HomeMy WebLinkAboutSP200700065 Approval - County Special Use Permit 2008-05-30
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
May 30, 2008
Stephen Waller, AICP for Verizon
536 Pantops Center, PMB#320
Charlottesville, VA 22911
RE: SP200700065 Herring Property (Verizon) Tier III PWSF
Tax Map 53, Parcel 6
Dear Mr. Waller:
On May 7, 2008, the Albemarle County Board of Supervisors took action on SP #2007-00065 to
allow installation of a personal wireless facility with a 73-foot tall treetop monopole tower on Tax
Map Parcel 05300-00-00-00600 in the Whitehall District. This special use permit was approved
based on the following conditions:
1. Prior to issuance of a building permit, the applicant shall submit a tree conservation plan
prepared by a certified arborist. The plan shall be submitted to the agent for review and
approval to assure that all applicable requirements have been satisfied. The plan shall
specify tree protection methods and procedures, and identify all existing trees to be
removed on the parcel for the installation, operation and maintenance of the facility.
Except for the tree removal expressly authorized by the agent, the applicant shall not
remove existing trees within the lease area or within one hundred (100) feet in all
directions surrounding the lease area of any part of the facility. In addition, the agent
may identify additional trees or lands up to two hundred (200) feet from the lease area to
be included in the plan;
2. The installation, operation and maintenance of the facility shall be conducted in
accordance with the tree conservation plan. Dead and dying trees identified by the
arborist’s report may be removed if so noted on the tree conservation plan. If tree
removal is later requested that was not approved by the agent when the tree
conservation plan was approved, the applicant shall submit an amended plan. The agent
may approve the amended plan if the proposed tree removal will not adversely affect the
visibility of the facility from any location off of the parcel. The agent may impose
reasonable conditions to assure that the purposes of this paragraph are achieved;
3. All work shall be done in general accord with what is described in the applicant's request
and site construction plans, entitled “Afton, Herring Property”, with a final zoning drawing
submittal date of 2/27/2008;
4. The facility shall be disassembled and removed from the site within ninety (90) days of
the date its use for personal wireless service purposes is discontinued. If the agent
determines at any time that surety is required to guarantee that the facility will be
removed as required, the agent may require that the parcel owner or the owner of the
facility submit a certified check, a bond with surety, or a letter of credit, in an amount
sufficient for, and conditioned upon, the removal of the facility. The type and form of the
surety guarantee shall be to the satisfaction of the agent and the county attorney. In
determining whether surety should be required, the agent shall consider the following: (i)
the annual report states that the tower or pole is no longer being used for personal
wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in
technology that makes it likely that tower or pole will be unnecessary in the near future;
(iv) the permittee fails to comply with applicable regulations or conditions; (v) the
permittee fails to timely remove another tower or pole within the county; and (vi)
whenever otherwise deemed necessary by the agent;
5. The owner of the facility shall submit a report to the agent by no earlier than May or and
no later than July 1 of each year. The report shall identify each user of the existing
structure, and include a drawing, photograph or other illustration identifying which
equipment is owned and/or operated by each personal wireless service provider. Multiple
users on a single tower or other mounting structure may submit a single report, provided
that the report includes a statement signed by a representative from each user
acquiescing in the report; and
6. The following shall be submitted to the agent after installation of the monopole is
completed and prior to issuance of a certificate of occupancy: (i) certification by a
registered surveyor stating the height of the monopole, measured both in feet above
ground level and in elevation above mean sea level, using the benchmarks or reference
datum identified in the application; and (ii) certification stating that the lightning rod’s
height does not exceed two (2) feet above the top of the monopole and width does not
exceed a diameter of one (1) inch.
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
• compliance with conditions of the SPECIAL USE PERMIT;
• approval of and compliance with a SITE PLAN amendment; 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 Sherri Proctor at 296-5832.
Sincerely,
William D. Frtiz, AICP
Chief of Zoning and Current Development
Cc: Cellco Partnership d/b/a Verizon Wireless
1831 Rady Court
Richmond, Va 23222
Herring, James M Jr Or Julie Ann
P O Box 1243
Verona Va 24482
Email Copy: Tex Weaver; Chuck Proctor; Sherri Proctor
File
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
April 16, 2008
Stephen Waller, AICP for Verizon
536 Pantops Center, PMB#320
Charlottesville, VA 22911
RE: SP200700065 Herring Property (Verizon) Tier III PWSF
Tax Map 53, Parcel 6
Dear Mr. Waller:
The Albemarle County Planning Commission, at its meeting on April 1, 2008, reviewed and took action on
SP2007-00065 Herring Property Tower and the critical slopes waiver:
Motion on SP-2007-00065:
The motion for approval passed by a vote of 4:3.
Motion on Critical Slopes Waiver:
The waiver of Section 4.2.5, the disturbance of critical slopes, for SP-2007-00065 Herring Property/Verizon
Wireless Tier III PWSF as per staff’s recommendation in that the Commission can’t make any of the three
alternative findings under Section 4.2.5.b.
