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HomeMy WebLinkAbout2002-03-20 NightTEN T A TI V E MARCH20;2002 7i00PiM M EETINGROOM241 COUN~¥OFFICESUILDIN 2. 3. 4. 5. 6. 10. 11. 12. 13. Call to Order. Pledge of Allegiance. Moment of Silence. From the Public: Matters Not Listed on the Agenda. Consent Agenda (on next sheet). Public hearing to receive comments on proposed application for Community Development Block Grant Funding - Whitewood Village Apartments. SP-2001-038. American Tower Site No: 10109 Ch'ville - Shadwell (Sign # 66&67). Public hearing on a request to allow replacement of existing 296' tall guyed telecommunications tower w/new 260' tall tower, which would structurally allow the collocation of add'l antennae & ground-based facilities on 3 acs, znd RA. This proposal is being made in accord w/Sec 10.2.2.6 of the Zoning Ord. TM78, P51C. Located approxi 1 mi E of Lego Dr (Rt 1090), nearly 1/3 mi N of the intersec w/Hansen's Mountain Rd (Rt 1777) & is adj to Ashcroft Subd. Rivanna Dist. SP-2001-038. American Tower Site No: 10109 Ch'ville - Shadwell (Sign # 66&67). Appeal of Planning Commission's denial of waiver of setback requirements. SP-2001-058. Certified Environmental Drilling (Sign #21&22). Public hearing on a request to allow a well drilling/pump service business in accord w/Sec 10.2.2.31 of the Zoning Ord. TM19, P34, contains 3.25 acs. Located on Rt 604, approxi 1,700 feet N from the intersec of Rt 664 & Rt 604. Znd RA. White Hall Dist. SP-2001-059. Calvary. Baptist Church Addition (Sign #40). Public hearing on a request for construction of 4080 sq ft add'n onto an existing church, addit'l parking & relocation of driveway entrance on 2.997 acs, znd R1. The driveway is to be aligned w/Southern Parkway. This permit would allow the use to become conforming and would allow the aforementioned expansion of the use. This proposal is being made in accord w/Sec 13.2.2 of the Zoning Ord. TM77, P43. Located on Avon St Extd across from Southern Parkway. Scottsville Dist. Approval of Minutes: September 27 and October 3, 2001; January 9, January 16 and February 13, 2002. From the Board: Matters not Listed on the Agenda. Adjourn to March 25, 2002, 1:30 p.m. (if necessary). FOR APPROVAL: 5.1 Set public hearing on an ordinance to amend County Code Section 2-502, Concealed Handgun Permits, to repeal the requirement of a national criminal records check for concealed handgun permits. FOR INFORMATION: 5.2 2001 Fourth Quarter Building Report, as prepared by the Department of Planning and Community Development. 5.3 2001 Year End Building Report, as prepared by the Department of Planning and Community Development. 5.4 Copy of letter dated March 1, 2002 from Bernice C. Unland, Director, Department of Housing and Urban Development, Section 8 Financial Management Center, to Ron L. White, Housing, re: Under-Utilization of Section 8 Rental Assistance, VA036, Your Fiscal Year Ended June 30, 2001. 5.5 Letter dated February 28. 2002 from W. Scott Benton, Environmental Engineer, Department of Environmental Quality, Valley Regional Office, to Sally Thomas, Chairman, re: Reissuance of VPDES Permit No. VA0087351, Virginia Oil- Charlottesville. 5.6 Copy of draft Planning Commission minutes for January 22, February 5, February 12, February 19 and February 26, 2002. Return to Regular Agenda ACTIONS Board of Supervisors Meeting of March 20, 2002 March 21,2002 AGENDA ITEM/ACTION ASSIGNMENT BUDGET WORK SESSION · The Board requested an update on the SPCA funding request at the April 3rd Board meeting. · The Board also requested a general overview of the plans for GIS. Work Session: School Budqet/Compensation · The Board of Supervisors DIRECTED staff to move forward with a 3.3% salary increase for both teachers and classified employees; a $3,$40 Board contribution to cover the full increase in medical insurance; and staff to develop a long-term plan to reach market for classified employees. 1. Call to Order. REGULAR NIGHT MEETING 4. From the Public: Matters Not Listed on the Agenda. · There were none. 5.1 Set public hearing on an ordinance to amend County Code Section 2-502, Concealed Handgun Permits, to repeal the requirement of a national criminal records check for concealed handgun permits. · SET public hearing for April 17, 2002. Public hearing to receive comments on proposed application for Community Development Block Grant Funding - Whitewood Village Apartments. ADOPTED Resolution to apply for $465,160 in CDBG funding from DHCD, with funding to be secured by deed of trust on property to ensure that property remains affordable for minimum of 20 years. In addition the Board encouraged the use of Albemarle Housing Initiative Funds (AHIF) and other funds leveraged by AHIF as permanent financing to support the project. SP-2001-038. American Tower Site No: 10109 Ch'ville- Shadwell (Si,qn # 66&67). APPROVED SP-2001-038 subject to ten conditions SP-2001-038. American Tower Site No: 10109 Ch'ville- Shadwell - Waiver Request. GRANTED waiver of Section 4.10.3.1 of the Zoning Ordinance. SP-2001-058. Certified Environmental Drillinq (Si,qn #21&22). APPROVED SP-2002-055 subject to the four conditions recommended by the Planning Commission. 10. SP-2001-059. Calvary Baptist Church Addition (Si,qn #40). · APPROVED SO-2001-059 subject to the six conditions recommended by the Planning Commission. Clerk: Include on April 3ra agenda. Clerk: Include on May 1st agenda. Human Resources staff: Proceed as directed. Meeting was called to Order at 7:04 p.m., by the Chairman. All BOS members, except David Bowerman, were present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. Clerk: Advertise public hearing and schedule on A~ 7th agenda. Clerk: Forward adopted resolution to Ron White. (Attachment 1) Clerk: Set out conditions in Attachment 2. Clerk: Set out conditions in Attachment 2. Clerk: Set out conditions in Attachment 2. 13. Adjourn to March 25, 2002, 1:30 p.m. · At 9:40 p.m. the meeting was adjourned until March 25th. Attachment 1 - CDBG Funding Resolution Attachment 2 - List of Conditions on Planning items RESOLUTION Attachment I WHEREAS, the County of Albemarle is committed to ensuring that safe, decent, affordable, and accessible housing is available for all residents; and WHEREAS, the County of Albemarle is committed to improving the livability of all neighborhoods and access to support services by residents; and WHEREAS, the County of Albemarle is committed to preserving, to the extent possible, all existing affordable housing stock; and WHEREAS, pursuant to public hearings held on February 20, 2002 and March 20, 2002 the County of Albemarle wishes to apply for $465,160 in Community Development Block Grant funds for a Community Service Facility Project for the Whitewood Village Apartments; and WHEREAS, other resources estimated in excess of $9,000,000 including, but not limited to, VHDA loans, Low-Income Housing Tax Credits, HOME funds, Federal Home Loan Bank, Virginia Housing Partnership Fund, the Albemarle Housing Initiative Fund, and funds leveraged by the Albemarle Housing Initiative Fund will be invested in the project; and WHEREAS, one hundred percent (100%) of the population residing at Whitewood Village Apartments is very-low and extremely-low income, all receiving rental assistance through project-based vouchers; and WHEREAS, the project-based contract expires beginning in the summer of 2002; and WHEREAS, the current owners have indicated a desire to sell the property and have executed an option with the Albemarle Housing Improvement Program as purchaser; and WHEREAS, the projected benefits of the project include: Rehabilitation of 96 affordable rental units benefiting approximately 350 persons, one-third of whom are children; Construction of a community center; and Provision of services to enhance the livability and improved self-sufficiency of the tenants. NOW, THEREFORE, BE IT RESOLVED that Robert W. Tucker, Jr., County Executive, is hereby authorized to sign and submit the appropriate documents for applying for this Virginia Community Development Block Grant application. Attachment 2 Agenda Item No. 7. SP-2001-038. American Tower Site No: 10109 Ch'ville- Shadwell (Si,qn # 66&67). Public hearing on a request to allow replacement of existing 296' tall guyed telecommunications tower w/new 260' tall tower, which would structurally allow the collocation of add'l antennae & ground-based facilities on 3 acs, znd RA. This proposal is being made in accord w/Sec 10.2.2.6 of the Zoning Ord. TM78, P51C. Located approxi 1mi E of Lego Dr (Rt 1090), nearly 1/3 mi N of the intersec w/Hansen's Mountain Rd (Rt 1777) & is adj to Ashcroft Subd. Rivanna Dist. 1. The facility shall be designed, constructed and maintained as follows: The top of the tower shall not exceed an above ground level (AGL) height of two hundred sixty (260) feet, and a total height of 1029.12 feet above sea level (ASL). Within one (1) month after the completion of the tower installation, the applicant shall provide a statement to the Planning Department certifying the height of the tower, measured both in feet AGL and in elevation ASL; With the exception of the safety lighting required be Federal Aviation Administration (FAA) regulations, outdoor lighting shall be permitted only during maintenance periods. Regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance. The safety lighting shall use a type of shielding with ten (10) degrees cut-off to prevent downward lighting, similar to that described in the applicant's submittal, compatible with the examples of the "Fresnel Lens" provided in the applicant's submittal entitled "Overview for Zoning Considerations"; With the exception of a grounding rod and the safety lighting required by the FAA, no equipment shall be permitted to extend above the highest portion of the tower; All utility buildings and equipment cabinets within the facility shall be screened from the adjacent parcel located east of the site with a shade tolerant species of evergreen vegetation, subject to the approval of the Department of Planning and Community Development and the Landscape Planner; The new ground equipment cabinets shall be painted a dark brown in color, and the new concrete pad shall be tinted earth-tone, and shall be no larger than the specifications set forth in the attached plans entitled "American Tower Limited Partnership (Charlottesville VA-10109 )", dated August 23, 2001 and revised on January 25, 2002; and Unless expressly required by FAA regulations, the facility color shall be approved by the Director of Planning and Community Development. Any future FAA requirement to paint the tower shall be documented and submitted to the Zoning Administrator for inclusion with the permanent file for this request. 2. Equipment shall be attached to the structure only as follows: The microwave dish currently attached at a height of one hundred ninety-eight (198) feet AGL or lower and the FM broadcasting antenna at one hundred eighty (180) feet AGL shall be removed from the tower; A whip antenna, not exceeding six (6) inches in diameter; Five (5) arrays of flush-mounted panel antennas, which shall not exceed eight and one-half ($-1/2) feet each in length and twelve (12) inches in width. None of the panel antennas shall project from the reinforcing structure beyond the minimum required by the mounting equipment, and in no case shall an antenna project more than eight and one-half ($-1/2) inches from the reinforcing structure. Notwithstanding the foregoing, the panel antennas mounted at two hundred six 10. (206) feet AGL shall not project more than eight feet and one-half inches (8-1/2) from the reinforcing structure. Provided, however if the panel antennas are replaced at any time, they shall be flush-mounted as provided above; Each antenna and its associated mounting equipment shall be painted a color that matches that of the tower reinforcing structure; No antenna shall be located above the two hundred forty-four (244) foot AGL height on the tower; and No building permit shall be issued for a Nextel Partners antenna until a written certification is obtained from the Emergency Communications Center (ECC) that it will not unreasonably interfere with the proposed ECC 800 mhz communications system. Prior to beginning the modification of the tower and its guy wires or installation of the new ground equipment cabinet pad, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed at this site shall be submitted to the Director of Planning and Community Development for approval. All construction or installations associated with expansion of the facility, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director, the applicant shall not remove existing trees within two hundred (200) feet of the fenced facility site and guy wires, or the existing vehicular or utility access areas; The personal wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued; The applicant, or any subsequent owners, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each user of the facility that is a wireless telecommunications provider; The applicant shall provide adequate area for one (1) parking space; The Engineering Department shall grant approval of an erosion and sediment control plan prior to the issuance of a building permit; No slopes associated with construction 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 applicant shall submit a revised set of site plans to the Department of Planning and Community Development. Prior to the issuance of a building permit for construction of the facility, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit and all applicable provisions of Section 5.1.40b have been addressed with the final revisions of the construction plans; and If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney; Agenda Item No. 9. SP-2001-058. Certified Environmental Drilling (Sign #21&22). Public hearing on a request to allow a well drilling/pump service business in accord w/Sec 10.2.2.31 of the Zoning Ord. TM19, P34, contains 3.25 acs. Located on Rt 604, approxi 1,700 feet N from the intersec of Rt 664 & Rt 604. Znd RA. White Hall Dist. All outdoor storage shall be contained behind the fenced area as shown on the physical survey dated November 1, 1991 and shall not exceed the height of the fence. Outdoor storage of materials shall not be visible from Route 604; No more than three (3) work-related vehicles, plus trencher trailer, shall be parked on the site at any given time (one drill rig, one support truck, and one truck with a trencher trailer); 3. Parking setbacks shall be established as fifty (50) feet from all property lines or rights-of-way; and The tree line located on the southern and western boundary of the property shall be preserved to maintain a buffer from adjoining properties. Agenda Item No. 10. SP-2001-059. Calvary Baptist Church Addition (Sign #40). Public hearing on a request for construction of 4080 sq ft add'n onto an existing church, addit'l parking & relocation of driveway entrance on 2.997 acs, znd R1. The driveway is to be aligned w/Southern Parkway. This permit would allow the use to become conforming and would allow the aforementioned expansion of the use. This proposal is being made in accord w/Sec 13.2.2 of the Zoning Ord. TM77, P43. Located on Avon St Extd across from Southern Parkway. Scottsville Dist. The church's improvements and the scale and location of the improvements shall be developed in general accord with the submitted preliminary site plan entitled, "Site Plan, Calvary Baptist Church," prepared by David Wyant, P.E., and dated January 4, 2002; The total square footage of the building including the proposed expansion shall not exceed eleven thousand, five hundred (11,500) square feet; Yards and setbacks for structures shall be in accord with the R-1 setbacks, as specified in Section 13.3 in the Zoning Ordinance, to be in effect on March 20, 2002. Parking areas shall be setback at least ten (10) feet from all property lines, except the southern portion of the property that abuts the Southside Shopping Center; There shall be no day care center or private school on site without approval of a separate special use permit, or amendment to this permit; VDOT approval of the proposed entrance aligning with the Southern Parkway must be granted prior to final site plan approval; and A tree conservation plan for the rear forested area of critical slopes in accordance with Section 32.7.9.4(b) shall be submitted with the final site plan. It may only be disturbed under the conditions of connecting to the available public sewer in the rear of the property. Following such activity, the slopes shall be reconstructed and replanted as deemed necessary to comply with Engineering requirements and the approved final site plan. The tree conservation plan shall be subject to review and approval by the Planning Director. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Amendment of County Code § 2-502, Concealed Handgun Permits SUBJECT/PROPOSAL/REQUEST: Request to set public hearing to amend § 2-502 of the County Code to repeal the requirement of a national criminal records check for concealed handgun permits STAFF CONTACT(S): Messrs. Tucker/Davis AGENDA DATE: March 20, 2002 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: X INFORMATION: ATTACHMENTS: REVIEWED BY: ACTION: Draft Ordinance; Sheriff's letter Go to Recommendation BACKGROUND: In 1997, at the request of the County Sheriff, County Code § 2-502 was adopted to require that personal information and fingerprints be taken from all applicants for a concealed handgun permit and that this information be forwarded through the Central Criminal Records Exchange of the State Police to the FBI for the purpose of obtaining a national criminal records check. The FBI will not process fingerprints submitted for national records checks for concealed handgun permits unlessthe locality has adopted an ordinance requiring such a records check. A national criminal records check is not required by State law. Virginia Code § 18.2-308 (D) requires the circuit court to consult "the law-enforcement authorities of the county" and receive "a report from the Central Criminal Records Exchange" before issuing a concealed handgun permit. If all applicable requirements are met, the permit is to be issued within 45 days of the receipt of a completed application. Certain criminal convictions disqualifies an applicant. A Central Criminal Records Exchange criminal history is based on personal information alone and can be accessed almost immediately. It is essentially a criminal history of record in Virginia and some cooperating states and may not reveal criminal history from other states and does not use fingerprints to reveal aliases or false identities. The national criminal records check currently costs $24 per applicant and takes six weeks or longer to be processed. It compares the applicant's fingerprints to establish whether the applicant has a criminal record in the FBI's national data base. Generally the records checks are completed after a permit has been issued. In calendar year 2000, 161 applications were processed. In 2001, 126 applications were processed. A $50 application fee is charged by the County. Under State law that is the maximum fee permitted. (State law designates that the clerk of court fee is $10, the local law enforcement fee is $35, and the State Police fee is $5.) DISCUSSION: The County Sheriff has requested that County Code § 2-502 be repealed or amended to remove the requirement that he conduct a national records check on each concealed handgun permit applicant. The only identified benefit of a national records check is that it can be the basis to revoke a concealed handgun permit or prosecute an applicant for perjury if it reveals that an applicant has falsely completed an application and has a criminal history not reported by the CCRE or concealed by false identities or aliases. It is unknown if the national criminal record check is a deterrent to false applications. The Sheriff reports that the national criminal records check rarely reveals any unknown criminal history. It is his opinion that the cost of the records check outweighs its value. The attached ordinance would repeal the requirement that the Sheriff conduct a national criminal records check. RECOMMENDATION: If the Board concurs with the Sheriff's request, staff recommends that the attached ordinance be set for a public hearing on April 17, 2002. DRAFT: March 13, 2002 ORDINANCE NO. 02-2( ) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE V, LAW ENFORCEMENT, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article V, Law Enforcement, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 2-502, Concealed Handgun Permits, as follows: CHAPTER 2. ADMINISTRATION ARTICLE V. LAW ENFORCEMENT Sec. 2-502 Concealed handgun permits. As a condition for issuance of a concealed handgun permit pursuant to Virginia Code {} 18.2-308, and in order to determine the suitability for a concealed handgun permit, any applicant for such permit who resides in the county shall be fingerprinted by the sheriff and shall provide [' ,"ersona~,, ,['~,aescr;"*;ve,.~,~.,,,,~,,~.;-*'~'~'~o*;~'-. T~ ~ ...... ;.,~ ~.a ....... ~ a .... ;~,;..~ ;.C .... ,;~. ~, ~ (Ord. 97-10.1(1), 8-6-97, {} 10.1-4; Ord. 98-A(1), 8-5-98; Ord. 02-2(1), 4-17-02) Return to Executive Summary Recommendation Return to Consent Agenda Return to Regular Agenda I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of __ to __, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Mr. Bowerman Mr. Dorrier Mr. Rooker Mr. Martin Aye Nay DRAFT: March 13, 2002 Mr. Perkins Ms. Thomas 2001 FOURTH QUARTER BUILDING REPORT County of Albemarle Department of Planning and Community Development Office of Mapping, Graphics, and Information Resources (OOMGAIR) 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A & B) I1. Comparison of Residential Dwelling Units by Type (Charts C, D, & E) II1. Comparison of All Building Permits (Chart F) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SF/TH DUP MF MHC AA Single-Family (includes modular) Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not in an existing park) Accessory Apartment Return to Consent Agenda Return to Regular Agenda -2- During the fouilh quailer of 2001, 129 building permits were issued for 158 dwelling units. In addition, 7 permits were issued for mobile homes in existing parks at an exchange value of $2,500, for a total of $17,500. I, COMPARISON OF NEW RESIDENTIAL DWELLING UNITS BY MONTH Chail A. Nine Year Comparison of New Residential Dwelling Units by Month MONTH 1993 1994 1995 1996 1997 1998 1999 2000 2001 JAN 49 190 50 26 54 38 49 52 52 FEB 56 53 43 44 44 39 84 43 39 MAR 58 72 47 61 57 65 65 54 54 APR 76 69 46 71 75 62 102 63 62 MAY 45 60 41 63 118 65 55 72 196 JUN 79 70 62 41 89 85 75 50 181 JUL 81 186 51 87 59 74 69 56 46 AUG 116 49 44 105 34 221 56 65 55 SEP 45 47 56 64 48 68 68 49 32 OCT 68 51 42 186 216 61 48 48 86 NOV 65 60 66 43 49 48 42 49 36 DEC 67 32 48 44 62 48 57 49 36 TOTAL 805 939 596 835 905 874 770 650 875 Cha~ B. Three Year Comparison of New Residential Dwelling Units by Month 24O IChart B: Three Year Comparison of New Residential Dwelling Unit by MonthI 220 200 180 160 140 120 100 80 60 4O 2O 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTH ED1999 []2000 12001 ] Prepared by the Albemarle Coun~ Office of Mapping, Graphics, and Information Resources (OOMGAIR) -3- Quarter 4, 2001 I1. COMPAI~ISON OF I~ESIDENTIAL DWELLING UNITS Char~ C. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA UNITS UNITS RIO 9 0 0 0 0 0 0 9 6% JACK JOUETT 1 0 0 0 0 0 0 1 1% RIVANNA 24 12 16 0 0 3 1 56 35% SAMUEL MILLER 16 6 0 0 0 1 1 24 15% SCOTTSVILLE 9 0 0 0 30 4 0 43 27% WHITE HALL 25 0 0 0 0 0 0 25 16% TOTAL 84 18 16 0 30 8 2 158 100% Char~ D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL SF SFA SF/TH DUP MF MHC AA UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 13 0 0 0 0 0 0 13 URBAN NEIGHBORHOOD 3 1 0 0 0 0 0 0 1 URBAN NEIGHBORHOOD 4 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 5 3 6 0 0 30 0 0 39 URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 CROZET COMMUNITY 8 0 0 0 0 0 0 8 HOLLYMEAD COMMUNITY 11 12 8 0 0 3 0 34 PINEY MOUNTAIN COMMUNITY 0 0 8 0 0 0 0 8 RIVANNA VILLAGE 2 0 0 0 0 0 0 2 DEVELOPMENT AREA SUBTOTAL 38 18 16 0 30 3 0 105 RURAL AREA 1 11 0 0 0 0 0 0 11 RURAL AREA 2 5 0 0 0 0 0 1 6 RURAL AREA 3 20 0 0 0 0 0 0 20 RURAL AREA 4 10 0 0 0 0 5 1 16 RURAL AREA SUBTOTAL 46 0 0 0 0 5 2 53 TOTAL 84 18 16 0 30 8 2 158 Prepared by the Albemarle Coun~ Office of Mapping Graphics, and Information Resources (OOMGAIR) -4- Quarter 4, 2001 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Chart E. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA UNITS UNITS Agnor-H urt 11 0 0 0 0 0 0 11 7% Broadus Wood 9 0 0 0 0 3 0 12 8% Brownsville 12 0 0 0 0 0 0 12 8% Crozet 8 0 0 0 0 0 0 8 5% Greer 0 0 0 0 0 0 0 0 0% Hollymead 0 2 16 0 0 0 0 18 11% Meriwether Lewis 5 0 0 0 0 0 0 5 3% Murray 4 0 0 0 0 0 0 4 3% Red Hill 3 0 0 0 0 1 1 5 3% Cale 3 6 0 0 30 0 0 39 25% Scottsville 4 0 0 0 0 0 0 4 3% Stone Robinson 3 0 0 0 0 3 1 7 4% Stony Point 5 0 0 0 0 0 0 5 3% Woodbrook 13 10 0 0 0 0 0 23 15% Yancey 4 0 0 0 0 1 0 5 3% TOTAL 84 18 16 0 30 8 2 158 100% III. COMPARISON OF ALL BUILDING PERMITS Chart F. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW *NEW NON-RES. NEW COMMERCIAL FARM BUILDING TOTAL DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ RIO 9 $ 2,350,712 16 $ 415,654 5 $ 24,223,322 4 166,000 34 $ 27,175,666 JOUETT 1 $ 150,000 7 $ 335,000 0 $ 0 6 $ 465,000 RIVANNA 56 $ 5,222,539 43 $ 1,306,695 6 $ 7,265,117 10 $ 1,600,001 115 $ 15,414,552 S. MILLER 24 $ 4,929,732 41 $ 1,906,255 0 $ 3 $ 62,000 66 $ 6,917,967 SCOTTSVILLE 14 $ 3,451,545 26 $ 372,657 2 $ 111,500 6 $ 394,000 46 $ 4,329,902 WHITE HALL 25 $ 5,974,400 41 $ 751,566 0 $ 3 $ 61,000 69 $ 6,606,966 TOTAL 129 $ 22,076,926 174 $ 5,066,229 13 $ 31,619,939 26 $ 2,343,001 342 $ 61,130,097 Additional value of mobile homes placed in existin( parks is included in Residential Alteration Category. Prepared by the Albemarle County Office of Mapping, Graphics, and Information Resources (OOMGAIR) 2001 YEAR END BUILDING REPORT County of Albemarle Department of Planning and Community Development Office of Mapping, Graphics, and Information Resources (OOMGAIR) 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A & B) II. Comparison of Residential Dwelling Units by Type (Charts C, D, & E) III. Comparison of Ail Building Permits (Chart F) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SF/TH DUP MF MHC AA Single-Family (includes modular Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not Accessory Apartment in an existing park) Return to Consent Aqenda Return to Reqular Aqenda -2- During the year of 2001,595 building permits were issued for 875 dwelling units. In addition, 12 permits were issued for mobile homes in existing parks at an exchange value of $2,500, for a total of $30,000. I. COMPARISON OF NEW RESIDENTIAL DWELLING UNITS BY MONTH Chart A. Nine Year Comparison of New Residential Dwelling Units by Month MONTH 1993 1994 1995 1996 1997 1998 1999 2000 2001 JAN 49 190 50 26 54 38 49 52 52 FEB 56 53 43 44 44 39 84 43 39 MAR 58 72 47 61 57 65 65 54 54 APR 76 69 46 71 75 62 102 63 62 MAY 45 60 41 63 118 65 55 72 196 J U N 79 70 62 41 89 85 75 50 181 J U L 81 186 51 87 59 74 69 56 46 AUG 116 49 44 105 34 221 56 65 55 SEP 45 47 56 64 48 68 68 49 32 OCT 68 51 42 186 216 61 48 48 86 NOV 65 60 66 43 49 48 42 49 36 DEC 67 32 48 44 62 48 57 49 36 TOTAL 805 939 596 835 905 874 770 650 875 Chart B. Three Year Comparison of New Residential Dwelling Units by Month 24O Chart B: Three Year Comparison of New Residential Dwelling Unit by MonthI 22O 2OO I- ~ 180 '-' 160 z 140 120 ~00 so ,, ~0 © {5 40 20 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTH ID1999 [] 2000 · 2001 Prepared by the Albemarle County Office of Mapping, Graphics, and Information Resources (OOMGAIR) -3- YEAR END, 2001 I1. COMPARISON OF RESIDENTIAL DWELLING UNITS Chart C. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA UNITS UNITS RIO 17 0 0 0 0 0 0 17 2% JACK JOUETT 9 0 0 0 0 0 1 10 1% RIVAN NA 148 38 45 0 265 19 6 521 60% SAMUEL MILLER 83 14 0 0 0 2 2 101 12% SCOTTSVILLE 43 2 0 0 30 9 0 84 10% WHITE HALL 137 0 0 0 0 3 2 142 16% TOTAL 437 54 45 0 295 33 11 875 100% Chart D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL SF SFA SF/TH DUP MF MHC AA UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 41 $ 5 0 0 0 1 55 URBAN NEIGHBORHOOD 3 11 0 0 0 265 0 0 276 URBAN NEIGHBORHOOD 4 $ 2 0 0 0 0 0 10 URBAN NEIGHBORHOOD 5 26 14 0 0 30 0 0 70 URBAN NEIGHBORHOOD 6 3 0 0 0 0 0 0 3 URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 CROZET COMMUNITY 64 0 0 0 0 0 0 64 HOLLYMEAD COMMUNITY 31 30 25 0 0 19 2 107 PINEY MOUNTAIN COMMUNITY 0 0 15 0 0 0 0 15 RIVANNA VILLAGE 21 0 0 0 0 0 1 22 DEVELOPMENT AREA SUBTOTAL 205 54 45 0 295 19 4 622 RURAL AREA 1 56 0 0 0 0 3 3 62 RURAL AREA 2 57 0 0 0 0 0 2 59 RURAL AREA 3 77 0 0 0 0 2 1 80 RURAL AREA 4 42 0 0 0 0 9 1 52 RURAL AREA SUBTOTAL 232 0 0 0 0 14 7 253 TOTAL 437 54 45 0 295 33 11 875 Prepared by the Albemarle County Office of Mapping Graphics, and Information Resources (OOMGAIR) -4- YEAR END, 2001 I1. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Chart E. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA UNITS UNITS Agnor-Hurt 35 8 5 0 0 0 1 49 6% Broadus Wood 37 0 0 0 0 20 2 59 7% Brownsville 64 0 0 0 0 1 0 65 7% Crozet 42 0 0 0 0 1 0 43 5% Greer 1 0 0 0 0 0 0 1 0% Hollymead 1 2 40 0 0 0 0 43 5% Meriwether Lewis 22 0 0 0 0 1 1 24 3% Murray 25 0 0 0 0 0 1 26 3% Red Hill 15 0 0 0 0 2 1 18 2% Cale 36 16 0 0 295 0 0 347 40% Scottsville 13 0 0 0 0 3 0 16 2% Stone Robinson 50 0 0 0 0 3 2 55 6% Stony Point 45 0 0 0 0 0 1 46 5% Woodbrook 38 28 0 0 0 0 2 68 8% Yancey 13 0 0 0 0 2 0 15 2% TOTAL 437 54 45 0 295 33 11 875 100% iii. COMPARISON OF ALL BUILDING PERMITS Chart F. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW *NEW NON-RES. NEW COMMERCIAL FARM BUILDING TOTAL DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ RIO 17 3,612,206 55 1,795,026 32 25,007,654 62 5,324,643 166 $ 35,939,731 JOU ETT 9 2,630,000 36 1,192,627 1 1,100,000 10 341,250 56 $ 5,263,677 RIVANNA 271 57,039,767 196 5,602,656 22 25,550,307 45 3,753,660 534 $ 91,946,610 S. MILLER 101 20,960,146 150 7,957,649 5 11,964,116 13 426,500 269 $ 41,306,611 SCOTTSVILLE 55 9,125,474 130 4,669,137 6 56,406,500 31 1,064,600 224 $ 71,265,711 WHITE HALL 142 26,014,221 155 5,553,704 4 695,000 12 345,319 313 $ 34,606,244 TOTAL 595 $ 121,561,617 722 $ 26,771,196 72 $ 120,723,577 173 $ 11,256,192 1,562 $ 260,332,764 Additional value of mobile homes placed in existin( parks is included in Residential Alteration Category. Prepared by the Albemarle County Office of Mapping, Graphics, and Information Resources (OOMGAIR) DEPARTMENT OF HOUSING AND URE[AN DEVELOPMENT Section 8 Financial Management Center m 2345 GrAnd ,%uJevard, Suite 1150 ~ARm Om! ~ Mr. RonDie L. IWhj~e , COUN~. Om~ ALBEMARLEtDEPT,OF FINANCE 401 MclnI~ Read 6haflot~es¥iHe, VA 22902-4596 Bear ,Mr, YVhite: · · Subject: tJnder-Ut~limzatJon of section 8 Ren~ Assistance, VA036 Your F)~4al Year Ended June 30, 20Ol The Department of Housing and Urban Development has ~me i~cr~sJngly ~d~rned · that ampO~ion ~f~e Se~[on'8 ~nds made evadable (o housing ~encie~ (HAJ acres ~e countW ~ch yearis ~[ O~,.even thoug~ ~ere is a subs~ntJal ~pulatfon ih Deed of~hem~n~ . as~[s~n~ ~ a~rd daunt ho~ing. ~ paget ~e effo~ to ~c( thJ~ ~tua~n, ~e. ~pa~en[ · publish~ a Nob'ce' in ~e F~er~l ReBr~r of ~r~l 19, 2000, which ~et ~Nh' cJmumsta~s unjer whJch it w~uld md~e the funds and u~it al'ro~ons ~Jlab[e to H~ W~o coulU not us~'~em ~d bans~r thee m~ource$ ~ ~a ~o ~uld. ' The Nofir;~ provides that the Doper[merit will assess the utilfzatroa rate uf each HA e.~ of · e end of e~ch fiscaf y~ar, commencing with t-lAs whose fiscal yeai's ended ~ecember 31, 1999. In any in~ance where tho HA has u§riz~ fe~$ Lhan 90 percent of the unf~s allocated to itand less ·-~e~ 9Q'ieercentof the Annual BUS,let Authonl[y (fiJnding) provfded for thc~e units, the HA~s t~ recefve a warning let(er. The warning ad;,,ises ~e HA that, by the tfme it aubmi~ i~s ar, ual 'budget coyering the secdnd .SudBet.perfod ai~er the warning, it muff have fncream~d ib~ ~tildzalion to 95'perc~n(ef units aUocateU. ~tbf~ level is ~ot re-ached, ~he unused.units and assaciated funding may be transferred to an~he¢ HA. I~ determrning ur~ an~ fundfng allocated to. an HA, I-IUd will no( consider any new unit~ and funds which have been under Annual Co~tr~butiuns · Contract [AO'.¢) tomlhe HA fei- 12 mon~S Or le~ as of~e end of the fiscal year Lmder revie~v, in thJs manner, no HA wirl be pe~alfzea' f~r not fully utUizin~ ur~Jt airocaticms ~vh[ch ere fri the nocrnal lease-up process. We have ce.pleiad thJa ~nalysfs of your HA's uDHz~tion ~r the ff.~caJ yemar which ended June 30, 2'001. According to the data you p~vjded en your year-en[~ settlement(s), your utilb:alion rates ~r both units and Annual Bu~lget Au(l~orJb/'were bel~ 90 perce~t for th~ fiscal year- Endosecl wf~h ~ia letter is ~ report which summarize~ the ca'[oulatlons of [-he unJ~. months arm funding 'aval~aDle and compares them .to (he utJltzatk)n Which ),ob re4~rted.' The analysis. · compare~ (olal uAit me, Jobs utilized t~.(otal uait months avaJrable, and b~tal Budget Au(horft, y utll~ed to total Bedget Authority available. In this manner, each 12ercerr[age is a'eir~e¢ an avera'[~e nora yeah-end figure, bu~ an actual rate for the enlJre fisca¢ year. Any funding fncrements.wh¢ch · were emi.feed mb"am ~e anaJYsfs because they/'epr~seRted new ~ndJr~g, under ACC; fgr 12 months er le.~, a~e identified separately faf yo~r fnfermeNon in ~e far righ[ colum~ ef ~e repo~t. ' If.your program j~ less than 9~ patten( uurJzed at this tfme, we urge you to immediately .{aka s(eps to increase your u~iza~on of+he Section 8 program, ~nd we recommend that you Cont~c-~ your'Office of Pub~ic'Housing/et any technical assfs~ce you may r~eed in (he areas of · oubreach and pre§ram opera(ions. Your FinanciaJ Anah/~t at the Financial Management Cenber is '.mJ~ilabJa to assist you wi[h budget prejectfens to determine' the optimum numberer u'nits your .[andirlg can BuRped ' ' 0;~-1 Z- r.J 2 A l I] ';' ~)',,' RCVD -2- I When you'submit y[~ur Section ii budge~ for your tiscal year be0ino[ng.Ju~ J, 2~3, which · ~ due on April ~, 2003, ~ou ~st re~ your a~a~ ut~mtbn at ~hat time, if.you a~ t~n uNr~zbg less than 95 pe~e~ o?you~ a~loca~ p~g~m, ~he Oepa~ment may ~du~ your'units and Tund~ng such t'ha~ your actual usage do~ ~p~bent 9~ p~cent of your a~on. The ex.ss: un~ a~d B~B~ Authod~ Will be ~ns~d ~ an ~ wh[~ can ut~[~e [he additional 'm~o~r~s. PJease o~e~e (hat yo~ am re~fv[~ thi~ feBer bemuse VO~r u~ilJzatbn was tes~ ~a~ 90 pe~nt atyeur~aat.fiscai.year end. ~t. by the submf~fon dele ~ your July 1, 2003, ~gef, 'your goa'i ~ to achi~ ~ot g8 .percen~ but 95 pe~nt, uMlizat[~n. ' ' IHs the De~rt~er~'$ de, ire and inherit to make the fulJeet po~ble ~e d~ ~he ~ion 8 ~n~J assfs~nce ~nds ~aJ~ble natio~ide.' Jf ~Bur community n~$ ~e unit alle~b'ons and ~nds eu~tly, available to you. we urge you ~ ta~ ~b s 'op~unj~ [o remove any herders b echie~g your full ufiriza~n, 1I ~r comm~n~ does 'n~ n~ the ~lJ a~O~tiens curmnBy' ava[ ab e. :we a'~o [nySe you to ad~fse u~ o1 that ~tuafion ~ ~at we ~n tmnsf~ the assignee to area whom jt ~n be used. dn a~orclar~ ~ f. he No,ida. we are send'rng c~pje~ ~[ t..hJa letter.(o the Chairperson of y'¢ur a~rency.a¢ ~eJl as td ~he Jo~tl'ch~ef elected offi~a~, so ~at all e~rts.ca~'t~e made ~o use ~he a~ailabl8 fundiri~. · If you have ,~my que~Mons cenoembg ~is lo([er, fhe No[ice or ~he calcula'tlon'of your · · utilization rate..plea$~ 'contac[ your FinenciaJ AnaJy~ ~[ bte Finan¢iaJ M'anal~mea~' Center, We look forcca!d ~ 'w0r~ng with.'you Io maximize ~he benefJl~ of th~ Section 8 :program. Sfncer~Jy. Bernice C. Unla~ D irecl~r E~cles ute .'~ '~l'b¢~-a'de ~'~. 'br~. 'of Supe~i~ors 40~1 Mcfntre Read Charto~tesvfJle, ~A 22902 PH Df re,or I Febrt,ary' 28, 2002 Re: Re3ssmmce o£ VrDES Pcrmit No. VA0087351~ Virgh~i~ Oil-(?aarlotte,~ville Dezr Ms. Thoma,~: lo ~cordanee Mt'h the Code of Virbdn[a, Section 62.]44.15:01, thi,~ i~ to provide you- w?tk a copy ora public notic~e regardLng t[~e r~ferea~ee0l prcrposed permit ~¢tion. Publfc notice of proposed pea:m it action i~ ah~o being publi,hecl in ~ l~oeal newsp,~per, which w'ill'.esl'&tigh ~. · 30-day public mmme~ pe~.-ioc~ iTor tll~8 proposed action. If you wi~h to comment or if yott have que.~ions regu~ding this ptqypo~ed peamik please cxm~c~ mc at th6 above 'adrltcss or phone nurl~ber wi~h~n t. he next 3(1 day~. ' S/ncc'rely, W. Sco(~ Benton_ Enx4roxm~mhd Eagh~eer '~: P m-m/t Jh-o c~sing. File 03_~1~D.2~0'9:45 R&VD' · 'RFASSUANCE OF A VPDEiS PERMST T6 DIS~RGE. To S~A:ffE WATERS' · A~ STg~ ~~CA~O~ ~ER ~E STATE WA~R CO~OL ~W F~ ~bli e No~ce ~sue Date: (m.~e supplied "by a~spaper) " .. ': State Cater ~n~ol Bo~ ~s ~d~ c~si~on ~e mi~su~ce of~m fotlo~'P~t ~d." . ' 8~te C~Seam: · · . Permi'tt~e. Name and. Address.-. V-trginia Oil 'Com~ahy, Iac.,.'P.0. Box'7467, Charlottesvil!~,. Virginia ·22906' · · . ..... · Faeil/lyName'~nit Loc_m/on: ¥irgi.nia Oi~.- Cl-[arloites~ijle, 11O0'l:iards .Stre4~ in:thc City of" · ' Cl:mrid~sville .=. - · · Discharge Dea'eription: ExisO_ng lad'ustrial dLschar~ ~sulting £rm the oollection an~ tr~hnen~ of" stg. nn w. am f~iaan the petroleum btttk, ktatfon' t0sdin~ a~ea; D~is¢harge.Flov¢: 0.007g I~GD; 'l' Ouffa!t.' ' · · ·: ... · · .'. · s/^i seca:os:! F0', oas~:.I~ s~ial Sm~: Notie." ' ' ~ .. : ' · On the' basis.'0fpr~fm/.nar~, reView and appI/~ation, of lawful s~mchrds,:and regulagions, the SUm W~ter Con.mai Board iSropoaes to reissue th, permit:subject tO' ~er~n:..contli~io.,ns.;, :Thi~.propo~cd petmit aetioa is tentl/tive and. coaaim of Iimittn~ th, foltowiag l~ame~e~: Ti~ a~. m'g/L avgl · . This p~-nit' witI maintain the Water Quali 8tandari/s adoptexi.by tim Board.. " s~.~l~ pC-TtiI1Ollt illl~'Ollll~tiOi1 is off file and nu~y b~ ~p~eted or ~pied:by 66ntact' W SeO~ t3,m ..... ~th-e _Df_.y.'~.ment of'Fmviromnent.,d ' ali · j~ · . ... .. mg ... . ton -ao~ ~o00, mrn'~oa~;--~,::~,,-t~4., ~.~i,..Q~.,_:.v?y.g.~. om.~, 4~a,. sa,~, ~-o~4 P.O. · w,sb:er=_.~,:' . . . ~,, yy~mt .~.,;C, Ul, le~non~.mo. (540) 57z~-7813;'e-n~til .- ........... t~_~=eq, state.va.us.. Pemons'may mrahaent ih writ/ag or b? i~-~all to DEQ' eli the Proposed.. pm-mi-t action ~d m~-y request a pabli¢'hearin~ with/h 3'0 days from t[-i~d~te ofth~ first notice. ' ' ' Only th0s¢ cerumen.ts' moeived:within this ~erlbd wiil b.e'¢onsidered' Aiddmss. commeats Io the.. ' · . .... ,~,~,,~ tut ~p, uon6 nearm, g $1ml]. stat~ *,he rea~rl why a kca/ing is rcques..~ed., 'th;e nat-nra of the issues propo~ed~to '.~ raj~ in the'publiC hearing, and ~' ' · F°t'I.°wing the'.¢ommerit period, the Board W/ll.~'nake a aatm~,~ai~ rogardin~ the'~rO~osed -~.e-~--ii · ae60n~.This' ~tenminafion will b~ome eft'eet'iir= urdmis. DigQ grakts' a phblic he~rit~g..D,',e notici ' Of ~ny publlcihea.ving will be giving' ' ; .... · ' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing SUBJECT/PROPOSAL/REQUEST: Application for Community Development Block Grant Funding - Whitewood Village Apartments STAFF CONTACT(S): Tucker, Roxanne White, Ron White AGENDA DATE: March 20, 2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes Go to Recommendation BACKGROUND: The Virginia Department of Housing and Community Development (DHCD) administers the Community Development Block Grant Program (CDBG) for the Commonwealth of Virginia. CDBG funding is provided for a variety of activities including housing, economic development, and community facilities. Projects must meet at least one of three national objectives. DHCD projects approximately $13.7 million available for competitive grants for program year 2002. The County of Albemarle held a Public Hearing at its February 20, 2002 Board meeting to get input on eligible housing or community development activities that may seek CDBG funding. One resident of Corville Farms spoke on their water system needs. Since this is a private water system, the application would not be eligible for CDBG funding. Staffwill continue to seek options to help the residents resolve this issue. It was noted in the Executive Summary that staffwould probably recommend submission of an application to support the acquisition, rehabilitation and construction of a community center for the Whitewood Village Apartments. The County received a Planning Grant, funded through DHCD, to study the feasibility of acquisition and rehabilitation of Whitewood Village Apartments. Feasibility studies included a market analysis and architectural studyto determine rehabilitation needs and estimated costs of improving the units and constructing a community center. The studies have resulted in a final scope of work and project budget. Albemarle Housing Improvement Program (AHIP) has executed and extended an option to purchase Whitewood Village Apartments. County staff has maintained involvement with these negotiations and continue to participate in discussions with other groups that may provide some services to tenants of Whitewood Village. DISCUSSION: Whitewood Village Apartments is approximately 30 years old and has been maintained in relatively good condition. It is a Moderate Rehabilitation Project that has rental assistance tied to all 96 units. The contract for the rental assistance begins to expire in July 2002. The current owners have indicated a desire to sell not later than the expiration of the contract. Loss of this amount of affordable rental housing will have a significant impact on housing costs and will result in potential displacement of families with limited available housing for relocation. On average, the rental assistance paid through Section 8 is approximately 66% of the contract rent meaning that the average family's contribution is under $180/month. This indicates that most of the tenants have incomes that are near or below thirty percent of the area median income (30% AMI). In addition, the latest count indicates over 130 children residing at Whitewood. The proposal for purchase of Whitewood Village Apartments by AHIP includes improvements to the property and construction of a community center to enhance livability at the property. Current tenants will have the opportunity to remain there with Housing Choice Vouchers. Based on funding and availability of units, a mix of income-ranges (up to 60% AMI) may be eligible to occupy Whitewood in the future. In addition to housing, AHIP proposes to link services based on tenants' needs. Development of a community center could enhance family support programs currently provided by a number of organizations. AGENDA TITLE: Public Hearing March 20, 2002 Page 2 PUBLIC HEARING - CDBG The projected estimated costs for the proposed development activities will exceed $9 million. Proposed funding sources will include loans from VHDA and DHCD, private gap financing, CDBG, Iow-income housing tax credits, Federal Home Loan Bank, HOME funds, and local funding through the Albemarle Housing Initiative Fund. To minimize displacement for extremely Iow-income families, the County Section 8 Housing Choice Voucher program will maintain project- based assistance to 24 units in the development that will serve families below 30% of the area median income. RECOMMENDATION: Staff recommends approval of a resolution (attached) to apply for $465,160 in Community Development Block Grant funding from DHCD. Such funding would be secured by a deed of trust on the property to ensure that the property remains affordable for a minimum of twenty years. In addition, staff recommends that the Board encourage the use of Albemarle Housing Initiative Funds (AHIF) and other funds leveraged by AHIF as permanent financing resources to support the project. View Resolution Return to Regular Agenda RESOLUTION WHEREAS, the County of Albemarle is committed to ensuring that safe, decent, affordable, and accessible housing is available for all residents; and WHEREAS, the County of Albemarle is committed to improving the livability of all neighborhoods and access to support services by residents; and WHEREAS, the County of Albemarle is committed to preserving, to the extent possible, all existing affordable housing stock; and WHEREAS, pursuant to public hearings held on February 20, 2002 and March 20, 2002 the County of Albemarle wishes to apply for $465,160 in Community Development Block Grant funds for a Community Service Facility Project for the Whitewood Village Apartments; and WHEREAS, other resources estimated in excess of $9,000,000 including, but not limited to, VHDA loans, Low-Income Housing Tax Credits, HOME funds, Federal Home Loan Bank, Virginia Housing Partnership Fund, the Albemarle Housing Initiative Fund, and funds leveraged by the Albemarle Housing Initiative Fund will be invested in the project; and WHEREAS, one hundred percent (100%) of the population residing at Whitewood Village Apartments is very-low and extremely-low income, all receiving rental assistance through project-based vouchers; and WHEREAS, the project-based contract expires beginning in the summer of 2002; and WHEREAS, the current owners have indicated a desire to sell the property and have executed an option with the Albemarle Housing Improvement Program as purchaser; and WHEREAS, the projected benefits of the project include: Rehabilitation of 96 affordable rental units benefiting approximately 350 persons, one-third of whom are children; Construction of a community center; and Provision of services to enhance the livability and improved self-sufficiency of the tenants. NOW, THEREFORE, BE IT RESOLVED that Robert W. Tucker, Jr., County Executive, is hereby authorized to sign and submit the appropriate documents for applying for this Virginia Community Development Block Grant application. I, Ella W. Carey, do hereby certify that the foregoing is a true correct copy of a resolution adopted by the County Board of Supervisors of Albemarle County, Virginia at a regular meeting held March 20, 2002. Clerk, County Board of Supervisors March 6, 2002 Valerie Long C/o McGuire Woods, LLP 310 Fourth Street, NE Suite 200 Charlottesville, VA 22902 RE: SP-2001-038 American Tower, LP; Tax Map 78, Parcel 51C Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on February 26, 2002, by a vote of 4-3, recommended denial of the above-noted petition to the Board of Supervisors because the proposed facility was highly visible and was inconsistent with the wireless policy. The setback waiver was denied because the Planning Commission found that the public health, safety or welfare would not be better served by the granting of the waiver; in particular, the Planning Commission also considered the testimony of the objecting neighbor, who said that the close proximity of the facility would adversely impact her property. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 20, 2002. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. View Staff Report View Planning Commission Minutes of November 13, January 22, February 26 Return to Regular Agenda If you have any questions, please do not hesitate to contact me. Sincerely, Stephen Waller Planner STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN WALLER FEBRUARY 26, 2002 MARCH 20, 2002 SP 01-038 AMERICAN TOWER LP Background: At its November 13,2001 hearing, the Planning Commission reviewed this request, but voted to accept the applicant's request for deferral pending the submittal of additional information to allow a more effective comparison of the possible visual impacts of the new tower to those of the existing tower. In order to provide additional background information for comparing the revised request with the original, the previous staff report is also included (Attachment D). The purpose of this executive summary is to provide an analysis of the information that has been submitted to amend the original special use permit request application. Go to Staff Comment Go to Summary Go to Staff Recommendation Applicant's Proposal: This proposal is for the structural reinforcement of an existing, nonconforming, 296-foot tall guyed telecommunications tower, which would allow the collocation of additional antennae and ground- based facilities on 3 acres, zoned Rural Areas RA. The property, described as Tax Map 78, Parcel 5 lC, is located approximately one mile east of Lego Drive (Rt. 1090), nearly 1/3 mile north of the intersection with Hansen's Mountain Road (Rt. 1777), and is adjacent to the Ashcroft subdivision. This parcel is located within the Rivanna Magisterial District and the area designated as Rural Areas 2 by the Comprehensive Plan. The applicant (American Tower Corporation) maintains the existing wireless facility, which currently holds equipment supporting the coverage objectives for three different personal wireless service providers. The original request for redeveloping this facility was a proposal to completely remove the existing 296-foot tall telecommunications tower and replace it with a new 260-foot tall, guyed tower to allow the collocation of additional antennas. That request also included an additional building and cabinet on a concrete pad for ground equipment. Petition: This request is for the approval of a special use permit which would allow the redevelopment of an existing wireless communication facility employing a nonconforming mounting structure, in accordance with Section 10.2.2.6 of the Zoning Ordinance, which allows for radio wave transmission and relay towers. Approval of the special use permit would allow the American Tower Corporation to structurally alter the nonconforming tower at this site in order to support the collocation of the antennae for use by two new wireless service providers (Attachment A). Currently ALLTEL, nTelos and U.S. Cellular all have antennae and transmittal equipment at the facility, and the proposed expansion would allow Devon Mobile Communications and Nextel Partners to utilize the site as well. In addition to the existing analog whip antennas they own, ALLTEL would also add an array of panel antennas in order to support capacity for digital wireless service. Therefore, approval of this proposal would result in a total of six (6) arrays of antennae being attached on the tower. According to the newly submitted information, the proposed method for reinforcing the tower consists of an additional frame-work structure, which would be constructed and attached to the outside of the existing structure (Attachment B). The applicant's request also indicates that the top of the tower would be reduced 36 feet in height, and 14 inches in width because all cables would now be located within the structure as opposed to the outside. Other noticeable changes would include removing the microwave dish and FM broadcast antenna, and replacing the existing FAA-required safety beacon with a light that uses new technology intended to prevent the down- lighting of nearby properties and residences below the tower. As is the case with the tower in its existing state, the most prominent features on the tower under this new proposal would still consist of an array of panel antennas mounted at approximately 206 feet above ground level. Those antennas are attached with triangular stand-off brackets that extend approximately 8-1/2 feet from the face of the tower. The information for this proposal indicates that all other antennae would either be flush-mounted or pipe-mounted, with no more than 12 inches or less between the mounting structure and faces of the antennas. Staff's recommendation includes a condition that would require all attachments to be flush-mounted. STAFF COMMENT: Staff will address the relevant amendments to this special use permit request as follows: 2. 3. 4. Personal Wireless Service Facilities Policy; Section 6 of the Zoning Ordinance - Non-conformities; Section 31.2.4.1 of the Zoning Ordinance; and, Section 704 (a)(7)(b)(I)(II) of the Telecommunications Act of 1996. 1. Personal Wireless Service Facilities Policy: Whenever possible, the Personal Wireless Services Facilities Policy encourages the use of Opportunity Sites, which are described as those locations where existing structures and sites can accommodate the placement of new wireless facilities with limited impacts. Because existing structures that puncture low ridgelines are included in that category, staff recognizes that the American Tower facility could be considered as an Opportunity Site. However, the fact that the tower is already highly visible and would require structural modifications to allow additional collocation opportunities provides a unique situation with this proposal. Therefore, staff' s review of the request is focused largely on evaluating comparisons of the possible visual impacts resulting from the modified tower to those of the structure in its current state. 