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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 2011- 41 Cantrell Property
Staff: Gerald Gatobu, Principal Planner
(Ntelos) Tier II PWSF
Planning Commission Public Hearing:
Board of Supervisors Hearing:
August 23, 2011
N/A
Owners: Cantrell, Robert W or Lee Y
Applicant: Cantrell, Robert W or Lee Y
Acreage: 8.41
Rezone from: Not applicable
(Lease Area: 2,500 square feet)
Special Use Permit for: Not applicable
TMP: Tax Map 43, Parcel 16G
By -right use: RA, Rural Areas
Location: Approximately 650 feet east of
Owensville Road [Route 676] approximately 0.20
miles north of the intersection of Owensville Road
and Old Ballard Road [Route 6771. The property
address is 1925 Owensville Road.
Magisterial District: Samuel Miller
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: Proposal to install Treetop personal
Comp. Plan Designation: Rural Area in Rural Area 1
wireless service facility with a steel monopole
that would be approximately 112 feet tall (7
feet above the height of the reference tree),
and ground equipment, within a 2,500 square
foot lease area.
Character of Property: The proposed site is
Use of Surrounding Properties:
located on a parcel with an entrance off Owensville
Rural area single family residential uses.
Road [State Route 676]. The lease area is wooded
and there are existing rural /agricultural structures on
the property.
Factors Favorable: Proposal meets the
Factors Unfavorable: none identified
requirements of Section 5.1.40
Recommendation:
Section 5.1.40 Personal Wireless Facility- Staff recommends approval of this personal wireless service
facility at the proposed height of seven (7) feet above the reference tree.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
Gerald Gatobu
August 23, 2011
SDP 2011 -41: Cantrell Property (Ntelos) Tier 11 PWSF
Cantrell, Robert W or Lee Y
Cantrell, Robert W or Lee Y
PROPOSAL:
Request for approval of a treetop personal wireless service facility with a steel monopole that
would be approximately 111.6 feet tall (seven (7) feet above the height of the reference tree), and
ground equipment within a 2,500 square 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 personal
wireless service facilities by right in the Rural Area zoning district.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 1
CHARACTER OF THE AREA:
The proposed site is located on a parcel with an entrance off Owensville Road [State Route 676].
The lease area is wooded and there are existing rural /agricultural structures on the property. The
proposed personal wireless service facility will be located closer in distance to the abutting lot
line than the height of the tower. The tower will be on Tax Map 43, Parcel 16G and will require a
fall zone easement from the adjacent property [Tax Map 43, Parcel 16]. The applicant has
submitted a fall zone easement prohibiting development on the abutting lot [Tax Map 43, Parcel
16] within the monopoles fall zone area. [Attachment E]
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.
Section 5.1.40(d), "Tier II facilities" states:
"Each Tier H 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
N
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 [Attachment
D].
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 111.6 feet
above ground level (AGL) or 720.6 feet above mean sea level (AMSL). The height of the
reference tree is about 104.5 feet above ground level (AGL) or approximately 713.58 feet above
mean sea level (AMSL) and is located 18.92 feet south of the proposed monopole.
A balloon test was conducted on June 30, 2011 [Attachment D]. During the site visit, the balloon
was launched at the proposed monopole location. The balloon was raised to the same elevation
as the proposed pole, seven (7) feet above the reference tree.
The balloon was visible for a short period from the North and South bound lanes of Owensville
Road [State Route 676]. The balloon was also slightly visible from Old Ballard Farm Road [State
Route 677]. Photos were taken from Old Ballard Farm Lane [Private], and the balloon was
minimally visible at various locations between houses in the Ballard Field subdivision. The
balloon was minimally visible above the trees. The monopole and antennas will be sufficiently
mitigated when painted to match the surroundings. The monopole at the proposed elevation of
seven (7) feet above the reference tree is not expected to have an adverse visual impact on
Owensville Road [State Route 676] and Old Ballard Farm Lane [Private] due to its limited
visibility. The ground equipment will not be visible from Owensville Road [State Route 676].
The "Umbra" color of the monopole and antennas will help mitigate views from the road and
surrounding properties.
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 not delineated as a significant resource on the Open Space
and Critical Resources Plan. Staff believes there is no significant loss of resources related to the
installation of the tower. This tower will not impact adjacent properties, and there will be no
significant loss of historical and scenic resources related to the installation of the tower.
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 (including Entrance Corridors and Scenic byways). The proposed monopole will be visible
for a relatively short period when traveling on Owensville Road [State Route 676], Old Ballard
Farm Road [State Route 677], and Old Ballard Farm Lane [Private]. As mentioned above, the
degree of visibility is not expected to have a negative impact. The visibility of the monopole will
not adversely affect any historical or scenic resources.
A tree conservation plan, with measures limiting the impacts to existing trees remain will be
submitted prior to building permit application.
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 720.6 feet above mean sea level (AMSL). The height of the reference tree is
approximately 713.58 feet above mean sea level (AMSL). The proposed monopole will be about
seven (7) feet taller than the tallest tree within twenty -five (25) feet. There is no adverse visual
impact to resources identified in the county's open space plan caused by the monopole at the
proposed height of seven (7) feet taller than the tallest 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, fa(ade 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 cabinet is Sherwin Williams (Umbra) paint 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 coax cables will run 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.
It is staff's opinion that the denial of this application would not have the effect of prohibiting the
provision of personal wireless communication services.
RECOMMENDATION: Staff recommends approval of this personal wireless service facility.
Based on findings presented in the staff report, staff recommends approval at the proposed seven
(7) feet above the reference tree.
PLANNING COMMISSION MOTION
5
Staff recommendations:
A. Staff recommends approval of this personal wireless service facility at the proposed height
of seven (7) feet above the reference tree.
The Planning Commission needs to approve or deny the personal wireless service facility at the
proposed height of seven (7) feet above the tallest tree.
Motion : Approve /Deny the personal wireless service facility (tower) at the proposed height of
seven (7) feet above the reference tree.
A. Should the Planning Commission choose to approve the personal wireless service
facility:
I move to approve SDP2011 -41 Cantrell Property (Ntelos) Tier II Personal Wireless
Facility at the proposed height of seven (7) feet above the reference tree.
B. Should the Planning Commission choose to deny the personal wireless service facility
I move to deny SDP2011 -41 Cantrell Property (Ntelos) Tier II Personal Wireless Facility
for the following reason(s): 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 per section 5.1.40(d).
ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C. Applicant Justification Letter
D. Balloon photos at proposed location
E. Fall Zone Easement Document
Co