The motion for denial passed by a vote of 4:3.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on May 7, 2008.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
Megan Yaniglos
Planner
Zoning and Current Development Division
MY/SM
Cc: Cellco Partnership d/b/a Verizon Wireless
1831 Rady Court
Richmond, Va 23222
Herring, James M Jr Or Julie Ann
P O Box 1243
Verona Va 24482
POLICY
SUBMISSION OF MATERIALS
FOR ZONING APPLICATIONS
It is the Board’s preference that a public hearing should not be advertised until all of the final materials
for a zoning application have been received by the County and are available for public review. To achieve this
preference, applicants should provide final plans, final codes of development, final proffers, and any other
documents deemed necessary by the Director of Community Development, to the County no later than two
days prior to the County’s deadline for submitting the public hearing advertisement to the newspaper. Staff
will advise applicants of this date by including it in annual schedules for applications and by providing each
applicant a minimum of two weeks advance notice of the deadline.
If the applicant does not submit the required materials by this date, the public hearing shall not be
advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that
good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be
scheduled. If the public hearing is held without final materials being available for review throughout the
advertisement period due to a late submittal of documents, or because substantial revisions or amendments are
made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board
to either defer action and schedule a second public hearing that provides this opportunity to the public or to
deny the application, unless the Board finds that the deferral would not be in the public interest or not forward
the purposes of this policy.
Final signed proffers shall be submitted to the County no later than nine days prior to the date of the
advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing
resulting from comments received from the public or from Board members at the public hearing.
This Zoning Policy will be included in the Board’s Rules of Procedure for adoption each year, so that
the policy can be re-examined annually.
•
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COUNTY OFALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
December 7, 2007
Verizon Wireless
c/o Stephen Waller, AICP
536 Pantops Center, PMB 320
Charlottesville, VA 22911
RE: AR132007 -00107 Herring Property ( Verizon Wireless)
Tax Map 53, Parcel 6
Dear Mr. Waller:
The Albemarle County Architectural Review Board reviewed the above noted item at its meeting on Monday,
November 19, 2007. The Board approved the request by a vote of 4:0, pending staff administrative approval of
the following conditions:
Revise the application to show the pole height limited to 73'. Revise the proposed grading plan by
removing proposed fill sections currently shown inside of the drip line of trees designated to remain
along the southern boundary of the lease area. Provide verification from a certified arborist that all
proposed grading, retaining walls, and required digging to install the concrete piers will not be
detrimental to the health of any trees designated to remain. Revise the application plan by clearly
designating /labeling all existing and proposed tree drip lines. Provide a tree conservation plan with
measures proposed that would limit impacts of this proposal on all existing trees designated to remain.
Revise the application plan to indicate the location and type (overhead/underground) of electrical service
to the proposed Personal Wireless Service Facility.
Revise Sheet Al Shelter Elevations and Sheet C4 Elevation View to correctly identify the equipment
shelter as per the drawing dated 11 -19 -07 with an aggregate stone finish and door and trim painted Java
Brown SW #6090. Revise Construction Note #3 on Sheet C -2 Enlarged Site Plan to correctly indentify
the equipment shelter as being located on concrete piers. Revise the corresponding arrows on the site
plan to point to the piers.
Please provide:
1. Two full sets of revised drawings addressing each of these conditions. Include updated ARB revision
dates on each drawing.
2. A memo including detailed responses indicating how each condition has been satisfied. If changes other
than those requested have been made, identify those changes in the memo also. Highlighting the changes
in the drawing with "clouding" or by other means will facilitate review and approval.
3. The attached "Revised Application Submittal" form. This form must be returned with your revisions to
ensure proper tracking and distribution.
When staff s review of this information indicates that all conditions of approval have been met, a Certificate of
Appropriateness may be issued.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Brent Nelson
Landscape Planner
cc: Clark - Nexsen
5510 Cherokee Ave, Suite 110
Alexandria, Va 22312
Herring, James M Jr Or Julie Ann
P O Box 1243
Verona Va 24482
Megan Yaniglos, Zoning and Current Development
COUNTY OF ALBEMARLE
Department of Community Development
REVISED APPLICATION SUBAHTTAL
This form must be returned with your revisions to ensure proper tracking and distribution. County staff
has indicated below what they think will be required as a resubmission of revisions. If you need to submit
additional information please explain on this form for the benefit of the intake staff. All plans must be
collated and folded to fit into legal size files, in order to be accepted for submittal.
TO: Stephen Waller DATE:
PROJECT NAME: AR132007 -107 Herring Property
Submittal Type Requiring Revisions ( ) indicates submittal code
County Project Number
# Copies
Erosion & Sediment Control Plan (E &S)
# Copies
Distribute To:
Mitigation Plan (MP)
2
Brent Nelson
Waiver Request (WR)
Stormwater Management Plan (SWMP)
Road Plan (RP)
Private Road Request, with private /public comparison (PRR)
Private Road Request — Development Area (PRR -DA)
Preliminary Site Plan (PSP)
Final Site Plan (or amendment) (FSP)
Final Plat (FP)
Preliminary Plat (PP)
Easement Plat (EP)
Boundary Adjustment Plat (BAP)
Rezoning Plan (REZ)
Special Use Permit Concept Plan (SP -CP)
Reduced Concept Plan (R -CP)
Proffers (P)
Bond Estimate Request (BER)
Draft Groundwater Management Plan (D -GWMP)
Final Groundwater Management Plan (F -GWMP)
Aquifer Testing Work Plan (ATWP)
Groundwater Assessment Report (GWAR)
Architectural Review Board (ARB)
ARB2007 -0107
Other: Please explain
(For staff use only)
Submittal Code
# Copies
Distribute To:
Submittal Code
# Copies
Distribute To:
ARB
2
Brent Nelson