2. Section 6.3 of the Zoning Ordinance - Nonconformities: Section 6.3.B of the Zoning Ordinance states that, "A nonconforming use shall not be enlarged or expanded such that the character of the use existing on the effective date of the zoning regulations applicable to the district in which the use is located is changed." This section further establishes that it is the zoning administrator's authority to determine whether the character of a nonconforming use is changed, based on the magnitude of the change in the size and scope of the use and the effects that the changes have upon the purposes of the Ordinance (Attachment C). This determination is to be made with particular consideration for the increase in volume or intensity of the use and any alteration or variation in that use, including the provision of additional services. In this case the existing facility is a nonconforming use because it was established for radio broadcasting, in the Rural Areas zoning district prior to the requirement of a special use permit for such uses. The three existing personal wireless facilities at this site have been allowed to be installed as a result of the Board of Zoning Appeals action on an appeal of the Zoning Administrator's determination cited in the Parcel History for the original report under (AP 98-02 Eure Communications, Inc./U. S. Cellular). However, current regulations only allow the attachment of three arrays of antennae to be attached to an existing structure by-right. Section 6.3.C restricts the structural alteration of nonconforming structures except in cases when damage has been caused by factors beyond control of its owner or occupant; when unsafe conditions exist; when the size of the structure is being reduced; or, when the structure is nonconforming solely on the basis of noncompliance with the requirements of Section 4.2 (Critical Slopes). Although the applicant is proposing a reduction in the tower's height, the personal wireless facility as a whole represents a nonconforming use, which would be expanded only to increase its capacity to support additional personal wireless service providers. Therefore, none of the exemptions that are allowed under Section 6.3.B are applicable to this request and a special use permit is required in order to allow the modification of a nonconforming structure. Section 6.3.F, entitled Termination of nonconforming status, provides the following statement regarding the modification of nonconforming structures: "The nonconforming status of a structure shall terminate and become unlawful if the structure is enlarged, extended, repaired, reconstructed, structurally altered or replaced in a manner not authorized by this section. Upon termination of the nonconforming status, the structure shall immediately comply with the regulations set forth in this chapter applicable to the district in which the structure is located." Therefore, staff review of this request addresses the requirements of Section 6.3.F with consideration for the general regulations pertaining to personal wireless service facilities as set fourth in Section 5.1.40.b. Furthermore, it is staff's opinion that certain requirements set forth in Section 5.1.40.c (Regulations applicable to a facility attached to an existing structure) would also be appropriately applied to this request. Although this application has been amended from a proposal to construct a new tower, the wireless facility at this site represents a use that was installed prior to the adoption of current regulations requiring a special use permit for radio-wave transmission and relay towers in the Rural Areas zoning district. Because of this, staff has determined that the approval of this proposal would act to terminate the nonconforming status of the facility, requiring it to be reviewed in the same manner as a request for a new facility. 3. Section 31.2.4.1 of the Zoning Ordinance The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, This proposal has been amended the complete replacement of the tower with a new, guyed structure to from a request to allow the fortification of the existing structure by placing a new structure outside of it. The nonconforming tower, at its current height of 296 feet, was originally built to support commercial broadcast radio and has been present on the subject parcel for more than thirty years. The proposed modifications would not require relocation of the tower, so the same areas of tree line that were cleared for the existing guy wires would be used. Furthermore, the applicant's revised construction plans include additional landscaping that is intended to screen both the existing ground equipment buildings and the newly proposed equipment cabinet from adjacent parcels. Although information provided by the applicant indicates that the proposed modifications would also result in a 14-inch reduction in the tower's width, it is staff's opinion that the relocation of cables and wires inside the structure could possibly act to darken and solidify the appearance of the tower. Furthermore, the applicant is also requesting permission to reuse the 8- 1/2 foot set-off brackets to attach the Ntelos antennas at 206 feet above ground level on the modified structure. Visually, staff recognizes that this array of antennas represents the most prominent and objectionable feature of all those that are currently attached to the existing structure. Therefore, in order to remain consistent with current policies, and with consideration for the requirement to terminate the nonconforming status of the facility, staff' s recommendation includes a condition that would require all of the panel antennas to be flush-mounted on the new structure. Considering the above-cited factors and the recommended conditions of approval, it staff' s opinion that the proposed facility would not impose any additional detriment to adjacent properties. that the character of the district will not be changed thereby, The practice of locating personal wireless service facilities in the Rural Areas zoning district is not uncommon in situations where they can be designed to blend into the natural surroundings or attached to existing structures. The proposed 36-foot reduction, which equals approximately one-eighth (1/8) of the tower's total height, will not effectively achieve the level of concealment that has most often desired for wireless facilities. However, staff recognizes that the standard conditions would require the proposed equipment cabinet to be painted brown in addition to the screening provided by new and existing vegetation which could provide ground effective screening of the ground equipment. Additionally, the applicant's request to allow an array of antennas to be attached with 8-1/2 foot stand-off brackets does not represent an extensive change in the appearance of the existing structure. Therefore, it is not anticipated that an approval of this proposal, with the recommended conditions, would result in significantly changing the character of the district. But, it is staff's opinion that removal of the stand-off brackets would result in a change that would be desirable. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request with consideration for the purpose and intent of the Zoning Ordinance as stated in Section 1.4, and with further reference to Sections 1.5 and 1.6. Section 1.4.3 states that one of the intents of the Ordinance is, "to facilitate the creation of a convenient, attractive and harmonious community". Because of the potential for additional collocation opportunities at this site, it is staff' s opinion that this proposal could assist with facilitating a more convenient and attractive community. Furthermore, with consideration for Section 1.4.8, this proposal could have the potential of helping to preserve some portions of nearby agricultural and forestal lands. This is due to the expectation that fewer "stealth" facilities would be needed to serve the geographic areas being targeted for service by the wireless providers with equipment located that would be at this existing facility. Therefore, it is staff' s opinion that this request complies with the purpose and intent of the Zoning Ordinance. Section 1.5 (Relation to Environment) states, in part, that the "ordinance is designed to treat lands which are similarly situated and environmentally similar in a like manner with reasonable consideration for the existing use, and character of properties, the Comprehensive Plan, the suitability of property for various use...; and preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County." Staff recognizes the fact that approval of a special use permit allowing the establishment of a totally new personal wireless facility in this location, and with a mounting structure at the proposed height, would be in direct conflict with many of the established in that statement related personal wireless facilities. However, because the applicant' s desire to increase the level of support for wireless service providers could be achieved with a reduced tower height at the same location, and with minimal tree clearing, there is less concern about increasing the environmental impact with this proposal in comparison to those that exist. with the uses permitted by right in the district, The proposed redevelopment of the nonconforming facility would increase the current use established on the subject parcel, without restricting any of the by-right uses that are allowed on other properties within the district. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. Section 5.1.40, entitled Personal Wireless Service Facilities, contains several regulations that are applicable to this request. Section 5.1.40c addresses proposals that are allowed by-right, specifically concerning the attachment of facilities to existing structures as recommended under Tier One of the policy. Under these regulations the owner of an existing structure is allowed to support the collocation of three (3) arrays of flush mounted antennas, by right. Because the existing tower already has arrays of antennae for three different service providers, a special use permit would be required under these new regulations even if the tower were structurally sound enough to support the attachment of the additional antennae. Therefore, this proposal to structurally modify the existing tower does not represent a by-right collocation and staff notes that it does require the correction of the conditions that cause the nonconforming status of this personal wireless facility. Prior to the adoption of the Zoning Ordinance text amendments, Section 4.10.3.1 required Planning Commission approval of waivers to allow telecommunications facilities to be sited closer to lot lines than the towers and similar mounting structures. Recent zoning ordinance amendments have repealed that requirement, and now Section 5.1.40b(2) authorizes the Director of Planning and Community Development to allow a wireless facility to be located at a distance that is closer a lot line than the height of its mounting structure. However, this allowance can now only be made if an applicant obtains an easement, acceptable to the county attorney, prohibiting development on the parts of any abutting properties sharing common lot lines within the facility's "fall zone". Under this requirement, and as a result of its of its height, the applicant will be required to obtain these easements on all four abutting parcels, prior to the issuance of building permits for modifying the existing tower. In accordance with Section 32.3.10, past applicants were required to request Planning Commission approval of waivers as relief from the process and some requirements of site plan submittal. Because of the relatively small area that is impacted, the Site Review Committee endorsed the use of site plan waivers for the establishment and expansion of personal wireless communication facilities. Section 5.1.40b(5) of the Ordinance now relieves applicants for wireless facilities from the requirement to request a site plan waiver, provided that the facility is designed subject to the requirements of Section 32 as approved by the Director of Planning and Community Development. Staff' s recommendation includes a condition that requires the applicant to submit a set of plans that demonstrate compliance with all requirements of the special use permit as well as the provisions of Section 5.1.40 prior to the issuance of a building permit. 4. 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 issues of 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 this facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. Neither the Comprehensive Plan or the Zoning Ordinance prohibits the provision of personal wireless service, but both do implement specific policies and regulations for the siting and design of wireless facilities. In their current states this facility and its existing mounting structure offer adequate support for three providers of personal wireless communication services. The applicant has not provided any information regarding the availability, or lack thereof, for any alternative sites to serve the areas that would be covered with the new antennas at this site. Therefore, it is staff' s opinion that denial of this application would not have the effect of prohibiting the provision of any personal wireless communication services. SUMMARY: Staff has identified the following factors, which are favorable to this request: Approval of this proposal would allow further opportunities for collocation at an existing facility. The modified tower would be 36 feet shorter than its current height. The expansion and redevelopment of this facility could be effective in reducing the total number of new facilities that would be needed to provide the coverage objectives within the immediate geographic area. No significant clearing would be required for the area where existing guy wires are located. The microwave dish and FM broadcast antennas would be removed from the tower. Staff has identified the following factors, which are unfavorable to this request. The proposal still requests the allowance for the most visible set of antennas to be attached to the tower in a manner that does not meet the definition of flush- mounted. The following factors are relevant to this consideration: 2. 3. 4. 5. 6. This site must be established and maintained in accordance with all of the relevant regulations set forth in Section 5.1.40. This site lies within a designated mountain resource area. There is already an established and reasonable use on this property. The cables and wires would be relocated within the boundaries of the main structure. The new FAA-required safety beacon would be designed to prevent downward lighting of the surrounding properties. The new tower and ground equipment would not restrict any of the permitted uses on adjacent properties. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and guidelines set forth in the Comprehensive Plan and recommends approval with conditions. (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff requests consensus direction from the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) Recommended conditions of approval: The facility shall be designed, constructed and maintained as follows: a. The top of the tower shall not exceed an above ground level height of 260 feet, and a total height of 1029.12 feet above sea level. Within one month after the completion of the tower installation, the applicant shall provide a statement to the Planning Department certifying the height of the tower, measured both in feet above ground level and in elevation above sea-level (ASL); b. With the exception of the safety lighting required be Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods. Regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance. The safety lighting shall use a type of shielding with ten (10) degrees cut-off to prevent downward lighting, similar to that described in the applicant's submittal, compatible with the examples of the "Fresnel Lens" provided in the applicant's submittal entitled "overview for Zoning Considerations" c. With the exception of a grounding rod, no equipment shall be permitted to extend above the highest portion of the tower; d. All utility buildings and equipment cabinets within the facility shall be shall be screened from adjacent parcel located east of the site with a shade tolerant species of evergreen vegetation, subject to the approval of the department of Planning and Community Development and the Landscape Planner; e. The new ground equipment cabinets and concrete pad shall be painted a dark brown in color, and shall be no larger than the specifications set forth in the attached plans entitled "American Tower Limited Partnership (Charlottesville VA- 10109 )", dated August 23, 2001 and revised on January 25, 2002; and, f. Unless expressly required by Federal Aviation Administration regulations, the tower shall not be painted orange. Any future FAA requirement to paint the tower shall be documented and submitted to the Zoning Administrator for inclusion with the permanent file for this request. Equipment shall be attached to the structure only as follows: a. The microwave dish currently attached at a height of 198 feet above ground level (AGL) or lower at the FM broadcasting antenna at 180 feet AGL shall be removed from the tower; b. A whip antenna, not exceeding 6 inches in diameter; c. Five (5) arrays of flush-mounted panel antennas, which shall not to exceed 8-1/2 feet each in length and twelve (12) inches in width. None of the antenna shall project from the structure beyond the minimum required by the mounting equipment, and in no case shall an antenna project more than twelve (12) inches from the existing structure; and, d. Each antenna and its associated mounting equipment shall be painted a color that matches that of the tower. Prior to beginning the modification of the tower and its guy wires or installation of the new ground equipment cabinet pad, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed at this site shall be submitted to the Director of Planning and Community Development for approval. All construction or installations associated with expansion of the facility, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director, the applicant shall not remove existing trees within two hundred (200) feet of the fenced facility site and guy wires, or the existing vehicular or utility access areas. The personal wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. The applicant, or any subsequent owners, shall submit a report to the zoning administrator by July 1 of each year. The report shall identify each user of the facility that is a wireless telecommunications provider. The applicant shall provide adequate area for one parking space. The Engineering Department shall grant approval of an erosion and sediment control plan prior to the issuance of a building permit. No slopes associated with construction 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 applicant shall submit a revised set of site plans to the Department of Planning and Community Development. Prior to the issuance of a building permit for construction of the facility, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit and all applicable provisions of Section 5.1.40b have been addressed with the final revisions of the construction plans. ATTACHMENTS: A- Revised Request andSite Drawings B- Tower Information C- Zoning Ordinance Section 6.3 D- Original Staff Report Return to Regular Agenda Return to Planning Commission Action ~r.wt'1' ~r;clu.3r~ BU i:§n~. 3t~ F,;3urlh .'~ .1~.~,~ 5LIl':le .'100. "'- ."". 'RO,~ ¢:~?lo~t~-.~vi'l~:~ VA 22')uz-1 · '. PI'm n~.. "'" " Fa~ :. · ": " " .... "Re:, '~P,, ,01-'038': .Am'erica~n Tower L.P" "'"'"' "' .' '.- '" '.:' :'.": · · ;, '.'" .... ' "' ' ..... · : 'DaF " '"" .... '' · ' : ""' '"'"' .'" "'' "'" ; · '" ....".. :. '. 'On beha.',If 0~' :Dqr't;IJent A~8.d~n'T .m~er. T have :'~cl0¢ec~ for your review and ¢~nsid¢¢a~0R'" :'i' i": .-'.: .' - '. · · .. ' reyised'p, lans n oonneciion:'with.SE'.0%038 Arti¢rican T.~wer...L.P.,"and'aiso. a ~eh-'~ate'exhibit' :" ' """ :' which :~liows'~he modified pfOp0-~ai ir~ gr~at'e't'.d~tail,' ' ' '. '- :' '.' · ...' .:'. ;'~-.' -'" '?~"' ' A~. you I~now.-Arfle'ri¢'an .To'w~r 0dginalJy ~roposed.f~ r~place the exL4'tfhg 296-fo0t guyed tower '"" :"."" '" · : ..",..: '-"":. With ;a new 2.6~fo'ot. ~luyed'towei', and te.attac~, the, ~nteona.equiprnent .for two '~dditiOna[ "'.." ..'."'" · "' ... · . ":wi'r~teS~ ~le.commut~icatteh.s. providers to the'replaceme'nt ~ower, .~owev8r, ~si~i~ {he"Pla~'ning": '- ' ' · ".. . Corarnfssion heaCng'on. Nodem~er 13.2001; American'Tower has f~'arned df. a t0v~e~-~ ' '~' . ': ' .... · ' :. · reinfo, rcin:g product'th'at Wil~ enable'J~ t~ accornLmo~tte the ~ aCctitional wireless ,orovide'r~ ': '.." 'i" ' "' .." · '"'. · wJf. hoL~. repfacfng the :t~wer 'Ame¢ ca~' Tower:hereby proposes to emoted'itS sCoa, iai (~se permit'";.' .. :' '" · .' · app~i'cation to ~lL~',~t a,permit.~d r~odf~'the e'xiS~Jbg 'toWer I~y/ndtaili~g the t0wer'r~i'~f~'i-dR¢'; .... ';.. -"-".".': · .. ..... system.'t0 ~¢ ~xisting.~ov~'i'~,. Amer[caC·Tower WouJd'use.Tower~A. Jndusf. des':.-$~a~k-N_Bol(? '! · .. · · . ' '-procludt,...in Which ~rCo'rc ng matedaf~'ai'e' e't~ohed to f~e exterior-Of the tower le~3~, .wh'ich 'a'd~ ' "" ":: · . 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St~.m, A~.~.~~.r..~,~h~.... ,.....' .an~hbr Wi]t: ~e ~u]k~B on'each S'~e or me ~o~r.'meX w,, ,e ~ns~,~a.~,.,,,~ ,~,~ -~,~.,. u .... · .." ..' . c~eared a~e~s and ~fl no~ ~uire a~y addi~o~a'l dead~g.'" '.' '~: . ' ' '.~. "' · ' ..... .' ' """ · Tbe..~ex'~'~g [~e'r. bas a m'Jc~age ~J ~ ~'~e d. 'at'.198 .fse~ .~h.~t WJ [[ be.'rsmo~.~, fro m: the ·... ·.. ~er prtor'~ t[ bb]a9 mi~arc~ as shO~ on ~e T~e~ a~h~b~.:' : ..... .'.'..'... :" .'...:.'. · .. '.:'.. :.... ~ ~: :...~.'.'.-. '"' . · . .. . .', ................:..:. :'~ ....... · , '. ~.~, ~.~,' ~[..,,'~X~a~. ~.o,~'q~,,,~. ~v ~a~,,~'~.~, ~'t ~o ~',~';.":...'.'..: ....:.:':. '..': - 9e~.~e. mo'd~ed t~r W~ll. ~ s6 fe et' s~.~'~ ~' ~s~nj ~r, th~'~tll be"o~e '. '...:' ....... less. guy'~'S'an eit~r.~ia~: of t~e moa~ed tower~.a's sh~'on'th~ Z~"ex~Jt.' ."' ":' :'.. 2~...'. '.' ".. · : ... '.'.'.... · ... . · . . . · . . . · '..-:-... ../ :. .. .. ..':['.'. .. ~.-~ :......'-.. :.-,.~.(.. . .:~. . .... ..'. . . · : -. . ..] .. .. . . .' .... .. .: . '~/. ' ..'....'..' .'. '. '.. '":' '.'" ". '."".'... :"' "."." '"" '..--'.."'.':. "..' '. '.".'.:'"i't:~ ..January $'fl 2002. I mm ATTA~,HMiENi~ ~Imm mm ~: mm m m m m m ~J~j~F~~ ~ ~m~ ~: ~ ~m mt ~ m~~ ~ ~ d m~ ~~ ~l ~ ~r~ ~,~.~ m ~m ~ ~ ~mmm mm mm: m m m mm m m mm mmmmm :m mmmmm ~: mm: · ..t~{he.e~is'~g st~¢e....'. , - ' · .. · . . . .. · ... :........'..:... . ... ... · .. '.. · ~1 n¢~ an~n'n~¢ and'¢ou,ting ~a~ts ~il b~ ~ain~d to match ~'h~ ~Jo~'of'.~et~r'.'"":. ":.'. ,. ":,' '.'..' m ' St~CtU ~m m~ : mm m m mm m mmmm m m m m m m mm : m m m m m m m m:m m mm .... : m m m mm mmm]mm mm ~mmmmmmm m ~mm :mmm m m mmm: "":'":'":' .' ' ' T~'PP~Posed'ne~'equ~pment'~)netfJr'Devo~'Gomm~n~Uo~s~'l be PaJnt~'d'.da~'" '-'.' ""'... ".' mm m mm mmm: m m ] ] b~'tO.J~miti~vJ~[bff~'yfromm~j~m~mm-p~, m .... m mmm mmm: :mmm mmm : mm m m m m m m m mm m m " to IJmit"[ts'"vis[D h'~'[~m, aaja~t p~op~es,' . .. '. . :'.-' .... ' . "'. '.:'.'. ":.- -" "..' ...'. '.~'.... '. ' .'"' ' m: m m. {he~ ~ll.b~'.vi~ua '[y nvisib[e ~t ~ dista.q'~., : . ' · ... "."' · ." The:F~eral 'Aviatbn'Adminmtmtion'[~e "F~"~ will d~te ~e'~p~ of I'igh~i~ ~at ~[r[:b'e..' '",. '"' -. r~quir~ on th~ mo.d~ed ~r,' A~cam T~t~led an appli~tjo~ ~ the.FAA se'~e~( .::'::'." :'" '"' .] ' months ago f~uest{ng'a dete~inm[~n on ~is m~ue, b~.Jt h~s m0t.'~t'm~Jved'a~re~p~e.:":' ' · ~. ·" ' .. . .','. )wimr'fo~ the ~AA's dete~Jnatj0'n to yOU imm~ia~ umpon ~ei~t,'mln ~e ~e~ttm:e'. ~ . "...: .... · '.'..:'."... · ]. 'bare en61osed [Sfo~a~on f~ ~)~' T~mn61og~' m.t~r ~g~ menuf~Fer e~laJn[Dg. · ...... '... · ' ... .. the mo~m techn0~y Jt u~eg in in' IJ~h~ng proteges ~JCh'mmSi~inC~n~ym ~du~ ~em m :m mm m':m' 'm: · .' ~oont of ground.illumination; and is mom en~rg~ e~ent than ~ditJ6nal lighting.'. '. :::..". ,.' .."." .". ]':.:" '..'~ · .,~.'. Rega~re~.~ the t~e'of ~ ~.FA'A.mquJres, A~ed~ T~er will uU ze ~ism~e'oft[ght m.mm .... m "mmmm m, mm'.m " '" 'tO minimize the':impa~ ~ the lighting. . · '..'. ' · · . .' ...... - '. . .,.. T~ mgdJfied ~o~r wJ[[ a6cammodmte ~ mddiUon~[ wiretess tele~mmqajca~on's'pKoviaJ~-.'..." :...'.' :...'.. ".' '~..". ' · with '~'J~c~ase in the v~su~l impm:~ of the to~r, ~duojng the ne~r a~J'on'~l.'wjre[ess' '. ' .... .. "' m te[ecommuni~tm(on~ facJlJties'~ the aream., m. m mm mm m m-- PJeaSe'.nOt~'~'.~ aspects ~f'thm ~odi~d to~r thai d~ from ~e'"'e~ng ~' '. ' ':' '"-':' :' '"' '"' '" '"':'"' · 'A~"you.may kn.ow, A]ltel.pmvides b~h ~n'alo~llu'Ja2 ~n~ djgi~J P.D8 sm~]c'~s wJ~n ~.'." ' '" ,.:m Cha~o~SV iemm~r~. A ~nUition Ofmit~ IJ0ens~ f~m ~hQ Federal Communi~tmnsm 'm mm ' mmmm'm mm ' m : Commission n~w ~quJre~-/hmt'it pmgJde, bo~ ~nds af se~i~e mt thJsJ~tmn.m'AS m~ result, m m .... . m''.m m ~n'the ~od~[eU t~erA)~el would mtm)~ J~S ex[sting omn~Jm~onalan~nnas and~o~)~"..' '.'. ' ."'. '"./.. m a[!O gstal[ [hm~mjigi~l ~O8 pane~ antennas on ~e'mjnfom~ ~ at ]i87'F~.. :' · " .: · :. '.:" : "" .... . - . . ,. · .. ' ...: . .? .. · · : · ' O"~ th~ m'odi~ed ~wer US O~[[u[arwj~ i.nere~Se its number of panel ~t~nas ~0'm. m~"t0.' "...".. ". ':" ..... '. s[x'to p~ovjue. ~ddi~on~l wire~esA cap~6~ for ~s gr~in: ousmm,r bas~. m m' "7 m:mmm mm mm mm m' mmmm :.' ' mmmm .... ::mm.,m.mmm~ ..' .... '1 hape ~ ~t'~ ~me' that tNb.propo~d, mod~Jd'and ~i'nrak~a. Sm~fo~ ~r ~m'i be ~.' '" ": · ' '" ..... · . imp WerA~d a~¢o over~e ¢d¢~lJy · ' rep~a~u'i ~w~ fur all'of~ reasons.ti(ed above,· 'MO'St'Si'gnifi~ntly;' i b~lieve.'~ 'ffS's~/.-' .':: .:; .. ' .... "." .. · ~eight.and na~r pm[~e¢ ~ modffi~ toWer'~ll ~ve ~fminish~.'~j~uAI imp~t'eK.~e '"" ........ .": '": com~unit~ ' · · " · · ' ': '" ' '"' ''' '"'..~':'" I ..... .. ... ~.....;: .'.....:.....,.... '...:'::. · ~ '~ · As 'alsys, Shou'ld you haw Any que~on~ or'~ommen~ ~ga'~[~ the enclosed ~a'~d~Is 'or- . ~ : ahy I~ms discussed'in thi~ fe~¢. plea.~ do n~ hesi~te ~ con~ me at ~7-2~4~. '1. ' ' · ...'.' ..: - · '. , .'. . . '.'.... .. - ,,; ...." ~... , : '..'. . .. :. .... .. :. .. ;';.:.... ..... .... .. ....... . .. .. ...: :;: ...... ,: .. ';.1~. :' , .... . . ... ,.. '" .....: '. ' ... ~.m~_ .26,_ ·2¢02,' ~ ' " .'.' "' ": ' ;' ': "'" m m ~a efi~ W; mLonmgm m m :m m lmm m m ' ' ' .. "' m ' 9 ¢OmP~eS ~ '[hme 'GL~ plans ~th a 'primed on' ~.Of Ja~a~ ~.' 2002. ' ' ' ' -.. . . · . .:- . .: - . : -' · . mm m ;m.m:m.m .'mmm. m, ' m m. :mm' mm mmm .' ' : " '.~A~035~.:)_" '.' ".' · . ' ... · ' ~. ' ' '" mm m m m. :m m' mm: ' . .. . . . ...:..~'. · . .'.';...'. .. : . I · '. :. :'.. . ' · ... '...'. ,... ..."-'.· ' . . ... ....'.',:. '~'. ,: mm' ..m .... mm.m' m:. mm )m '~ .. . . .' : ~-'.' e }'.. ".. .... · . - .~,:. · ~ ~ · .3 . .- ... ..... ~- , .t.,- ~ ~'~t~ · - ' '" ~.~ ~.~' · :..~ '....'-".'..!'. :.":.":":: · . ..'..'".:.' .:'..v. -. . "~'.. . ~..~:' .-'...'..':.:..' '~ -.:'. ::, '. '-.'....-.'. ~'~"--~'~ ~ ' :":~': .... "~: ":i"'"' '"'"" '"' '"' "' "' ' ""' '':~: ':i ,"...:: .:..:~.:'...-. :.~. '.. i'"'.: :. · ' ,. ". ~ :.~ "'". "" . . '.'.";: "." . ..1'":" ' ' .'. ~ . : ., ' ..:.."-':.~. ' "'ti '.'.":' · ~_..0....~ :~.:.~..~.,~::,:....: -...-- :.,-.- ....... :. :: ..-....~:....,...:.~,~'..-.,.-:..,...~ .:...-. ,...~...