HomeMy WebLinkAbout1999-06-09 ACTIONS
Board of sUpervisors Meeting of June 9, 1999
June 10,1999
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to order. Meeting was called to Order at 7:00 p.m., by the
Chairman. All BOS members present.
4. Others Matters Not Listed on the Agenda from the Public.
· Jim Bennett asked what Rivanna Water and Sewer Authority is
doing to address the issue of supplying water to the Moorman's
River dudng the summer (this was discussed at a BOS meeting
in Mamh).
5.1 Resolution in Support of the Thomas Jefferson Venture
Regional Competitiveness Act Submission for Certification.
· ADOPTED resolution.
5.1a Authorize County Executive to sign Blue Ridge Juvenile
Detention Commission Service Agreement.
· AUTHORIZED County Executive to execute agreement.
6. Request by City that County grant permanent gas line
easement across property ... within the Ivy Creek Natural Area.
· DEFERRED until July 14, 1999.
7. SP-98-09. Arrowhead CV152 (Sign #33).
· APPROVED subject to the 17 conditions recommended by PC
and amended at BOS meeting.
8. SP-99-15. CVl13 Red Hill (Signs #50&53).
· APPROVED subject to the 13 conditions recommended by PC
and amended at BOS meeting.
9. SP-99-07. Riverbend Limited Partnership (Signs #73,89&90).
· APPROVED subject to the 5 conditions recommended by PC.
10. SP-99-17. Free Bridge Office Bldg (Signs #36,37,42&43).
· APPROVED.
11. Discussion: 360 Communications Appeal
· DIRECTED the decision of the Federal Distdct Court regarding
SP-98-03 be appealed to the Fourth Circuit Court of Appeals.
13. Other Matters not Listed on the Agenda from the Board.
· Mr. Marshall announced that he would not be present at the
June 16, 1999 BOS meeting.
· The Board held an executive session pursuant to Section 2.1-
344a(7) regarding specific legal matters relating to an
interjudsdictional agreement and regarding probable litigation
relating to a zoning decision.
14. Adjourn. The meeting was adjourned at 8:45 p.m.
Clerk: Send letter to Art Petrini and copy Jim
Bennett.
Clerk: Forward original resolution to Nancy O'Bden
(Attachment 1).
Clerk: Notify Blue Ridge Juvenile Commission and
copy Roger Wiley.
Clerk: Include on July 14, 1999 agenda.
Clerk: Set out conditions on Attachment 2.
Clerk: Set out conditions on Attachment 2.
Clerk: Set out conditions on Attachment 2.
Clerk: Set out on Attachment 2.
County Attomey: Take necessary action.
Attachment I - Resolution in support of TJ Venture Regional Competitiveness Act
Attachment 2 - Planning Commission conditions
Attachment 2
TO:
FROM:
DATE:
RE:
V. Wayne Cilimberg, Director of Planning and Community Development
Ella W. Carey, CMC, Clerk
June 10, 1999
Board Actions of June 9, 1999
At its meeting on June 9, 1999, the Board of Supervisors took the following actions:
Agenda Item No. 7. SP-98-09. Arrowhead CV152 (Sign #33). APPROVED subject to
the following conditions:
The elevation of the top of the tower shall not exceed six (6) feet above the elevation of
the top of the tallest tree within twenty-five (25) feet downslope of the tower. The
applicant shall provide a certified statement on the elevation of the tallest tree. A
lightning rod may extend two (2) feet above the height of the tower. Equipment extending
above the tower shall not exceed one (1) inch in diameter;
2. The tower shall be designed, constructed and maintained as follows:
The tower shall be wood;
Guy wires shall not be permitted;
The tower shall have no lighting; and
The tower shall not be painted and shall be natural wood color;
3, The tower shall be located on the site as follows:
ao
The tower shall be located on the site as shown on the attached plan entitled
"Survey of a Lease Parcel & Ingress Egress Easement for CFW Wireless on the
Land of T. E. Wood, May 14, 1999" and initialed SET, 5/17/99. The tower shall
be located on the site as follows:
(1)
The tower shall be located so that, in the event of structural failure, the
tower and all of its components will remain within the parcel containing
the lease area;
4. Antennas may be attached to the tower only as follows:
bo
Antenna shall be limited to two (2) panel type metal antenna mounted to the
wooden pole such that they do not extend above the pole, and such antenna
shall match the color of the pole; and
Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a~
The permittee shall allow other wireless telecommunications providers to locate
or utilize the antennas on the tower and equipment on the site, subject to these
conditions:
(1)
Prior to approval of a final site plan for the site or the waiver of the site
plan
(2)
requirement, the permittee shall execute a letter of intent stating that it will
make a good faith effort to allow such location and will negotiate in good
faith with such other provider requesting to locate on the tower or the site;
and
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Ver'~iable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County;
[The use of this facility by additional telecommunications providers will require
amendment
of this special use permit. The presence of this condition in no way implies approval of
additional uses for this facility or this property.]
Each outdoor luminaire shall be fully shielded such that all light emitted is projected
below a horizontal plane running through the lowest part of the shield or shielding
feature. For 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. Outdoor lighting shall
only be on during periods of maintenance;
Pdor to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the owner or the permittee shall obtain
authorization from the Director of Planning to remove existing trees on the site. The
Director of Planning shall identify which trees may be removed for such construction or
installation. Except for the tree removal expressly authorized by the Director of Planning,
neither the permittee nor the owner shall remove existing trees within one thousand
(1000) feet of the tower, the equipment building, or the vehicular or utility access;
'8.
The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
Access road improvements shall be limited to drainage improvements and minimal
grading necessary to improve the travel surface and the application of gravel. Should
installation of the tower require provision of greater access improvements, these
improvements shall be removed or reduced after installation is completed;
10. The access road shall be gated;
11.
The regular service interval shall be as indicated by the applicant and described herein,
except as necessary for repair and restoration of service;
12.
The tower shall be disassembled and removed from the site within ninety (90) days of
the date its use for wireless communications purposes is discontinued;
13.
The permittee shall submit a report to the Zoning Administrator once per year, by not
later than July 1 of that year. The report shall identify each user and shall identify each
user that is a wireless telecommunications service provider;
14.
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet;
15.
16.
17.
18.
No slopes associated with construction of the tower and accessory uses shall be
created that are steeper than 2:1 unless retaining wells, revetments, or other
stabilization measures acceptable to the County Engineer are employed;
The access road shall be built with side slopes on cut and fill slopes at 2:1 or
flatter;
The access road shall disturb no more than seventy-five (75) feet in cross
section; and
The utilities going to the pole shall be underground.
Agenda Item No. 8. SP-99-15. CV113 Red Hill (Signs #50&53), APPROVED subject
to the following conditions:
The height of the tower shall not exceed six (6) feet above the height of the large oak tree
located west of the proposed lease site. The applicant shall provide a certified statement
on the height of this tree. A lightning rod approximately one (1) inch in thickness may
extend two (2) feet above the height of the tower;
2, The tower shall be designed, constructed and maintained as follows:
The tower shall be wood;
Guy wires shall not be permitted;
The tower shall have no lighting; and
The tower shall not be painted and shall be natural wood color;
3. The tower shall be located on the site as follows:
bo
The tower shall be located on the site as shown on the attached plan entitled
"Survey of a Lease Parcel & Ingress Egress Easement for CFWWireless on the
Land of J & F Ekman, Inc." dated May 14, 1999 and initialed "SET, 5/17/99;" and
The lease area shall not be fenced;
4. Antennas may be attached to the tower only as follows:
Antenna shall be limited to two (2) panel antenna not to exceed six (6) feet in
height, mounted flush against the wooden pole and not to extend above the top
of
the pole; and such antenna shall match the color of the pole; and
Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
ao
The permittee shall allow other wireless telecommunications providers to locate
or utilize the antennas on the tower and equipment on the site, subject to these
conditions;
Prior to approval of a final site plan for the site or the weiver of the site
plan
requirement, the permittee shall execute a letter of intent stating that it
will make a good faith effort to allow such location and will negotiate in
good faith with such other provider requesting to locate on the tower or
the site; and
(2)
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal dghts on a tower and
site owned or controlled by another provider within Albemarle County;
[The use of this facility by additional telecommunications providers will require
amendment
of this special use permit. The presence of this condition in no way implies approval of
additional uses for this facility or this property.]
