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HomeMy WebLinkAboutSP200000041 Application Special Use Permit 2000-06-26 County of Albemarle •: Department of�Building Code and Zoning Services OFFICE US5 - P '10 r/ TMP v 5 3 © v . _ C/ O _ O 0 6 0 0 Sign# y F ee H Mag.Dist. W Staff e rfCI Date 42'..fl)/L1?) Application for Special Use Permit Ij� ,. S' Project Name(hoer uu.ta w,:rekr to this application?) Triton PCS CVR 349H (Herring) „[„1"i°” tom" - *Existing Use Proposed-Use wireless telecommunications facility p r *Zoning District RA *Zoning Ordinance Section number requested J 0 7, Z !o ('staff will assist you with these items) Number of acres to be covered by Special Use Permit(u.paau It tl be dellnleJ wt plat) 83- ./ Is this an amendment to an existing Special Use Permit? 0 YcsatNo Are you submitting a site development plan with this application? 0 Yesa tNo Contact Person(Whom should we call/write concerning this project?): Valerie W. Long, Esc, McGuire, Woods, Battle & Boothe LT 33 Address P.O. Box 1288 City Charlottesville State VA Zip 22902 Daytime Phone( 804 ) 977-2545 Fax# 980-2265 E-mail vwlonq((imntb.com Owner of land (As listed in the County's records): Janes M. Herring, Jr. and Julie Ann Herring Address P.O. Box 1243 City Verona State VA Zip 24482 Daytime Phone( c4(l ) 74R-4706 Fax# E-mail Applicant(Who is the contact person representing?Who is requesting the special use?): -Triton PCS, Inc. Address • 5372 Fallowater Lane, Suite C i City Roanoke State VA Zip 24014 Daytime Phone( 540), 725-6069 Fax# 540-725-7773 E-mail Tax map and parcel 05300-00-00-00600 Physical Address(irassigned) Bt.e. f lobvi- -krA, /.(.9- Location of property(landmarks,intersections,orothcr) west and north of Green Hill Lane,()near Nauatnn Rnari Ana Int-Prstate 64. Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers t 1/e5 - ()5 2 O OFFICE USE ONLY r,.—, Fee amount S / "b Date Paid ft J LAt. �J� Check 113;� l i Receipt# / 3""-t3y:d+'1 d- History: Special Use Permits: q'p0 0 ZMAs and Proffers: CI Variances: fta`i2 Letter of Authorization Concurrent review of Site Development Plan? Gl' es 0 No 40 t McIntire Road ❖ Charlottesville, VA 22902 s• Voice: 296-5832 ❖ Fax: 972-4126 Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "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, that the character of the district will not be dhanged 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 in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review'of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? See attached How will the proposed special use affect adjacent property? See attached How will the proposed special use affect the character of the district surrounding the property? See attached How is the use in harmony with the purpose and intent of the Zoning Ordinance? See attached How is the use in harmony with the uses permitted by right in the district? See attached What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? See attached How will this use promote the public health,safety,and general welfare of the community? See attached 2 f Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use,operating hours,and any unique features of the use: See attached ATTACHMENTS REQUIRED - provide two(2)copies of each: 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey,please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. ® 2. , Ownership information - If ownership of the property is in the name of any type of legal entity or organization including,but not limited to,the name of a corporation,partnership or association,or in the name of a trust,or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: 0 3. Drawings or conceptual plans, if any. ® 4. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. k �'L! (Q - DO Signature Date VcL, e UA Printed Name Daytime phone number of Signatory 3 • Triton PCS 349H (Herring) Special Use Permit Application Questions: 1. What is the Comprehensive Plan designation for this property? Rural 2. How will the proposed special use affect adjacent property? The proposed 58' wood pole will not adversely affect adjacent property, as the pole and antennas will only extend a few feet above the tallest tree in the area, and will be virtually invisible from adjacent property. In addition, the pole, antennas and ground equipment will all be either naturally brown colored or painted brown to blend in with the natural vegetation, further minimizing its visibility from adjacent property. 3. How will the proposed special use affect the character of the district surrounding the property? The proposed facility is not inconsistent with the existing development in the area, since it will not generate additional traffic or development, and preserves the character of the area. Because the property and the area surrounding the property are both wooded and because the proposed pole and antenna will be within the trees, the facility will be only minimally visible from the nearby roadways and other properties within the district, and thus character of the district surrounding the property will not be affected. 4. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed facility is consistent with the County's preference for wood pole structures, which extend slightly above the treetops. In addition, wireless telecommunications services provide a public service to the community by creating a"convenient, attractive and harmonious community," consistent with the intent of the Zoning Ordinance. This proposal would increase the convenience and availability of wireless telephone service, in a manner that is only very minimally visible to the community and is fully consistent with the County's proposed wireless design manual. 5. How is the use in harmony with the uses permitted by right in the district? The proposed tower will not restrict the current uses or other by-right uses available at this site or by-right uses on any other property. Nay 6. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply here? Section 5.1.12, which outlines public utility structures and uses. 7. How will this use promote the public health, safety and general welfare of the community? The proposed facility will provide increased and improved wireless telecommunications services to this portion of Albemarle County, especially emergency communications, and will increase overall communications services in the area. This proposal will comply with the Federal Communications Commission's guidelines for radio frequency emissions, which will adequately protect the public health and safety. Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: Triton PCS, Inc. ("Triton") proposes to construct, maintain and manage a wireless telecommunications facility on property owned by James M. Herring, Jr. and Julie Ann Herring, identified as tax map parcel 05300-00-00-00600. The facility would be comprised of wooden pole and attached antennas flush-mounted to the pole, along with the necessary transmitting and receiving equipment. Triton operates a Personal Communications Service (PCS) system, providing the latest in wireless communications throughout the Southeast. Triton and AT&T Digital PCS have undertaken a joint venture to expand the AT&T digital PCS network to over 11 million people in Virginia, South Carolina, North Carolina and Georgia. Triton is a member of the AT&T Digital Wireless Network, which is licensed to cover more than eighty percent of the United States. AT&T Digital PCS provides convenient and secure mobile communications, combining voice, messaging and paging communications in a single phone. Triton has entered into a lease agreement with the property owners for a 30x30 lease area. The facility will be located entirely within this lease area. The facility will be accessed by an existing road. The facility will emit no noise, glare or odor. Nor will it interfere with television and radio reception in the surrounding areas. The facility will not be lit, unless required by the FAA. To develop its network, Triton has divided the Basic Trading Area region into small geographic sections or"cells." Each cell site holds the equipment that provides the air interface to the subscriber units and must be precisely located relative to other"cells" to create a reliable communications grid system. This grid system must reflect the 2 topography and traffic (user population and building density) of the "cells" as well as the radius of the respective antenna's reliable transmission area. Triton's FCC license requires it to operate its system in a defined service region using designated radio frequencies. Each site must be precisely located relative to other facilities within the network to ensure that Triton complies with the terms of its license. The network requires a facility at this location to avoid a gap in service to this portion of Albemarle County. Triton carefully selected and designed the proposed facility to provide a structure that provides adequate height and range of coverage, while meeting the goals of the community by minimizing the impact of the proposed facility on adjacent or nearby properties. Location of the facility on this parcel will enable Triton to construct the facility without the need to remove any mature vegetation. The site will be accessed using an existing dirt road, and will necessitate only a minimal amount of grading and clearing, all within the 30x30 lease area. Following Triton's thorough investigation of the properties in the geographic area, we have concluded that there are no existing structures within a reasonable distance of the location that are feasible for collocation and would also meet Triton's engineering requirements. While there is an existing facility on the property, its height (extending just above the treetops) does not make it a viable collocation structure, as Triton's antenna panels would then be located below the treetops, preventing Triton from achieving its coverage objective. The subject parcel is zoned Rural/Agricultural. The surrounding properties within 2000' of the proposed facility are primarily used for rural residential and agricultural purposes. The majority of the parcel is wooded. The tract of land on which the site is located contains 83.417 acres. The height of the facility will not extend more than 10' above the top of the tallest tree within a 25' radius. A surveyor has measured the height of the tallest tree to be 46', although this tree is at an elevation that is 10' higher than the base of the wooden pole we propose. The height we are proposing is 58', with the result that when the difference in elevation is taken into account, the top of the proposed facility will in essence extend only two feet above the tallest tree within the 25' radius. The facility was designed to strictly comply with the County's proposed wireless design manual. The antenna panels will be flush-mounted to the pole and will not extend above the top of the pole. The pole will retain its natural wood color (dark brown) and the antenna panels, equipment cabinet and cables will all be painted to match the color of the pole. In addition, the concrete pad will be tinted earth tone to blend in with the surrounding wooded area. The design and the siting of the facility will minimize its visibility from the Entrance Corridor and surrounding properties, as it will blend in with the existing tree canopy in the area. 3 Once constructed, the facility will be visited approximately one time per month for routine maintenance checks. The facility will not impact the provision of services by Albemarle County. As a telecommunications facility, this proposal will serve the community by fostering increased communications, especially emergency communications. Most importantly, due to its design and precise location, the facility will be nearly invisible from Interstate 64 and all other roads and residences. \\REA\29012.1 Nor 4 LIMITED AUTHORIZATION TO ACT As APPLICANT ° AND AUTHORIZATION To SUBMIT LAND USE APPLICATIONS James M. Herring Jr. and Julie Ann Herring do hereby authorize Crown Communication Incorporated, Triton PCS, Incorporated, or a representative thereof,to represent James M. Herring Jr. and Julie Ann Herring before any municipal or County Government for the sole purpose of obtaining land use permits and/or variances as may be required for Crown Communication Incorporated to place telecommunications towers, antennas, transmission lines, mounting devices and other related equipment on the property of James M. Herring Jr. and Julie Ann Herring shown on Tax Map 53 of the County of Albemarle as Tax Parcel Number 6. This authorization shall specifically include the right to submit land use .► applications on behalf of James M. Herring Jr. and Julie Ann Herring including,but not limited to applications for special use permits, certificates of appropriateness, and variances. This authorization does not empower or authorize in any manner, Crown Communication Incorporated or its representatives to petition or otherwise seek rezoning, conditional use or any similar authority that would restrict or limit the use beyond that which is currently applicable to the aforesaid property. WITNESS the following signature: .04- James M. Herring Jr. 411kk. Julie Ann Herring 1 Date: June 20, 2000 \\REA\25983.1