However, Staff believes that the removal and replacement of the antennas will not
have any measureable increase in adverse impacts on the Mountain Overlay District that what
already exists.
Section 5.1.40(d)(6): The top of the monopole, measured in elevation above mean sea level, shall
not exceed the height approved by the commission. The approved height shall not be more than
seven (7) feet taller than the tallest tree within twenty-five (25) feet of the monopole, and shall
include any base, foundation or grading that raises the pole above the pre- existing natural
ground elevation; provided that the height approved by the commission may be up to ten (10)
feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the
commission that there is not a material difference in the visibility of the monopole at the
proposed height, rather than at a height seven (7) feet taller than the tallest tree; and there is not
a material difference in adverse impacts to resources identified in the county's open space plan
caused by the monopole at the proposed height, rather than at a height seven (7) feet taller than
the tallest tree. The applicant may appeal the commissioner's denial of a modification to the
board of supervisors as provided in subsection 5.1.40(d)(12).
The existing SP allows for a tower of up to 200'; the existing lattice tower is 180'. The proposed
relocated replacement dishes will mount on the existing structure.
Section 5.1.40(d)(7): Each wood monopole shall be a dark brown natural wood color; each
metal or concrete monopole shall be painted a brown wood color to blend into the surrounding
trees. The antennas, supporting brackets, and all other equipment attached to the monopole shall
be a color that closely matches that of the monopole. The ground equipment, the ground
equipment cabinet, and the concrete pad shall also be a color that closely matches that of the
monopole, provided that the ground equipment and the concrete pad need not be of such a color
if they are enclosed within or behind an approved structure, facade or fencing that: (i) is a color
that closely matches that of the monopole; (ii) is consistent with the character of the area; and
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(iii) makes the ground equipment and concrete pad invisible at any time of year from any other
parcel or a public or private street.
The proposed antennas will be white and grey and will generally match color of the existing
tower, which has a galvanized steel finish.
Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use
permit.
If this special use permit request is approved it will have to continually comply with the
conditions of the special use permit.
Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996:
This application is subject to the Telecommunications Act of 1996, which provides in part that
the regulation of the placement, construction, and modification of personal wireless service
facilities by any State or local government or instrumentality thereof (I) shall not unreasonably
discriminate among providers of functionally equivalent services; (II) shall not prohibit or have
the effect of prohibiting the provision of personal wireless services. 47 U.S.C.
In order to operate this facility, the applicant is required to comply with the FCC guidelines for
radio frequency emissions that are intended to protect the public health and safety. Neither the
Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless
services. However, both do implement specific policies and regulations for the siting and design
of wireless facilities. It is staff's opinion that this proposal is consistent with the County's
Personal Wireless Service Facilities policy. The denial of this proposal would not unreasonably
discriminate among providers of equivalent services, or prohibit the provision of personal
wireless services, as the applicant could conform with the previous special use permit conditions.
RECOMMENDATION:
Staff recommends approval of the proposed changes to the existing personal wireless service
facility, and modifications, based on the analysis provided herein.
If the Planning Commission wishes to approve the removal and replacement of the two
microwave dishes, it will need to reaffirm the existing special use permit conditions, as updated
below in "Conditions of Approval ". The specific wording has been revised to reflect changes to
the Zoning Ordinance.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The existing tower represents an opportunity site.
2. The increased height of the proposed dishes will not have an increased negative impact on the
visibility of the tower, especially since one dish will be more than 50% smaller.
Factors unfavorable to this request include:
1. None identified
N.
In order to comply with Section 5.1.40(d) of the Zoning Ordinance, the Planning Commission is
required to provide the applicant with a statement regarding the basis for denial and all items that
will have to be addressed to satisfy each requirement.
Zoning Ordinance Modifications:
1. Section 5.1.40 (c)(4)- Requirement for a tree conservation plan to be submitted prior to
the issuance of a building permit.
2. Section 5.1.40 (c)(5)- The installation, operation and maintenance of the facility to be
conducted in accordance with the tree conservation plan.
3. Section 5.1.40(c)(3)- Flush mounting requirements modification.
Conditions of approval:
The following conditions are recommended (updated from original conditions of SP1994 -37):
1. Tower height shall not exceed 200 feet;
2. Compliance with Section 5.1.40 of the Zoning Ordinance;
3. Board of Supervisors approval is required for the installation of additional antennae.
4. The tower must be designed and adequate separation provided to property lines such that
in the event of structural failure, the tower and components will remain within the lease
area; and
5. Tower shall be located within the lease area shown on Attachment C (on file in SP1994-
37.)
ATTACHMENTS:
A. Application, which includes:
• Justification letter
• Photos
• Tax map/ location map
• Elevation drawings/ existing and proposed
• Technical data, lease area information
• Product specifications
B. SP 1994 -37 Conditions; annotated
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