~ ~,,¥....,. · ~ :,'::'~:'"' ~.:...,....~ .... .... . .:-.:..,....... ,, ,~ '. ..::~ ~-'~:~..". ....:,....~ ....~ ' ~ ~,~ ':.' "' ~ i.: '.,_.~'.'"::'r ~:. : .. '.' ' .': - -: .~ 'i "~ ~;'~ "- '-' '.,-":: _: "'"",'[ '"':'.z! '. ',", ,:'.... · '.'' '.'.-'.'.:".. '.:-" ..~'. .: 4:.!'":,[-!.,..':-':?:, ~:'- ,":"' ':'."""-'.'.:' '.'. · . i :: '.:'~.'. ".' .'.':~: :~.'./: ..".'.."': ":.'....i:.'.".. ':'..'.. ':.': :.'".."',""'.':'::'i:: :" ~'" :'.:. '.:.' '":""";'~.':..':?..-.'. ~ :..."" :" .... i .:~..' '.: ~. ".'* ~ ~,'"'-'."".~""'~ · ..'.:-........:.'...:~.:..':..,..~'.....:-...' ..'.. , .....'. · i...l.. ~::'~- , 1 . ~.~ :: '.I.., .~-~ :i"..:....~':.':...~".".'.?"::?::.z::~'-.'.i:'~ :.,':' :. '."', ~ :'~.".. '.:-' · "" ....'.' ' '""i .' .-...'...: ..' .. - -.'. ' '~::'? ::.:.'~'~ '~...: :.:.".. ~~<,.~,.~c2: .: :t//: .: ~ ". ~.-~. :..:. ".- '........"::' '.: '..:.: i: '~..--..,...~.'.'~ ..... '... '.. "'.~: ...... ',.~_. z · .'. ~'~'~ ..... .... -..- .' .-. ~. ........... ~. ~.,... .. ~_...~ ~~_ ,, .,~..................... · ' ,. ;'i~ ~j . ~' 'i,:'.'. "· .'" . - 1]....- .:..:_. · ...,, ~ -.: .. .:.... .-: ...: .- "' -"1' "~. ~i . ''.' ' . . .:. - ... .... · ........ .. ~'~r '. · . ..._~. . .' -"~.-. .%'. · .. '. . ~.' .... . ... .:~'.~.". : - -.. . . . . .-. .. ': ' ' " """'" :' """ ~: "::'i. · ,j?. . .:..:' .. ' .. !'~ .- ~: . ..:.. -.,.: · · -' :t . ..t.:'.'~..<::..."-.. · . .' :.....:. '.:.'.. · ....'.',.....:'.. :1-t" .":"' ,,'.':':".':' '".';':" ":'"."':."..":': ': ':.'::..' .'.'" "::.: .:":' :: · '" :' :":J '"" ': "": '"' "'" '""" "'" '"" ":' ":'::':" :"'":' '~ :' '" '" "': ":" ': ":':i "'"' ' :" :' :'"; ":'" ':':" :'" ''? '":' · :. '.....".: :'~. ....: .-: :...:.:.'.".' . ·... "..'. ~: ~,.-'~: .: ... .'.: . · '-' '" · · · ": ": '"' · · '"' - '. · · . .. ,. .. ...,....~....~. ..... ...~ .. ~.~':..:?~-:..<..'.. '.:. - . .....,:....... ..... ...-.' ..~... ~' . ,.:..:. . ~ :' ..' : .... ' '1 :.-,"." :" '" ' ATTACHMENT El ~" .Z · .)~'i-FAC HMENT' B 1 .:.. ".".'.. ' :".:, ".' ':...- -~. ' "."....".;'-. '-5'..' :'"'¢.'.:.'.'..' ' I.. ... ':,............ :.. :.-..,.:....:.. r. ". '." · · .:.::. .--. · .' .:':-....... ,' . ,. .... -... . ... - . ..~.:.. ::.-' "::". · "- -.-'.".: : ..... ' ' ' ! "': .' '.:.': '::":':"':.':':'"'.1' . '.' .' :Z' : · .. .. ...:... : ...'' .".. ' . :.:'::'.' .. ..:.. '-'.' ... .... . · ....'. '?..:.... . ..' · .. ',',..-.: :'... :".':"~': .:'"' ..'" . :"...": . -'. '- :.:..:'i'...,...... ' ' · ' ~',.:"."~ :!'.:?"'.r~;'.. :.. · · · · .... ..... ...ll~l'_~ll.l~:':.' .... :..:..,..:....~. ". · .' -. · ',..:~,' ": .,.'" ""in ~'all. "*" ~"-'--aw. ~35 .fi; AG~'i'~' '.' .'.' '" ':. ' · "~ ~'..'.::~"i '. '"':' .!'i:' '.'.!.,...,.,.: :;:... :.....~ . ...... . "~/'~ ., :"" .'.~r~hr .'..~,Kl~i"la~ll.~.:':.'" " - " ..---'--Mc~dd4 ...... ' ' ' :.' :.,...:..:...'....-.... ?...... · .'""".~:'.;.~!"'i'::' ~.' ."-.. "'-::.:...':'~'~!.': :'i::::.i';,~::::::.-':. . :'..' ' · .i. ".-': '. .:'/ ,-- . ,", ,-,-:~,i~".:':'.~!~,~..~ ! :" ~. "' : ..... ::' ": ' '~' ';' ' .' ".':..I;.. .:: '. ' :'... .....'.'.. . . ,; ...~...: '-:'. ...,' .~-'. ~. .. ,:.... :'.... -....,. '.~. . '... .:.. ..' ~2"~L~' ~ ~ !'... · .:. · · .. ' .... '~.:' ' · . ::.:' I'. ' ?,': .:'.. ':." ..... :., · . '.. . .., .;': :...;'.'.-....:":...'. · ..'."~'.. · .-:- ... '., . .. -.'.". · ... :..' .. . -.,, ?.::~- · ....~. ': ?..~ .. .... . .. . ....~ ,' . .-.. " . ': · ..~ '. · . . · ,<. ~.. ~'' , .. . · . :. · .. · . . ...: . :.'. ::~'.' .. ".' ~.:.... ::, :' . '. · ..... '.. . ....'.. ~ ..! . ..':.:' :' ..-.,.....'~' . .'-. .' '.. . "..~.'.'-..~ .~..?."....: ... ,...:::..'...-: . . ~'. :.. "'" '"' ATTACHMENT B'.' tS.":/. ~.' 'i.i. ::.".; .."~ ~.~"!,".'~ ~'.'~":'.. ~.'.',:;." '": '.'~. · -.In,~mli ,~'2~ f~ &OL' .' ' · · Em.wir~a,,m~M.' .. Jgbde[:' "- · . ; ...... I:. ~$90..12,.OOXA2..'... · ... :'.'. ~ llt6ff, x ~t 2"W'X ~." .. ' '-'. '.1 · ATTACHMENT .. 'Foryea~.~ha ..red'in~a.nd~,ent. beacon .~ Jhe onJy~olJon.'f~-nJ~h~im~ '.... · obsl~uc~. ,n waning...As.' .'a repla~ema~ ~ the t~ad!i~nal.md lr~n~t.' · '::.' . S~'~m.~ny. advan~.~na~m.red~. . . ...-.....: .~, .... .... u~ a~~v'~ ... d~me G~Ii~, ~ ~'t.navem p~ ~e ~ · ~.' '~il~'~n~,r ~'.mBr ~" un~a~m ~ ~pla[a ~t ~y d~ ~m ~e' . Su~und~g~~s. ~t ~u~ :h~ F~ ~c~m~ ~h th~ . . ..~.~ ~.-... · · ham'~e, .a ~no'way in'ae~'~¢ and ~vimnme~'a~p~.[tl~. :. · ' "^i'TAC~MENT ~, "OVervieW'for Zoning COnsiderations' ::.. ' ' · ..'ln.om0bai, lg~, the FAA, i~t)lished ~ stand,a~le, in Avta~i~ Circa[ar. 150/.. 53~.. 5-~3E.. ThiS..mv~sed specifx:at Lon ;wh~.,h becam~ effe~tivi~ ~1Ufin~i Me tim'.." I]Hht fr0m.the.~.we~. ~mited to 3% of the peak infens~ ~t uie sa'me {'~dia{, the:..':. only 75:~?a~,'~pproximetely ibm of a .60. w l!ght.bulfi.' This.~flaFmienlf i~- :- ~:A~cter ~ .tl~.'...p~ious FAA s~anda~d.?43D, wfllch ~id not s~ei:~y the"" amountofstm~.~tthat~uidbe.dmtectedtowardlhegrour~:l~ · '".;" :':.. · '....:'.".....:L...... ii: '.'.." " ·'...' '.' "';, · · '"' ~ .. · . . ~':. -:..v'," .~ ~'~"~ (~ . '~eFr,~.a.~.S.:":'..':. o.~,,~.. ' '- . · · "F~a~'~r~~'"'.-" '- ' ..' · is'ideal'[e'~..' · ' .': '=. "~ .... '.. '. m~i~d.":' .. "" .: '... · e~ceedi~g the .... ' . · FAA .... "" ' " festlricfflons~ ' ..... . ... - - · .'....... ~om a sour~ I~t~ a~he p[im~ ~ ~ lens. Th~ li~t (ays then am ~ra~ (o~ b'ent) by.the'~,S a,d em~e ~ ~entially ~raltel '.. s~'U ~ce (~la~h~ul~e) end Fmsn.et lens ~ve. . been d~ig~ t~eth~.~ ~ .. ' sp~ I~hfing fun~on, ~m the b~t' the ~m ~ ~e F~nei b~s .; ' ': '.':' ~~ e~usi~ ~y Fla~.. '.. T~L~ only d~ eb~ ~ ~n~i~ at .410 de~, wh~h [s.ab'ou[on~ ~the... ' e~unt ~'F~ ~1~. T~ ahd :" ~.ed to m~E S~nda~s,.thls .. . b~n ~duoes alibi ne di~emlbl6 gmuna dim~ll'g~, ~' · .'.' : ATTACHMENT E}'" "" ,~£~aZM,4aL~' COt~r coo~ · ZONING SElEcTION 6 Noscot~O.eoart.~s .. ' ". fo?tli.i~e-.bi., ' ' .' · .... · ' -'.' ~'cup'i~d..~r ~d' by-d a0n~o~ ~ ~all not ~: ........ ... "" .'. · '"" ' '.'." : . '. ' ' 1.." .., Oc~p'~ion o~ ~se of~iti~al araa,. Ohan~&' ~ or ~ ~ ~i~¢~ '.' ' .. '. f8-6-1 .... · -' ". ' ' · .. · 'z~a~ ~.~:~, ~-']~. ..:." ...... · . · .... :... .." .. .....'. .. -. · . .. ~ ... .'.'~ .'.:..-.... . .'.' : ."- ,. "~e ~.~ ~ilM¢~,. . '.. ATTACHMENT. ".i~ Lomi'~, " · ...... ,. .. "' '"' "' "' :'" '"" ' · · ' · £. ' Eff[~t'~/ckq'ng~r of. ~skip. A ~ange ofLh,~ ownersh;p or o¢oa~ancy of.~ .... . ......:.::.. :.....- .. ":~ of.~h~'no.e~o~[~ u~o." · ' ' · .'- · '" . '. .'..:: : .'... " ~ .'...-.. · ... ...: . . . ..... . .... . ... . ..: .. .... ...2'... :. - . .. '- . : '. ..'.:. · .'2~ .. ...' . .. .' . . ' ' :s~'¢~'b~in: '" .-' .' ' · · ' ' .'. -' .". .'.' ' ' ' .".'. "'.., .... '"' .". · ' .. '. - "~.~ be m~d'ot ~.~t ~ ~ fofl~'g.ei~n~ ~.~v~d~. ~at ~e ~[~..... .: "..,.: ....". ' ..: "" '....':"'.~ ~i~.~.~... -..... ~'i~ ~1'o~ ~t~ ~~ts: . .: · '.... :::.:'.......:.....' .. . .....':. ............, ..:.... ".'"" '"'" :'"": ' ' ' '.'.""': ." ':.' ." :3' i. :.: co~o,gi-~ ~;~ ~'~'~.~<~.'~'~.o~'~. :' .'.'. -' " .. ' co~[ie, w~ ~e ~'g r~l~i~ ~li~te. to ~e distil' ~ ~i~ ~e s~e i~ .l~' ~ .~ ""' .. : " ..'. .' o~ c~pli~ ~i~ ~ ~ont ~ ~ md sing s~k ~ui~menls applY'able ~.~e dis~et.i'a '~ . .. .. · - - wh~h ~e tet.[s '~o~. · .... '. ' .... .. " ' ·. ': "': . ._ ~:4~2' ofth~, chapt~. ~ ~m ~ a nen.~g ~ ~i~ly m ~ ~ of ~:. :' ..' .' . ............. ~ ' :: ".'" ..~mn~ 6f~on 42 ofm~s ch~t~ a~ q~:ft~ for ~e exmwron ~a.~.~e~on4.2,~.t;of. .... ~... "' .....' .'t. ~. -". .. '.~s~a~r,.. ." . '." .. '.' ". '. · · " .' ./ .. · .' ':.." : .~: .... · ..'". ~. .. .. :. .... ..~.-~.,~ ........~.. ."'": ...."..'.........-... . .... . .- .. .... : , ~.~ .. ...........: .,... . .':..~.~...: . ' "' ' "~ : Xon'ingflu~mm~'~. 6-~0' · .,~ - · ' .TI~ ~t~t~ture is'~'nObc'e~fo~g ~trd~ture bgc. ause'~ ~o~ ~ot c~mply w~ ~ ~ ya~ s~k .. · . . ..".'.......'-...:..;.. '; . ...?. :. ::"" . . :' .... ,~. :..,. ..... .-. .... · ::. " .... '.' ATTACHMENT C '. '1 · )ILBF~.4RJ,,E COUNTY CODE :.. · .'.6f~mB~on,.'.' · ' '"' .. ..' · · ... .. ?~ff~.~ o/~ ~~ ~~,~. ~ ~o~. m~.~...'. '""' '"' "'"" " '. .... ~Iy m ~e.r~am. ofa~ ~u~ horn ' · ..... '...:.. ',..' · ".." ' · .. - . . . ...... ... :...'. .... :...... . ..........: · ..... '-..-.'.~n~.~.~.~z.~. ~ .... · . '. .. · ..." ' -. .... ~t~w~[~.~c~l~a~ '..'. .' - · '' · .=. ..'.. .... : · '. .' :.'. ..... .. :'.:, .:. '.::':.','"'-'.. , ".". ~..'.-r~'a=.vi~.~,~'." ".-. ':': :. ' .'... -' .. - ...,:'..":'.'..... ... ' .- '. ...'. ~: .... ~,~ .~.~,~,~e ~.,. . ..'.' '. ,."... · -',... .. :....'.'...' ...(.). '~' .~).:,.:. ~,....,.. :. :.'... · .~. · . . . : . . . . . "..' ....... .':.. . · .'.,.. . .:..."" . ':': :' . ::..":.'.." :.'.' ::". '. '. ..' .tb'lla~': '..'.:..'~':.... ;."...:............~ :.: ......~-. .. ~.. ...... . .- .... :,....:. '...:~'"..."..~-.: :'?.......'.'.~:. ... ..... '~'m.m~lm'~Onfv~" : . ..:...... ~ ': " ' ~, 'f''.. ~. ' '.'.". · "" ' .'." .'..' .' '.~: .': . ' "' .'4".. .... · '. .'.' · "" .STAFF. PERSON:.. : STEPHE WA~,LER'... ":' ..... NOVEMBER i3i'2001! · "BO~ OF SUPER~$ORS: : DEC~ER 5, 2001 ~" ...... L, ..... . ." · ~o~a ~~C~,~R' · . .' · .'.. The' ~pljc~t'.S ~S'M.'~.to i~md'~ p¢~o~ w.~el~s ~mm~fions f~.~ ~y ~tae~g 7, .. . an ~sting 29~'~ ~:.~y~le'~/mfi~.mw~. ~tfi a ~W 26~t ~:..to~er ...' ' ~qt~ foot ~li~.hui~g.~d ~ cabinet~ ~O be p]'~d ~ a [~.~u~'fo.~t oo~cm:¢ pad ·within ~ 2 bY fl~e Comp~ye plm Petition: '"' ·" ':' "." : ....... : .... ' :' ""' · ' ...~xistiag'~i~l~ facility,.which c~e~y sa~ons'a posen of~e Qoycmge' 6bj.~dves fbr diff6~nt'p~soa~ Mmles'~"sC~i'og p~'bvid~, A&ordi9g to ~e ~plica~".s ~huea[ ~mv~ of- '' "the mp~t tower ~d ~t[ouhl ~uM f~.fies, would pmdd o ~ ~u~e ~m¢~ ~d · ~ee~ie~ ~up~'B ~lo~ ~e ~llomtion of~dk~o~ ~te~ae fPr ~e by at lo~t twp'a~di.t~Sn~ pm~ders.' Aa~'<d ~am~ '6q~ipm<t ~or the ~L~L, sTet'ha: ~d U,S. Cetl<~'are. · 'preset ~ f'h~ C~jliW, -~d ~e '~pos'~ 6xpm~n'woald ~low Devon Mobil~ Co~[m~6'adofla" ,. '"' <id N~t~l P~e~s ~.uffii~ ~he.sit6~ ~e[l~': ':. '.... '.:. '. ' .,' ' :.' ."': . ..... . · ' :~id¢ flora .a ~cd~ti an i~'.h~ght~ the'.~p~t'.? r~q ~t bas i den~ some· ~ofi M ~SmI impac{ 0cme radn . S~ff =~ysia'alm ~vm comi~on for the ~}.~Mt .~e si~s of · e ~s~,~w' to-er. ~utd be ~pr~at,ly ~ree fret wid~ ~ ~e sides 6f~¢ exJafiBg ' · .. .. .. . . . :, ~.. :. .~ . '........ ... The '~ p~6minefit'"fmtmes' on'~ e ¢x~sfi~ toW~ m~ists of m ~y of p' el' m..mr ~re' · .the f~of~e.~t'~=. " ' ..... '"" ' " ATTACHI~ENT D"' " " " ..'.' . ' ." "' "" :- .... ATTACHMENT D "~ ,,,j_.~ d z~,~_~,~ m~t " ........ " ' ' :" .... · '-' a RI1 orv~ ' " ... · : .... '.ap~v'ed to ~l'low fl~ ~o~fion o~the .~3'6' sqaam f~ot'ufi~.~l~ lomt~.f~t ~ ~. '" .... '.f .'~.'.2' ..:'..'~a'~... ~t... . buil~'~' w~ ~mplet~: ~'. is~ U~ ~ ~mte of ~~ in"J~e'199~ .. . , · · .of~bg .A~ ~Z.A)o~~, in pm'; ~e Zonfng ~ini~6ff~ . ..' .apPe~ r~ul~ed' ~n.a'~ de~naim ~ the'a~fion of.~m t6'.~e tew~ wo~d net: . ..~.] ' .'budding would. ~fitUm ~ ¢x'p~ien a f a ~combming use, ~.~efom r~ uimO a ~ial '- ". " 'usep~L " ' ' . . .:. ..'' .: . .. ... use p~t appJica0on to ~16W the ia ~t~a~o~.0g a.I 2-foo~ x ~om Ut~ b~l&'ng at'~is ~i~e..." '" ouS~rwsgm.am'ng, :. .. .. :" ..... .. .... ... ' :"': RLD 9~100Eare Co'mmnnim'fi0ns, Inc,- h June t998, a ba~di~pb~t wasissu~-~' ~'' · · '. ' " · . · .'s~ng.'~u[pmem m ~e bfi~nM, u6~tybni]~ng " . .. '.. · .. · .... .'. ."' ' ' ' BP 01:,3 American To~ C0mp~y - in J~u~ 2001,' a b~.lding p~it w~ issu~ to al[o~. '" ':' ... '~e g~mt of.~fionar autenqae w ~e tow~," -. · ......:,'.... ........' .:." .... . :.' .... -., ... · '.....'-... ....:.... .. .. · Cnarae~roft~earea: '.' · · -'. · .,. :~Js ~ite'~s.'d6vel~ wi'~ a f~c~.pe~onM ~,l~s ~mm~ion ~i.fi~g.beated'"' ' b~n." "'" "'. :.".. .."". .... '.' '· ' '" ':' : '' ' ' " · .' :' : · .~tsl] tower~.which h~ a..top ¢lev0Aion Of. approx!rfiate!y t ~fi fe~ ,boy~-le~ (ASLj, is '.. .. ~e no~, south and West s~d~ of ~e si~ ~ ~d~ by ade~ ~x~e of ~ ~e .. ' ' those. ~es.w~ ~S~.~t is s~s o.pi~oo"tha~ ~s a~ifiona.i ev~.~emenmg, would· · · . · ...WNoh'begi~ at. ~go~ve (State ROute 1Qgo).~d..dx~d~.~0u~ ~e ~;. Lego ~ve is ."..': .. ~.h= c=~ia~tion o'f the top.=~y md veg~afion betw~n ~e m~ ~ ~c fae~hW, i~I ~=d ".'. · ~uipm~r m~d the tower ~e '~bse~fl ~o~ most p.oin~ on ~go ~'ve.' Howard, = large · .... ' zr~ fdr ~e..~hemR. PRD. S~f re~ ~g ~e tower .is aim.viable ~om-sme'o~e'r dis~t · - l.~a~ons,.'sugh'.a~.hi~er elevation~ ~thN ~ P.~te? Jefferson Pi~ pl~ fleve{opm~t. - . .'. .. . ~'~.: ..' ~' ....: -'.....'.... .'. . .. .. . .'. :. .. . N'o~der ~ ~vide ~ ~i~l aseiiment of thc height of~e ~to'pos~ .~w~.~'e~i~n ta tim( · of thc ex~fi~g'~0Wer, ~ ~p~i ~mmp!'~ to conduct a b~lo~.Ddl d~ing a field . ~t~n.~a~ 0n ~e ~o~os m4 pl~, sta~h~..~mpted to ~sess.~e. vis~i.'i~p~ of~e.:' . ·. :.:. ?oti¢yiS -m'e. eompommt of the ComprekmnfiV¢ Plan that p~d~ s~ifiC g~i~¢¢ ~"~¢': ..'. · ~poSea tow.~.w0md ha locked ~ ro~.m~ely ~ay b~t~.t~ ~f ~d me,tb~of~o. · ..... ' . ~fihg. t0w~....,....:...... · ., .. : '.:~' "~ ~:~ .~..-. . ..,' .: .. · .. .-. . ...... .. '..". ... · $ta~.~vi~:0f-tiffs r~¢st.fo~ camporee with me r~o~e ~aci~ of ~ Com~ee: " pr0Pps*4.' '.f-cei"h.'fies:.firem ~drroanding properties'and roadways. The Wirele~ p61_iey'recfmme-nds.. :..' "' · the irnptcmenmti0n of ~.threediered approval M/siam to add~s,s, Cril:~ii relmd'to p0tenti'ali'¥i~ual ' "'." ."'..i ' ~'mp'~,eL' ~he/ira{ tier sets'a p.~ef~r~n;~ fo'r ~h¢ a~toPment or s~ealth facilities i~b~t'em5 b~ '"':. co~pl~¢£y o.o. noe. al~d withi,~ ~x]'8dng. structures; or. g~ac~ ~ ~ming ee~g s~{~s; ' '..- th~.U~cs:ar~ also lmely w haqe ~v~e mdre ritual 'impaer~..'~nsid~g ~Ose de~,~s, '." '""" · ' ' '~ ~es p~e~..ro'r ihe other ~¢levm~ ,ompo~m of thc Comprek~i¢~ P ta~.'~ W~l'~s Pa~.~ r~o~ Undo'rotund'ably. ~s probl~ cou]d"b~ f~ ~at~ ~m Ti~. Th~' t'ow~m · are in~ta.llcd Withi'n 'Avoidance Areas, a'fact tha{ is Mreacly-demonatrat~ W.ith ~h~,,~ ~xisiing.te~er.' - for.thi.~ fmoi[ity. Therefor~ ~tat-f~ analy~is.'i~ la'gel7 foeu,qed on the p~'sifi.~e.'.a~pects tha.'ti,'ould '-'.' "~... 'pe~sibb' remit/rom, allowing ~e:.rCplacement of~e existing towm With a s'hortsr-one. -"' '"......' · 0pen. S pace'Plan and.~_ Ch aD~r 2: '. "'.. . · Th, Opm ·Space. Concepl Map'is'use4 t; gui~fe ap'on space pl~ and def2sion-ra~;,,g'.by.... :."...'."." .... · pm~d~g ~.iny~m~ to help id~d~ many ~e"ar~ Whom i~o~{ ~0um~ ~:.pm~ ...... . '" m~- The Come, ire Plan id~fifiea mg~t~ as majo~ 'o~'~, ~.~at' ~ :. ...'..'.'..' · · '... ' i~fied ~ ~e'Opea'Sp~e'Pl~ .th~'cg'O~t~a~y be ~d ~y ~S ~pli~o~ ~ c~"'..: sto~, f0ro~s ~d' scen~e ~. B'~e the ~ ~iately s~u~ing..'~ f~ ... ievel ~d ~evoid 0 ~'my ~i'gnifi~t. qeg'etati~,.it ~ st~ s ~imon ~t i~fi~ 'of ~e. '..'.:"' ..:X.. "..":' 'impure.' ¢~ ~.fi~' sl~os or.~r~m,. H0w&v~, ' staffv~tl ~ktdre~s ~he. iasue's' ofthid' 1-¢qu~t£n.."f'our"g'e¢ffo~s: ""' .'. ..'" "~;tiOm'?O4'(~x)(.7)(b)(I)(Ii-}.'0fTthe. Teld'oommm~icafions' ~et of.1996~' %'" ".' 'So,Eon 4:~'0.~. ]~ or~th~ ZoninS. Ckdiman~'~ waiver of'fi:to setbadi;, and,. -'" ' .. :~ ...... S'ecti~n $2..2-2':'o'fthe Zon~ng'Ckdinariee 'waiver ofth~ sit~'p'lan r~uirorrfenH~: ... '." fkey ~;be st~at~g'jcally design~ to min i~e vi'aibfliW md mi~'gate tko imp ac~ fipoq'$d . ".. .. ~Oun~ eq~pm'~t'cabina Would not-be'visibke' ~om' n:~by.~peaies:,' ~d world' not'ha~ a' '" tbw~'of ~e.pmp~ s~ {n ~:md~min r~mce ~a wdatd be inoo'asist~.with se~l of/~ ' ' relegmt'.~ehaCS i~t a~e.~et ~nh iu.~e.Gom~se Pi~.' How~er,..by imptemen~g'a' m0~fing ,~eime ~ a lower top etevmon ~n t~ one wlfich '~s"Mr~ in me, st~fi.n~ ..... ~t appm~ in this ~e con!d help.to ~da}e ~e ~sib~ ofth'e ex'i~g hcili~ f~m some. Of '" ' prO~.dC~{ that would be ~low~ ~ 6oltocate a tiffs ~iti~,.. : .' " .Z. lmild sm;&tur~'ih~t.'..a~, n0,tal.ler, than the.na~kl tree canopy, 'stractuzes that are not."sk~ighted.~'' ' · . ' 'agkiri~t th~ ho'rizon,.aO, d' strgetur~.~ha~'dO.,n.o; alter'the ~ntiimit~ of'the ddgelin.e."."Th.O..~iretes$ ,.. l~oEcy'offers fanhor.'s'appOrt o']f .those gUideldncs 'wit~ its own reco~mmdatiott' against ~it/ng · ....'" . personal wireless, service facilities, withLn .':Ayoidance A~. ea?. stroh as mouatakas, eorcept, wh~'n..-i' ":.. :, the ne~.' guy wkCgs would be eXteaidqxl'.from ihd p.~o~ed" ~wer. ~a .i~ b&'mse' ~, ~t'i.~g · '.' ::'..:'..... tO~-woutd riot. b~ m~ov~.~' ~ $~ n~w rower h~ b ~ ~e'~"so. ~e' c~g ~y.wire.. ' :.'": ..patha c~or be us~fl']" '.'.:' ',"..' ".-"" ':. · .' "' .. '"' "". ' '.'. · .. ' "':. "" '.".'"' '.. ::"'"'"'"'" " · .The m~i~. ~vafi~ or~is ~ is '~oxim~.ly 770'f~ ~L, md'.~9~r&'g m ~e. :.. ':.. :.... Mo~n Ov~l'~'Di~.ot' ~at [o~ M~. 9~ ~¢ Na~al .~so ~eS-~d'~m~ ~'¢U'dMPt~,' .... '.. ~ ~ountai" ~so~ ~a be~s at ~he 700,foot eontom ~{~M ~ ~s ~ci~.' .Pmp~iqs.' · ".'"... .. · Z'.'.' bedd~e cf fi~ wiaib{H~ s~m~ng pr~ ~nd ~p~ 2 ~mn~& ~ app~c~fion.of ..'. c~ta. mhd~s i~de5 m ~ot~.momin resdma: ~ ~lu~ ~,~.m~dai~ m. '.,. '.." .'.':'.']... ]. :..' .... ': ..... - ' .... "' " '"Alq'ACHMENT.D' ":" · . ·: g~]~{pmp~¢ ....... '.. .. -.' .'. : . · · .- . .....-..:'.."" ..'.' .;.: ~...;.....".' ..-.. · '..'-':.....~'. . .. oEg/n~, s~s ~o~dati~ ~1~8 eondifib.n~.~at wtuMon'ly..~Iow.'~e'~c~ent'of. :2,." .. ' '.":"' '.'." "." motored.:.-:'. .... ;.; · '-... .... ........ . · . .':...':-.: · .. .... ... . ..'.. ",'" . '. ~m~.Of.the ~p0.s~ ro'~l<e the existing tower c'outd be ~eehve }n md.~/ng th~-n~ of . ' '"" ,. .- . · .... . : . . . ... :.'.. ,.:~.... : · ..'. · ' [B~'~ 0n.t~'e'.~ve2e~'d.'~tors, ~fffinfis.thae ~e.p~s~ f~i~t9 ~td no~ i~s~ mty: ,.-"..' ":.. '."" '..' "'2.'.'.."'" .' '. · . :~b~] d~t to ~j'acent ~p'~ies. '. '.' · .... · .' ..... , .' '. . . " ~ ... ........ ' ' :t__~ ~e c~t~ bribe d~stdct ~1] no[ be ch~n~ thereby, '. · · . .. . . . ...'......' ?.'. ).. '. ... . ..... · . '~uafions. whe~.~'~ o= b'e'dc~ to.blend i.nto ~e na~ s~undM~'~,'a~h~ lO'..' "' .. [~.' '. "........~. '.' · '.pr~'<t ~ this ~i~ ~ i~s'c~ s'm~ 'for mine thru 3'0 ~,. ·. · · ' "'.- '" : ' '. · · -.. .. .... .. .....~ "' . ....... . " .. .. .. . ... . .. ........: .... ...:.'.:..:..'."' . . .. - -. . ..: . . . ... .: ;". · .":" O~in=~. . . . ..~ ..~ in..Se~0n ,'I';4~ =d'~fth f~er m[ermee, m ~d~.. 1 ,.5 .md' 1,6..'.....:. [.~'.. · '". '.. · ." · .' · .:'....'-.:.': :...' ...:'.: ," . . . .. .' .... . . ... .. .".~.........' . ..'...... "' '"',:":"'"" " " "' " ' ' ' ..'.'.'"' "' :"~0 · "" " · '" 6 "" :- ; ,.'.: ",~ ~t~t o~he'~n~ng ~Omc~ . ' ' . ..'. : '..'...'.. : .. . .. .. · . .... .'.'..' ...., .. · .'. .' ..:.'.. . j"' ....' ..' · . :". :"' ' .... ..'."-: ' · .... ·.... .'...'y.... .~:'' . . ': ::" ' " .... ' ' ' C~~ ' · """ . . .... :.. · · . . · . ~':'. ... .. '- · .'"' . ~' and w~ a'mou'~fing'aw.u~m at the pmpm~ ~i~t w~ld be.~ dk~ c'o.nflict ~[h s~eral cf ':. I '2 · .' '*f ~mmended'~ial. ~'e'pe~t co,Omens.:" ' .',.... '".....'" :' '.- ..". '.." ':'.-.:.'. ".. '~. ':~..'.:."...'. : : "' '" ,." .. " '.' .','.."~ith ~he'ua~ ~emi.a~.hv fi~t"~n ~e ~smct,., ' ... ....' :.;'. '.'-. ':' ..." ..". ". '. '-" ".".:-::. -'"'"'. .... -:":'~" ~.. ;,:~. I' ....' · . . , ..'..- : .. '...' -.. ' .:. ....' .. ' ..' ..., .' .. '.'.. '.:,."'2.; .... · ... . ~.'. ... .....a; .'.·... .... i' ' · P ..... ' " I '. ' the ~egelopm~.'of.~e m~'.?:. ~ Q~ '~t' o~erge~c~es, the in~d' ~c~ to ~el~s' .' ' '..: ;' '" '." .' .".:'-.. ' · "' '" .. 5, [. 12d ~lishe~ a'~r preFer~nce:~or a}lo~ing more ~m one cemp~ to use ufi~d~; their'- . "· ' · · '" ~ppu~enmt~a~m~ ~ 1.i~ fm~ i~.e~ ~o:'~~'the ~l[f~d~n o~fi&h it~ ~ ' '"'"" are~ Wi~ ~~ ~ri,, hsu~ o~,s.cen~c.~ue (A~t~hme~ ~,-. ' ':" '"' '"."" :. '."' ":"..' .. ... .. .. .............: ........'.....' .... '..-.:.~.. '.......~'. .... . ..... ...: ... .... · ,..-...::.'. :..".,.:.... ...... : ...~ .'......'..... ' .' -. ': .. '~t'im meting o n. ~tob er':[O, ~01 'th~ 'Bo~ .e~ Sup.~i'sor¢ ~?pl~ 8.~o~'.5-~,¢~ ~' ~a~e~...:. '~..:.~' :-'..'..........'..: ~..:'..: ~ ·" , '... P~'m~ ~.~te's~ $~ce ~l~.ti~; ~ ~e flmr ph~e ~'.~mpl~fi~.~ w. mlcs~ p~h~y...' '" .. · ..... ~.~" .. · .... "( -....'.. '.'- .." · '.. · · . · . -. v... ..'-..'~.. · ....:-. ......'. :.:......: .... ....., ..:.:.. .... ~.. ." ...: ...., ...~'..' '..~.:' ..... ': ......'.:...'..., ....:..., .'...' '.'.'.......'.. "............._~' ......:-'. '.....: .".. ;.' ...:':' ..'..........'.:.': ... .. ..,.,...>'-.'. · . . .: · , .' .. .~flom &at s~h~ ~~ for ~mvM,". ' ":.' .... , .'"'. .... '.:'..' ', '~:'..." ...' .:.:: :: :.'.'.' ' '.. ;'" ' --.... ." .pe~:~'. .. .:. - · '" ' ' ' .. · .. .....'. .... '..':'.'....:.. '.... .. '.'.' .... :.".'..'.'.-:. ......... : .. .................. . .... ..... .... . :: :: ............ '" '..'~p~ific~yrel~'edto ..... ' ~' - "· ' " · ." .-...'. '..':..... :...'..".... ~uppo~. the.cofloc~ion. , . .of. fl~.(3) ~ 6ffl~h momled ~t~nn~,.by ~t. B~'e Se .." .. " .. · · ..' · .~e~eatre~afiom'~'p0~ei~a," ' .' ' · '... · .'... .. ..:: · -. '....'.. . - . '.- . -. ...... . ..:." :.:..s~t:~.'~0: ~<.¢~ ~ '" ~: ~' "'"'": :"'"' "::' :" "'"':': . '.' a II of The Telaebmm~nieafi0n's~. 'Jg' "' - · .. ': ..'. '.'--' ,...: ............. ~'~. . ..~._ _ . _ ._ .. .':....."' . ::.. · . . . · , . . .. ~g .-...'....: · . .. .. . . ........ .... .. .... .. . .:,~.... ' ' '"' ' ' ' " ' ' '.:.'.' 2.".:": "' ·. · .' .:" . 8 ";...'. :" ..... ::>. ';:'"'.' 'i · '-' ":- :' ' · · " ATTACHMENT D 'langUage, '240 sta~ or ioc~d gov~mm~t o¢ i~strume~aa.ii~y thereof.may reg~ ~' p'l~t · ..' eo~om 'md mo~fieo~on'of.p~m~ ~et~ a~ce ~liti~ ~ ~e-ba~s 6f.~e '.., ~tim¢ i~.~'~:dima ~'m~he F~ .~l~':for iago ~q~cy'mi~i0~.~.''~e:'' '-..'.. .'. :'rm~m~:~n'~a~e~g pm't~-~'pugtic h~m m~ 's~f~.. '. '..... ..... · '" · ' .:..~".:'~ ~fMr~l&s ~ia~..h m~ir e'~m~ ~me'~'-.~ili~ md i.m ~is~ mo~g., s~c~ o'ffer · : ~equ.at~'.a'up~:.f~ t~e pmda~ 0fp e~ .wimle~s'~~ca~on S'i~ io s~','~e ~a t~'W0~d be'ea~ Ma'~e n~.~~ at ~8 .site. '-~fom, it'is· '.. s~.S .~pigion-~at ~nial 6f t¢i.~ 'app~eafio~ wo~d'uet ~v~ th'e' effmi ofp~hibit'~ ~e .. .. provision· afp~oaat'~ml~s'~'m~catim~ ~i~e~.".'. · - '.. - '. · .. .. · 2;... · sU~y':" '." : ... · .' · .. ..'..' .. .. .... . ~:~. '..,-:'...' ...: · . · · :"'.'.'" .' " ..i.."... '.'. " " · '" .'. " "'. '":" : ". ' 1. '. A~,M of ~a ~. wb~d ~gw-..~ ~p~fa~ for mil&aries. ' ".."." · 2.' '~e n~ town.md ~om~a ~¢ipm~t would ~ ~ct.any Of ~o~.~'a~+.~o~.~..~. ~,.~ -": ........ · ' ' . ". "'~ ." :'. ". .... . . 3'. ...' The n~'w~e~.wout~,be set f~ away ff0m tke-ne~t dwe.ll.~'{h~'~e.~sfing · ' · · ..~ ~,i'~. .' . ,namb~'ofn~f~fl}fies ~at woad' be'seWed:to pmv~ the-8Oge~ objectives ~ ~* · .". · .' . :~$~.:' .. ....' .. . 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Vgithiri one math kt:Ce~: L,%-' "' ' .' :: completion 6fthe.k, wer Jn~l~om' th~'al~plieant" ah'alt pmgi'aca Staten~cra. t~ ~h~ .... -" .. abov~ gr0.und ~e~cl'm4d irt' citation ~b'ove sea, tev~lt (ASL); '.' · . · ..... " ..'-' .. ma/~¢ peri6ds; .regmttl~s ~thelnm.cns'¢miteed, each ouMo'.d~r'tn~in~r, '..' ., ...tka is aot:ra uima. ~af'ecy'~hall be 5d.ly. ahieldkad' e,... '. With.thd.e×¢epfion. ~fa groand'ing md, no. equ/pmcn, t shali'be'pen~i~t~ed to ex~¢nd" Ail. utiliey'~ilaings.ancl ~uipment'.~abiaets withh4 the facility shall be ah:all be' "' s.c~.~.ned'fi'9, m .adjae~; parce! located COst o£ ~h¢. sit~.witl~"a.shade to'lc~tm; species :.0]t*ev~g~cn. ydgetat/on,, subject to ~e'.approval Q?mmart. ity. D~elopment'and the 'L'Lan'dseape lalanne;.. ' ' .'. · · ' The new Uti!it.~ bttfl~l.ing, g~und eqtepment cabinets and concrete pad shall be' ' "A-'Fi-A~3R'ME'NT..D" 10 .' ::' dark brown in color~' .end ahall be.no 'l~e~:' th'an the sp¢cificat/0kS se4'f~r4h in'tbS - --" :' · · attached.plans.entitled '~Amcrican Tower L?mitcd partnersfiit~ (C 'hart~tt¢~i.fl~ .. , ' .. f,. ' Unless expressly reqaii~ by Federal Axd,.qtion Admini~lrmSon.fi:gulado~as, ttie.· ' : · ' tower'shal~ not be p'amted. Any' .future~FAA re,4uire~ent to paint the tOwer'~'~lI" .'.'... · . ::' .: ....' .' be doi:.ameat¢d ~d..~ubmitt~ to -the gort~ng Adrninistramrfor'ineiusio~ wit'fi the,' . .... ". '." 2-....' .. ~Eq~iprnent shall be 'attached to the stmemr'e only as fo]Iowa: '. · .. a...." 'One. miemwav'e dish ~h,qII be ~.~weil' at/t height of 1 78 feet abcive'gr~add .le,/e[.'or ' .. ! ... . lowe~'. That'di, s,h shal£ be/ao'iarger tha~'the d'i,qh that'is ¢twrent!yattak, heai~o the." ' " ::existing toWer.. The.al3plic.~ttt.,dh~l subn-~t the dimenJsi~'ofeach microwav, ~'shl ." · '" · .' '. to'the .Deph'~tment.of Plart. r~ irlg and Commurd~y Developm~nt..12cr/or'~;o ~& .iss~tanc¢. . . . · "0"..Five ¢5) arrays o'f flash-mounte/t panel antezmas,.whi6h sha~l not to exceed'six (~i'. "' ' '.. 'fe. etin.I.engtl~.a~deighteen(r'8)incanesinwid;h; noneof~e anteama,~t~pmjeet. .. ":.' '. '. fi'om the amc[are beyond the ~inimum.required.by.the mounting a:luip, mem, a~d' "" ... .... :..... ~c~e~-' ':'. '..: '"'-:",. :::" ..'."' .' ..... - · .... · ...... ~ o~ tow~., :. :. - - ' the ~zw 26&f~'~ rower. · ...... '" ...... '. ~ '" "~". "' ~'etor; th~ ~pa~t man.~i'.r~o~; ~iaiag. ~m wftUn ~o ~n~.-(200).fga of ' .. the' ~e'im me'.kr.'~le~s tel~omm~emion's.p~o~ a dil~n~d',: " .... ' 6.' .... ~e.~pl'ieant, or.~ sub~mu~t'Om~;' sMl[. sabot a' ~x tO'~e 'Zoai~ ad~ini~tram'r ' · . .. teI~'municafi~s:'~d~.: '..'. ..... .. .." '" 8... The En~n~ag.~pament sh~l ~t ~pproval'of ~ ~sioh ~d ~mmt eon~l pI.~ · ' .pdt't0 ~.lue'iSsu~ ofa.bailding p~.~t .' .... . '." .... ' :" · · .. ......... : ;": ....'.. . .... .'..?. , ..'. · .." .. .. ;.:'".' ....... .. 9... No si~a'assdeiat~ Wire ~tacti~n of~e f~W ~d ~,a~s0~..~es:s~r be er.~ted . .:....~t~le.to-flie counW en~eer ~ Cmptoy~. .... .. . 10.- :.'. ~e".app:c~t ~h~i.mbmit a tev~sea set o'rSke pl~.m me D~~t afP~ng md ... ' '~ ..c;~mW.Be~'3topm~t.'"~fiqr'to tae.iSs~ce, of:a.bml~ng'~e~t fok.c~mmc.fioa of · '.. ~:. ...... ,.. : .. .'