HomeMy WebLinkAboutSP201000032 Legacy Document 2012-06-21 (5)o� arm
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 2010 -32 Avon Street /Ross Property
Staff: Gerald Gatobu, Eryn Brennan
AT &T Tier III PWSF
Planning Commission Public Hearing:
Board of Supervisors Hearing:
March 1 st , 2011
TBD 2011
Owners: Ross, Walter B & Marion W
Applicant: Gerry Sharpe
Acreage: 12.77
Rezone from: Not applicable
(Lease Area: 1050 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 90, Parcel 14132
By -right use: RA, Rural Areas; and EC, Entrance
Location: 527 Woodchuck Lane off of Scottsville Road
Corridor Zoning;
[State Route 20]
Magisterial District: Scottsville
Proffers /Conditions: Yes
Requested # of Dwelling Units /Lots: N/A
DA - RA - X
Proposal: A one hundred and eleven (111) foot AT &T
Comp. Plan Designation: Rural Area in Rural Area 4.
treetop Personal Wireless Service Facility in an
Rural Areas — Preserve and protect agricultural,
avoidance area (Southern Albemarle Rural Historic
forestal, open space, and natural, historic and scenic
District)
resources/ density (.5 unit /acre in development lots)
Character of Property: The proposed site is located on
Use of Surrounding Properties: Single family
a parcel with an entrance off Scottsville Road [State
Residential homes
Route 20]. The lease area is wooded and there is an
existing single family home on the property.
Factors Favorable: The monopole and antennas are
Factors Unfavorable: The residential structure
highly mitigated. The tower will not be visible from the
located on the property is identified as a contributing
entrance corridor
resource to the Southern Albemarle Rural Historical
District.
Staff 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, with the condition outlined in the staff report.
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
PROPOSAL:
Gerald Gatobu; Eryn Brennan
March 1" 2011
TBD, 2011
SP 2010 -32: Avon Street /Ross Property — AT &T Tier III
Ross, Walter B & Marion W
Gerry Sharpe
Install a one hundred and eleven (I 11) foot AT &T treetop Personal Wireless Service Facility in
an avoidance area (Southern Albemarle Rural Historic District)
COMPREHENSIVE PLAN:
Rural Area in Rural Area 4. Rural Areas — Preserve and protect agricultural, forestal, open space,
and natural, historic and scenic resources /density (.5 unit /acre in development lots)
CHARACTER OF THE AREA:
The proposed site is located on a parcel with an entrance off Scottsville Road [State Route 20].
The lease area is wooded and there is an existing single family home on the property.
PLANNING AND ZONING HISTORY:
No prior planning and zoning history was found for this tax map and parcel number.
DISCUSSION:
This is a proposal to install a Tier III personal wireless service treetop facility. The proposed
tower is a tier III personal wireless facility because it is located within a historical district. If this
property was not located within the Southern Albemarle Rural Historical District, this
personal wireless service facility application would have been processed as a Tier II facility.
The tower will be located on property that is within the Southern Albemarle Rural Historical
District. Historic districts are identified as "avoidance areas" by the zoning ordinance.
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. (Added 10- 13 -04)
OA
Tier III personal wireless service facility or Tier III facility: A personal wireless service facility
that is neither a Tier I nor a Tier H facility, including a facility that was not approved by the
commission or the board of supervisors as a Tier H facility.
The proposed facility consists of an 111 -foot tall wood monopole to be painted Sherwin
Williams Java Brown, which is a color that has been previously approved as an appropriate color
for Tier II and Tier III facilities at other sites in Albemarle County. The top elevation of the
monopole is 810 feet, measured above mean sea level (AMSL). The proposed monopole will be
10 feet higher than the identified reference tree. The monopole will be equipped with three (3)
flush - mounted antennas, a two (2) foot long lightning rod, and coaxial cables that will be run in
the monopole's interior. Supporting ground equipment will be contained within a proposed 35'x
30' AT &T wood fence and lease area.
Access to the facility will be provided off an existing gravel access road off State Route 20
[Scottsville Road] and Woodchuck Lane (Private) that currently provides access to the property.
The gravel access road runs parallel to the tree line of the wooded area surrounding the location
of the proposed tower. The personal wireless service facility will be located approximately 112'
feet and 136' feet from the nearest side property lines, and approximately 166' feet away from
the existing house.