Each outdoor luminaire shall be fully shielded such that all light emitted is projected
below a horizontal plane running through the lowest part of the shield or shielding feature.
For 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. Outdoor lighting shall
only be on dudng periods of maintenance;
Pdor to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees may be removed for such construction or installation. Except for
the tree removal expressly authorized by the Director of Planning, the permittee shall not
remove existing trees within two hundred (200) feet of the tower, the equipment building,
or the vehicular or utility access;
The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
Access road improvements shall be limited to drainage improvements and minimal
grading necessary to improve the travel surface and the application of gravel. Should
installation of the tower require provision of greater access improvements, these
improvements shall be removed or reduced after installation is completed;
10.
The regular service interval shall be as indicated by the applicant and described herein,
except as necessary for repair and restoration of' service;
11.
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless communications purposes is discontinued;
12.
The permittee shall submit a report to the zoning administrator once per year, by not later
than July I of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
13.
No slopes associated with construction of the tower 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;
14.
The pen'nittee shall landscape the base equipment to shield it from the residents and the
neighbors; and
15.
To further reduce the visibility of the pole, the existing dawn-to-dust light beside the pole
location shall be removed and replaced with full cut off luminaire or the minimum light
needed to provide store yard security.
Agenda Item No. 9. SP-99-07. Riverbend Limited Partnership (Signs #73,89&90).
APPROVED subject to the following conditions.
2.
3.
4.
5.
There shall be no outside exercise area;
Use shall be limited to 384 and 388 Pantops Shopping Center;
No animals are to be confined outside;
No overnight boarding except for medical treatment; and
Noise generated from the veterinary office shall not exceed fEty-five (55) decibels in the
adjoining commercial space.
Agenda Item No. 10. SP-99-17. Free Bridge Office BId~l (Signs #36,37,42&43).
APPROVED.
RESOLUTION
IN SUPPORT OF THE THOMAS JEFFERSON VENTURE
REGIONAL COMPETITIVENESS ACT SUBMISSION FOR CERTIFICATION
WHEREAS, the County of Albemarle has supported the creation of the Thomas Jefferson Venture through the
Thomas Jefferson Planning District Commission, and through Board representation; and
WHEREAS, the County of Albemarle has committed staff time and effort to developing the Strategic Plan; and
WHEREAS, a proposal to assist and concentrate rural industrial development in locally-designated growth areas
is consistent with Albemarle County's policies of guiding development and infrastructure to diminish the
negative effects of sprawl; and
WHEREAS, a proposal to create a Virtual Academy for Information Technology will unite under one academic
umbrella the scattered technology course offedngs in the region through distance learning, mentoring, and
apprenticeships, to ensure local job seekers will be equipped with skills needed for positions such as those
recently filled by one of Albemarle County's major employers, GE Fanuc; and
WHEREAS, the Heritage Tourism Program is consistent with efforts underway in the County to preserve and
protect historic areas such as the Southwest Mountains, to which the County has committed funds for
preservation planning; and
WHEREAS, a proposal to strengthen the regional approach to toudsm, as such efforts can lengthen tourists' visits,
is consistent with Albemarle County's support of $709,720 in the 1999-2000 budget for tourism efforts; and
· WHEREAS, the creation of the regional housing fund will leverage the effect of Albemarle County's $35,000
budgeted to the Regional Fund Development; and
WHEREAS, a proposal to regionally expand the successful role of the Charlottesville Albemarle School Business
Alliance can multiply the support that Albemarle County provides to that program, which links K-12
students with the real world of employment in all fields; and
WHEREAS, a proposal to utilize the Piedmont Virginia Community College for workforce training opportunities,
tailoring training opportunities to our workforce employment opportunities, is consistent with Albemarle
County's Comprehensive Plan's economic development section and with Albemarle County' contribution
of $10,250 to PVCC in 1999-2000;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors does hereby endorse
the Thomas Jefferson Venture Strategic Plan and commits itself to continue the cooperative
relationships formed under this unique collaborative;
BE IT FURTHER RESOLVED that the Board of Supervisors requests the Virginia Department of Housing and
Community Development to confer certification on the Thomas Jefferson Venture.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true copy of a resolution adopted by the
Board of County Supervisors of Albemarle County, Virginia, by a vote of six to zero, at a regular meeting held on
June 9, 1999.
Clerk, Board of County Supervisgr¥
Thomas Jefferson Planning District Commission
300 East Main Street, 1st Fi. Mall Entrance
PO Box 1505, Charlottesville VA 22902-1505
(804) 979-PD10 (7310) *b FAX (804) 979-1597
City of Charlottesville
Meredith M. Richards
(Vacant)
Albemarle County
Walter F. Perkins
Sally II. Thomas
Fluvanna County
Thomas E. Payne
Stafford M. Pace
Greene County
Thomas C. Powell
(Vacant)
Louisa County
Fitzgerald A. Barnes
Jane H. Poore
Nelson County
Samuel C. DeLaura, Jr.
Fred Boger, Chair
Nancy K. O'Brien,
Executive Director
MEMO
TO:
FROM:
RE:
DATE:
Chairman Martin and Members of the Albemarle County Board of
Supervisors
Nancy K. O'Brien, Executive Director /k~'-x
Regional Competitiveness Program
June 4, 1999
Action Requested. Passage of Resolution in Support of the Thomas Jefferson
Venture request for certification under the Regional Competitiveness Act.
Background. Under the sponsorship of the Thomas Jefferson Planning District, the
regional localities contributed appointees to a group to develop a proposal to become
certified under this state program and receive funding for projects aimed at being a
competitiVe region. Work started three years ago, with a series of weekly facilitated
meetings out of which grew a strategic plan and the group named itself the Thomas
Jefferson Venture. Some of you participated in the development of the Plan. Twice
we have submitted the plan and twice been denied. The Commission and the Venture
have decided to make a third try and, to that end, have met with the funding agency,
received facilitation assistance from the agency staff, and honed down the proposal to
four initiatives: Workforce development, a regional network of industrial parks and
development of a regional employment complex at Zion Crossroads, affordable
housing and heritage tourism. A summary of the programs is ~attached. Based on the
initial local government resolutions creating and supporting the TJ Venture, localities
are asked to approve the Strategic Plan by adoption of a resolution. The resolution is
attached for your consideration.
The Thomas Jefferson Venture believes these strategies build on the strengths of the
region, beauty and education. The strategies also speak to weaknesses in the area:
sprawl, insufficient affordable housing, mismatch ofworkforce skills and job market
requirements. The strategies build a stronger region through cooperative efforts to
expand opportunities for regional residents and through expansion of programs which
are working.
If you have questions about the proposal, I am available to answer them at 979-7310
or nobrien.tjpd~state.va.us. I can also be in attendance at the appropriate Board
meeting.