." .. ' .:.' ... :. . .' .. l'l. :ATiACHMENT'D" Desiqn Considerations in Relation to Fall Radius Requirements for Stack-N-Bolt and HonoStar Tower Reinforcinq System,~ In considering the design of tower reinforcing systems, certain elements are always considered in relation to the fall radius and collateral impact of a structure that has catastrophically failed. The majority of Original Equipment Manufacturers (OEM's) intrinsically take into consideration the fall radius and sequence of failures of their towers. When a tower or monopole is modified with a Towertek Reinforcing System, the original design considerations are replicated as closely as possible and great care is taken at the design stage to not alter too greatly the failure points of the original structure. Specifically the following types of structures are engineered in the following ways; Guyed towers are considered to be caged elements by virtue of the guy wires containing the mast. When a guyed tower naturally fails, the mast is always engineered to be the weak link and never the guy wires or anchors. :If the structure was to fail from excessive wind and/or ice pressures the mast would collapse upon itself. Arguments have been made by some that the tower would "fall like a tree" extending out from the base as far as the tower is tall. This is almost never the case of an actual failed tower which in a failed state, comes to rest in a very compact mass concentrated around the tower base and almost never extends outside of the anchor points. Self Supporting towers are designed to fail somewhere around the middle or "waist" of the tower. When this type of structure fails, it is generally expected to buckle somewhere in the middle and will fold over onto itself with the lower half remaining intact. As the base sections are exponentially stronger than the upper sections it is very unlikely that the tower would fall fail there. Monopoles are designed with considerations virtually identical to that of self supporting towers. The base sections are exponentially stronger than higher portions of the tower. The fail zone is generally located around the middle of the tower and would likely fold over onto itself. These statements are considered to be general in nature and not directed to or referencing any specific site or tower. Care should always be taken to properly engineer any tower with allowances to minimize impact from a failing action. Tn no way does this statement guarantee or attest to the failure prognosis of any structure whether modified or unmodified. Each tower is unique in terms of design, loading, environmental conditions, seismic events as well as other factors and only a specific structural analysis could possibly determine the likely failure point for any given structure. Sincerely, Kerry P. Donnelly President, Towertek Tndustries, ThC. I~R-20-02 WED 08:91 tim OFW NIRELESS Marcl] 14, 2002 Valcric I,ong Attorney McGuiro Woods 310 4th Street, N.E. Sn~te 300 Charlottesville, VA 22-902- Fit× IqoRIEIREt~AT BOS MEET~N~2 Agenda Item #:. Cle~'$ h~ak:~~ 9Ol i ~re[um ~y, suite Rid~mond, V{rginia k~l (~4) 327-5300 Shadwell Charlottesville (#10109) /Wolf Pi/Peak / CV106 Hansen's Mountain Communications Tower- Proposed Tower Replacement Dear Ms. Long: The Virginia PCS Alliance, L.C.d.b.a. NTELOS C"IqTELos'~) is a federally licensed Personal Commtlnicafions Service ("PCS") operator in thc Ch,'trlottesville, VA Basic Trading Area~ In 1996, NTELO8 coil°Cared its PCS antenna facilities on an existing 296' AGL guyed tower in Albemarle County, VA loeatedoff on Lego Drive ("CV106") originally owned by Earo Communicatious, Inc. NTELOS' collocation lease with Eure Commmficatlons has since been ~signed to lhe current lower owner of CV106, American Tower LP (~'ATC"). ATC see~ the approval of Albemarle County to replace this existing guyed tower. NTF. LOS has been.approaelaed by ATC to consider flush mounting its PCS antennas on the proposed new tower in order to facilitate ATC's required Special Use Permit NTELOS is not willing to consider this request. The existing slandoff frame antenna mmmts ("boom mounts") ofl~r optimal horizontal separation between PCS antennas. Dual polarity antennas will have a negative effect on thc wireless link budget used in N3'ELOS' wireless network design of'this part of Albemarle County. While NTEI',OS h~ used dual'polarity antennas in other parts of tho Albemarle County, it has done so already factoring in the negative propagation and capacity lhnitafions of dual pole antennas. Please lot me know i fi cma answer any further questions. Sincerely, Ali Ilajialigol Direelor of RF Engineering SP 01- 038 American Tower, LP Proposed Modifications to Staff-recommended Conditions of Approval: (additions in bold with underlining, deletions with strikethrough) l(c). With the exception ora grounding rod and. the safe .ty li~htin~ required by the Federal Aviation Administration., no equipment shall be permitted to extend above the highest portion of the tower; l(d). All utility buildings and equipment cabinets within the facility shall be shall-be screened from the adjacent parcel located east of the site with a shade tolerant species of evergreen vegetation, subject to the approval of the department of Planning and Community Development and the Landscape Planner; 1 (e). The new ground equipment cabinets and.~..~..~..,,..,*~ v~,.~"a shall be painted a dark brown in color, and the new concrete pad shall be tinted earth-tone, and shall be no larger than the specifications set forth in the attached plans entitled "American Tower Limited Partnership (Charlottesville VA-10109)", dated August 23, 2001 and revised on January 25, 2002; and 1 (f). Unless expressly required by the Federal Aviation Administration regulations, the tower re.inforcement structure shall not be painted orange. Any future FAA requiremem to paint the tower shall be documented and submitted to the Zoning Administrator for inclusion with the permanent file for this request. 2(a). The microwave dish currently attached at a height of 198 feet above ground level (AGL) or lower at- and the FM broadcasting antenna at t80 feet AGL shall be removed from the tower; 2(c). Five (5) arrays of flush-mounted panel antennas, which shall not to exceed 8-1/2 feet each in length and twelve (12) inches in width. None ofthe panel antennas shall project from the reinforcing structure beyond the minimum required by the mounting equipment, and in no case shall an antenna project more than ~ eight and one half {8.5) inches from the ~ reinforcing structure; an~. Notwithstanding the foregoing~ the panel .antennas mounted at 206' AGL shall not projec, t more than eight fe. et and 0ne-half inch from. the reinforcing structure;and 2(d), Each antenna and its associated mounting equipment shall be painted a color that matches that of the tower ~info~ing structure, \XI~EA\107642. t McGulreWoods LLP Court Square Building 310 Fourth Street N.E., Suite 300 P.O. Box 1288 Charlot~esville. VA 22902-1288 Phone: 434.977.2500 Fax: 434.980.2222 www. mcguirewoods.corn Va[erie W. Long Direct: 434.977.2545 V cGUIREW DS vlong~mcguirewoods.com Direct Fax: 434.980.2265 March 13, 2002 Albemarle County E~oard of Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 Re: SP 01-038 American Tower, bP. Dear Members of the Board of Supervisors: At the Board of Supervisors hearing on March 20, 2002, I will be presenting a special use permit application on behalf of our client American Tower, L.P. I would like to take the opportunity to provide you with some background information on the application to accompany the other materials in your meeting package. Summary of the Proposal: American Tower proposes to structurally reinforce an existing 296-foot tower located in the Rivanna Magisterial District near the Ashcroft subdivision to allow for the collocation of additional wireless providers. The tower has existed since the early 1960s, and three sets of wireless telecommunications antennas are currently located °n the tower, as shown in more detail on an enclosed exhibit. Amedcan Tower proposes to structurally reinforce the existing tower to accommodate the weight of three additional sets of wireless antennas. In addition, American Tower would voluntarily reduce the height of the tower by 36 feet to a height of 260 feet. Ground equipment for two of the new sets of antennas would be located inside existing structures at the base of the tower. Ground equipment for the third set of new antennas would be contained within a small brown cabinet on a concrete pad adjacent to the existing structures. Most importantly, all three of the new sets of antenna panels will be flush-mounted to, and painted to match the reinforcing structure, which will allow them to be nearly invisible, especially from a distance. Merits of the Application: The benefit of this proposal is that it will allow Amedcan Tower to accommodate additional collocation on this existing structure without increasing its height or visibility. In fact, by voluntarily reducing the tower's height by 36 feet, Amedcan Tower will help reduce the visual impact of the structure. When one compares the existing structure to the proposed modified structure, there are many improvements: The shorter tower will have a reduced visual impact. American Tower will relocate the antenna cables from the outer frame of the existing tower to the inside of the existing tower, which will result in a tower profile that is 33% more narrow for almost half of the tower's height. March 13, 2002 Page 2 · All reinforcement work will take place within an existing cleared area, greatly reducing -- if not eliminating -- the need for any tree removal. · Ground equipment for two of the new sets of antennas will be located inside existing structures. · Ground equipment for the third new set of antennas will only require a small brown cabinet on a concrete slab that will be tinted earth-tone. · American Tower will replace an existing row of landscaping along the eastern edge of the compound with a double-staggered row of species more appropriate for the wooded and shaded character of the area. · American Tower will plant additional landscaping along the boundary of the property located to the east of the tower, in a location selected by the landowner, to provide additional screening of the ground equipment. · American Tower will remove an existing microwave dish from the tower. · American Tower will remove an existing FM broadcast antenna from the tower. · All new antenna panels will be flush mounted to the reinforcing structure and painted to match the reinforcing structure to minimize visibility. · The existing lighting system will be replaced with a more modern system that reduces the amount of ground illumination. Proposed Modifications to Staff-recommended Conditions of Approval: Enclosed for your review and consideration is a list of proposed modifications to several of the staff-recommended conditions of approval. Most of the proposed modifications are technical or clarifications, with two exceptions: (1) the reference to the way the flush-mounting distance is measured, and (2) the requirement that all (new and existing) panel antennas be flush-mounted to the tower. Condition 2(c) provides that the panel antennas may not project more than 12 inches from the existing structure. However, the three new sets of antennas must be mounted to the reinforcing structure to be effective. The distance from the outside face of the existing structure to the outside face of the reinforcing structure is just under 9 inches. I have enclosed color computer- generated antenna-mounting detail pages for each of the existing and proposed sets of antennas, containing the dimensions of each providers' panels and the distance between the outside face of the reinforcing structure and the outside face of the panel. You will note that none of the providers will require the full 12 inches from the outside of the reinforcing structure. If condition 2(c) were to limit the distance between the outside face of the reinforcing structure to the outside face of the antenna panels to 8.5 inches, the new providers could be effectively flush-mounted, resulting in minimal visibility. The proposed modification to condition 2(c) also contains an exception to the flush-mounting requirement for Ntelos' (formerly CFW Communications) antennas located at a height of 206 feet. Ntelos' antennas have existed on the tower since before the County routinely required flush-mounting. Although American Tower can require the three new sets of panel antennas to be flush-mounted to the reinforcing structure, it does not have the authority to require an existing tenant to modify its antennas in a way that will have an adverse impact on the signal transmission, which would be the result if Ntelos were to flush-mount its existing antennas. This is particularly important since Ntelos has developed its network in the area based on the strength and distance of the signal at this location. If Ntelos were to flush-mount its antennas at March 13, 2002 Page 3 this location the signal would have a shorter range, resulting in Unacceptable gaps in coverage. As such, American Tower requests that the Board allow an exception for Ntelos' antennas, as contained in the modified condition 2(c). While the visibility of these antennas would not be reduced, nor will it be exacerbated by this narrowly crafted exception to the flush-mounting requirement. This is particularly important in light of the fact that all three of the new panel antennas will be flush-mounted. Waiver of the Setback Requirement: Section 4.10.3.1 of the Zoning Ordinance requires that towers be set back from adjacent property lines at a distance equal to the height of the tower. This tower has never met this requirement, as it existed since before the setback requirement was implemented. However, because American Tower will voluntarily reduce the height of the tower by 36 feet, the tower will come closer to meeting the setback requirement than it does now. Section 4.10.3.1(c) grants the Planning Commission the authority to waive or modify the setback requirement upon a finding that the public health, safety or welfare would be equally or better served by the modification or waiver. American Tower applied for such a waiver, on the grounds that the public health, safety or welfare would be equally or better served by the waiver since it would allow the tower to come closer to complying with the setback requirement, and because the public health, safety and welfare would not be adversely impacted. Because the Commission did not grant the waiver, American Tower respectfully requests that the Board reconsider this request. Again, granting the waiver will not make the public any worse off, as the tower already does not meet the setback, and it never has. But granting the waiver will allow American Tower to move forward with the structural modifications, including reducing the height of the tower by 36 feet. Furthermore, a wavier of the requirement could easily be conditioned upon American Tower providing a letter from a structural engineer certifying that in the unlikely event of the tower's failure, that it would collapse within the lot lines. Such a certification would be additional evidence that the public health, safety or welfare would be equally or better served by granting the waiver. Response to Concerns Expressed by the Planning Commission: The four members of the Planning Commission who did not support the proposal focused on 5 main issues. I would like to take the opportunity to respond to these issues: 1. Strong preference that Ntelos' panel antennas be flush-mounted. As discussed above, American Tower does not have the ability to require Ntelos to flush-mount its antennas. Of even greater significance is the fact that Ntelos has developed other facilities around this location that are strategically located to one another based on the range of signal from this facility. As such, if Ntelos were to flush-mount its antennas now, the network would not function correctly and gaps in service would result. Finally, regardless of whether the Board elects to grant the requested permit, the Ntelos antennas will remain as they are, and with the proposed modifications to the tower the visibility of these antennas will not increase. 2. Additional antennas would be located at a higher location on the tower than any antennas are currently located. March 13, 2002 Page 4 Several members expressed concern that one of the new sets of antennas would be located at a height of 260 feet, which is higher than the US Cellular antennas which are currently attached at 236 feet. However, by flush-mounting the new sets of antennas and painting them the same color as the tower reinforcing structure, the new antennas will have extremely minimal visibility. The reason flush-mounting and color matching are now standard requirements is because such minimal visibility results when these procedures are used. This is evidenced by the photograph, included in your packet, of the existing tower as viewed from Peter Jefferson Place with a 300 millimeter telephoto lens. Even with a lens that strong, the flush-mounted US Cellular antennas at 236 feet are not visible. Therefore, it should not matter at what height the new antennas are attached, so long as they are flush-mounted and painted to match the reinforcing structure. 3. Opinion that this application is equivalent to an application for a "new tall tower," one that would never be approved under current County policy. One Commissioner stated that he considered this application to be equivalent to a "new" tower application with a design, location and height that would never be approved under current policies. However, this tower has existed for almost 40 years in the same location and at the same height, so it is far from a newly proposed tower. In addition, it is important to note that the only thing separating this application from a by-right application under the new County wireless ordinance is the number of antenna arrays. As you may recall, Section 5.1.40 of the Zoning Ordinance now allows collocation on existing structures (including towers) by right under certain conditions. Such by-right collocation requires that panels be flush-mounted, painted to match the color of the existing structure, and that ground equipment be screened from adjacent properties, among other things. However, it limits by-right collocation at three antenna arrays per structure. Because American Tower is proposing to bring the total number of antenna arrays'to six, a special use permit is required. Finally, the fact that a tower of this height, design and location would likely not be approved today is no reason to prohibit reasonable collocation on the tower, especially when the new antennas will comply with the current collocation regulations to limit visibility. 4. Belief that the existing tower does not have a long life left; that it will "not be around much longer." One Commissioner stated that he did not think the tower would be around much longer, and that it did not make sense to permit American Tower to reinforce it and accommodate additional collocation. To the contrary, however, American Tower would not have purchased this tower a mere three years ago if it did not think it had a long life (both structural and economic). In addition, if American Tower is not permitted to reinforce the tower it will merely leave the tower in its existing state, and its existing tenants will continue to provide wireless service from the tower. 5. Opposition by one member of the public. At the Planning Commission hearing only a single member of the public spoke in opposition to the proposal. This adjacent neighbor expressed concerned for perceived health-related effects associated with additional collocation on the tower. I have provided her with information from American Tower demonstrating that the cumulative amount of radio wave emissions from all six sets of antennas would be less than 1% of the safety limits established by the Federal Communications Commission. This individual also expressed concern for the visibility of the March 13, 2002 Page 5 existing ground equipment from her property, which is at a slightly higher ground elevation than the base of the tower. To address these concerns American Tower has proposed to replace the existing landscaping adjacent to the structures with a double-staggered row of a more appropriate shade-tolerant species as recommended by the County's landscape planner. In addition, American Tower will plant additional species-appropriate landscaping on the edge of the adjacent parcel at a location selected by the landowner. This proposed landscaping is shown on sheet L-1 of American Tower's plans. No other members of the public have expressed any concern for the proposal. I have spoken with representatives of the Ashcroft Homeowners Association who have no objections to the proposal. In addition, a representative of the Thomas Jefferson Foundation has expressed that it does not have any objection to the application. Once you have had the opportunity to review the materials in your package, please do not hesitate to contact me with any questions, comments or concerns you may have regarding the application. As always, I would be happy to discuss the project with you in more detail at any time, or to meet with you for a site visit. I can be reached at my office at 977-2545 or at home at 293-8407. I appreciate your thoughtful consideration of this proposal, and will look forward to discussing it with you next week. Sincerely, Valerie W. Long VWL/hll Enclosures CC: Stephen Waller, Department of Planning & Community Development Francis Silberholz, American Tower, L.P. \\REA\109384.1 ~ ' ~: McGuireWoods LLP Court Square Build;ng 310 Fourth Street N.E., Suite 300 RO. Box 1288 Charlottesville, VA 22902-1288 Phone: 434.977.2500 Fax: 434.980.2222 www. mcguirewoods.com Valerie W. Long Direct: 434.977.2545 McGU]REWODDS vlong®mcguirewoods.com Direct Fax: 434.980.2265 March 13, 2002 VIA HAND DELIVERY Ms. Ella Carey Clerk Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 Re: SP 01-038 American Tower, L.P. Dear Ella: Enclosed for inclusion into the Board of Supervisors packets are several items in connection with SP 01-038 American Tower, L.P. as listed below. I have enclosed 9 copies of each item pursuant to your direction. 1. Letter to the members of the Board. 2. Large glossy exhibit by Towertek Industries showing a side-by-side view of the existing tower and the proposed modified tower. 24x36-inch sets of American Tower's plans (these are to supplement the 11x17-inch size the Planning Department will provide, which can be difficult to read in the reduced size). The larger plans are to scale. 4. Several color photographs and photosimulations of the existing and proposed modifications to the tower. 5. Letter from Towertek Industries discussing the fall-zone issue. 6. Prints of the antenna detail for the various antennas. 7. Color prints showing the distance between the existing tower and the tower reinforcing structure. 8. List of' proposed mOdifications to the staff-recommended conditions of approval. In addition, I have also enclosed a "zip drive" containing the electronic version of item No. 2 above. I will forward to you by email "jpeg" versions of the photographs and photosimulations (item number 4) and also of item number 1 above. Ms. Ella Carey March 13, 2002 Page 2 Should you require any additional information or materials, please do not hesitate to contact me at 977-2545. I appreciate your assistance with this matter. Sincerely, Valerie W. Long VWL/hll Enclosures CC; Stephen Waller, Department of Planning & Community Development Francis Silberholz, American Tower, L.P. \\REA\109388.1 8 7/8"F~orn outside to outside Por¢~f or i9 ir~l fo~er P,c~n "6§" ty SN B P.e inforcJn9 l// tern of:plied c~rd exist incj '~r Existing 296'+AGL Guyed Tower Photographed from Peter Jefferson Place with a standard 28mm F1.7 Lens RECEIVED AT DOS MEETING Date: . :~'~-~,2 ~ -- O~ Agenda Item #: PIEDMONT ENVIRONMENT~ ~0Jl~C IL Promotin~g ~nd protectin~ the PiedmonPs r~ral economy~ n~tur~l ~a}oUrcas, hi~ory and ~provements to the ~edcan Tower at Shadwell - Special Use Pe~it (8P-2001-038) Statement to the Albemarle Cowry Board of Supe~isors, March 20, 2002 Good evening. My name is JeffWerner. I represent the Piedmont Environmental Council. I have two issues to present. First. You were involved in the debate on the Peters Mountain tower. You are aware of the disappointment to my organization and to numerous residents of the Southwest Mountains when the County approved it. The DHR has since concluded that the tower will have an adverse impact on the Historic District. This applicant is seeking "special" approval for a tall, "existing" tower in eastern Albemarle. We again suggest that the County should have pursued the use of this tower for the 800-MHz system. It may not have served as an alternative for the Peters site, but the consultant did suggest that it might serve as one for the Carters site. Last year, the County summarily dismissed this idea. What could potentially haVe been a win-win situation for applicant and taxpayer was never seriously pursued. There is another issue that we suggest the County take into consideration here. In the Peters Mountain discussion, we brought to your attention the interference problems that 800-Mhz public safety systems are experiencing from commercial systems. One of the primary causes of this interference is Nextel's radio network. Nextel is identified as a proposed user of the Shadwell tower. In other jurisdictions where interference is an issue, often the solution is to add more towers. The County is thus considering approval of a tower that may support a private carrier whose system may interfere with our public safety system. If an interference issue arises and--quite possibly--additional towers are proposed to resolve it, how many more towers can we expect in the Southwest Mountains Rural Historic District? If this SLIP is granted, some provision should be made to place the burden of that solution on someone other than the County citizens who have already had to accept one visible intrusion into the Southwest Mountains. Second,Several people have asked me how this tower can be approved when the current policy would never allow it as a "new" tower. In the Planning Commission, Pete Craddock--who has a talent for colorful summations on issues--commented that the idea of making this 296-foot tall tower less visible by lowering it 30-feet would be like putting earrings on a pig and suggesting that it were no longer a pig. The proposed "reuse" of this tower is a clever way to construct a "new" tower around the skeleton of the ol& If this were a new tower, it simply would not be allowed. The County's tower policy should be applied. Maybe this is just a "new" use for an "existing" tower. In that light, I must rely on one of my own Craddock-like sayings. This is Pocahontas' original hatchet from Jamestown. My great grandfather had to replace the handle and my dad had to replace the head, but it is, after all, still Pocahontas' hatchet. Isn't it? Thank Y°U' jl~~' Highway NE~*URAL, SCEI~¢, AND H~C R~SOURCES COAL: Protect the County*s natural, scenic, and historic resources in the ~al and E~o~th areas. INTRODUCTION Natural, scenic and historic resources are present in both the rural and growth areas of the County, but they are most closely associated with the Rural Areas. There is a strong relationship between these environmental resources, water supply protection, and agricultural/forestal preservation. Conservation of natural, scenic and historic resources is one of the four major elements that form the basis for the Rural Areas concept. These resources are also an integral part of the environment in developing areas. Natural, scenic and historic resources are essential to Albemarle County's rural character, economic vitality, and quality of life. The three types of environmental resources are discussed separately in the following sections. Often, however, a single resource will serve all three functions. The Rivanna River, for example, is a natural resource which provides aquatic habitat and floodplain; it is a designated state scenic river; and it is an historic resource with evidence of canal locks rmmmining from the days when it was a major transportation route. All environmental resources have several properties in common. First, environmental resources provide multiple benefits: ecological, educational, recreational, aesthetic and utilitarian. Another characteristic is their interdependency. Protection or misuse 'of one resource will also protect or adversely affect other resources. For example, the maintenance of forested areas protects surface water quality, wildlife habitat, critical slopes~ groundwater recharge areas and air quality. Environmental resources are also finite. They can be depleted, such as through the conversion ~f farmland to development land, or they can be degraded, such as through the pollution of drinking water supplies'. These characteristics increase the importance of providing environmental resource protection. Many natural resources are currently protected through regulatory measures. Scenic resources have limited protection through the scenic overlay districts. There are currently no historic district regulations. To determine the need for additional regulatory measures, comprehensive inventories of environmental resources will need to be completed for both the rural and growth areas. An historic preservation plan will be developed to address possible regulatory measures. Voluntary measures will remain an important strategy to protect all type of environmental resources. RECEIVED AT BOS MEETING Agenda ~em #: ~ 95 produced- in the past~ includel limestone, - .Other.