A balloon test was conducted on November 10th, 2010. The balloon was raised to the same
height as the proposed pole, 10' above the reference tree. The balloon was minimally visible to
almost invisible from various sections of the entrance corridor. Visibility of the proposed
monopole at ten feet above the tallest tree is not expected to have any negative impacts on the
State Route 20 (entrance corridor). The ground equipment is not expected to be visible due to the
vegetation existing between the state road and the facility.
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?
Based on the antenna's location and the results of the balloon test, it is staff's opinion that the
proposal will not impose any substantial detriment to adjacent property. The proposed tower
will have minimal visual impact to adjacent properties and the equipment shelter will be
screened from adjacent properties by existing trees.
Will the character of the zoning district change with this use?
The site of the proposed facility will require little to no additional land disturbance. The
addition of the personal wireless service facility at this location will not adversely impact the
visual character of the area.
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
Section 1.4 of the Zoning Ordinance, and as it relates to the intent specified in the Rural Areas
chapter of the Zoning Ordinance (Section 10.1). The public health, safety, and general welfare
of the community is protected through the special use permit process which assures that uses
approved through the special use permit process are appropriate in the location requested.
This request is consistent with both sections.
Will the use be in harmony with the uses permitted by right in the district?
The addition of the personal wireless facility will not adversely impact the visual character of
the area, and will not restrict any nearby by -right uses within the Rural Areas district.
Will the use comply with the additional regulations provided in Section 5.0 of this
ordinance?
The use will comply with the additional regulations provided in Section 5.0. A detailed
analysis of section 5.1.40 is provided below. Additionally, In order to operate this facility, the
applicant is required to comply with all Federal Communication Commission (FCC)
guidelines that are intended to protect the public health and safety from high levels of radio
frequency emissions and electromagnetic fields that are associated with wireless broadcasting
and telecommunications facilities.
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 which assures that uses approved through the special use permit
process are appropriate in the location requested. In this case, the proposed facility will give
AT &T the ability to offer another choice of personal wireless service communication by
providing a full range of voice and data services in addition to the required E911 call services.
This can be seen as contributing to the public health, safety and welfare on a regional level.
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 31.2.4 of this chapter, initiated upon an
application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, 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 31.2.4 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(h (L-51. Exemption from regulations otherwise applicable: Except as
otherwise exempted in this paragraph, each facility shall be subject to all applicable regulations
in this chapter.
AT &T's equipment shelter will meet the required Rural Areas setbacks in addition to all other
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area and bulk regulations and minimum yard requirements. Attached site drawings, antennae and
equipment specifications [Attachment A] have been provided to demonstrate that personal
wireless service facilities (PWSF) regulations and any relevant 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 shallprovide a statement to the agent certifying that
the height of all components of the facility complies with this regulation.
The proposed monopole does not require the installation of guy wires, nor will it be fitted with
any whip antennas. The proposed grounding rod complies with the size requirements. The
facility will only have one outdoor light fixture attached to the proposed shelter and it will only
be used by AT &T's technical operations staff during times when night -time maintenance of the
site is necessary. The proposed light fixture shall be shielded in accordance with the Albemarle
County lighting ordinance requirements and operated by motion sensor. The proposed lighting is
for temporary maintenance and security purposes only.
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.
The proposed antennae configuration will consist of three sectors each with a panel antenna. The
antennas will not exceed one thousand one hundred fifty two (1152) square inches. These
antennas will be installed using 2 and 3/8 "pipe- mounts" that will allow for any required amount
of down - tilting without exceeding the County's requirements for flush - mounts (12- inches
maximum between the face of the monopole and the face of the antenna). All antennas will be
painted to match the color of the tower.
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
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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.
AT &T must /will provide a tree conservation plan prepared by a certified arborist prior to
issuance of a building permit.
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.
AT &T must /will provide a tree conservation plan prepared by a certified arborist prior to
issuance of a building permit.
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
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.
Should use of the antenna site in this location become discontinued at anytime in the future,
AT &T and /or its assignee(s) will be required to remove the facility within 90 days.
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 I 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.
After the proposed personal wireless service facility has been installed, AT &T must submit
annual reports updating the user status and equipment inventory of the facility within the
required time period.
Co
Subsection 5.1.40(c)( . 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.
The installation of this facility and accessory uses does not create slopes steeper than 2: f or
greater.
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.
A chain link fence to enclose a proposed shelter, and landscaping to screen the shelter from Rio
Road were approved with SP2008 -12. The existing fence and landscaping is not detrimental to
the public health, safety or general welfare or the character of the area.
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
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.
The proposed facility includes a monopole that would have a height of approximately 111 feet
above ground level (AGL) or 810' feet above mean sea level (AMSL). The height of the
reference tree is approximately 800' feet above mean sea level (AMSL) and is located 25 feet
from the proposed monopole.
