HomeMy WebLinkAboutSDP201000094 Legacy Document 2011-07-01O
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2010 -94 Hillsdale
Staff: Summer Frederick, Senior Planner; Margaret
Farm /Cosner Property (AT &T CV427 Tier II) -
Maliszewski, Principal Planner ARB
Final
Planning Commission Public Hearing:
Board of Supervisors Hearing:
March 1, 2011
N/A
Owners: Kimco, LC
Applicant: SAI Communication for AT &T — Joe O'Conner
Acreage: 7.64
Rezone from: Not applicable
(Lease Area: 1,600 square feet)
Special Use Permit for: Not applicable
TMP: Tax Map 102, Parcel 11 B
By -right use: RA, Rural Areas and EC, Entrance Corridor
Location: West side of Scottsville Road [SR
Overlay
20S], approximately 0.25 mile from its
intersection with Thorn Rose Lane.
Magisterial District: Samuel Miller
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: Proposal to install a Tier II
Comp. Plan Designation: Rural Area in Rural Area 4
personal wireless service facility. The
proposed facility will consist of a 136 -
foot tall monopole and associated
equipment. The monopole will be (10)
ten feet above the reference tree.
Character of Property: The proposed site is
Use of Surrounding Properties: Single- family residential
located on a parcel with an entrance off Thorn
homes, and wooded, undeveloped parcels.
Rose Lane. The lease area is wooded and
undeveloped.
Factors Favorable: Proposal meets the
Factors Unfavorable: None
requirements of Section 5.1.40.a and will be
installed and operated in compliance with
section 5.1.40.d Criteria (1) through (8)
Recommendation: Based on findings presented in the staff report, staff recommends approval of this
personal wireless service facility at the proposed height of ten (10) feet above the reference tree.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
Summer Frederick, Margaret Maliszewski
March 1, 2011
SDP2010 -94 Hillsdale Farm/Cosner Property (AT &T
CV427 Tier II) - Final
Kimco, LC
APPLICANT: SAI Communication for AT &T — Joe O'Conner
PROPOSAL:
Request for approval of a treetop personal wireless service facility with a steel monopole that
would be approximately 136 feet tall (10 feet above the height of the reference tree), within a 40
x 40 foot lease area. This application is being made in accordance with section 10.2.1(22) of the
Zoning Ordinance, which allows for Tier II wireless facilities by right in the Rural Area Zoning
District.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Area in Rural Area 4.
CHARACTER OF THE AREA:
The proposed site is located on a parcel adjoining the west side of Scottsville Road [SR 20S],
approximately 0.25 south of the intersection with Thorn Rose Lane. The lease area is heavily
wooded. This section of the Route 20 entrance corridor includes a mix of single family homes
and heavily wooded acreage (Attachment B).
PLANNING AND ZONING HISTORY
No planning and zoning history was found for this parcel.
STAFF COMMENT:
Section 3.1 provides the following definitions that are relevant to this proposal:
Tier II personal wireless service facility: A personal wireless service facility that is a treetop
facility not located within an avoidance area.
Treetop facility: A personal wireless 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 within twenty -five (25) feet of the monopole, measured above sea level (ASL),
and includes associated antennas, mounting structures, an equipment cabinet and other essential
personal wireless service equipment.
Avoidance area: An area having significant resources where the siting of personal wireless
service facilities could result in adverse impacts as follows: (i) any ridge area where a personal
wireless service facility would be skylighted; (ii) a parcel within an agricultural and forestal
district; (iii) a parcel within a historic district; (iv) any location in which the proposed personal
wireless service facility and three (3) or more existing or approved personal wireless service
facilities would be within an area comprised of a circle centered anywhere on the ground having
a radius of two hundred (200) feet; or (v) any location within two hundred (200) feet of any state
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scenic highway or by -way.
Section 5.1.40(d), "Tier II facilities" states: (Emphasis Added)
"Each Tier II facility may be established upon commission approval of an application satisfying
the requirements of subsection 5.1.40(a) and demonstrating that the facility will be installed and
operated in compliance with all applicable provisions of this chapter, criteria (1) through (8)
below, and satisfying all conditions of the architectural review board. The commission shall act
on each application within the time periods established in section 32.4.2.6. The commission
shall approve each application, without conditions, once it determines that all of these
requirements have been satisfied. If the commission denies an application, it shall identify which
requirements were not satisfied and inform the applicant what needs to be done to satisfy each
requirement. "
The applicant has submitted an application that satisfies the requirements set forth in Section
5.1.40(a) and has performed a balloon test at the location of the proposed facility. The
Architectural Review Board has reviewed this request for compliance with the County's design
guidelines for the entrance corridor and has recommended approval. The Planning Commission
shall approve each application, without conditions once it determines that all of the above
requirements have been met.