-minerals~ ~] ~unimportant, :' are gold,: limonite, hematite,~ ana;~ P~ Other minerals and rocksufo.undf.~tt~in :tbe.~County which have been sandstone, and Albemarle, but relatively Copper,-felsite, garnets, There are ~urrently thirteen ~.p-~ "-els in Albemarle County with owned or leased mineral rights. . ~_~ ~.m~ It is not intended that .miner&ls?!~esources be protected like other ¥ natural resources- -.There:'~are.~t.W~ii.~cOnc~-rns-: u-~that mineral resource production .should 'not conflict ~i~ho~adj~_cent existing or proposed development; and that .mineral resource extraction should be accomplished heal'h,! :safety~' and we[fare. ':- ~" ~Pr6~e~ofi' ~S;:cUrrently provided by. the Natural Resource Extraction' .Ove~D'~-~i~Ct!~in the Z°ning ordinance' be followed for mineral ion areas wher~' in terms of shockwave in proximity to ~lastin~ J- Require' disclosure'of sing as a part of ~rezoning, subdivision, :site plan, and other applications for 2ounty review. .In the case of land~subd~iF~i~s~o-~6).a:~Pr°minent disclosure statement regarding .leased mineral::~ig?tsmshal.':'Lbe required on the resources = · .?:: 'Avoid development' ..~:of.~.l ~ .).~-~ incompatible to subdivision plat.: ?~.~e prohibitdredging ~>:~,~!~ June to protect'the ., ~ ~:.:. ~i~.:Season andY.the; ~ development. months of March through spawninE/matin~ and larval Objective: Pceserve the County's scenic resOUrces as being essential to environme~tal~.9~e~re.outstanding in their scenic natural 'elements,.such as !~nd wildlife, and pastoral · past and present culture, ,,: f.arm buildings, historic Scenic Landscape Features This category includes features such as hilltops and ridges, water features, rare geologic features, rare vegetation, views and vistas. It is intended that the best scenic features be identified and preserved. The aesthetic quality of both natural and man-made settings can be defined and quantified, using criteria such as: Quality of views (distance, width, depth, Continuity); Variety of features; Uniformity of character; Absence of incongruities and conflicts of materials, scale an~ color; Dominance of landforms; and so on. Identification of scenic features will direct attention to these resources. Voluntary conservation of these areas is essential, and the need for additional regulations may be necessary. When development does occur, design standards can be used to protect scenic landscape features. Wooded and Open Areas This category includes vacant and undeveloped areas in both the rural and growth areas. Open and wooded areas are very important to the scenic character of Albemarle County. While it is impossible to regulate the development of these extensive areas for the reason of scenic beauty alone, their preservation deserves a high County priority. Wooded or open areas in specific locations having significant scenic value, such as certain wooded road frontages or buffer areas, deserve identification and protection. Design Standards In addition to the conservation of scenic resources, it is also important to address visual quality during the process of designing and placing buildings, roadways and structures in the landscape. In both the rural areas and the growth areas, the visual impact of new development can be improved if design standards are followed. One key issue in visual impact is "modification of the familiar" or change. The less change that occurs in the foreground, especially when trees exist, the less the visual order is disrupted. In cases where no trees exist, landscaping is introduced to create a new order. In urban development, the introduction of a housing, commercial, or industrial development can be best accomplished if something of the original character can be preserved. A buffer of natural vegetation helps retain a familiar characteristic of the area as well as screens intruding visual modifications such as parking lots, while still allowing visual perception of the new function. tt0 Public Utility: Any plant or equipment for the conveyance of telephone messages or for the production, transmission, delivery or furnishing of heat, chilled air, chilled water, light, power or water, or sewerage facilities, either directly or indirectly, to or for the public. Public Water Supply: A water supply consisting of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, operated by, for, or under the authority of the Albemarle County Service Authority and/or the Rivanna Water and Sewer Authority. Residential Area (Gross): The total area of land and water within a residential development. Residential Area (Net): That area of land and water within a development designed for residential purposes and unoccu- pied by streets, open space or parking areas, provided that individual private driveways accessory to residential uses shall not be considered streets or parking areas. Residential Density (Gross): The total number of dwelling units within a-development divided by the gross residential area and expressed~ in dwelling units per acre. Residential Density (Net): The total number of dwelling units within a development divided by the net residential area and expressed in dwelling units per acre. Restaurant: Any building in which, for compensation, food or beverages are dispensed primarily for consumption on the premises. (See also "Eating Establishment") Retail Sales Area: That portion of the net floor area of a commercial use devoted to the display and/or sale of merchan- dise to the public. Storage of inventory, offices, and other such areas not devoted to the sale and/or display of merchandise shall not be considered as retail sales area. (Added 7-20-88) Retail Stores and Shops: Buildings for display and sale-of merchandise at retail or for the rendering of personal services such as the following, which will serve as illu- stration only and are not to be considered exclusive: drug store, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barber shop and beauty shop. -18- (Supp. ~42, 7-20-88) ALBEMARLE COUNTY CODE Sections: CHAPTER 18 ZONING SECTION 6 NONCONFORMITIES 6.1 6.2 6.3 6.4 6.5 6.6 CONTINUATION REPAIRS AND MAINTENANCE CHANGES IN DISTRICT BOUNDARIES EXPANSION OR ENLARGEMENT NONCONFORMING LOTS (Amended 9-21-88) RESTORATION OR REPLACEMENT 6.1 CONTINUATION 6.1.1 Any use. activity, lot or structure in existence on the effective date of this ordinance which does not conform to the provisions of this ordinance relating to the district in wNch the same -is situated, may be continued in accordance with the provisions of this section. (Amended 9- 21-88) 6.1.2 No change in title to any property subject to the provisions of this section, including bur not limited to the demise, renewal, expiration, termination or modification of any leasehold interest, shall impair the nonconforming status of such property. 6.1.3 Any such use. activity or structure which is discontinued for more than two (2) years .shall be deemed abandoned and shall thereafter conform to the provisions of this ordinance relating to the district in which the same is situated. 6.1.4 Whenever any such use. activity or structure is changed to a conforming or a more restricted nonconformir~g use. activity or ~tructure. the original use shall be deemed abandoned 6.2 REPAIRS AND MAINTENANCE 6.2.1 On any building devoted in whole or in part to any nonconforming use. work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures,.wiring or plumbing, to such'extent that the structure is kept in a usable condition. Nothing in this ordinance shall be deemed to prevent the strengthening or restonng to a safe condition of any structure or part thereof declared to be unsafe by any official charged with promoting public 'safety upon order of such official, including, whether by order or voluntary, improvements to promote fire safety and handicapped access (reference 4.%. (Amended 9- 9-92) 6.2.2 Nothing in this ordinance shall be deemed to preclude the zoning administrator fi'om authorizing issuance of permits for the installation of potable water supply, toilets and other sanitary facilities including such building or structural expansion as may be necessary to house such facilities, provided that: a. Such facilities are not duplicative of facilities available within such building or structure: 18-6-1 ALBEMARLE COUNTY CODE Any such building or structural expansion shall be limited in area to that necessary To I~ousc such facilities: and That usage of such building or structural expansion shall be devoted wholly and only to such sanitary facilities. (Added 9-9- 921 6.3 CHANGES IN DISTRICT BOUNDARIES Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this section. 6.4 EXPANSION OR ENLARGEMENT 6.4.1 The use of any building or structure shall conform to the provisions of this ordinance relating to the district in which the same is situated whenever such building or structure ts enlarged. extended, reconstructed or structurally altered. Nothing in this section shall prohibit the replacement of a nonconforming mobile home with a larger mobile home. provided the mobile home is labeled to indicate compliance with either the Virginia Industrialized Building and Mobile Home Safety Regulations or with the Federal Manufactured Home Construction and Safety. Standards adopted bv HUD. 1974. as amended: and, further provided that the conditions of section 5.6.2 are met if applicable. (Added 3-5- 86: Amended 9-9-92) 6.4.2 Any building or structure located or constructed prior to the adoption of this ordinance may be expanded, enlarged or extended in accordance with the rear. side and front yard and setback regulations of the prior zoning ordinance. In all other cases, the rear, side and front yard and setback regulations of this ordinance shall apply. (Added 9-21- 88: Amended 9-9-92) 6.4.3 A nonconforming activity may be extended throughout an>, part of a structure which was arranged or design ed for such activity at the time of enactment of this ordinance. 6.5 NONCONFORMING LOTS (Amended 9-21-88) 6.5.1 Any lot of record a~ the time of the adoption of this ordinance which is less in area and/or width than the minimum required by this ordinance may be used in a manner consistent with the uses permitted for a lot having the mimmum area and/or width so required: provided that the rear. side and front yard and setback requirements of this ordinance shall be maintained: and provided further that no such use shall be permitted which is determined by the zoning administrator to constitute a danger to the public health, safety and general welfare. 6.5.2 In the case of any subdivision approved and defined as such pursuant to Chapter 14 o~' the Code of Albemarle after December 22. 1969. and prior to the adoption of this ordinance and which was of record at the time of the adoption hereof, the rear. side and front yard and setback regulations of the Zoning Ordinance m effect at the time of such approval shall apply to all lots w~thin such subdivision. In all other cases, the rear. side and front yard and setback regulations of this ordinance shall apply. (Added 4-15-81: Amended 9-21-88.9-9-92) 6.5.3 For purposes of this section, any lot shown on a preliminary or final subdivision plat which was approved by the proper authority of the county in accordance with law prior to the adoption of this ordinance, and which plat was subsequently recorded in due course, shall be deemed to be a lot of record at the time of the adoption of this ordinance. 18-6-2 ALBEMARLE COUNTY CODE 6.5.4 Lots recorded prior to the adoption of and not m conformity with this ordinance ma5' be resubdivided and redeveloped, in whole or part, at the option of the owner(s) of an3' group of contiguous lots therein: but every such resubdivision shall conform to this ordinance and all other count ordinances currently applicable: provided, however, that no such resubdivision which in the opinion of the zoning administrator shall be substantially more conforming to the requirements of section 4.0. general regulations, and the area and bulk regulations of the district in which such subdivision is situated shall be denied for failure to comply with the provisions of this ordinance. (Added 6-14-89: Amended 9-9-92) 6.6 RESTORATION OR REPLACEMENT 6.6.1 Whenever any nonconforming structure, except signs, or structure the use of which is nonconforming is damaged as a result of factors beyond the control of the owner and/or occupant thereof, such structure may be repaired and/or reconstructed and the nonconforming use thereof continued as provided in this section provided that such repair and/or reconstruction shall be commenced within twelve (12) months and completed within twemx,- four (24) months from the date of such damage: and provided further that no such structure shall be enlarged or ~xpanded as a part of such repair and/or reconstruction. 6.6.2 Anv such structure which is substantially destroyed as a result of any act or omission within the control of the owner thereof shall be deemed to have been abandoned in accordance with section 6.1.3 of this section. 18-6-3 10.2 10.2.1 PERMITTED USES BY RIGHT The following uses shall be permitted in any RA district subject to the requirements and limitations of these regulations: Detached single-family dwellings, including guest cottages and rental of the same; provided that yard, area and other requirements of section 10.4, conventional development by right, shall be met for each such use whether or not such use is on an individual lot subject to section 10.3. Side-by-side duplexes subject to the provisions of section 10.4; provided that density is maintained and provided that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provid- ed density is maintained. Agriculture, forestry, and fishery uses except as otherwise expressly provided. 4. Game preserves, wildlife sanctuaries and fishery uses. Wayside stands for display and sale of agricultural products produced on the premises (reference 5.1.19). Se Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albe- marle County Service Authority. Except as otherwise ex- pressly provided, central water supplies and central sewer- age systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) e Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer trans- mission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) -89- (Supp. ~72, 5-12-93) 10.2.2 10. 11. 12. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14). Veterinary services - off-site treatment only. Agricultural service occupation (subject~ to performance standards in 4.14). 13. Divisions of land in accordance with section 10.3. 14. Tourist lodging (reference 5.1.17). 15. Mobile homes, individual, qualifying under the following requirements (reference 5.6): ae A property owner residing on the premises in a permanent home wishes to place a mobile home on such property in order to maintain a full-time agricultural employee. bo Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed twelve (12) months. The zoning administrator shall be authorized to issue permits in accordance with the intent of this-ordinance and shall be authorized to require or seek' any information which he may determine necessary in making a determination of cases "a" and "b" of the aforementioned uses. 16. Temporary mobile home in accordance with section 5.7. (Amended 11-8-89) 17. Farm winery (reference 5.1.25). (Added 12-16-81) 18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic yards including all borrow pits and borrow areas on any one parcel of record on the adoption date of this provision (~eference 5.1.28). (Added 7-6-83) 19. Mobile homes on individual lots (reference 5.6). 11-92) (Added 11- 20. Commercial stable (reference 5.1.3). (Added 11-15-95) BY SPECIAL USE PERMIT 1. Community center (reference 5.1.4). 2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.2). 3. Fire and rescue squad stations (reference 5.1.9). Swim, golf, tennis or similar athletic facilities (reference 5.1.16). 5. Private schools. -90- (Supp. #81, 11-15-95) 6o 8. 9. 15. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances, unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances. Day care, child care or nursery facility (reference 5.1.6). (Repealed 3-5-86) Mobile home subdivisions (reference 5.5). (Repealed 11-11-92) (Repealed 3-15-95) Horse show grounds, permanent. Custom slaughterhouse. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance standards in 4.14). Group homes and homes for developmentally disabledpersons as described in section 15.1-486.2 of the Code (reference 5.1.7). -90.1- (Supp. #78, 3-15-95) bo For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricul- tural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public health and welfare. To these ends the commission and board may require among other things: (Amended 11-15-89) -Separate building entrance and exit to avoid animal conflicts; (Added 11-15-89) 5.1.12 -Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) PUBLIC UTILITY STRUCTURES/USES .~ ~ be The proposed use at the location selected will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties' or the devel- opment of same; Public utility buildings and structures in any resi- dential zone shall, wherever practical, have the exterior appearance of residential buildings and shall have landscaping, screen planting and/or fencing, whenever these are deemed necessary by the commission; In addition, trespass fencing and other safety measures may be required as deemed necessary to reasonably protect the public welfare; In cases of earth-disturbing activity, immediate erosion control and reseeding shall be required to the satisfaction of the zoning administrator; Such structures as towers, transmission lines, trans- formers, etc., which are abandoned, damaged or other- wise in a state of disrepair, which in the opinion of the zoning administrator pose a hazard to the public safety, shall be repaired/removed to the satisfaction of the zoning administrator within a reasonable time prescribed by the zoning administrator; -63- (Supp. 952, 11-15-89) 31.2.3.2 31..2.3.3 hereinabove upon demonstration by the applicant of adverse weather conditions or other extreme circumstance beyond the control of the applicant as opposed to lack of industry or exercise of good faith on behalf of the applicant. (Amended 9-9-92) Improvements deemed directly related to health and safety such as fire hydrants and safe and convenient access to public roads shall not be bonded and occupancy shall not be permitted until such improvements have been installed and are operational. The zoning administrator is authorized to accept instead of corporate surety, letter of credit, joint savings account or other-like security. (Amended 6-2-82; 9-9-92) Subsequent to issuance of a certificate of occupancy by the zoning administrator as set forth in section 31.2.3.1 hereinabove, it shall be unlawful to use or permit the use of any building or premises in a manner more intensive than described on such issued certificate or to change the use of any building or premises contrary to such issued certificate, until the zoning administrator shall issue a zoning compliance clearance for such intensification or change of use. Such clearance shall show that such building, premises or part thereof, and the proposed use thereof is in conformity with the provisions of this ordinance. (Added 9-9-92) The provisions of sections 31.2.3.1 and 31.2.3.2 notwithstanding, nothing contained ~herein shall be deemed to obligate the zoning administrator, following review of any building or premises, to issue a certificate of occupancy or zoning compliance clearance in any case in which the zoning administrator determines that additional improve- ments are necessary as precedent to such issuance to protect the public health or safety, whether or not such improvements are shown on the approved site development plan. (Added 9-9-92) 31.2.4 SPECIAL USE PERMITS 31.2.4.1 RESERVED TO BOARD OF SUPERVISORS The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in' this ordinance maY be issue~ upon a finding by the board of supervisors that such use'will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the 'purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided i~section 5.0 of this ordinance, and with the public health, safety and general welfare. 31.2.4.2 APPLICATION Application for a special use permit shall be made by the -filing thereof by the owner or contract ~purchaser of the subject property with the zoning administrator, together with a fee as set forth in section 35.0 of this ordinance. No such permit shall be issued unleSs -201- (Supp. #68, 9-9-92) ALBEMARLE COUNTY CODE 4;8.3 HOUSES DISPLAYED FOR ADVERTISING PURPOSES Construction of a house displayed for advertising purposes, not intended to be sold or occupied as a dwelling, whether in connection with a residential development or otherwise shall not commence until aperformance bond adequate to insure the removal of the structure has been posted. 4.8.4 (Repealed 3-18-81) 4.8.5 (Repealed 3-18-81) 4.9 HANDICAPPED ACCESS Nothwithstanding any other regulation o£ this chapter,-ramps or other modifications to a lot or structure, which are the minimum required under the Americans with Disabilities Act to serve handicapped persons, are authorized in all zoning districts. (Added 9-9-92; Amended l 0;3-01) (§ 4.9, 9-9-92; Ord. 01-18(6), 10-3-01) 4.10 HEIGHT OF BUILDING AND OTHER STRUCTURES 4.'10.11NTENT It is the intent of these height regulations to secure safety, to provide adequate light and air, and to protect the character of districts and the interests of the general public. To accomplish these purposes, the following requirements and limitations are established. 4.10.2 FIRE AND SAFETY REQUIREMENTS 4.10.2.1 FIRE .PROTECTION No building exceeding thirty-five (35) feet in height above grade shall be erected without certification from the Albemarle County fu'e official that such building, as proposed to be located, constructed and equipped, and particularly occupants of upper stories, can be pr0pefly protected in case of fire. In the case of structures other than buildings exceeding thirty-five (35) feet in height, the commission may require such certification where a determination is made that there is substantial fire danger to such structure or to surrounding properties. 4.10.2.2 AERIALNAVIGATION No building or other structure shall be located in a manner or built to a height which constitutes a danger to aerial navigation. In such ease where the commission believes a danger to navigation may result, such structure shall not be located or erected without certification from the Federal Aviation Administration and the Virginia Department of Aviation that such smacture will not reasonably constitute a danger to air traffic. No building or structure exceeding one hundred fii~y (150) feet inheight above ground level (AGL) shall be located or erected until certification for the same has been obtained from the Virginia Department of Aviation. 4.10.3 HEIGHT LIMITATION-EXCEPTIONS The following exceptions to height limitations for certain buildings and structures shall be permitted provided that no building or structure shall be exempt from the requirements of section 4.10.2.2. 4.10.3.1 EXCEPTIONS-EXCLUDED FROM APPLICATION The structures identified below shall be subject to height limitations as follows: 18-4.14 Zoning Supplement #16, 10-3-01 The height limitations of this chapter shall not apply to barns, silos, farm buildings, agricultural museums designed to appear as traditional farm buildings, residential chimneys, spires, flag poles, monuments, transmission towers and cables, smokestacks, water tanks, or radio or television antennas or towers. Any structure identified in subsectiori (a), other than one now or hereafter located on an existing public utility easement, shall not: (1) be located closer in distance to any lot line than the height of the structure; and (2) within a _residential district, exceed one hundred (100) feet in height, except for telecommunications fdcilffi~-dwned or operated in Whole'or in part by the county, which shall not exceed one hundred fifteen (115) feet in height. The commission may modify or waive either requirement of subsection (b) in an individual case if it determines that the public health, safety or welfare would be equally or better served by the modification or. waiver. In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety or welfare. The board t>f supervisors shall consider a modification or wmver of this subsection only as follows: ~ 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections .32.4.2.7 or '32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in Conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant' or deny the modification or waiver based upon the finding set forth in subsection (c), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (c). (12-10-80; 12-20-89; Ord. 01-18(4),' 5-9-01; Ord. 01-18(5), 5-16-01) 4.10.3.2 EXCEPTIONS--LIMITED Towers, gables, penthouses, scenery lofts, cupolas, similar structures and necessary mechanical appurtenances may be erected on a building to a height twenty (20) percent greater than the limit established for the district in which the building is located, provided that no such exception shall be used for sleeping or housekeeping purposes or for any commercial or industrial purpose; and provided further that access by the general public to any such area shall be expressly prohibited. 