A balloon test was conducted on November 10, 2010 [Attachment D]. During the site visit, the
balloon was launched close to the proposed monopole location. The balloon was raised to the
same elevation as the proposed pole, ten (10) feet above the reference tree. Scottsville Road
[State Routes 20] was traveled to determine the extent of visibility of the proposal. The balloon
was only visible for a very short distance at the entrance off State Route 20.
The monopole at the proposed elevation of ten (10) feet above the reference tree is not expected
to have an adverse impact on the State Route 20 entrance corridor due to its limited visibility. It
is also anticipated that the limited visibility of the monopole will be noticeably reduced when the
trees are in full foliage. The ground equipment will not be visible from the entrance corridor. The
remaining trees and the "Java Brown" color of the monopole and antennas are expected to
further limit views of the facility.
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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.
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. The property [Tax Map 90 Parcel 14B2] is in the Southern Albemarle
Rural Historical District. This tower will not impact any adjacent properties, and there will be
no significant loss of historical resources related to the installation of the tower. The lead
architectural and historical review senior planner has offered the following comments:
`The proposed site for the facility is located in the Southern Albemarle Rural Historic District,
and the residential structure located on the property is identified as a contributing resource to
the district. The facility is proposed approximately 150 feet southeast of the residence, and
would be easily visible from the residence. This degree of visibility would have a negative
impact on the resource. However, the balloon was not visible from other locations visited
within the district, and the heavily wooded site and wooded, mountainous surroundings
sufficiently reduce visibility of the facility from important public views and adjacent properties
in the district. Although the individual property would be impacted, the proposal is not
expected to have a detrimental impact on the historic district in general':
The monopole at the requested height of 10' above the reference tree is not expected to have a
detrimental impact on important public views or historic landscapes because it would not
visually overwhelm its surroundings, dominate the setting, or create a focal point. It is not
anticipated that the public will be visually aware of the proposal, allowing their enjoyment of the
rural historic district to remain undisrupted; hence, adverse impacts on the scenic quality of the
district are not anticipated.
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 Historic Resources). The proposed pole is not expected
to be visible when traveling on State Route 20 [entrance corridor]. As mentioned above, the
degree of visibility is not expected to have a negative impact on the entrance corridor, or the
historical district. The Architectural Review Board staff has recommended approval; therefore, it
is staff's opinion that the limited visibility of the monopole will not adversely impact entrance
corridor or historic district resources.
A tree conservation plan and a certified arborist report with measures limiting the impacts to
existing trees will be submitted prior to building permit application/issuance.
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 monopole will have a height of approximately 810' feet above mean sea level
(AMSL). The height of the reference tree is approximately 800' feet above mean sea level
(AMSL). The proposed monopole will be (10) feet taller than the tallest tree within twenty -five
(25) feet. The height approved by the Planning 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 10 feet above
the tallest tree. Based on the balloon test mentioned above, staff determined that there
would be little or no material difference in the visibility of the monopole at the proposed
height of ten (10) feet above the tallest tree, rather than at a 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, 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 applicant is proposing the installation of a facility with a steel monopole. The proposed
tower and equipment cabinet are to be painted Sherwin Williams Java Brown to match existing
surroundings.
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 32.2.4):
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
X
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.
SUMMARY OF STAFF REVIEW:
Factors favorable:
Staff has identified the following favorable factors:
1. New ground equipment cabinet will not be visible from the entrance corridor and neighboring
properties.
2. Minimal clearing and tree removal is necessary for the placement of the monopole, antennas,
and equipment.
Factors Unfavorable:
Staff has identified the following factors as unfavorable to this request:
1. The residential structure located on the property is identified as a contributing resource to the
Southern Albemarle Rural Historical District.
RECOMMENDED ACTION:
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, with the
following conditions:
1. The proposed personal wireless service facility must be developed in general accord with
the plan prepared by SAI Communications with a revision date of 12 -2 -2010, and a
certified engineer's seal and signature dated 12 -02 -2010.
ATTACHMENTS:
A. Site Plan
B. Aerial Map
C. Architectural Review Board Staff Comments
D. Balloon Test Photographs
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Motion: The Planning Commission's role in this case (SP2010 -32) 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 2010 -32 Avon Street /Ross Property AT &T
Tier III PWSF with the condition and 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 2010 -32 Avon Street /Ross Property AT &T Tier
III PWSF. (Planning Commission needs to give a reason for denial)
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