HomeMy WebLinkAboutSP201100004 Staff Report 2011-07-26o� arm
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 2011 -4 Eagleburger Property Tier III
Staff: Gerald Gatobu, Principal Planner
PWSF
Planning Commission Public Hearing:
Board of Supervisors Hearing:
July 26" , 2011
TBD 2011
Owners: Eagleburger Lawrence S.
Applicant: Joe O'Connor SAI Communication
Acreage: 20.99
Rezone from: Not applicable
(Lease Area: 168 square feet)
Special Use Permit for: 10.2.2 (48) which allows for
Tier III personal wireless facilities in the RA Zoning
District
TMP: Tax Map 58, Parcel 66
By -right use: (RA) Rural Areas
Location: 1450 Owensville Road [State Route 678]
about five hundred feet from the intersection of Willow
Oak Circle [State Route 16481 and Owensville Road
[State Route 678]
Magisterial District: Samuel Miller
Proffers /Conditions: Yes
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: Install one hundred and fifty five (155)
foot seven (7) inches tall monopole with six flush
Comp. Plan Designation: Rural Area in Rural Area 3
mounted antennas within an existing non-
conforming electric power tower and associated
ground equipment
Character of Property: The property consists of a
Use of Surrounding Properties: Single family
single - family home with several accessory structures,
Residential Homes
wooded areas, and a stream in the rear. There is an
existing electric power tower along Owensville Road
[State Route 678] on the front portion of the property.
Factors Favorable:
Factors Unfavorable:
1. The existing electric power structure represents
1. Some visual impact is anticipated with the
an opportunity site
installation of the monopole
2. Antennas will be flush mounted
3. Tower will serve a Public Purpose
Zoning Ordinance Waivers and Recommendations:
Staff Recommends approval of the proposed monopole, antennas and associated ground equipment.
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
PROPOSAL:
Gerald Gatobu
July 26th, 2011
TBD, 2011
SP 2011 -4: Eagleburger Property - Tier III PWSF
Eagleburger Lawrence S.
Joe O'Connor SAI Communication
Install one hundred and fifty five (15 5) foot seven (7) inches tall monopole with six flush
mounted antennas within an existing non - conforming electric power tower and associated
ground equipment.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as Rural Area in Rural Area 3.
CHARACTER OF THE AREA:
The site is located on Owensville Road [State Route 678] about five hundred feet from the
intersection of Willow Oak Circle [State Route 1648] and Owensville Road [State Route 678].
The property consists of a single - family home with several accessory structures, wooded areas,
and a stream in the rear. There is an existing electric power tower along Owensville Road [State
Route 678] on the front portion of the property [Attachment B]. Surrounding areas consist of
single - family homes. The facility will be within an existing power tower currently used as an
opportunity site. The electric power tower has attached antennas and existing ground equipment.
The ground equipment is well screened, and not visible from Owensville Road [State Route
678].
PLANNING AND ZONING HISTORY:
B200504919TWR: Tower Building Permit
E200504920 ETWR: Wiring Tower Antenna Permit
DISCUSSION:
This proposal requires Tier III special use permit approval. The proposal is for the Installation of
a one hundred and fifty five (155) foot seven (7) inches tall monopole with six flush mounted
antennas within an existing non - conforming electric power tower including associated ground
equipment. The electric power tower has attached antennas and existing ground equipment
installed, and is therefore in use as an opportunity site. The proposed tower will serve the
Meriwether Lewis Elementary school site and other uses along Owensville Road.
The Board of Supervisors needs to make findings on the appropriateness of the proposed tower
facility, and ultimately approve or deny the special use permit request.
PA
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 31.6.1 of the Zoning Ordinance below requires that special use permits be reviewed as
follows:
Will the use be of substantial detriment to adjacent property?
The electric power tower currently exists. The use will not be of substantial detriment to
adjacent properties. No increased impact to adjacent properties is expected. The applicant will
install the monopole within the existing power tower. Proposed antennas will be flush
mounted onto the monopole.
Will the character of the zoning district change with this use?
