HomeMy WebLinkAboutSDP201200020 Legacy Document 2012-05-17 (8)A1,
:.1�i1 ul
T
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2012 -020 NTELOS -Tier II
Staff: Sarah Baldwin- Senior
Monopole (CV732) "SKI Enterprises, Inc." Final Site
Planner
Plan
Planning Commission Public Hearing:
Board of Supervisors Hearing:
May 22, 2012
TBD
Owners: S -K Enterprises, Inc.
Applicant: NTELOS- Jessica Wilmer
Acreage: 8 Acres
Rezone from: Not applicable
(Lease Area: 2500 square feet)
Special Use Permit for: Not
applicable
TMP: Tax Map 59, Parcel 28C
By -right use: RA -Rural Area
Location: Eden Lane, east side of Old Ballard Rd.
at Iv
Magisterial District: Samuel Miller
Proffers /Conditions: No
Requested # of Dwelling Units /Lot: N/A
DA - RA - X
Proposal: Tier II treetop steel monopole to be 84.6
Comp. Plan Designation: Rural
feet tall containing a flush mounted antenna array
Area in Rural Area 1
and associated ground equipment.
Character of Property: The property is within a field
Use of Surrounding Properties:
and the proposed facility will be in grove of trees. The
Rural Area, Single - Family, and
surrounding area is Rural Area containing single - family
Duplexes
and duplex residences.
Factors Unfavorable: Proposal
Factors Favorable: Proposal meets most the
does not meet Section 5.1.40(d)(2)
requirements of Section 5.1.40.
requiring adequate screening and will
be sky - lighted.
Recommendation:
Section 5.1.40 Personal Wireless Facility- Staff recommends denial of steel monopole, antenna
array and associated ground equipment due to the fact that it does not provide for adequate
screening and will be sky - lighted.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
Sarah Baldwin
May 22, 2012
SDP2012 -020 SKI Enterprises- NTELOS- Tier I1 PWSF
S -K Ski Enterprises, Inc.
APPLICANT: Jessica Wilmer, NTLOS
PROPOSAL:
This is a request for approval of a Tier II treetop steel monopole, flush - mounted antenna array
and associated ground equipment. The proposed tower is approximately will be 84.6 feet in
height with a top elevation of 566.3 feet above ground level (AGL). The indentified reference
tree is a 75.2 foot tall deciduous tree with a top elevation of 556.3 feet AGL. The flush mounted
antenna array will contain three (3) panel antennas which will not project more than 12 inches
from the facility and the ground equipment will be located within the 2500 square foot leased
compound area. All equipment is proposed to be painted Sherwin Williams Umbra Brown
[Attachment A].
The existing site and current 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 Areas.
The property, described as Tax Map 59, Parcel 28C, containing 8 acres is located in the Samuel
Miller District, and is zoned Rural Areas ( "RA ") [Attachment B].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 1.
CHARACTER OF THE AREA:
The property is within a field and the proposed facility will be in grove of trees. The surrounding area is
Rural Area containing single - family and duplex residences.
STAFF COMMENT:
Section 3.1 provides the following definitions that are relevant to this proposal:
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
scenic highway or by -way.
Skylight: Locating a personal wireless service facility in such as way that the sky is the backdrop
of any portion of the facility. Skylight has the same meaning as "skylining," as that term is used
in the wireless policy.
Tier H personal wireless service facility: A personal wireless service facility that is a treetop
facility not located within an avoidance area.
N
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) feel 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 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). A balloon test was conducted on February 27, 2012 that was attended by staff and
neighboring property owners. Pictures were taken from appropriate locations as deemed by the
Ordinance at both 7 feet and 10 feet above the tallest reference tree which are attached
[Attachment C]. An additional balloon test was recently performed to account for the change in
foliage.
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), The proposed facility 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 property is within a field and the proposed facility will be in small grove of trees. The
surrounding area is Rural containing single - family and duplex residences. The general location
of the proposed facility does not adequately provide an opportunity for screening and is largely
sky - lighted providing an increase in visability. The Personal Wireless Service Facilities Policy
( "Policy ") provides visibility standards and states that when sites are poorly located, they
become more visible. Additionally, the facility will be located on a parcel that is adjacent to a
single - family residence that fronts on Old Ballard Road and may be considered intrusive, one of
three adverse visual impact measures recognized in the Policy. The single family resident has
submitted a letter in opposition to this facility [Attachment D]. The Commission may recall that
the visibility of a tower from residences was an issue with the ATT Singleton Property PWSF.
However, the view from Old Ballard Road is minimal from the north due to a drop in elevation
and curvature of the road. The view south of the facility on Old Ballard Road can be seen at a
distance; but there are no homes as the area is in the floodplain. Additional views from adjacent
subdivisions were also minimal due to existing tree growth. Pictures from the balloon tests and
photo simulations of the proposed PWSF are attached [Attachment E & F].
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 will be no significant loss of resources related
to the installation of the tower.
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.
Although there are several 125 foot tall transmission towers within the area, there are no PWSF.
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.
The Applicant has stated that the maximum base of the proposed PWSF will be 30 inches, while
the maximum stop will be 18 inches as shown on the plans previously referenced as Attachment
A.
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 steel monopole will be approximately 556.3 feet AGL. and will place the
monopole at exactly 10 feet above the top elevation of reference tree, which is a 556.3 foot AGL
deciduous 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, 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.
The proposed steel monopole, all antennas and proposed equipment will be painted Sherwin
Williams Umbra Brown which is consistent with the PWSF Ordinance requirements.
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.
The Application Plan states that coax cables proposed with the new facility will run inside of the
tower which is consistent with the PWSF Ordinance Requirements.
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: Based upon findings represented in the Application and presented in
the report, Staff recommends denial of the personal wireless service facility.
5
ATTACHMENTS:
A. Site Plan
B. Vicinity Map
C. Balloon Test 1
D. Balloon Test II
E. Letter from Arthur & Alyson Valente
F. Applicant Photo Simulations