HomeMy WebLinkAboutSDP201100067 Legacy Document 2011-11-29o� arm
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2011 -067 Gallihugh/ Verizon
Staff: Brent Nelson, Planner
Wireless- Tier II PWSF
Planning Commission Public Hearing:
Board of Supervisors Hearing:
December 61 2011
N/A
Owners: Robert A. Hogue
Applicant: Stephen Waller- GDN
Sites; Verizon Wireless C/O Maynard
Sipe- LeClair Ryan
Acreage: 2.78 Acres
Rezone from: Not applicable
(Lease Area: 1,200 square feet)
Special Use Permit for: Not
applicable
TMP: Tax Map 74, Parcel 2C
By -right use: RA, Rural Area
Location: 3624 Dick Woods Road
Magisterial District: Samuel Miller
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: To extend an existing steel monopole to
Comp. Plan Designation: Rural
allow for the attachment of a second vertical array
Area in Rural Area 3
with three new flush -mount antennas above the
existing antennas. Proposed height of the
monopole, with the existing 8.5 foot extension, will
be 82.5 feet, approximately 2.5 feet below the top of
the reference tree.
Character of Property: Heavily wooded with an
Use of Surrounding Properties:
existing monopole and associated ground
Single- family Residential
equipment in a fenced lease area.
Factors Favorable: The proposed extension is on
Factors Unfavorable: none
an existing facility and will not have any negative
identified
visual impact to adjacent properties and roadways.
Recommendation:
Section 5.1.40 Personal Wireless Facility- Tier II. Staff recommends approval at the height 2.5
feet below the reference tree.
STAFF CONTACT: Brent Nelson, Planner
PLANNING COMMISSION: December 6, 2011
AGENDA TITLE: SDP2011 -067: Gallihugh Property - Verizon Wireless Tier
II Personal Wireless Service Facility
PROPERTY OWNER: Gregory Ross Gallihugh
APPLICANT: Verizon Wireless
PROPOSAL:
Request for approval of an extension of the existing steel monopole to support the attachment of
a second vertical array with three flush -mount antennas above the existing antennas [Attachment
A]. The existing monopole, approved under SP 2000 -28, is 74 feet tall, 11 feet below the top of
the reference tree. The total height of the monopole, including the extension, will be 82.5 feet,
approximately 2.5 feet below the top of the reference tree. This application is being made in
accordance with Section 10.2.1 (22) of the Zoning Ordinance, allowing for Tier II wireless
facilities by -right in the Rural Areas. The facility is located on a 2.78 acre parcel, described as
Tax Map 74, Parcel 2C, zoned RA and located in the Samuel Miller Magisterial District
[Attachment B].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 3.
CHARACTER OF THE AREA:
The lease area, with the existing monopole and associated ground equipment, is heavily wooded
and located in a rural setting of large lot, single family dwellings and farms.
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
N
a radius of two hundred (200) feet; or (v) any location within two hundred (200) feet of any state
scenic highway or by -way.
Section 5.1.40(d), "Tier II facilities" states:
"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 [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 extension of the existing steel monopole supporting a
second vertical array with three flush -mount antennas complies with all of the exemptions of
Section 5.1.40(b) and the proposed equipment meets all relevant design, mounting and size
criteria 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 extension will increase the total height of the structure from 74 feet to 82.5 feet,
approximately 2.5 feet beneath the top of the reference tree.
A balloon test was conducted on October 17, 2011. Staff observed a test balloon that was floated
at the approximate height of the modified facility. Staff traveled nearby roads to determine the
visual impact on other properties in the area. Staff noted that the existing facility, not including
the balloon, was not visible from any of the locations traveled. The balloon was visible from
Rosemont Drive, Dick Woods Road (St. Rte 637) near the entrance to Rosemont subdivision and
from the adjoining parcel to the west. Each time the trees around the balloon provided a
backdrop with the visual impact sufficiently mitigated. The additional pole height and antennas
are not expected to have a negative impact on adjacent properties and the ground equipment is
not expected to be visible.
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 [Attachment E]. Staff believes there is no significant loss of
resources related to the proposed modifications to the existing facility.
The proposed monopole extension and supporting ground equipment will be within the existing
facility compound. No trees will need to be removed in order to install the new antennas and
ground equipment.
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)(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 height of the monopole extension with antennas will be 713.5 feet above mean sea level
(AMSL). The existing monopole has a height of 705 feet above mean sea level (AMSL). The
height of the reference tree is 716 feet above mean sea level (AMSL). The monopole extension
with antennas will be 2.5 feet lower than the height of the reference tree. The extension is
proposed to stay within the requirements of this section.
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 new antennas, all associated cables, and ground equipment shall be painted Sherwin
Williams (6090) Java Brown to match the existing facility.
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 on the
outside of the pole shall be placed to face the interior of the property, away from public view.
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.
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. In its current state, the existing facilities and their mounting
structure all offer adequate support for providing personal wireless communication services. 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
additions at this site. Therefore, staff does not believe that 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 extension of the existing
monopole with antennas, and associated ground equipment, based upon the findings in the staff
report.
ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C. Applicant Justification Letter
D. Balloon test photos
E. Open Space and Critical Resources Map
5