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Home My WebLink AboutSP200400018 Action Letter ~ COUNTY OF ALBEMARLE Department of Community Development 401 Mcintire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 25, 2004 Peter Caramanis Trembly & Smith, LLP PO Box 1585 Charlottesville, VA 22902 RE: SP 2004-00018 Leroy and Helen Moyer - ALL TEll Nix Way (Sign #64) Dear Mr. Caramanis: On August 11, 2004, the Albemarle County Board of Supervisors took action on SP-2004-00018 to allow construction of personal wireless facility with monopole, approximately 80' in total height and 1 O'above the height of the tallest tree within 25'. The proposed facility includes flush-mounted panel antennas and ground equipment, in accord with Section 10.2.2.6 of the Zoning Ordinance, which allows for microwave and radio-wave transmission and relay towers in the Rural Area.. This special use permit was approved based on the following conditions: The facility shall be desiqned. constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the concept plan entitled, "Alltel - Nix Way Site", dated March 24, 2004 and provided in this staff report with Attachment A (copy on file); 2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation; 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed ten (10) feet above the top of the tallest tree within twenty-five (25) feet. In no case shall the pole exceed eighty (80) feet in total height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit; 4. The monopole shall be made of wood and painted a dark brown natural color or be made of metal and painted a dark matte brown natural wood color; 5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans; 6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 7. No satellite or microwave dishes shall be permitted on the monopole; 8. No antennas or equipment, with the exception of a grounding rod, not to exceed one (1 )-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole; 9. No guy wires shall be permitted; 10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; 11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted; 12. Size specifications and other details, including schematic elevations of the equipment cabinets shall be included in the construction plan package; 13. Site grading and all construction around the facility shall be minimized to only provide the amount of space that will be necessary for placement of the monopole and equipment cabinets. Graveling of the total lease area shall not be permitted; and 14. Revise the shape and layout of the lease area and grading to avoid negative impacts to the trees identified as numbers 109,118, 244, 246, 254 and 268. Prior to the issuance of a buildinq permit, the following requirements shall be met: 15. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator; 16. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, 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 of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred (200)-foot buffer, after the installation of the subject facility; and 17. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the review of the application, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation. the followinq shall be met: 18. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator; 19. Certification confirming that the grounding rod's: a) height does not exceed two (2) feet above the monopole; and, b) width does not exceed a diameter of one (1)-inch, shall be provided to the Zoning Administrator; and 20. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the followinq requirements shall be met: 21. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 22. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the 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. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property may lawfully begin until all applicable approvals have been received and conditions have been met. This includes compliance with: . conditions of the SPECIAL PERMIT; and . approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above-noted action, please do not hesitate to contact Keith Lancaster at 296-5832. Sincerely, David B. Benish Chief of Planning DBB/jcf Cc: Amelia McCulley Bill Fritz Tex Weaver Chuck Proctor Keith Lancaster