E-Mail: tjpd@state.va.us + Web Site: http://avenue.org/tjpdc
V'~rginia Relay Center (800) 828-1120 (TDD)
RESOLUTION
IN SUPPORT OF THE THOMAS JEFFERSON VENTURE
REGIONAL COMPETITIVENESS ACT SUBMISSION FOR CERTIFICATION
WHEREAS, the County of Albemarle has supported the creation of the Thomas Jefferson
Venture through the Thomas Jefferson Planning District Commission, and through Board
representation, and
WHEREAS, the County of Albemarle has committed staff time and effort to developing the
Strategic Plan, and
WHEREAS, a proposal to assist and concentrate rural industrial development in locally-designated
growth areas is consistent with Albemarle County's policies of guiding development and
infrastructure to diminish the negative effects of sprawl; and
WHEREAS, a proposal to create a Virtual Academy for Information Technology will unite under
one academic umbrella the scattered technology course offerings in the region through
distance learning, mentoring, and apprenticeships, to ensure local job seekers will be
equipped with skills needed for positions such as those recently filled by one of Albemarle
County's major employers, GE Fanuc, and
WHEREAS, the Heritage Tourism Program is consistent with efforts underway in the County to
preserve and protect historic areas such as the Southwest Mountains, to which the County
has committed funds for preservation planning, and
WHEREAS, a proposal to strengthen the regional approach to tourism, as such efforts can lengthen
tourists' visits, is consistent with Albemarle County's support of $709,720 in the 1999-2000
budget for tourism efforts; and
WHEREAS, the creation of the regional housing fund will leverage the effect of Albemarle
County's $35,000 budgeted to the Regional Fund Development, and
WHEREAS, a proposal to regionally expand the successful role the Charlottesville Albemarle
School Business Alliance can multiply the support that Albemarle County provides to that
program, which links K-12 students with the real world of employment in all fields, and
WHEREAS, a proposal to utilize the Piedmont Virginia Community College for workforce training
opportunities, tailoring training opportunities to our workforce employment opportunities, is
consistent with Albemarle County's Comprehensive Plan/s economic development section
and with Albemarle County' contribution of $10,250 to PVCC in 1999-2000;
NOW THEREFORE BE IT RESOLVED that the Albemarle County Board of Supervisors does
hereby endorse the Thomas Jefferson Venture Strategic Plan and commits itself to continue
the cooperative relationships formed under this unique collaborative.
BE IT FURTHER RESOLVED that the Board of Supervisors requests the Virginia Department of
Housing and Community Development to confer certification on the Thomas Jefferson
Venture.
Linking the Program Initiatives
Virtual Academy for Information Technology Training
Business Educator Exchange Fellowships
Professional Design Certification Program
Biotech Research Lab Specialists Degree Program
Heritage Tourism
Regional Economic Opportunities Database
Zion Crossroads Development Initiative
Affordable Housing Trust Fund Management
RCA
Scoring
Area
Education
Education
Education
Education
Land Use
Economic
Development
Revenue
Sharing
Agreements
Housing
Summary
Description
"School without Walls" Identify current
HS/PVCC class offerings; link under Tech
Info w/distance learning; certify graduates;
mentor, internship, apprentices, etc.
Create database of business partners, link
teachers/business person; exchange work
places; create business/education link to
refine curriculum; arrange credit, stipends
Using WorkKeys, create curriculum for
Web design certification in partnership with
private sector, accredit program through
community college system
Using Work Keys and U. Va., create
curriculm for biotech research lab tech to
meet job skill needs outlined by U.Va.
link graduates with employment through
outreach and partnering with Health Fdn.
Create a Heritage Tourism program through
community facilitated sessions where
community identifies heritage areas; create
regional heritage tourism map; develop
strategies to preserve and maintain HT areas
Create on-line GIS-based website for region's
sites which are currently available and are
compatible with local comprehensive plans
Develop strategies for partnering to foster
quality economic growth in designated areas
which respect solid planning principles,
adjacent rural and historic areas, which will
provide job opportunities, training, and diversif
rural tax bases
Provide managment support for regional
housing trust fund
Page 1
Linking the Program Initiatives
Virtual Academy for Information Technology Training
Business Educator Exchange Fellowships
Vision Links
Provide better career options
Varied ed opps to use talents
Match training/econ initiatives
Effective pub/priv cooperation
Varied ed opps to use talents
Match skills needed/training
Goals Achieved
Increase efficiency of exisiting efforts
Expand regionalism
Filling gaps with innovations
Increase efficiency of exisiting efforts
Build on what exists
Professional Design Certification Program
Biotech Research Lab Specialists Degree Program
Effective pub/priv cooperation
Varied ed opps to use talents
Match skills needed/training
Effective pub/priv cooperation
Varied ed opps to use talents
Match skills needed/training
Fill gaps in regonal programs
with innovative initiatives
Fill gaps in regonal programs
with innovative initiatives
Heritage Tourism
Regional Economic Opportunities Database
Zion Crossroads Development Initiative
Affordable Housing Trust Fund Management
Capitalize on inherent Tourism assets
Enhancing regional Tourism efforts
Historic resources protected
Effective regional public/private cooperation
Desired economic growth is networked and
in accordance with plans
Effective regional public/private cooperation
Desired economic growth is networked and
in accordance with plans
Orderly managed growth in village centers
Diversity of good paying jobs
Valueing health and welfare of citizens
Access to housing market
Increase efficiency of exisiting efforts
Expand regionalism
Filling gaps with innovations
Increase efficiency of exisiting efforts
Expand regionalism
Increase efficiency of exisiting efforts
Expand regiOnalism
Filling gaps with innovations
Increase efficiency of exisiting efforts
Expand regionalism
Page 2
Linking the Program Initiatives
Virtual Academy for Information Technology Training
Business Educator Exchange Fellowships
Professional Design Certification Program
Biotech Research Lab Specialists Degree Program
Heritage Tourism
Regional Economic Opportunities Database
Zion Crossroads Development Initiative
Affordable Housing Trust Fund Management
Strengths
Used
Quality ed system
Quality ed system
Quality ed system
Quality ed system
Beauty of region
Beauty of region
Beauty of region
Leadership
Barriers
Overcome
Mismatch jobs/skills
Inefficient use of
exisiting programs
Mismatch jobs/skills
Inefficient use of
exisiting programs
Mismatch jobs/skills
Mismatch jobs/skills
Sprawl
Regional marketing gap
Inefficient use of
exisiting programs
Out paced tourism income
Sprawl
Regional marketing gap
Inefficient use of
exisiting programs
Sprawl
Mismatch jobs/skills
Marketing gap for economic
development
Lack of affordable housing
opportunities
Competitiveness
Definition Addressed
Better jobs
Innovative solutions
Strengths->comp edge
Innovative solutions
Strengths->comp edge
Contribute to Quality of
educational system
Innovative solutions
Better jobs
Contribute to Quality of
educational system
Innovative solutions
City/UVa/PVCC p-ship
Better jobs
Protect attributes such
as beauty of region
Seeking harmony among
competing interests
All localities share in
prosperity of region
Solutions to tax base
inequities between localities
Improved unemployment rates
in Louisa County
Address lack of City land
Urban/rural job opportunities
Better jobs
All persons do not share in
current prosperity
Page 3
Linking the Program Initiatives
Virtual Academy for Information Technology Training
Business Educator Exchange Fellowships
Professional Design Certification Program
Biotech Research Lab Specialists Degree Program
Heritage Tourism
RegIonal Economic Opportunities Database
Zion Crossroads Development Initiative
Affordable Housing Trust Fund Management
Expected Outcome
Measures
curriculum
first students
three localities participate
# fellowships
#business mentors
Program curriculum complete
Work Keys accomplished
Private resources on line
Work Keys accomplished
Curriculum in place
Program certification approved
1st students enrolled/corn plete 1st yr
Heritage Area Forums held
Heritage Sites Identified
Map/brochure graphic design complet
Rural counties participate in program
Industrial/Research Park information
developed for Web Site
Final village plan in place
Regional agreement signed
Water/sewer timeline operational
Regional-Industrial Park application in
Marketing plan in place
Increased amount of funds available
Increased homeownership in region
Government
Partners
C'ville
Albemarle
Fluvanna
C'ville, Albemarle
Fluvanna, Louisa
Nelson, Greene
C'ville, Albemarle
Fluvanna, Louisa
Nelson, Greene
C'ville
PVCC
UVA
C'ville, Albemarle
Fluvanna, Louisa
Nelson, Greene
C'ville, Albemarle
Fluvanna, Louisa
Nelson, Greene
Louisa
C'ville
Fluvanna
C'ville, Albemarle, Fluvanna
Louisa, Greene, Nelson
Page 4
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 98-09 CFW WIRELESS (ARROWHEAD)
SU BJECTIPROPOSAL/REQUEST:
Request by CFW Wireless in accord with the provisions of
Section 10.2.2(6) to allow the construction of a
telecommunication facility on Tax Map 88, Parcel 26. This
property is zoned PA, Rural Areas, and EC, Entrance
Corridor, and is located on the east side of Route 29 South
(Monacan Drive), south of Route 745 (Arrowhead Valley
Road), in the Samuel Miller Magisterial District. This site is
not located in a designated development area.