Installing a monopole within the electric power tower will not impact the character of the
district. The electric power tower exists and is currently in use as an opportunity site. There
are antennas and associated ground equipment currently attached to the electric power tower.
The character of the zoning district will not change with this use.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Staff has reviewed this request as it relates to the "purpose and intent" that is set forth in
Sections 1.4.4 and 1.4.7 of the Zoning Ordinance, and as it relates to the intent specified in the
Rural Area chapter of the Zoning Ordinance (Section 23). This request is consistent with both
sections.
Will the use be in harmony with the uses permitted by right in the district?
Debatable visual impacts in the district are anticipated with the installation of the monopole.
Most of the visual impact will be above ground level. The proposed use is not permitted by
right in the district, however, the proposed monopole and ground equipment will provide
personal wireless communication services to the uses permitted by right in the district.
Approval of this special use permit will not prevent or discourage permitted uses in the district
or area, therefore, staffs opinion is that this request is in harmony with the uses permitted in
this 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.
Flush mounted antennas are recommended in the personal wireless policy and in section
5.1.40 of the Zoning Ordinance. Staff's opinion is that although the existing electric power
tower is already a negative visual impact, adding a monopole with flush mounted antennas
will not result in additional adverse 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. The special use permit process assures that uses approved by
special use permit are appropriate in the location requested. In this case, the proposed facility
will give AT &T the ability to offer personal wireless service communication by providing a
full range of voice and data services in addition to the required E911 call services to areas
along Owensville Road, and the Meriwether Lewis Elementary School. This contributes to the
public health, safety and welfare of the community.
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 III facilites. Each Tier III facility may be established upon approval of
a special use permit issued pursuant to section 31.6.1 of this chapter, initiated upon an
application satisfying the requirements of subsection 5.1.40(a) and section 31.6.1, 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 31.6.1 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 proposed monopole, antennas will be installed within an existing electric power tower. The
electric power tower has existing attached antennas and ground equipment. AT &T's equipment
shelter will meet the required setbacks and all area and bulk regulations including minimum yard
requirements. All site plan requirements set forth in Section 32 of the zoning ordinance have
been addressed.
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
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 electric power tower has attached antennas and ground equipment owned by other
companies /carriers. The proposed monopole and antennas will be installed within the electric
power tower, and do not require installation of guy wires. The equipment cabinet will be
screened from Owensville Road [State Route 678] by added vegetation.
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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 proposes an array of antennas that are flush - mounted. Per the above ordinance
section, the total number of arrays of antennas attached to the existing structure shall not exceed
three (3). This proposal consists of a monopole with two arrays of antennas. The two arrays will
consist of six (6) panel antennas [Attachment A]. The proposed antennas meet the size
requirements, and no antenna shall project from the structure beyond the minimum required by
the mounting equipment. In no case shall any point on the face of an antenna project more than
twelve (12) inches from the existing structure. Each antenna and associated ground equipment
shall be a color that matches the existing structure
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 shall submit a tree conservation plan prepared by a certified arborist.
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
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 installation, operation and maintenance of the facility shall be conducted in accordance with
the tree conservation plan
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
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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.
AT &T or its assignee(s) will remove the facility within 90 days if use of the antennas and
monopole at this location is discontinued at anytime in the future.
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.
AT &T will make sure required annual reports accurately account for all equipment supporting
the proposed facility at this site (if the proposed antenna and monopole addition is approved and
installed).
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 proposed equipment cabinet will be screened from Owensville Road using proposed
landscaping. The existing ground equipment installed by another carrier is well screened from
the road. The ground equipment is not fenced. The proposed ground equipment will not be
fenced, and there is little to no need to protect the facility from trespass because it is on private
property with no pedestrian traffic in the area. The area has a wooden fence along the front of the
property.
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
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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.
This proposed monopole and antennas will be located within an existing electric power tower
along Owensville Road. The electric power tower exists and is not located on lands subject to a
conservation or open space easement.
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 155 -foot monopole will be located within an electric power tower. The
proposed monopole will not adversely impact resources identified in the county's open space
plan.
