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Home My WebLink AboutSDP201300038 Correspondence 2013-09-17 Sarah Baldwin From: Robert Toplin [rbtklb @gmail.com] Sent: Tuesday, September 17, 2013 6:18 AM To: Petie Craddock; dsrooker @earthlink.net; Duane Snow; Rodney Thomas;Ann Mallek; Ken Boyd; Mark Graham; Sarah Baldwin Subject: Key West cell tower To: Bill Fritz From: Bob Toplin (this letter has been approved by the Key West Association) Date: September 17, 2013 cc. William B. (Petie) Craddock, Dennis S. Rooker, Duane E. Snow, Rodney Thomas, Aim H. Mallek, Kenneth C. Boyd, Mark Graham, Sarah Baldwin First of all,thanks, Bill, for getting back to us very quickly. We appreciate the effort to provide a lengthy list of tower sites around the county. Such a list is not useful to us, however. Any group seeking a assistance from the office that handles matters regarding the siting of the county's communications towers would have the same response we have: the list is far too extensive to allow us to perform a reasonable research effort and then to follow up that effort by visiting a few sites. The list includes dozens of sites. You mentioned that some of the criteria we sent previously appeared to be subjective and that one in particular regarding the center of a neighborhood does not apply, in your judgment,to the Key West neighborhood. Let us then revise the criteria. It should be easy enough to identify just a few standards that are pertinent. In several cases we have removed some language to simplify the criteria. We have also removed the reference to a site in which the neighborhood was already well developed at the time the tower was constructed. That is information we can obtain through our own neighborhood visits. Here are the reduced and revised criteria 1. It is an independently standing tower (not attached to a structure or a power pole). 2. It is on a lot with a home and close to several other homes in the neighborhood (i.e., adjacent neighborhood homes are within three-hundred feet of the tower—as in the case of the Key West situation-- and other neighborhood homes—that are not on adjacent lots -- are within a few hundred feet beyond that). The point of No. 2 is that the tower is on a neighborhood street containing several homes, and that the frontage of lots along the street is not substantially larger than the frontage of lots adjacent to 415 Key West Drive. 3. The independently standing tower is a tall one (it reaches above the tree line). As mentioned in our original letter, we are not asking for an extraordinarily long listing of examples. We suggested three examples, but if that is difficult to identify, perhaps two examples or just one will suffice. This inquiry continues a conversation that has been under way for the past couple of months. About two months ago we asked for related examples of neighborhoods with towers and received references to Bellair and Colthurst. But those neighborhood situations did not truly fit the criteria. Bellair's tower was way off in an exterior corner of the large-lot neighborhood close to Highway 29. Community leaders in Colthurst reported no 1 tower on a lot within their neighbdvr6od that they were aware of and wondei 'd if the reference tower might be on a power pole across the street from the entrance. Identifying comparable neighborhood conditions is something that can be handled most efficiently by tapping the collective memory of the people who work with Albemarle's community development and planning. If there have been situations similar to Key West's (in terms of the three criteria), it should be easy to reference a few of those situations. In a phone conversation and in our meeting at your office you stated confidently that there are several cell transmission facilities in neighborhoods within Albemarle County. We are seeking a few examples of what you had in mind when indicating such. The criteria we have listed remove examples of facilities along rights of way such as electrical power lines or power poles. The criteria refer specifically to tall, independently standing towers in neighborhoods on lots with a house and with several adjacent and nearby homes on the street in which the tower appears. Perhaps there are other examples of this in the county; perhaps there are not. Whichever is the case, we are asking that your office help a large group of county citizens to learn the answer. You and Sarah Baldwin, not we, are the ones who stated to us a few times that there are analogous situations in the county (cell tower locations that are similar to the one proposed for Key West). We continue to ask, as we have been doing for a couple of months, which specific examples were that source of those statements from your office? Please understand that this question, though repeated several times over the past couple of months, is not addressed as a form of criticism. We are deeply appreciative of the good work you, Sarah, and others have done for the effective development of our county. We also appreciate the time you gave to us in person-to-person meetings and in phone conversations. This lengthy letter aims only to bring a conclusion to the question we have been asking for some time. Sincerely, Bob Toplin(on behalf of the Key West Association)) 2 err►. Sarah Baldwin From: Long, Valerie [vlong @williamsmullen.com] Sent: Tuesday, October 08, 2013 1:43 PM To: Sarah Baldwin Subject: RE: Elledge Tower Thank you, Sarah. I am awaiting final approval from our client, but we are most likely going to provide an extension of the shot clock deadline. Valerie From: Sarah Baldwin [mailto:sbaldwin@albemarle.orq] Sent: Wednesday, September 25, 2013 10:22 AM To: Long, Valerie Subject: Elledge Tower Valerie: I'm not sure of your plans regarding the 2 waivers(critical slope and fall zone) needed for this tower; however I wanted alert you that we are approximately 90 days into our 150 day review.As you are aware,the critical slopes needs to go to the BOS and a waiver request will have to be submitted for the fall zone,which also will have to go to the BOS. While discussing this tower with the County Attorney's Office, they advised me that I should suggest that you provide the County with an extension of the FCC timeframes. If you do not, I will have to deny it. If you want to discuss this further, let me know. Thanks. Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 (434)972-4126, fax Please consider the environment before printing this mail. Sarah Baldwin From: Greg Kamptner Sent: Friday, December 20, 2013 12:02 PM To: Sarah Baldwin; Bill Fritz Cc: David Benish Subject: RE: Elledge Tower Attachments: Elledge_tower_denial-gkcomments.doc Follow Up Flag: Follow up Flag Status: Completed Here are my comments. I think the requirement that the County act should be first and foremost in the letter, and be based on our own regulations rather than FCC guidelines. I think you previously told me but I don't remember—if this is a Tier II facility, why does the 150 day action period apply and not the 90 day period? Also, perhaps Cingular wants the County to act by disapproving the application and that's why Valerie has not responded to us. I'm going to assume that's the case here. Otherwise, I would advise just sitting on this rather than drawing a line in the sand, because it appears that if there ever was a claim that the County's delay in acting was unreasonable, we can certainly refute that claim by the nonresponsiveness of the applicant. Greg Kamptner Deputy County Attorney County of Albemarle gkamptnerPalbemarle.org From: Sarah Baldwin Sent: Wednesday, December 18, 2013 10:26 AM To: Greg Kamptner; Bill Fritz Cc: David Benish Subject: Elledge Tower I made some changes to the denial letter that is attached. Let me know if you have changes. I need to get it out by this Friday. Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 (434)972-4126, fax A,Please consider the environment before printing this mail. 1 '+r✓ ter` Sarah Baldwin From: Sarah Baldwin Sent: Friday, December 20, 2013 2:55 PM To: 'Long, Valerie' Subject: Elledge Tower Attachments: Elledge_tower denial.pdf Valerie: The denial letter is attached. Please let me know if you have questions. Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 (434)972-4126, fax APlease consider the environment before printing this mail. 1