AGENDA DATE:
June 9, 1999
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
ITEM NUMBER:
INFORMATION:
INFORMATION:
Attachment A is a letter from the applicant describing
modifications to the original proposal; Attachment B is a REVIEWED. BY:
revised survey showing the new site.
STAFF CONTACT(S): ~
, Messrs. Tucker, Cilimberg; Ms. Thomas , -/~
BACKGROUND:
At the meeting of May 4, 1999, the Planning Commission recommended approval of the applicant's proposal for a treetop
telecommunications facility, with conditions. Subsequently, at the request of the owners of the adjacent Arrowhead
property, the applicant has agreed to move the proposed site 35.5 feet further to the northeast and away from the shared
property line. Previously, the proposed site was located 97.7 feet from the southem property boundary; the new location
is 132.2 feet from that line.
DISCUSSION:
The owners of the Arrowhead property have dedicated a conservation easement on it. (See Attachment C of the May
4, 1999 Memorandum to the Planning Commission for a map of this easement.) Although in staff's opinion negative
impacts to the easement from the location originally proposed would have been minor, establishing a greater setback
between the tower site and the shared property line further mitigates potential impacts and is a positive feature.
RECOMMENDATION:
Staff's original recommendation of approval (with conditions) is unchanged; however, Condition #3 has been modified
to identify the revised survey plat (in italics), as follows:
The elevation of the top of the tower shall not exceed six (6) feet above the elevation of the top of the tallest tree
within 25 feet downslope of the tower. The applicant shall provide a certified statement on the elevation of the tallest
tree. A lightning rod may extend two (2) feet above the height of the tower. Equipment extending above the tower
shall not exceed one (1) inch in diameter;
2. The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
Guy wires shall, be not permitted;
The tower shall have no lighting;
The tower shall not be painted and shall be natural wood color;
3. The tower Shall be located on the site as follows:
The tower shall be located on the site as shown on the attached plan entitled "Survey ora Lease Parcel &
Ingress Egress Easement for CFW Wireless on the Land of T. E. Wood, May 14, 1999" and initialed SET,
5/17/99. The tower shall be located on the site as follows:
(1)
The tower shall be located so that, in the event of structural failure, the tower and all of its
components will remain within the parcel containing the lease area;
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to two (2) panel type metal antenna mounted to the wooden p°le such that
they do not extend above the pole;
b. Satellite and microwave dish antennas are prohibited;
5. The tower shall be used, or have the potential to be used, for the collocation of other wireless telecommunications
providers, as follows:
The permittee shall allow other wireless telecommunications providers to locate antennas on the tower and
equipment on the site, subject to these conditions:
(1 .)
Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the
permittee shall execute a letter of intent stating that it will make a good faith effort to allow
such location and will negotiate in good faith with such other provider requesting to locate on
the tower or the site;
(2.)
The permittee shall provide to the County, upon request, verifiable evidence that it has made
a good faith effort to allow such location. Verifiable evidence of a good faith effort includes,
but is not limited to, evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site owned or
controlled by another provider within Albemarle County;
[The use of this facility by additional telecommunication providers will require amendment of this special use permit. The
presence of this condition in no way implies approval of additional uses for this facility or this property.]
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 feature. For 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. Outdoor lighting shall only be on during periods of
maintenance;
Prior to beginning construction or installation of the tower or the equipment building, or installation of access for
vehicles or utilities, the owner or the permittee shall obtain authorization from the Director of Planning to remove
existing trees on the site. The Director of Planning shall identify which trees may be removed for such construction
or installation. Except for the tree removal expressly authorized by the Director of Planning, neither the permittee nor
the owner shall remove existing trees within one thousand (1000) feet of the tower, the equipment building, or the
vehicular or utility access;
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be
required;
Access road improvements shall be limited to drainage improvements and minimal grading necessary to improve the
travel surface and the application of gravel. Should installation of the tower require provision of greater access
improvements, these improvements shall be removed or reducect after installation is completed;
10. The access road shall be gated;
11.
12.
13.
14.
15.
16.
17.
The regular service interval shall be as indicated ~)y the applicant and described herein, except as necessary
for repair and restoration of service;
The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for
wireless communications purposes is discontinued;
The permittee shall submit a report to the zoning administrator once per year, by not later than July 1 of that
year. The report shall identify each user and shall identify each user that is a wireless telecommunications
service provider;
Minimum allowable radius for horizontal curvature of the access road shall be 40 feet;
No slopes associated with construction of the tower 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 access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
The access road shall disturb no more than 75' in cross section.
99.096
Attachments:
A - May 26, 1999 Letter from CFW
B - May 14, 1999 Survey of Revised Tower Location
iCFW,lnlelos
1150 Shenandoah Village Drive
P.O. Box 1328
Waynesboro, Virginia 22980-0909
May 26, 1999
Ms. Susan Thomas
County of Albemarle Planning and Community Development
401 McIntire Road
Charlottesville, Virg/nia 22902-4596
Ms. Thomas,
This letter is in reference to the CV152 Arrowhead site. We have moved the proposed site
approximately 50 feet North-North East of the original site. CFW moved this site to
accommodate a request from Mr. Bird-Woods, one of the adjacent property owners. CFW
moved the site along a ridgeline on the property to the furthest point frOm Mr. Bird-Woods
property. The new location is the furthest that we can move the site without losing the
we require for this installation.
Bird-Woods on 24 May 1999. He said that the new location would be much
the fact that it was as far as we could move the site from his property line. If
any questions, please do not hesitate to call me at the number listed above.
With;Regards, ~
Site Acquisition Specialist
RECEIVED
HAY 2, 6 19.q9
PLANNING AND
COMMUNITY DEV~.LOPMENT
IRON PIN SET
LINE RECONSTRUCTED
FROM PREVIOUS SURVEY
1. OTHER EASEMENTS, IF ANY; NOT SHOWN.
NO TITLE REPORT FURNISHED.
2. THIS PARCEL IS NOT IN A
F.E.M.A. FLOOD HAZARD
ZONE "A" OR "B"
,3. LEASE PARCEL DERIVED FROM A FIELD
SURVEY AND A PLAT DATED FEB, 19, 1998
d.W. HARRIS - STUARTS DRAFT, VA.