The flush mounted antennas on the proposed 155 -foot monopole conform to the County's
Personal Wireless Service Facilities Policy. Flush mounted antennas are encouraged because
they minimize adverse visual impacts. Because the electric power tower already exists, and the
proposed monopole and flash mounted antennas will be painted to match the electric power, it is
staff's opinion that the proposal will result in minimal additional adverse visual impacts.
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 proposed facility will utilize an existing electric power structure. The proposed facility does
not meet the criteria listed in this section and is therefore a Tier III tower. The Board of
Supervisors can grant a modification of this section to allow the tower to be located within an
existing power 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, fagade 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.
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AT &T will paint the proposed antennas and monopole to match the color of the existing electric
power tower. The electric power tower has a galvanized steel finish. Proposed vegetation will
screen the equipment shelter from adjacent properties and roadway.
Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use
permit.
The facility complies with all conditions of approval of the special use permit (Section 31.6.1):
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 sighting and
design of wireless facilities. The applicant has not provided any additional information regarding
the availability, or absence of alternative sites that could serve the same areas that would be
covered with the proposed antenna mounting at this site. Therefore, staff does not believe that
the special use permitting process nor the denial of this application would have the effect of
prohibiting or restricting the provision of personal wireless services.
RECOMMENDATION: Staff Recommends approval of the proposed 155 -foot monopole,
antennas, and associated equipment within the existing electric power tower based on the
analysis provided herein.
If the Planning Commission chooses to approve this Tier III Personal Wireless Facility, it will
need to approve the applicable ordinance modification(s) outlined below:
Zoning Ordinance Modifications
1. Subsection 5.1.40(d)(6)
SUMMARY:
Staff has identified factors that are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The existing electric power tower represents an opportunity site.
2. Antennas will be flush mounted on the 155 foot tall monopole
3. Tower will serve a Public Purpose by providing a full range of voice and data services
in addition to the required E911 call services to areas along Owensville Road, and the
Meriwether Lewis Elementary School.
Factors unfavorable to this request include:
1. Some visual impact is anticipated with the installation of the monopole.
Staff's opinion is that the increased visibility of the existing tower will be minimal and that the
favorable factors outweigh the unfavorable factors, therefore, staff recommends approval of this
request.
Several other electric power towers have been used as opportunity sites in the County. Staff has
looked at the various approved monopoles that have been installed in the County. Photos of a
similar type of electric power tower with a monopole and antennas installed within have been
included in this staff report.
Should the Board of Supervisors choose to deny this request, in order to comply with Section
5.1.40(d) of the Zoning Ordinance, the Board of Supervisors 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.
Should the Board of Supervisors choose to approve this request, staff recommends the following
conditions:
Conditions of approval:
1. The monopole shall not be increased in height.
2. The current owner and any subsequent owners shall submit a report to the Zoning
Administrator once (1) per year, by no later than July 1 of that year. The report shall
identify each user of the tower and that each user is a personal wireless communications
service provider;
3. The facility shall be disassembled and removed from the site within ninety (90) days of
the date its use for personal wireless communications services purposes is discontinued.
4. All work shall be done in general accord with what is described in the applicant's request
and site construction plans, entitled "Eagleburger Property CV352 Meriwether Lewis
Elementary School 1450 Owensville Road Charlottesville, VA 22901 with an
Engineer's seal and revised zoning drawings dated 4/12/2011 "
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ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C. Photos of Existing Facility
D. Photos of similar Approved Facilities
E. Photo Simulations of Proposed Facility
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Motion: The Planning Commission's role in this case (SP2011 -4) is to make a recommendation
to the Board of Supervisors.
A. Should the Planning Commission choose to recommend approval of this Tier III
personal wireless service facility
I move to recommend approval of SP 2011 -4 Eagleburger Property AT &T Tier III
PWSF with the conditions and modifications outlined in the staff report.
B. Should the Planning Commission choose to recommend denial of this Tier III personal
wireless service facility:
I move to recommend denial of SP 2011 -4 Eagleburger Property AT &T Tier III
PWSF. (Planning Commission needs to give a reason for denial)
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