4.10.3.3 PARAPET WALLS, CORNICES, ETC. A parapet wall, cornice or similar projection may exceed the height limit established for the district by no more than four (4) feet. (Amended 12-16-81; 9-9-92) 4.10.3.4 ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS Except as permitted by the provisions of section 4.10.3.1, no accessory building in a residential district shall exceed a height of twenty-four (24) feet. In no case shall a parl~ing structure, other than a parking lot or garage located entirely at and/or below grade, be deemed m be accessory to any use in any residential district. (Amended 11-7-84) 4.11 USES AND STRUCTURES PERMITTED IN REQUIRED YARDS The foIlowing uses and structures shall be permitted in required yards, subject to the limitations established. 18-4-15 Zoning Supplement #15, 5-16-01 ALBEMARLE COUNTY CODE stormwater management improvements; the location and visibility of the site; and other physical features of the property. The applicant shall demonstrate that he has made a determined effort to reduce reliance on single occupancy vehicle use by putting in place incentives and/or employee programs to encourage alternatives to single occupancy vehicles. Where public transit reasonably could be made available, the applicant should demonstrate that efforts have been made to coordinate routes and times with the public transportation service and the workforce hours. The parking lot shall be located, designed and constructed to reduce or eliminate significant visual impacts from all public streets, private roads and adjacent properties, and to reduce or eliminate other significant impacts to adjacent properties resulting from vehicular noise, dust, artificial lighting, glare, runoff, degradation of water quality and other similar disturbances. do The applicant shall submit a conceptual plan or a site plan with his application for a special use permit. The plan shall show the approximate location of the parking lot on the property, its dimensions, its access to a public street, its distance from the off-site parking to the industrial site, and shall identify how persons will be transported or will transport themselves from the off-site parking to the building or use. The plan shall also show all features of the parking lot, which will insure that the parking lot will not adversely change the character of, or significantly impact, the area surrounding the property on which the parking lot is proposed, and will impact to the least extent practicable the property on which the parking lot is proposed. The features which shall be shown on the conceptual plan or site plan, and which may be required as a condition of approval ora special use permit, include but are not limited to: Visual or noise barriers such as earthen berms, the existing or planned terrain and/or vegetative screening; Proposed construction elements, which shall include elements which will minimize noise, light pollution, dust, glare, and runoff and which will protect water quality and protect trees designated to be preserved and will result in no significant degradation to the environment; A lighting plan which identifies the location and design of all outdoor light structures and fixtures, demonstrates that all outdoor lights comply with section 4.12.6.4 and demonstrates.that all outdoor lights will be shielded in such a manner that all light emitted from the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane of the fixture; and Changes proposed to the entrance and public road, including any necessary road-widening, or grading and removal of trees to accommodate sight distance. The off-site parking and loading requirements set forth in section 4.12 shall apply to the off-site parking subject to this section, except as expressly provided otherwise therein. 5.1.40 PERSONAL WIRELESS SERVICE FACILITIES The purpose of this section 5 1.40 is to implement the personal wireless servi~e facilities policy, adopted as part of the comprehensive plan. Each personal wireless service facility (hereinafter "facility") shall be subject to following: a. Application for approval: Each request for approval of a personal wireless service facility 18-5-21 Zoning Supplement # 17, l 0-17-01 ALBEMARLE COUNTY CODE shall include the following information: A completed application form, signed by the owner, the owner's agent or the contract purchaser. If the owner's agent signs the application, he shall also submit written evidence of the existence and scope of the agency. If the contract purchaser signs the application, he shall also submit the owner's written consent to the application. A recorded plat or recorded boundary survey of the parcel on which the facility will be located; provided, if neither a recorded plat nor boundary survey exists, a copy of the legal description of the parcel and the Albemarle County Circuit Court deed book and page number. The identity of the owner of the parcel and, if the owner is other tl~an a real person, the complete legal name of the entity, a description of the type of entity, and written documentation that the person signing on behalf of the entity is authorized to do so. Except where the facility will be located entirely within an existing structure, a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other docUmentation required by the director of planning and community development, signed and sealed by an appropriate licensed professional. The plans and supporting drawings, calculations and documentation shall show: (a) The location and dimensions of all proposed improvements, including the maximum height above ground of the facility (also identified in height above sea level). (b) The design of the facility, including the specific type of support structure and the design, type, location, size, height and configuration of all proposed antennas and other equipment. (c) Except where the facility would be attached to an existing structure, the topography within two thousand (2,000) feet of the proposed facility, in contour intervals not to exceed ten (10) feet. (d) The height of all trees within fifty (50) feet of any proposed monopole or tower relied upon to establish the proposed heigYit and/or screening of the monopole or tower (e) All existing and proposed setbacks, parking, fencing and landscaping. (f) The location and design of all proposed accessways. (g) Except where the facility would be attached toan existing structure, residential structures, residential and rural areas zoning district boundaries, agricultural and forestal district boundaries and parcels subject to conservation easements within two thousand (2,000) feet of the facility. (h) The proximity of the facility to commercial and private airports. 5. Photographs of the site. 6. For any proposed monopole or tower, photographs taken of a balloon test, which shall be conducted as follows: (a) The applicant shall contact the department of planning and community development within thirty (30) days after the date the application was submitted to schedule a date and time when the balloon test will be conducted. The test shall be conducted within 1 $-5-22 Zoning Supplement # 17, 10-17-01 ALBEMARLE COUNTY CODE sixty (60) days after the date the application was submitted, and the applicant shall provide the department with at least seven (7) days prior notice; provided that this deadline may be extended due to inclement weather or by the agreement of the applicant and the department. (b) The test shall consist of raising oneor more balloons from the site to a height equal to the proposed facility. (c) The balloons shall be of a color or material that provides maximum visibility. (d) The photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties, along each publicly used road from which the balloon is visible, and other propertieS and locations as deemed appropriate by the director of planning and community development. The applicant shall identify the camera type, film size, and focal length of the lens for each photograph. General regulations: Except as otherwise provided in this paragraph, each facility shall be subject to all applicable regulations in this chapter. 1. Notwithstanding section 4.2.3. I of this chapter, a facility may be located in an area on a lot or parcel other than a building site. Notwithstanding section 4.10.3.1 (b) of this chapter, the director of planning and community development may authorize a facility to be located closer in distance than the height of the structure to any-lot line if the applicant obtains an easement acceptable to the county attorney prohibiting development on the part of the abutting lot sharing the common lot line that is within the facility's fall zone (e.g., the setback of an eighty (80) foot-tall facility could be reduced to thirty (30) feet if an easement is established prohibiting development on the abutting lot within a fifty (50) foot fail zone). 3. '[he area and bulk regulations or minimum yard requirements of the zoning district in which the facility will be located shall not apply. 4. Notwithstanding section 4.11 of this chapter, a facility may be located in a required yard. Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a facility, but the facility shall be subject to the requirements of section 32 and the applicant shall submit all schematics, plans, calculations, drawings and other information required by the director of planning and community development to determine whether the facility complies with section 32. In making this determination, the director may impose reasonable conditions authorized by section 32 in order to assure compliance. A facility, other than a microwave dish, attached to an existing structure and which does not exceed the height of the existing structure and is flush mounted to the structure, shall be permitted asa by right use; provided, however, it shall be subject to all applicable regulations applying to the existing structure and to the regulations set forth in subsection 5.1.40(e). A facility located entirely within an existing building shall be permitted as a by right use; provided, however, it shall be subject to ail applicable regulations applying to the building. Such a by right use facility may include a self-contained shelter or cabinet not located within a building if it is screened from public view or a whip 18-5-22.1 Zoning Supplement #17, 10-17-01 ALBEMARLE COUNTY CODE antennae less than six (6) inches in diameter which exceeds the height of the existing building. Regulations applicable to a facility, attached to an existing structure. A by right use facility described in subsection 5.1.40(b)(6) shall be installed and operated subject to the following regulations: 1. 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 public view; (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 feet and whose width shall not exceed one-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 department of planning and community development. certifying that the height of all components .of the facility complies with this regulation. 2. Equipment shall be attached to the 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; (ii) only flush mounted antennas shall be permitted; no:antenna shal! project from the structure beyond the minimum required bythe mounting equipment, and in no case shall 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. 3. Prior to beginning construction or installation of any equipment cabinet not located within the existing structure, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the director of planning and community development for approval. All construction or installations associated with the equipment cabinet, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly .authorized by the director, the applicant shall not remove existing trees within two hundred (200) feet of the lease area, or the vehicular or utility access. 4. The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. The applicant shall submit a report to the zoning administrator by July 1 of each year. The report shall identify each user of the existing structure that is a wireless telecommunications service provider. No slopes associated with construction 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 emioloyed. 7. The regulations in section 5.1.12(a), (b) and (c) of this chapter shall apply. 8. Any equipment cabinet not located within the existing structure shall be: (i) fenced 18-5-22.2 Zoning Supplement #17, 10-17-01 Va4erie W, -McGUIREWC DS DiL'~.'d' .~ X'. 43-"]-.980.22,r~ '~'iA FACSIMILE AND HAND DEUVEFiY Mr. W~yne Cilimber~ Director <~f Planrting '. Albemarle County DepOt.of' · plannihg, and C0mr~n!ty Deyelopment 401 Mcln~:Jf~ Road Charlottesvilie. VA 229024596 · .Re; SP. 01-O3S ..A'mer~. an Tgwer, L;__P.. · Dear Wayns: On .behalf o¢ our'c4ier~ American Tower, LP., a~ ~ ~~ .~ Se~ion 4.10.3.1 of.~ · Albemarle Ceun~ Zoning O~inam~,. OfficJ'a4 n~'ioe' ~.app~] ~ ~e ~e'q~st for a ~i~ ~ ~.¢~ba~ ~uimm~t ~n~ined' in. Se~n. 4. i0.3.1 & ~ Albem~re. oou~.z~ningo~inance. ... ]tis my unders~in~ ~'~ Boa~ of. Supa~i~ wilt ~ider thb ~r · co~siders Amerioan %~¢s sp~bl u~ pe~it'ap¢[~ (~ 01-0~) on Wednesday, Mamh'. 2·0, 20~. t¢~t ~s n~ ac~e. · consLde~. 'In th~ mean~e, should· yOU h~e any q'ue~ons or ~ments. or ~uim.any Cdia~al ' . Info~afien to Ce~a~ ~ mque~, please do n~ hes~ ~ ~ me.~ 977;2~.: Sjnc-erelyr Vaqerto W. Long . V'WL/h~f · .. C'C: Mr. Frar~cls'M'.. Silberhoiz, American Tower~ LP. (via facsimile) · M[s.-..:~ll~'Oatayl Clerk, B~ard of Supervisors (via facis[ml'le and' han.d 4eliyery) 0-~-08-oZ?03: ~'6 RCVD February 14, 2002 Robert E. or Delores E. Tingley 407 Eliza Lane Earlysville, VA 22936 RE: SP-2001-058 Certified Environmental Drilling; Tax Map 19, Parcel 34 Dear Mr. & Mrs. Tingley: The Albemarle County Planning Commission, at its meeting on February 12, 2002, unanimously recommended approval to the Board of Supervisors. Please note that this approval is subject to the following conditions: All outdoor storage shall be contained behind the fenced area as shown on the physical survey dated November 1, 1991 and shall not exceed the height of the fence. Outdoor storage of materials shall not be visible from Route 604. No more than three work-related vehicles, plus trencher trailer, shall be parked on the site at any given time (one drill rig, one support truck, and one truck with a trencher trailer). Parking setbacks shall be established as 50' from all property lines or rights-of-way. The tree line located on the southern and western boundary of the property shall be preserved to maintain a buffer from adjoining properties. View Staff Report View Planning Commission Minutes of February_ 12th Return to Regular Agenda Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 20, 2002. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Steven Biel STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Steven Biel February 12, 2002 March 20, 2002 SP 2001-058 Certified Environmental Drilling Applicant's Proposal: The applicant has requested approval of a special use permit for a home occupation, Class B, to allow for the operation of a well drilling/pump service business. The applicant would operate one drill rig with a support truck and one truck with a trencher trailer. Occasionally, light maintenance and repair on the equipment and trucks would be performed. The applicant would utilize a shed for inside storage of tools and supplies and a fenced area behind the shed for the storage of pipe and equipment. The applicant proposes to have no more than two (2) employees at any given time on the site, which is permitted under the definition of a home occupation, Class B. Go to Staff Comment Go to Summary Go to Staff Recommendation Petition: Request for special use permit to allow a well drilling/pump service business in accordance with Section 10.2.2.31 of the Zoning Ordinance which allows for a home occupation, Class B. The property described as Tax Map 19, Parcel 34, contains 3.25 acres, and is located in the White Hall Magisterial District on Route 604, approximately 1,700 feet north from the intersection of Route 664 and Route 604. The property is zoned RA-Rural Areas. The Comprehensive Plan designates this property as Rural Area. Character of the Area: The property under review contains 3.25 acres. The surrounding area can be characterized as wooded with large-lot residential, as shown by the aerial photo included as Attachment D. Planning and Zoning History: The applicant currently has a Class A permit. A Class B permit is needed as the applicant has added an additional truck, hired an employee, and is using a shed and fenced area for storage of materials and supplies. Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding area as being located in the Rural Area. The Comprehensive Plan offers no specific comment regarding home occupations in the Rural Area. However, the level of intensity of the proposed use would not be incompatible with the character of the Rural Area. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval of SP 2001-058, based on the consistency with the Comprehensive Plan. SP 2001-058 1 Last Revised: 2/5/02 STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. This proposal would not result in an increase in vehicular traffic. The traffic generated would be no more than a residential use that has two vehicles. Very often the trucks used for the business would be kept on-site during on-going projects. In addition, there would be no on-site sales that would generate additional traffic. The applicant normally obtains supplies and materials off-site and receives one delivery approximately every three months at the site. The applicant has indicated the hours of operation would be approximately 8:00 a.m. to 7:00 p.m., Monday through Friday. During the winter season, hours could be expected to be somewhat shorter due to shorter daylight hours. that the character of the district will not be changed thereby, The site is surrounded by wooded areas and large-lot residential. The applicant would be providing a service that is specifically utilized in the rural areas. A shed, approximately 12' x 16', would used for the storage of supplies and tools. A partially fenced area, approximately 48' x 16', located in back of the shed would provide an area to store materials such as piping. The fence would also act as a screen to shield materials from Route 604. The shed and area behind the fenced area is buffered from the adjoining property owner to the west by a heavily wooded area (Attachment E). It is the opinion of staff that this home occupation would not result in any increased levels of activity on the site that would be inconsistent with the character of the area. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent as contained in Chapter 18, Sections 1.4, 1.5, and 1.6 of the Zoning Ordinance. In the opinion of staff, the proposed use would not conflict with the purpose and intent as described in the Zoning Ordinance. with the uses permitted by right in the district, SP 2001-058 2 Last Revised: 2/5/02 This use would not prevent by right use of adjacent property. with additional regulations provided in Section 5.0 of this ordinance, Home occupation permits are governed by Section 5.2.2 of the Zoning Ordinance. The proposed request complies with the provisions of this section of the Zoning Ordinance. In accordance with Section 5.2.2. l(b), the shed and fenced area is in character of what would be expected in the rural areas. They are compatible in design and scale with other development in the area. and with the public health, safety and general welfare. The Engineering Department has requested the applicant furnish a letter addressing Section 4.14.8 of the Zoning Ordinance, specifically waste material and noise levels. The applicant has indicated that any fluids from truck maintenance would be contained in 5- gallon containers and disposed of at an oil-recycling center. Noise levels from the truck maintenance would be no more than an idling truck. SUMMARY: Staff has identified the following factors favorable to these applications: The proposal is consistent with the provisions of Section 31.2.4.1. The service offered by the applicant specifically serves residents and businesses in the rural areas. There would be minimal visual and noise impact, as heavily wooded areas surround the site. Staff has not found any factors that are unfavorable to this request. Therefore, staff is able to support this request. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval, subject to the following conditions: All outdoor storage shall be contained behind the fenced area and not exceed the height of the fence. Outdoor storage of materials shall not be visible from Route 604. SP 2001-058 3 Last Revised: 2/5/02 No more than three work-related vehicles, plus trencher trailer, shall be parked on the site at any given time (one drill rig, one support truck, and one truck with a trencher trailer). Parking setbacks shall be established as 50' from all property lines or rights-of- way. The tree line located on the southern and western boundary of the property shall be preserved to maintain a buffer from adjoining properties. Attachments: A - Application and Plan B - Location Map C - Tax Map D - Aerial Photo E- Photos of Trucks & Shed Return to Regular A~enda Return to Planning Commission Action SP 2001-058 4 Last Revised: 2/5/02 · CoO"ry.'of kthemarle ;~' DePartment of Building. Code and. Zt. arrAC.~Ta "'1 o~i¢~ffSk'o~--~' ,' '. ~" ' '~" '-'-' .... "· :' ' '. lgS~ ~,'~ ~' · ~, ~. · '.~ a_...' ~ .... 1........<..... · ." .., .,...,...-.,_~ .... .. ']. . ~ - .,~.- ~._ ...... ... :_ ... Application for Special'-Use"Per~t ... ... .. , ~ ~.~ . . .... ... .,. .. ' ' ! . ' ' · 'l . l... . . . .... . . . '. :. ~,. .- 'Address ' - City .. )_' ......... ' ,Fax~. .. .... E-mail Add~os's. :., ..... · ...... . · .' Daytim~Phone( .: ) ' ,. Pax# ' ' ...- E-ma~i ' ' t · .~ ' · ' ' · ' - . .... 3 ) ' -: ' ....... . ~~ce~,a~..' ~,'~f~.'.~_~.q a~ ~A~' k~e' · . "· · ' . ~' ' · ...... · ." '. ' '.T" ' ......... ' ......: · map.aaa pmel a~ea ._..~ ~ OFYiCE USE ONLY . . . 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'""e'dfi~' o'~ ~g.~Zafia'n ~qi~g~ bat n~t iimimd m, ~ nm of a.co.~'oratiOn, ~oa~p'. j'.' tO do so. '.. · · · · '":: ' ' '" ...... " i. . ~ub~ ~n~ng ~ owner' s ~Xon. co~eh't m ~, 'appl~m~n.. ".. ... · ,..: · '" · ' I.f ~e a~a~t i~'~e a~'t o.f.~e.O~'a, aox'mere a~e~le~'~ Cou~"~ust ~ .-~ ':" .' · . ' sub~t~d th~ is eviden~ of'th~'exismnce ~d .scope of ~e a~ncy, omos~ a~~ms " ~ .'~', . ' ~.~mw~'~s'~rmam~ma~'pta~,'i~.aay,.. · '" ' '"" ' ' .... ,.' ' ' ~ 4, ~tim~'!~om~fi~n,.ff ~y. .' · - ' ..' "' I ~y.~iy ~a.I own.~ s~joc/pro~, ~[ haw t~ loga'~wg ~-~t m b~~e owmr ~. rffing ~m ~ph~!oa,. I aim ~ ~at ~e' inform~ ~vi~d is ~e and ~ur~ m ~ best of my. ·. ~Z~:.. ~.g ~....,~i~.o_.? ',." ' .Daytime pl~one number Of Sigdat~ry DEFINED BY '.H.t3.1~'. ' ~NmTHI$ PLAT ANt) IRE lilLE C,,~'RI 616' : j. .A ~]'A C~M~NT B I /' ILt'B .~q;] AT~A C~IM ENT C · lB' 'Z ./ .SECT'LON "i9 ~'~ITE H~LL Vfew From [~ute 604 In~rsectiun'of Eli~ Lane & litoutc 604 (Loakixmg NoJ'th) February 14, 2002 David C. Wyant, P.E. 4686 Garth Road Crozet, VA 22932 RE: SP-2001-059 Calvary Baptist Church Addition and SDP-2001-058 Calvary Baptist Church Addition Preliminary Site Plan Tax Map 77, Parcel 43 Dear Mr. Wyant: The Albemarle County Planning Commission, at its meeting on February 12, 2002, unanimously recommended approval to the Board of Supervisors. Please note that this approval is subject to the following conditions: SP-2001-059 Calvary Baptist Church Addition - Recommended approval subject to the following conditions: 1. The church's improvements and the scale and location of the improvements shall be developed in general accord with the submitted preliminary site plan entitled, "Site Plan, Calvary Baptist Church," prepared by David Wyant, P.E., and dated January 4, 2002. 2. The total square footage of the building including the proposed expansion shall not exceed 11,500 square feet. 3. Yards and setbacks for structures shall be in accord with the R-1 setbacks, as specified in Section 13.3 in the Zoning Ordinance, to be in effect on March 20, 2002. Parking areas shall be setback at least 10 feet from all property lines, except the southern portion of the property that abuts the Southside Shopping Center. 4. There shall be no day care center or private school on site without approval of a separate special use permit, or amendment to this permit. 5. VDOT approval of the proposed entrance aligning with the Southern Parkway must be granted prior to final site plan approval. 6. A tree conservation plan for the rear forested area of critical slopes in accordance with Section 32.7.9.4(b) shall be submitted with the final site plan. It may only be disturbed under the conditions of connecting to the available public sewer in the rear of the property. Following such activity, the slopes shall be reconstructed and replanted as deemed necessary to comply with Engineering requirements and the approved final site plan. The tree conservation plan shall be subject to review and approval by the Planning Director. Page 2 February 14, 2002 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 20, 2002. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. SDP-2001-058 Calvary Baptist Church Addition Parallel Parking Authorization - Recommended approval subject to the following condition: 1. All parallel parking spaces must be increased from 8 feet wide to 9 feet wide. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Karl Guiler Planner KG/jcf Ccz Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS; KARL A. GUILER FEBRUARY 12, 2002 MARCH 20, 2002 SP 01-059 CALVARY BAPTIST CHURCH and SDP-01-118 CALVARY BAPTIST CHURCH with request for parallel Darkina. Applicant's Proposal: The applicant has requested approval of a special use permit to allow a 4,080 square foot addition to be constructed onto an existing church in which to conduct Sunday school classes and special events for the existing congregation. The submitted preliminary site plan also shows the realignment of the entrance with the Southern Parkway across Avon Street Extended. The plan also shows an addition of 16 parking spaces to the existing parking lot as required by the parking section of the Ordinance. As shown on the plan, four parallel parking spaces are provided along the sidewalk of the church. (See Attachment A, Tax Adap & Attachment B, Preliminary Site Plan) The parallel spaces require approval by the Planning Commission. The submitted preliminary site plan designated SDP- 2001-118 can be approved administratively with approval of this special use permit and the final site plan shall be subject to the conditions of this permit. Since there are no previous special use permits for this property, this permit would allow the use to become conforming as well as allowing the aforementioned expansion of the church. Go to Staff Comment Go to Summary Go to Staff Recommendation Petition: Request for special use permit approval, in accordance with Section 13.2.2 of the Zoning Ordinance, for the construction of a 4,080 square foot addition onto an existing church, additional parking and the relocation of the driveway entrance on 2.997 acres zoned R-l, Residential. The driveway is to be aligned with the Southern Parkway. The property, described as Tax Map 77 Parcel 43, is located in the Scottsville Magisterial District on Avon Street Extended across from the Southern Parkway. The Comprehensive Plan designates this property as Neighborhood 4 and is located within an Entrance Corridor. Character of the Area: The property under review contains 2.997 acres and is within the Avon Street Entrance Corridor. Lakeside Apartments, a Planned Residential Development (PRD), are to the north of the Calvary Baptist Church property, Southside Shopping Center, a retail lot zoned PDSC, Planned Development Shopping Center, is to the south. The property to the rear (east) of the church is zoned R-15, which allows fifteen (15) dwelling units per acre and is property owned by the County. The properties across Avon Street extended are the Mill Creek Industrial Park and the Foxcroft Community, zoned Light Industrial (LI) and Planned Unit Development (PUD) respectively. RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the special use permit with conditions. Staff recommends approval with one condition for the authorization of parallel parking and administrative approval of the site development plan if the special use permit is approved. (See Attachment C, Special Use Permit Comment,') Plannin~ and Zoning History: There is no zoning or subdivision history on the parcel. SPECIAL USE PERMIT Comprehensive Plan and the Neighborhood Model: Requests for special use permits in the Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. The Land Use Plan shows this area as Urban Density Residential in Neighborhood 4. Churches are viewed as supportive uses in residential areas. The ways in which the proposed project meets the twelve principles for development in accordance with the Neighborhood Model are provided below: Pedestrian Orientation - With an asphalt path already constructed along the front expanse of the church, the church is interconnected to neighboring uses and can be accessed through means other than the automobile. The preliminary site plan shows a sidewalk connection to the asphalt path along Avon Street Extended. Neighborhood Friendly Streets and Paths - No new streets are proposed with the church addition. Interconnected Streets and Transportation Networks - The realignment of the church's entrance with the Southern Parkway improves the connection to Avon Street Extended and minimizes any potential traffic hazards that may have been caused by the its current entrance and provides a more efficient traffic design. Parks and Open Space - Though the site contains a lawn surrounding the structure and a small wooded area in the rear, it would not qualify as or be designated open space or a park in this case. Neighborhood Centers -Churches often serve as a focal point for communities. Calvary Baptist Church acts as a center to the nearby residential uses. Buildings and Spaces of Human Scale - The scale of a development depends in large part on the placement of a building on a parcel, the buildings' height, and its relationship to the street and adjoining properties. Staff believes that there are no problems with the proposed locations of the building addition and parking shown on the plan as relates to surrounding areas. Staff is recommending that R-1 yard and setback requirements apply to this use. Relegated Parking - The Neighborhood Model strives to confine parking to the rear of structures as to not make the parking a prominent feature of the use. Per County comments 2 on the matter, the applicant has moved the proposed parking in the second rendition of the preliminary site plan to the rear of the property. This alteration has allowed for a more attractive design and also preserved the large trees in the front of the property that were originally proposed to be removed. Staff has also recommended that 1 O-foot setbacks for parking be imposed on the all sides of the church, except the southern side of the property where existing and proposed parking are shown. Mixture of Uses -The church is situated between existing residential and commercial uses and is part of a mixed-use area. Mixture of Housing Types and Affordability - This principle is not applicable to a church. Redevelopment- The addition to the church serves as an opportunity to intensify use of the site rather than relocate to the Rural Areas. Site Planning that Respects Terrain - The proposed church addition avoids disturbance of critical slopes and requires very little grading. Staff has recommended that the rear-forested area of critical slopes be preserved and maintained as a buffer. It is also recommended that the existing vegetated buffer with Lakeside Apartments be retained. Clear Boundaries with the Rural Areas - Calvary Baptist Church is located entirely within the Development Area and is not adjacent to the Rural Areas. En~ineerin~ Analysis: The County's Engineering staff has reviewed this request for engineering issues related to health, safety, and welfare requirements. The Engineering Department is recommending approval of the special use permit, since most of their concerns can be addressed during the review of the site plan. (See Attachment C) Architectural Review Board Review: The following are comments provided by the ARB: "The ARB has no objection to the proposed use, with the understanding that the ARB's concerns regarding the appearance of the proposal will be addressed by the applicant to the satisfaction of the ARB. The ARB also strongly recommends that conditions of approval imposed by the Planning Commission and/or Board of Supervisors on the current application should not limit the ARB's ability to modify during preliminary or final site plan review the character and/or appearance of the various components of the development, including building form, size, scale, placement, orientation, materials, and details, and other characteristics identified in the Albemarle County Design Guidelines, as necessary for creating a development that is appropriate for the County's Entrance Corridors." (See Attachment D, ARB Letter dated December 21, 2001) A submittal for final review by the ARB was made on January 28, 2002 and the item is scheduled for review by the ARB on March 4. STAFF COMMENT: Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? If approved, the use will not be detrimental to the adjacent properties. The addition is provided to enhance the efficiency and space required for the existing congregation. The church has already been operating on the site for many years. Since the neighboring properties (Lakeside Apartments and Southside Shopping Center) operate at considerably higher intensities of traffic and activity, it is unlikely the church will have any negative effect on those properties. Will the character of the zoning district change with this use? Since the church has been operating in the area for over 22 years and the addition does not propose an intensity that is inconsistent with the proximate area, the new addition should not adversely effect the character of that zoning district. Will the use be in harmony with the purpose and intent of the zoning ordinance? Staff believes the church is generally in keeping with the intentions of the Comprehensive Plan and the applicable sections of the Zoning Ordinance. Will the use be in harmony with the uses permitted by right in the district? Churches are viewed as complementary to other uses in the R-1 district. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? There are no additional regulations for churches provided in the Supplementary Regulations. 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 proposed uses are appropriate in the location requested. The special use permit also ensures that the development will be realized in a way that meets County standards and preserves compatibility of relationships with adjoining uses. The church is currently served by an on-site septic system. When the request for special use permit approval was originally made, staff had concerns with the use of a septic system in the Development Area, particularly with public sewer service is so close to the use. It also had concerns about the location of the proposed entrance to the site, which appeared to be improperly aligned with the Southern Parkway. The Virginia Department of Transportation had originally recommended that the entrance be realigned with the Southern Parkway given 4 the future improvements of Avon Street Extended. The applicant has since realigned the entrance into proper alignment with the Southern Parkway. VDOT approval will be required for the final site plan. With regards to septic system usage on the site, staff has recommended to the applicant that the church connect to the public sewer since it is the intention that all Development Area properties be served by public water and sewer according to the Comprehensive Plan. (See Attachment C) The Service Authority has stated that the closest sewer line to the property is 10 feet beyond the rear property line. (See Attachment E, Service Authority Comments & Public Water/Sewer Connection Evaluation) The applicant's response has been that the owners are interested in connecting to public sewer, but would not be able to afford such a connection at this time given the costs of the addition. (See Attachment F, Applicant's Response) The applicant has provided us with a cost estimate that puts the cost in excess of $10,000. (See Attachment G, Applicant's breakdown of connection cost~) The County's Engineering Department does not concur with this estimate and believes the cost to be closer to $3,000. All of this considered and given that the addition to the existing church is not intended to expand the congregation of the church or the sanctuary, and the Health Department has granted approval (See Attachment H, Health Department comments regarding drainfield) of the existing drainfield for the expansion, staff does not believe the connection is necessary for the proposed addition. However, it should be noted that any future expansion of the church to accommodate a greater congregational capacity, which would be subject to an amended special use permit, will likely require hook-up to public sewer. SITE DEVELOPMENT PLAN Parallel Parking Authorization Section 4.12.6.5 states that perpendicular parking shall be favored, but where practical considerations warrant, the commission may authorize parallel parking. With this application, the applicant has submitted a letter requesting the authorization of four (4) new parallel spaces in front of their church to accommodate their handicapped and senior citizen members. (See Attachment I, Letter requesting parallel parking space~) It should be noted that two parallel spaces that are shown on the plan currently exist as handicapped spaces. (See Attachment B) The preliminary site plan meets all requirements for approval with the exception of parallel parking. The Planning Department finds that this request will not interfere with the circulation through the parking lot and is actually a preferred design since four existing parallel spaces on the other side of the travelway are being eliminated. Engineering has reviewed this request and has found that the existing and proposed spaces are only 8 feet wide by 20 feet long. (See Attachment d,, Engineering memo regarding parallel parking space,) Approval is recommended if the following condition is satisfied on the final site plan. 1. All parallel parking spaces must be increased from 8 feet wide to 9 feet wide. SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. The proposal is consistent with the intentions for infill within the Development Areas. 2. The alignment of the new entrance with the Southern Parkway is a better, safer design than the existing entrance. Staff has identified the following factors, which are unfavorable to this request: The Comprehensive Plan states that it is preferred that uses within the Development Area be hooked into public water and sewer. Although the property is hooked to public water, public sewer does not yet serve the site. The proposed addition, however, does not require modifications to the drainfields. RECOMMENDED ACTION Staff recommends approval of this special use permit with the following conditions: The church's improvements and the scale and location of the improvements shall be developed in general accord with the submitted preliminary site plan entitled, "Site Plan, Calvary Baptist Church," prepared by David Wyant, P.E., and dated January 4, 2002. 2. The total square footage of the building shall not exceed 11,500 square feet. Yards and setbacks for structures shall be in accord with the R-1 setbacks, as specified in Section 13.3 in the Zoning Ordinance, to be in effect on March 20, 2002. Parking areas shall be setback at least 10 feet from all property lines, except the southern portion of the property that abuts the Southside Shopping Center. 4. There shall be no day care center or private school on site without approval of a separate special use permit, or amendment to this permit. 5. VDOT approval of the proposed entrance aligning with the Southern Parkway must be granted prior to final site plan approval. A tree conservation plan for the rear forested area of critical slopes in accordance with Section 32.7.9.4(b) shall be submitted with the final site plan. It may only be disturbed under the conditions of connecting to the available public sewer in the rear of the property. Following such activity, the slopes shall be reconstructed and replanted as deemed necessary to comply with Engineering requirements and the approved final site plan. The tree conservation plan shall be subject to review and approval by the Planning Director. 6 Once the Special Use Permit is approved, staff recommends that authorization for the use of parallel parking spaces be provided by the Planning Commission with the following condition (see previous page). The submitted preliminary site plan designated SDP-2001-118 can be approved administratively and the final site plan shall be subject to the conditions outlined above. ATTACHMENTS: Ao B. C. D. E. F. G. H. I. J. Tax MaD Preliminary Site Plan Special Use Permit Comments Architectural Review Board letter dated 12/21/01 Service Authority Comments & Public Water/Sewer Connection Evaluation Applicant's response to Special Use Permit Comments Applicant's breakdown of connection costs in letter dated 2/1/02 Health Department comments regardin~ drainfield Letter requesting parallel Darking s~aces dated 1/24/02 Engineering memo regarding parallel parking spaces Return to Regular Agenda Return to Planning Commission Actions 7 · A'ITTAE~MI~:N'I' A 0 T.?"'E'SV I C LE, .... Calvary Baptist. Church Addition' .l:Tel. ind ,nary $1t~ Plan -' · '- · · '. '- ~ ~ ..I~ ~. "- ...... ..'' · ' · '~,"'"; ,'.~'... · ~ "~. ~l-, ~:t I~ ~ .... ......-.....'. · ... ~.....I~,..~,..~ .!. ,~!~. ;.~ .~., ~-. · ......':'.-.. ....'~ -i ~.~..~.-' !"- _~ ~'; l ~..., ~ .l!,,!..... ....'....' ...... · ....,. ~~~,1~ ~ ~....~ ... !...~ .!. ~,,~.: .~ !.~ ~ I. ~,': ............'-'.. '.-. '.",......... ''''- '.-.... "..... "~' -',~;~'~,~I~.~!;~.~ i .~I~,'i~,~ ~-~l ~ .., !.~!.'"~.'. '.'~ .'" '..'. '- '..-~..... · -il-.... · .~ ~ ~~'~,"' ;? I~, , ~,~. ~I"' ~ ~ .' ·. --..'" · ~ · · · .~..,,, , ~:_,. ,.~..~ . ~I~,, ,,,LL ~f, ~_,... -'.'.....- .'...'. .. ....'."-:".'.'..',~..' ....'......:'..",,.~;~' :'" ....' ..'. "-'.:. :".' .'.' · ......~...:: .....:....... .. ...'~;~ - .... . · -.....' ......~.. '.:...... - :ill.... . · . · . . .. . · . .! ';~ . ...~ · ... "".' ...". ~, '":..'... .. "~-'.',':.-.'~'-~:'lt"-.. '..~..'.",., '."....'.-:~...~. · ..,I,, ,~ ~. i I~ lt." ~' * m mm mm Zm m * ' m m mmm m m m . ' m *~ * ' '" ' ' * ' ~ )~ m m -.~. ~,, :~ ..~:.. !., ) ~. ~,~' ..,~ ~, ! ~;.~.! , .. .... .. ... ri."...... ;' .I .i i' ~[ l~ ' , · , , ,'~'l'l~ · il' ,lb [ i · I [ · ' ' 'II: ' ' p ' ' - ' · ';~ : :~:i I" .'. - . ~ 0'-~~'. .'. /~ .... ~:_~ ~.~_, ~,~. ~ .~ .i~' .~,~'. · . '. 'I ~¢~:~:~-.'. ~7~.~ ~,~.~'. ']g..'" : ~ · ~ ' · · ' Ii'~-. "' , ~',' .... :-~_¢.L2~L..~;~im,,~.~..~;,,~-' . -,--. -. ~., _L..~...-~:{ ....... · ...,..~ ~.....:._-.3 ..~.. ~-~-.r"- .?,...? .y*%,,/~ · .. 'TO: FROM: .. DaVid C.. Catva~. Bapti~ Charch, .A.ppliea~t SP-01=059, Cah~ary Baptist Church Sp~6iaf U. se ?m-mit · SDP-01':i. .[ 8, Calv~B~pt~c Chu~¢~t P~el.imina_D' Si.to Plm ' '. pmmi.t~.to'operate in coM. ormauc¢ With.ibc Zo.ain. gOrdi-m~oe..ao.d ~he C_'~. preh~asiy~..Plan, T~ .'". .ptatming. D~pm'~ertt and. the Sit~ RevSew Gofitmit~e~:has revi'ew~"ikis ~ .~ial u~.e..~ri-nit" :application along Wi~h't~. aubmi~cd pi'e, limi~ary ·site pi'an. 'if eh~.. ges ate nmdi~ to the ~iteplan', an... ':' a'ddii,fonat i-~ifSw, will. l'd,~nti_~.any deficiencies or needed changeS. 'lSne'PIanning' Coai,,.,iasion ... publi~'h.earing fo.r:'Ih¢ so.eci~l tu~:iperm/t an~ si{eplmj' ia ~t"for'Fi~ti..r. uary I2,'2~2,."W~.s~troagi~'.' ' ' ~'~ommimd that..'yOu resnbnn~-'l~em#.iu response to m'.-, lefter betOrt,tanaarY.-s'a~ t¢ ~urc an. oppor~tm!ty cf),t~spoad back .tO those items kiefore I~uary] 1.59.". Piiase.be.ad'~i~ed ma, a.]l. major issue~ ~ill ai~.eff to be 'res01~ed by Saauayy'lSOa'in ot .der for.staft6 .aompl=td'its.sfiiff:~p6t5 f6f ac<.tioa' O/!..thig propogal. The Board of.$uperv{sota mo~tlng is s&hedalixl liar Marc.h 20, 200'2. For the .special use permit, [ offer the following c0tni~r_tts.: · ' ' Natural Resource aad,. ,On}rural Assets " Critical' Slopes. . .:' l.' Tn lb= ki~t~st ofb~ffefi.~g ~a ~¢h from .neighboring r~i4mtial ~¢s and in order to' uphold-.: : fire pth~.iple~..of', tl~ Comprehensiw Plan, Which desi~tes eritibal si. opes'as a flatural ' · '" t4~o~ to Albe. matk; Coumy,'tho r. oar tone,ted ~ ofcnttcal sl~e, i~ recommer{ded to be-' pr~ea~ed and maintained as a buffer as g condilion ofthis.s'pocial, us~ p~rmit. The existing. ~egetat~ bu_ff'~"wi. '.t~ Lake~id~ AParm~ents'. k4'also r~comm'ende&.to:b¢ rotain~.' · ^fret i'~viewS~g.~h= s~iai 'uae pamit req .n~t with ~e .G=rt~tal. Lana. Use 'Sta~,i~ ,tot · · Th¢..Dep'g-m-nent or P[arming and Gom.mnnity .' ©e~.ighated D,e¥~lopmct~t Area, it has beeo'£ouad that CaNary Baptiat Chur¢li meets many o£khe · .'/:9_.. · c,,.iicri¢ wu.nd in. the compreh~s.ive Plan, ~£ tlui D.e~ol:~n~ .-~: ~ "'" ""' .."-".: '.. · ~anspor~' -.' "'" .... ' " · e N~borhood MO~I ~k " " ' ".' ' ' .. .... '; ...., ~. · .. . . .'.. : . '% - ~ 2= ~,a~i.'=~'&e~'o/~,~', si~.' .. '..' ..... '" '":..'~' '.Albemarle :County' De~eiocment D. epaftments SPtN'suhmi s iOn and Comment.' ~vie~r Jan ~[3rlnk~e Thi.i is a~ c'o~mercf~l .L~e in ¢ residential zanl~g d~Jm. Rl~ae haw t'he PCIBes ~i~.~ .s~t~'bf ~l~n 2~, C~ mere ~L ~[~S .thee a~ ~den~ab~ ~r~m~ ~hat ~ulS.w~n~ ' ' lesser se~, su~ ~ ~'upp~ng t~ ~Jgb~'ood mqdel or mcogn~ ~e exJstbg d~vel~t." fn any ~se, ~eaae ~n'd[tio~ ~pda~'s~s ~f ~ leto ~kingr sb~ ~e a~'no ~e~ing ~b~s in ~e R1, ' ' ' .' ~.a~ B~St c~ur~ is ~rr~U~ a nS~e~o~ing .use un~.~he Zoning ~d~e~e in ~e R1. di~l~, ~p~vaJ ~ ~s Sp w~l ~ng the 99~ion ]~(o ~mpL~oe~ ~d pr0v~e t~ cbu~ tE'e'me~s'to add a... Pa[~,- 1 '.'A~bemade C~ur~ty De;~i'n'en'f Departments .... ;'". .Z At~em,~rle Ceunty. De.~ela~."ment. Depar[me~ts SPiN SUbmissiOn and' comment '., · II .... ~lLkl I '1 ..... I' I '11 ...I II .. ....... I''.plll I reviewer '. re~ei~:~d · re~ie~e c.oUN~rY 01~ ALBEMSAi~I~ ~1 ~Jntir= Road, Room218 A'rT A c-I4MI~NT t~ '.i mm David O' WyanI, PE 4686 GArth..Road .. .'¢rozet~ .VA 229~2'.' · .. '. · ' ~: ARB-P(SDP}-2OOl-4~ .Calvaw Baptist Church Addition · Dear ~¢. W~n[' .. A(.i~. m.ee~in9 .o~ December 17, 2001; t~e ABemade Count. Mch]e~uraT. Re'v~ew'E~rd' · ~m'pf~d a.prefimfna~'m~ew ~f the ~o~noted' ~q.~t to ~n~tm~ a 2,176 ~quare ~. foot'add,ion.to the e~s'~B~ CA[va~ Bapbi~t Chur~, . · :.: .'. . ..... Regaling: the Spe~aJ' ,~ ~rmi[, the A~h~u~[ ~vjew. ' fo~a~ the fO~ng recom~ati.on [o t~e' P~ann. i'n9 C~fss~on: · "' "" ~e ARB:ha~ no obje~ion t0 the. prop.~ed. ~e, ~[h the unde~tandJng ~at .~.cems re~r~ing ths.ap~e'~ran~ o~ t'~e proposal wi.[~ be addrsss~.by ~he app¢iceut.~. '.. the sa.~s~ion of Be'A~B..'~ ARB also s'~hgly recommbnds."that. .appro~! JmpoSe~ b'y tSe .Pla. n~i~g 'Commiss~ And/~ 'Bda~ 0¢ Sdpe~i~om'o~. ~he' cu~eflt, a~[cation' shouJd 0a~;JJmit ~he A~B's ab~Ji~ to mudi~' cluing pre~J~ins~ or ~na[' · . s~te p~n'. re~eW the ~'8ra~¢ and/~r appeamn~' Df ~e .Vafiou~ ~mpo~ee~ ~ .thb · d~el..opment, .inc~ud[n9 bujl'd.[~ fO~..sfZ~, 's~l~ ¢laCemen~. '~Jentat[o~, ma~H~tS, 'a'nd detai, ls, 'e~"~ther ch~r~rfst~cs identified.Jrt ~e Afbemerte C~un~ Desfgn.G~ide~J~e~, a~ ne~ssa~ for. ~a~i~ a dev~pment (~t is a~propr[ate for ~e Ceun~ En~an~ ~ fi[dam. · ..... R~a~in~ ~he site p4~n ~endmen~, ~e B~ offered the' 'folJ~inq. ~mment~ for the benefi[ ~ ~he..appJi~t's fin.dj s'u~'i~io~. 'Pie~e note ~at ~e foi[~}~' come,tS, are thee-t~at ~ve bee0 identifi~ at ~is time. 'Additional ~m~'n~ mac"be added· · ellmi~ .based on ~udher review and '~nges ~ the'p~an. · ' 1 } ' P~de'.~nferma~fon O~ th'e heigh~ 'el ~e exfsting end.propped buil~fngs', ,.. 2) ~e helgh~ fe~, scale, and pitch Of the roof of the·proposed"addifion a~' cen~ms.' · · The ro~..¢ {be add[(io~', .a~'d t~e addfffOn a's a who[e, shuuld ~e co~pat~ble wit~ Be ' ~. 'ex~fi~g.bu[rdi~ ~d [~'e'ove~ll d~e[~ment, ' " 3)' 'Bmgfde e¢¢vafle~ for the no~'afld sOu(h s~es of ~e ardftion..l~d~te'p~e~' ~ . ' 4)' .'It is recommended [~t the per. Ho9 .be mo.~e~':~ the back=o'f [h'e ~iefiog fO.t. fustead ~ · .5~ If'the' c~ch ~1~ pole ligh[ will .bo'.roe.veal, prov~de'i~'at~on, b show that it meets - d.) R~i~e ~e..lan~p~ng' ~a~ t~ '~e'th~ screen[ng=e~ect ~n ~e no~h ~[de of ~e entrant, b ~y, du~e ]n~a,'spe~e~ om~m~J ~e~. t~ prov~a' the per[meier ;a~i'~'g ' · lot trees· t~ ha. ~aa~ ~ a~ja~nt deveJonmen~, and ~ ~o~]n~a w[~ ~ po~it.ion, af ~he ~ument ~]gn.' ~ain~n ~en~'sCmening. O'n tb~ ~outh side of ~ you ~a~ any ~ues~ia~ ~ce~ing a~y"oF the above~ please'feDi ~e ~o ~Jl me. · .~.KRB-P($DPI-2001 'CD: 'Site Plan ·TechniCal Review for~ ..C__alvarv.'Ba~t~S~ C~u~ch · · .".'. · .'. ~di'~i~ .... ' ...... ' ' '~' '. : · '. '. . .. (~.'.. ~., ...-~.~ .%%)/~ .... ~.' .... ~.,.. ~..'below che~k~-, i~ms Apply ~o Ehia"-Viee%..~::~ii'659'."'"' '"" ' x 1. Th~ si~e plan i'g wi~hi~ .the · ju~iS'diCt'i~al 'area f~r: ' '.'. . " X 'A.'. ~a~e~. ~d.' se~r · ":' . ~ B. Wa:e.~.~ly . .."...' "" '" '" ~. C. Wate~ only ~o exi~ti~ ~:~c~u~e " '" ..... D.. Limi.~ semite .' : '.. -.. ..... '. , . .2, A i.n~ wa~er .ii~ is locat~:d 'appr,oXi~e~y'-'. 'di s.~a~t ~ ' ' .. .. : :'~.:..'" · · dist~t.'~'-..t~is 'site' pl~,. is .. ~.m. .. :' .~sidual., " ..... .: ':. --- ,.' - · ..... .... . .. .... . .... :.,.,... ~.~. · ._~ . .. ~ 5 '~ Industria~ .Was~ Ordinate s~y '~' m~st'.b'e' " · .. completed. ' ' .. . ...... :. : -.. .6, ~ i~rovements or obst~ct~ons ~hall be placed '-" · .. wi~.hin ~istin~.'or futu~ ..e~se~n.ts, '" ... ~ 7:. ~ ~ plus 'are. currently' ~d'~r rev'ie~... .'8, .' ~nd ~ plans have been received . . approved, X · 9,.. No.pl~. are ~q~i.red' '.' ......... .i0'~. Fi'~l "and ...... '.plans. are: re~ired. ~r our "' · ' .. "re~iew and approyal .prioz to ~r~ting. ~ent~iv~ · approval ~ .., .. · .... .1i. Final sit~ plan ~y/may no~ be .si~ed~ ' "' ~. 12, ~WSA app'r~al for wa~er a~/or S.~.wer '~on~ec~i~s~.. . ,. ~nts:~ovi~e .a' iis~ Oi' pl~sn~ ' ' ...... ' fixturgs 'in · t~' addL~ion'"' '. 'The ~i~e plan does'.~o~ show or incorrectly : ~te'r. locati~n~, waterline size· ... waterline locations. ~ sewer line size '- .... "~wer li~e locations ." _. '-'.'exDec~ 'w~s~wate'~' f.'i'~w~'." "' ~ ,, .ease~ts ~ectsd wat.~r dem~d~-. PUBLIC WATER / S1~W£R CONNECTION EVALUA. TION : Dis~c~'te public ~°r °onn~ti°n: '(P'~ ~ '"~ r~y / ~..... .~.., ~.-~.-~....... . ....... .-~~~... ..... .,.._.,-.,; ~: .: .- . ---.w:- -. .... ::-.--~:.~--.~ .... . . .._--..-....~ .. _._~_..-v ~.~.:.:,~-.... ~t~c~or~' white, es~i~tes)' ". · Est~ated eo~t to i'n~talt ~ we~t and ~S~ci~ted :e'lc~] aha piumb~g'~qu[Pm~t: Est~ted'.coss ~o. install, a w~'~'for pub0e ~n~tio~ (d0 ~ot.i~de ACS~ ~): ..: E~timatcd'¢os~ ~:o :!nst~ll a. S~[c Sy.~tcm: T~is s~llo~'.'hto'~ campletcd by' thc Agent' ... '" ' Cannec~.~o~ t,' p'~[[c ~ter wfl]/wiIl not'be r~uired. Connection to pubtic ~er.wili / Will not be required. Signatu[e: · '.. '" · ... "~w "'--=-..' .'. - :~m~rrr ~r..IG~.I .... :Ocp~m~nerdr of"pk~n~ing ~ ~omm~i~ ~1o ~: M~n'tire ~, ~m. 218 · .... ~[o~e~vi~. V~ Z2.~02-~ I~i'.:.Cclv~y Bapti~ Chur,ch.$pe'ci,~t U~e Permit a~d'P~eiimi'na~y 5i~ Plan.." ' .... . · 5P~01~059' en~' 5bP'-Ol-1 ! 8 " "' .~,. your c~mmerff_~ o.n the ~r~ :pr~ject.Z h~'~d~. ~ · Zf.'is ?he chu~cfl'~, infen? ?~' nat c~[stu,b the.~e~e'~esl'e~.~ ~r' ?he' ' 5ori'n~:throuqh the~lo~ info'.fhe m~ ~Js ~'~ct~n ~ouid..~d.a~ .."' , ..'.. '..'. ... .: .~ ] ~. .. Public'Se~¢e .ar~ Wa~e iT~e ~hurch h~s got+~n the blessing o.f the He, th E)ePar~;ment 1'o u~e the.' · .exi~ing d~in~ierd. The .Health Defrayment felT.That .t.~. ~~ 'bu1'ld~ng.. ' ' ' · ··would ~, 'p~ ~y'~dit~o~/b~den on ~:~ ~i~i~ ~em. '~r ~a~n~ng i~ a~ f~'l'ows:' ' I .I m m m m (m 80 ~'1 ' ~ ZI ~m¢: ~ Om t 5 mmmm m: mm m mm' immm ' m 'm · .' ~e:'Cal.va~y Baptist, Chur~ch ." A.TTACHMENT' O humors' ~re from the ~im~or 260. ~. of. sewer.lJne.x $26,00./' f%. = $6,76.0,00 di~fer~t Z~tJo~ .~e you ~ould ha~'.~ qu~fions, '~¥id ¢. Wyatt,. P. E.' · Sen~: .. To: Subject: Karl, ~5 'Calvary:Baptist'Church .. C.harla~, V'..wgin/a' 22902... (804) 293~ 15 "'To"xnow. christ and to Ma~ee Him ~ .J DIgPARTIvlENT OF.~lVGrP~EERING & ?URLIC WORKS. .... ATTACHM-~.T.J .TO:" ' Kart Guile~','P.lmner . Please call me'if you ~v~' an~.question~ m- ...... " '" i ':':' ' · File: l~u-ksng.w~Ner r~¥i~w, doc -: To: Members, Board of Supervisors From: Ella Washington Carey, CMC, Clerk Subject: Reading List for March 20, 2002 Date: March 14, 2002 September 27(A), 2001 October 3, 2001 January 9, 2002 January I(~, 2002 February 13, 2002 Pls. Thomas Pages 33 (beginning Item # I I) - end - Ms. Thomas Pages 28(beginning with Item 23) - end - Mr. Rooker Mr. Bowerman Ms. Thomas /ewc