LINE TABLE
LINE LENGTH BEARING
L1 10.00 N 47'14'38" E
L2 10.00 S 42'45'22" E
L3 10.00 S 47'14'38" W
L4 10.00 N 4-2'45'22" W
~ ~ ~~ ~ ~
, ~ D~ ~o~ ~o ~. ~z
CURVE I RADIUS I LENGTH I TANGENT I CHORD
c, I I I
C, BEARING
S 12'25'49" E
NOT TO SCALE
r.~'. 4,~E PARCEL
100 $@. FT.
SITE //CV 152
SEE
DETAIL
SURVEY OF A ~
LEASE PARCEL & ~
INGRESS EGRESS EASEMENT ~
FOR CFW WIRELESS RECEIVED
ON THE LAND OF
T. E. WOOD MAY 17 1999
SAMUEL MILLER DISTRICT PLANNING AND
COMMUNITY DEVELOPMENT
ALBEMARLE COUNTY, VIRGINIA ~ ~ ~/~/~
Patton Harris Rust&Associates,pc
En~/neers,Surveyors,Plm~ners,Landscape Arch/feets
116 N. ~ ~eet
~r, V~ 22812
54~8~8-2616
Offices:
Chatty, Va.
Bri~ewater,Va. Vir~ia Beach,Va.
~esb~g,Va. W~chester,Va.
PHR
May18,1999
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296- 5823
Fax (804) 972 - 4012
Mr. Larry Ryan
CFW Communications
1150 Shenandoah Village Drive
Waynesboro, Virginia 22980
Re~
SP 98-09 CFW Wireless (Arrowhead)
Tax Map 88 Parcel 26
Dear Mr. Ryan:
The Albemarle County Planning Commission, at its meeting on May 4, 1999,
recommended approval of the above-noted petition to the Board of Supervisors. Please
note that this approval is subject to the following conditions:
The elevation of the top of the tower shall not exceed six (6) feet above the
elevation of the top of the tallest tree within 25 feet downslope of the tower. The
applicant shall provide a certified statement on the elevation of the tallest tree. A
lightning rod may extend two (2) feet above the height of the tower. Equipment
extending above the tower shall not exceed one (1) inch in diameter;
2. The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
Guy wires shall be not permitted;
c. The tower shall have no lighting;
Mr..Larry Ryan
May 18, 1999
Page 2
d. The tower shall not be painted and shall be natural wood color;
The tower shall be located on the site as follows:
The tower shall be located on the site as shown on the attached plan entitled "SC
611" and initialed SET, 2/25/98. The tower shall be located on the site as follows:
(1)
The tower shall be located so that, in the event of structural failure, the
tower and all of its components will remain within the parcel containing
the lease area;
Antennas may be attached .to the tower only as follows:
Antenna shall be limited to two (2) panel type metal antenna mounted to
the wooden pole such that they do not extend above the pole;
b. Smellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
The permi-ttee shall allow other wireless telecommunications providers to locate
antennas an the tower and equipment on the site, subject to these conditions:
(1 .)
Prior to approval of a final site plan for the site or the waiver of the
site plan requirement, the permittee shall execute a letter of intent
stating that it will make a good faith effort to allow such location
and will negotiate in good faith with such other provider requesting
to locate on the tower or the site;
(2.)
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not
limited to, evidence that the permittee has offered to allow other
providers to locate on the tower and site in exchange for reciprocal
rights on a tower and site owned or controlled by another provider
within Albemarle County;
[The use of this facility by additional telecommunication providers will require amendment
of this special use permit. The presence of this condition in no way implies approval of
additional uses for this facility or this property.]
Mr..Larry Ryan
May 18, 1999
Page 3
10.
11.
12.
13.
14.
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 feature. For 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. Outdoor lighting shall only be on during periods of
maintenance;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the owner or the permittee shall obtain
authorization from the Director of Planning to remove existing trees on the site. The
Director of Planning shall.identify which trees may be removed for such construction or
installation. Except for the tree removal expressly authorized by the Director of
Planning, neither the permittee nor the owner shall remove existing trees within one
thousand (1000) feet of the tower, the equipment building, or the vehicular or utility
access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
Access road imvroyements shall be limited to drainage improvements and
minimal graditrg~necessary to improve the travel surface and the application of
gravel. Should installation of the tower require provision of greater access
improvements, these improvements shall be removed or reducedafter installation
is completed;
The access road shall be gated;
The regular service interval shall be as indicated by the applicant and described
herein, except as necessary for repair and restoration of service;
The tower shall be disassembled and removed from the site within ninety (90)
days of the date its use for wireless communications purposes is discontinued;
The permittee shall submit a report to the zoning administrator once per year, by
not later than July 1 of that year. The report shall identify each user and shall
identify each user that is a wireless telecommunications service provider;
Minimum allowable radius for horizontal curvature of the access road shall be 40
feet;
Mr.,Larry Ryan
May 18, 1999
Page 4
15.
No slopes associated with construction of the tower 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.
16.
The access road shall be built with side slopes on cut and fill slopes at 2:1 or
flatter;
17. The access road shall disturb no more than 75' in cross section.
The Planning Commission only must take the following action in order to authorize a site plan
waiver:
A waiver of the drawing of a site. plan has been granted in accord with the provisions of Section
32.2 subject to the following conditions:
Should the area of disturbance exceed 10,000 square feet (including the access
road), an erosion and sediment control plan shall be approved prior to the issuance
of a building permit;
2. Provision of one parking space;
3. Issuance of Certificate of Appropriateness prior to final zoning approval.
Please be advised that thex41bemarle County Board of Supervisors will ~eview this
petition and receive pubic, comment at their meeting on June 9, 1999. ~-Lny 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,
Senior Planner
copy: Ella Carey g/
Amelia McCulley
4:, ~
BOARD OF SUPERVISORS
COUNTY OF ALBEMARLE
Department of Planning & Community Development
MEMORANDUM
TO:
Albemarle County Planning Commission
FROM:
Susan E. Thomas, Senior Planner
DATE: May 4, 1999
SP 98-09 CFW Wireless (Arrowhead): Update
Staff offers this update as a supplement to the staff report originally prepared for the April
21, 1998 Planning Commission meeting and updated for the July 14, 1998 meeting. The
applicant requested deferral at the April meeting, to investigate (at the Commission's
request) alternative locations. No alternative locations were identified by the applicant.
The project was considered again in July by the Commission, at which time it was
recommended for denial. The Board of Supervisors agreed to defer the application at its
meeting of August 19, 1998. At the applicant's request, it has been resubmitted (with
some modification) to the Planning Commission. The applicant has stated that alternative
locations have been investigated but relative to the location of other approved and/or
proposed sites along the Route 29 South corridor, the proposed Arrowhead site continues
to be desirable.
This reactivated application involves two changes. The mini-cell tower design is slightly
different from the original request in that the wooden pole (tower) extends 6 feet above the
surrounding trees, with a 2-foot lightning rod approximately 1 inch in diameter extending
above the top of it. This design change results from the applicant's experience with
existing wooden pole mini-cell sites, in which the crossbar supporting the two 7-foot
"whip" antennas degraded the top of the pole over time. The new design calls for two
panel antennas mounted flush against the top of the pole opposite each other (see
Attachment A). Because the antennas are installed on the pole itself, for coverage
purposes the pole is designed to be higher than the surrounding trees (by 6 feet in this
case). Installation of the lighming rod is standard procedure where the antennas
themselves do not extend above the tower. Should this application be approved, actual
tower height would be established by surveying the height of the existing trees within 25
feet of the tower and adding 6 feet to that number.