A balloon test was performed at the location of the proposed facility on January 19th, 2011. The
Architectural Review Board has reviewed this request for compliance with the County's
design guidelines for the entrance corridor [State Route 20S] and recommended approval.
Section 5.1.40(d)(1): The facility shall comply with subsection 5.1.40(b) and subsection
5.1.40(c)(2) through (9).
Staff has determined that the proposed facility's location complies with all of the exemptions of
Section 5.1.40(b) and the proposed equipment meets all relevant design, mounting and size
criteria that are set forth in Section 5.1.40(c)(2) and (3). The remainder of subsection (c)
provides requirements that are subject to enforcement if the facility is approved.
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, the facility shall be
sited to so that it is not visible from any resources specifically identified for protection in the
deed of easement.
The proposed facility includes a monopole that would have a height of approximately 136 feet
above ground level or 723 feet above mean sea level (AMSL). The height of the reference tree is
126 feet above ground level or 714.47 feet above mean sea level (AMSL) and is located within
25 of feet of the proposed monopole. A balloon test was conducted on January 19, 2011. The
balloon was visible for a distance of approximately 0.25 mile along the State Route 20S Entrance
Corridor at the proposed elevation of 136 feet, or 10' above the top of the reference tree
(Attachment C), however Staff noted that the balloon would not be visible once the surrounding
trees were fully leafed out.
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Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county's
open space plan.
The County's wireless service facilities policy encourages facilities with limited visibility,
facilities with adequate wooded backdrop, and facilities that do not adversely impact Avoidance
Areas. This personal 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 Scottsville Road [State Route 20S] entrance corridor. The posted speed
limit for State Route 20S is 55 miles per hour adjacent to the proposed monopole location.
Staff's analysis of this request addresses the concern for the possible loss of aesthetic or historic
resources. The proposed lease area is not delineated as a significant resource on the Open Space
Concept Map. Staff believes there is no significant loss of resources related to the installation of
the proposed monopole.
Section 5.1.40(d)(4): The facility shall not be located so that it and three (3) or more existing or
approved personal wireless service facilities would be within an area comprised of a circle
centered anywhere on the ground having a radius of two hundred (200) feet.
There is no existing personal wireless service facility located within an area comprised of a circle
centered anywhere on the ground having a radius of two hundred (200) feet.
Section 5.1.40(d)(5): The maximum base diameter of the monopole shall be thirty (30) inches
and the maximum diameter at the top of the monopole shall be eighteen (18) inches.
Notes 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 with the maximum width
requirements for treetop monopoles serving Tier II facilities.
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).
As mentioned previously in this report, the proposed monopole would have a height of
approximately 723 feet above mean sea level (AMSQ. The height of the reference tree is
approximately 714.47 feet above mean sea level (AMSQ. The proposed monopole will be ten
(10) feet taller than the tallest tree within twenty -five (25) feet. A balloon test was conducted in
an effort to minimize the visibility of the monopole from adjacent parcels and streets as indicated
above. The wireless policy states that personal wireless facilities that are well sited will almost
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always be less visible, but siting does not guarantee invisibility. Based on the results of the
balloon test, staff recommends approval of the proposed personal wireless facility at 10 feet
above the reference tree.
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
(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 applicant is proposing the installation of a facility with a steel monopole. The proposed color
for the tower and equipment cabinets is Sherwin Williams brown paint (Java Brown) to match
existing surroundings.
Section 5.1.40(d)(8): Each wood monopole shall be constructed so that all cables, wiring and
similar attachments that run vertically from the ground equipment to the antennas are placed on
the pole to face the interior of the property and away from public view, as determined by the
agent. Metal monopoles shall be constructed so that vertical cables, wiring and similar
attachments are contained within the monopole's structure.
A note on the site plan indicates that vertical cables, wiring and similar attachments will be
located inside the monopole.
Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996:
The regulation of the placement, construction and modification of personal wireless facilities by
any state or local government or instrumentality thereof shall not prohibit or have the effect of
prohibiting the provision of personal wireless services.
The Telecommunications Act addresses concerns for environmental effects with the following
language, "No state or local government or instrumentality thereof may 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 emissions.
These requirements will adequately protect the public health and safety.
RECOMMENDATION: Staff recommends approval of this personal wireless service facility.
Based on findings presented in the staff report, staff recommends approval at the proposed height
of ten (10) feet above the reference tree.
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ATTACHMENTS:
A. Site Plan
B. Vicinity Maps
C. Map indicating visibility along Scottsville Road (SR 20S)