The second change in this application is described in a letter from Mr. T.E. Wood, the
property owner, in which he states he has no plans to perform any tree removal on the
property. (See Attachment B) For purposes of clarification of the wording of the letter,
should the Commission recommend approval of this application, staff has proposed
language that no trees be harvested or otherwise removed from the property other than
those required for installation of the tower in the leased area as a condition of approval. In
staff's opinion, the agreement to harvest no trees on the property while the tower use is in
operation is a positive factor.
Staff has included as Attachment C a portion of a tax map showing the area of the
Arrowhead as well as The Ridge conservation easemems, located adjacent to the parcel on
which this use is requested.
Staff finds that this application satisfies the requirements of Sections 10.2.2.6 and
31.2.4.1, and recommends approval with the following conditions:
o
RECOMMENDED CONDITIONS OF APPROVAL:
The elevation of the top of the tower shall not exceed six (6) feet above the elevation of
the top of the tallest tree within 25 feet downslope of the tower. The applicant shall
provide a certified statement on the elevation of the tallest tree. A lightning rod may
extend two (2) feet above the height of the tower. Equipment extending above the tower
shall not exceed one (1) inch in diameter;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
b. Guy wires shall be not permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted and shall be natural wood color;
The tower shall be located on the Site as follows:
a. The tower shall be located on the site as shown on the attached plan entitled "SC
611" and initialed "SET, 2/25/98." The tower shall be located on the site as
follows:
(1) The tower shall be located so that, in the event of structural failure, the
2
o
tower and all of its components will remain within the parcel containing the
lease area;
Antennas may be attached to the tower only as follows:
ao
Antenna shall be limited to two (2) panel type metal antenna mounted to
the wooden pole such that they do not extend above the pole;
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other wireless
telecommunications providers, as follows:
ao
The permittee shall allow other wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
(1 .)
Prior to approval of a final site plan for the site or the
waiver of the site plan requirement, the permittee shall
execute a letter of intent stating that it will make a good
faith effort to allow such location and will negotiate in
good faith with such other provider requesting locate on the
tower or the site;
(2.)
The permittee shall provide to the County, upon request,
verifiable evidence that it has made a good faith effort to
allow such location. Verifiable evidence of a good faith
effort includes, but is not limited to, evidence that the
permittee has offered to allow other providers to locate on
the tower and site in exchange for reciprocal rights on a
tower and site owned or controlled by another provider
within Albemarle County;
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 feature.
For 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. Outdoor lighting shall
only be on during periods of maintenance;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from the
Director of Planning to remove existing trees on the site. The Director of Planning shall identify
which trees may be removed for such construction or installation. Except for the tree removal
expressly authorized by the Director of Planning, the permittee shall not remove existing trees
3
within two hundred (200) feet of the tower, the equipment building, or the vehicular or utility
access;
No commercial timbering or harvesting of trees, or removal of trees other than for normal
maintenance purposes shall occur on the property while the property is used for the purpose
authorized under this special use permit;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be required;
10.
Access road improvements shall be limited to drainage improvements and minimal
grading necessary to improve the travel surface and the application of gravel. Should
installation of the tower require provision of greater access improvements, these
improvements shall be removed or reduced after installation is completed;
11. The access road shall be gated;
12.
The regular service interval shall be as indicated by the applicant and described herein,
except as necessary for repair and restoration of service;
13.
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless communications purposes is discontinued;
14.
The permittee shall submit a report to the zoning administrator once per year, by not later than
July 1 of that year. The report shall identify each user of the tower and shall identify each user
that is a wireless telecommunications service provider;
15. Minimum allowable radius for horizontal curvature of the access road shall be 40 feet;
16.
No slopes associated with construction of the tower 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.
17. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
18. The access road shall disturb no more than 75' in cross section.
The Planning Commission only must take the following action in order to authOrize a site plan waiver:
A waiver of the drawing of a site plan has been granted in accord with the provisions of Section 32.2 subject to
the following conditions:
Should the area of disturbance exceed 10,000 square feet (including the access road), an erosion
and sediment control plan shall be approved prior to the issuance of a building permit;
4
Provision of one parking space;
Issuance of Certificate of Appropriateness prior to final zoning approval.
Attachments:
A - Applicant's revised pole design
B - Letter from property owner
C - Conservation easemems map
IATTACHMENT A I
PANEL
ANTENNAS
i 5/B' CDAX TO BE USED
TD BE FURNISHED DY CFW
~PR-~I ~99
NEb 11:47 RI1 CFI4 14H~EL£SS FCt× NO, 5409322210 P, 01
April $, ]999
Ms, Susan Thomas
County o f A lbemm% Planning &nd Corem unity Development
401 Mcl~ttlte t~oad
Ch~lo~esvillc, Virgini~ ~9~.4596
This ]~tter is to confirm that I have no plans to p~rform any tre= removal on the property 1hat CFW is
proposing to install. I will not remove any trees on ~he propel~y tl~at might have lhe effect ot
redctclng the tree cover imcnded to hide the site. If there are any questions pleas~ call Kevin Arnold
with CFW at (540)946-7292 ami he will answer any qucstJons that yoti might have in rcgards to this
matter. Thank you,
S~ncer=ly,
18
I0~
I00
UEL MILLER DISTRIGT
'7
88'2O
SECTION
I
· ,,.~ ,, ,.,-, SC OTTSV i I
' SAMUEL MILL
(This staff report has been updated since the meeting of Apri121, 1998, at which the Planning
Commission granted the applicant's request for a deferral Revisions appear in bold font in
the body of the report)
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SUSAN THOMAS
JULY 14, 1998
AUGUST 19, 1998
SP 98-09 CFW WIRELES$,(ARROWHEAD)
Applicant's Proposal:
The applicant is requesting approval to install a self supporting wooden pole of tree height
(estimated to be 75 - 100 feet) to proVide improved PCS cellular phone coverage for the Route
29 South corridor, within Albemarle County. Currently CFW Wireless service is available in the
area, but significant areas of weak signal.or even no signal exist along this corridor. The
proposed tower location is a 10 foot x 10 foot fenced site in the northwestern portion of Tax Map
88, Parcel 26, approximately 300 feet southeast of the State Route 745 (Arrowhead Valley Road)
right-of-way, east of the Southern Railroad.
At the Commission meeting of April 21, 1998, the applicant requested deferral of this
project to allow investigation of alternative sites for the proposed tower. As a result of this
deferral, however, the applicant has indicated that no alternative sites have been located,
and thus no revisions have been made to the special use permit application request. A
letter from the applicant is included as Attachment F.
Petition:
Request by CFW Wireless in accord with the provisions of Section 10.2.2(6) to allow the
construction of a telecommunication facility on Tax Map 88, Parcel 26. This property is zoned
RA, Rural Areas, and EC, Entrance Corridor, and is located on the east side of Route 29 South
(Monacan Drive), south of Route 745 (Arrowhead Valley Road), in the Samuel Miller
Magisterial District. This site is not located in a designated development area.
A location map is included as Attachment A; the applicant's site plan is Attachment B; the
applicant's justification is Attachment C.
The applicant is also requesting a site plan waiver.
Character of the Area:
This property is located off Arrowhead Valley Road, approximately 1/4 mile east of Route 29
South. In general,.the area's existing development pattern is characterized by smaller parcels
near the state highway, with parcel size increasing as one moves toward the higher elevations
both east and west. Attachment D is a topographic map that shows the location of the proposed
tower, nearby house structures, and other features.
The proposed tower site lies at an elevation of approximately 760 feet ASL, Above Sea Level.
The closest dwelling is approximately 600 feet from the proposed site, and approximately 10
residences are located within 2,000 feet (0.37 miles) of the proposed tower. No existing towers
are located in the immediate area. The closest existing CFW Wireless facility is located on
Carter's Mountain. The closest existing tower to the proposed site is the 360 Communications
site at Camp Holiday Trails, north of Interstate 64 in Ivy.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval with conditions.
Planning and Zoning History:
None available.
Comprehensive Plan:
Staff notes that in order to construct the proposed tower, clearing for access from the existing
driveway and the provision of electrical service will be required. Therefore, these impacts, in
addition to the impact of the tower itself, have been reviewed for compliance with the
Comprehensive Plan and the Zoning Ordinance.
Staff can identify no provision in the Comprehensive Plan which prohibits or has the effect of
prohibiting the provision of personal wireless communications. This site is located in the Rural
Areas; it is also identified as lying within a designated Entrance Corridor in the Comprehensive
Plan, Open Space Plan and Zoning Ordinance. Currently, the Comprehensive Plan contains
limited review criteria for the siting of telecommunication towers. The Open Space Plan does
provide some guidance for the protection of identified resources of the County. The resources
identified in the plan and potentially affected by this application are limited to the Entrance
Corridor Overlay District, which is currently addressed by the ARB, Architectural Review Board.
The intent of the Entrance Corridor Overlay District as stated in the 'Zoning Ordinance is in part
"to implement the comprehensive plan goal of protecting the county's natural, scenic and
historic, architectural and cultural resources including preservation of natural and scenic
resources as the same may serve this purpose," and, "to protect and enhance the county's
attractiveness to tourists and other visitors; to sustain and enhance the economic benefits
accruing to the county from tourism." If this special use permit is approved, the ARB will
review this request for impacts to the Entrance Corridor Overlay District. It is not clear how
2
visible this tower will be from the Entrance Corridor Overlay District, because it is a wooden
pole, equal in height to and surrounded by existing trees, located approximately 300 feet from
Arrowhead Valley Road and 1/5 mile from Route 29 South. Without additional information,
staffis unable to determine if the impacts created by an alternative site would have a greater or
lesser impact on the Corridor.
Access to the tower will be from a 15 foot wide easement from Arrowhead Valley Road, through
an existing farm entrance. The Virginia Department of Transportation (VDOT) has indicated in
its comments of March 25, 1998 that the entrance to the site should meet commercial entrance
standards, and that the tower should be positioned so that, should it collapse, it will not fall into
the roadway.
STAFF COMMENT:
Staff will address the issues of this request in three sections:
Section 31.2.4.1 of the Zoning Ordinance.
Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996.
[copy attached]
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning
Ordinance.
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,
The proposed tower is located approximately 97.7 feet from the nearest property line (to the
south); that boundary is shared with Tax Map 88 Parcel 20. The owner of ParceI 20 has
dedicated a conservation easement on it which also includes Parcel 17, located to the northeast.
This easement is held by the Virginia Outdoors Foundation (VOF), Although Albemarle County
is not a party to this conservation easement (under the Code of Virginia, Sections 10.1-1700-
1705, VOF fulfills that role), Part IV Protection Techniques of the Comprehensive Plan, Open
Space Plan sets forth a number of mechanisms currently used to protect open space resources,
among them conservation or open space easements. The Arrowhead Farm conservation
easement, encompassing Parcels 20 and 17 located to the south of the proposed tower site,
incorporates various provisions which meet VOF's requirements for accepting and holding this
type of negotiated agreement.
Parcel 20 (the adjacent property to the south) also contains a historic site, the Arrowhead
complex, which includes a residence and outbuildings. These structures are included on the
Virginia Landmarks Register and the National Register of Historic Places. They are located in
the western portion of Parcel 20, close to Route 29 South and the proposed tower is not
anticipated to adversely impact them.
The Hardware Agricultural/Forestal District is located to the west of (across Route 29
South) the parcel on which the tower use is proposed.
The proposed mini-cell site is wooded; the applicant's survey information indicates that the
· existing trees are between 75 and 100 feet tall, and the tower is proposed to match their height.
(Should the Commission recommend approval of the tower, staff recommends that the
applicant's surveyor certify the height of the trees within 25 feet of the tower, prior to issuance of
a building permit.) The fiberglass antennae will add another 7 feet to the height of the tower,
although because of their light weight and small diameter, these are not expected to be as visible
as other larger antennae.
Because of its location in a wooded area visually positioned against a wooded hillside, within a
small enclosure that will necessitate minimal clearing and disturbance to the property, the tower
is expected to be a minor feature in the landscape. The applicant's photo simulation indicates
some visibility from the state highway, but the use of wooden and fiberglass components makes
the tower unremarkable in the landscape, particularly at the posted travel speeds. Staff notes that
the use of non-reflective dark colored materials would minimize the metallic appearance and
visual impact of the fencing which the applicant has proposed. Visibility from adjacent property,
including the easement property, would be further reduced if the fencing were deleted altogether,
which staff recommends. Staff also notes that limiting the tower height to the height of the trees
located at the same elevation as the proposed site or at a lower elevation appears to further reduce
visual impacts, in that the structure would more effectively screened by the trees between it and
the state highway, the point from Which it is likely to be most visible. Development of the access
road to a minimum standard to avoid erosion and surface damage is also recommended.
Additional information may be provided by the public during the public hearings on the issue of
potential impacts.
The applicant has indicated that CFW Wireless service personnel will visit the site approximately
one time per month, a schedule similar to other utility providers. When electrical power to the
site is interrupted by weather or other factors, service personnel would be required to visit the site
to ensure that back-up power systems are working. This schedule is not expected to create
adverse impacts to adjacent property. Four wheel drive sport utility vehicles [Jeep type] are
generally used for this purpose.
The proposed tower may offer limited opportunities for collocation in an area which has been
identified as not having substantial collocation options. Staff notes that although the County
encourages collocation of facilities where opportunities exist, furore collocation on this tower,
should it be approved, should not introduce telecommunications facilities that more significantly
impact the adjacent property and the district. Because of the relatively low height, wooden pole
construction, and lack of capacity for vertical separation of antennae, collocation does not appear
probable. If approved, future facilities should be substantially of the same nature as the whip
4
antennae proposed with this application so that additional impacts are not created. No lighting
requirement is anticipated since this tower does not penetrate the Airport Overlay District.
Based on the above cited factors, staff finds that the proposed tower will not be of substantial
detriment to adjacent property.
that the character pf the district will not be changed thereby.
Staff has reviewed the impact of the proposed tower relative to the character of the Rural Areas
District and Entrance Corridor, with particular attention to its potential to establish a precedent
for additional future facilities of this nature on this site which might, perhaps, have a greater
impact than this particular installation. Because of the minimal physical impacts to the property
anticipated from the mini-cell design, and the fact that future collocation is problematic at best on
a tower of this type, staff finds that the proposed tower would not alter the character of the Rural
Areas district significantly.
Towers have been permitted in the Rural Areas in the' past, without a finding of significant
change to the character of the district depending upon the specific site and its sun'ounding terrain,
land use, etc. However, over time increasing tower density may incrementally change the
character of the district, possibly diminishing the aesthetic qualities for which these districts are
noted. Staff suggests that site specific factors such as size, construction type and site be
considered within the larger context of the pattern of tower location during the special use permit
review process. At the present time, there does not appear to be an excess of tower facilities in
this area.
The property is also EC, Entrance Corridor. If approved, the tower will be reviewed by the ARB.
Above-ground utilities occur along Route 29 South and other state roads, utilizing wooden poles
similar to the proposed tower. Because of the wooded nature of the area and the placement of the
tower approximately 300 feet from Arrowhead Valley Road within the external boundary of the
property, staff finds that the proposed tower does not signify a change in the character of the
district. It is expected to be only minimally visible from the closest public road and adjacent
properties, with a direct impact commensurate with that of a telephone or power pole.
and that such use will be in harmony with the purpose and intent 0fthis ordinance,
Staff has reviewed the purpose and intent of the Zoning Ordinance as stated in Sections 1.4, 1.5
and 1.6 with particular reference to Sections 1.4.3, 1~4.4, 1.4.5, 1.4.8, and 1.5. Sections 1.4.3,
1.4.4, and 1.5 address, in one form or another, the provision of public services. The use of
mobile telephones clearly proVides a public service as evidenced by the expanded and rapid
increase in use. Based on the provision of a public service, staff opinion is that this request is in
harmony with the purpose and intent of these sections of the ordinance. Sections 1.4.5 and 1.4.8
address preservation of historic areas and agricultural, forestal and other lands significant to the
natural environment. Although these resources are present on this site or within the area, staff
finds that negative impacts to them are minimal.
5
Staff notes that the applicant was asked if collocation on existing towers in the area had been
explored as an alternative to the new tower. The applicant responded that CFW Wireless'
engineering studies indicate that a tower is needed in the vicinity of this site due to the
topography and curving alignment of this portion of the Route 29 South corridor, paralleled by
mountains both to the east and west. The applicant has indicated that collocation on existing
facilities in this portion of the county would not provide the same level rof service as the proposed
tower.
Staff opinion is that this request complies with this provision of Section 31.2.4.1 of the
Ordinance.
with the uses permitted by right in the district,
The proposed tower will not restrict the current uses, other by-right uses available on this site or
by-right uses on any other property.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.1.12 of the ordinance contains regulations governing tower facilities and appropriate
conditions are proposed to ensure compliance with this provision of the ordinance.
and with the public health, safety_ and general welfare.
The provision of increased communication facilities may be considered consistent with the
public health and safety and general welfare by providing increased communication services in
the event of emergencies and increasing overall general communication 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 Commission's regulations concerning such emissions." In order to operate this facility, the
applicant is required to meet the FCC guidel!nes for radio frequency emissiong. This
requirement will adequately protect the public health and safety.
Reduction in setback in accord with the provisions of Section 4.10.3.1 of the Zoning Ordinance
Section 4.10.3.1 states:
"The height limitations of this chapter shall not apply to barns, silos, farm buildings,
agricultural museums designed to appear as traditional farm buildings, residential
chinmeys, spires, flag poles, monuments or transmission towers and cables; smokestack,
water tank, radio or television antenna or tower, provided that except as otherwise
permitted by the commission in a specific case, no structure shall be located closer in
distance to any lot line than the height of the structure; and, provided further that such
structure shall not exceed one hundred (100) feet in height in a residential district.
height limitation shall not apply to any of the above designated structures now or
hereafter located on existing public utility easements".
This
By the requirements of this provision the proposed tower would need to be located a minimum of
75 - 100 feet from the edge of the property, depending upon the exact height of the existing trees
which under the applicant's proposal would determine the tower height. The proposed tower is
located approximately 97.7 feet from the southern property line. Staff does not recommend
waiving the setback requirement, based on the presence of the conservation easement on the
affected adjacent property. In this case, it is staff's opinion that any impacts from tower collapse
should remain on the parent parcel and not affect the Parcel to the south. Based on the operation
of Condition #1, it appears unlikely that the setback waiver will be necessary.
Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996.
The regulation 0fthe placement, construction and modification of personal wireless facilities by
any State or local government or instmmentali .ty thereof shall not prohibit or have the effect of
prohibiting the provision of personal wireless services.
Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal
wireless service. Staff opinion is that the County has no ban or policies that have the effect of
banning personal wireless services or facilities and that decisions regarding the approval of
facilities to provide service is done on a case-by-case basis. Staff does not believe that the
special use permit process nor the denial of this application has the effect of prohibiting the
provision of personal wireless services. The applicant has not demonstrated that there are no
other locations within the proposed area of service currently available for new tower
construction. For this reason, staff does not believe that denial of this application would have the
effect of prohibiting the provision of services.
The applicant has worked with staff in an effort to identify any suitable location for collocation
which would eliminate the need for construction of a tower. As discussed above, collocation
options for this site appear to have been exhausted. The applicant's letter of May 28
(Attachment F) states that CFW Wireless has not been able to lOcate alternate sites for this
tower.
Waiver of a site plan in accord with the .provisions of Section 32.2.2 of the Zoning Ordinance.
Section 32.2.2 allows the Commission to waive the drawing of a site plan if requiring a site plan
would not forward the purpose of the ordinance or otherwise serve the public interest. The site
review committee has reviewed the request for a site plan waiver (Zoning comments are included
as Attachment E). Based on this review staff is unable to identify any purpose which would be
served by requiting the submission of a site plan. Staff recommends approval of a full site plan
waiver subject to the following conditions:
Should the area of disturbance exceed 10,000 square feet (including the access
road), an erosion and sediment control plan shall be approved prior to the issuance
of a building permit;
2. Issuance of Certificate of Appropriateness prior to final zoning approval.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
The tower will provide increased wireless capacity which may be considered consistent
with the provisions of Sections 1.43, 1.4.4 and 1.5;
2. The tower will not restrict permitted uses on adjacent properties;
o
Access to the tower will be from an existing road, through an existing entrance,
over an access easement; and
Due to its location, construction type, and the existing tree cover on the site, the
tower will be minimally visible from other portions of the property, adjacent
properties, and public roads.
5. Collocation options and alternative sites appear to have been exhausted.
Staff has identified the following factors which are unfavorable to this request:
A non-agricultural/forestal use will be introduced into a rural area.
The following factor is relevant to this consideration:
1. There is an existing reasonable use of the property.
Staff opinion is that this request generally complies with the provisions of the ordinance and the
Comprehensive Plan. The options for collocation on adjacent poles appear to have been
exhausted.
RECOMMENDED ACTION:
Staff opinion is that this request complies with the provisions of the ordinance and the
Comprehensive Plan. Although alternatives to installation of this tower exist, staff feels that
negative impacts from the tower would be minor and such impacts are balanced by the benefits
of increased wireless service. Therefore, staff supports this application and offers the following
recommended conditions of approval.
8
RECOMMENDED CONDITIONS OF APPROVAL:
1. The elevation of the top of the tower shall not exceed the elevation of the top
of the tallest tree within 25 feet downslope of the tower. The applicant shall
provide a certified statement on the elevation of the tallest tree. Antenna may
extend 7 feet above the height of the tower. Equipment extending above the
tower'shall not exceed three (3) inches in diameter;
2. 'The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
b. Guy wires shall be not permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted and shall be natural wood color;
3. The tower shall be located on the site as follows:
a. The tower shall be located on the site as shown on the attached plan entitled "SC
611" and initialed "SET, 2/25/98." The tower shall be located on the site as
follows:
(1) The tower shall be located so that, in the event of structural failure, the
tower and all of its components will remain within the lease area;
4. Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to two (2) fiberglass antenna not to exceed seven
(7) feet in length or three (3) inches in diameter;
b. Satellite and microwave dish antennas are prohibited;
5. The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow other wireless telecommunications providers to
locate antennas on the tower and equipment on the site, subject to these
conditions:
1. Prior to approval of a final site plan for the site or the waiver of the
site plan requirement, the permittee shall execute a letter of intent
stating that it will make a good faith effort to allow such location
10
o
10.
11.
12.
and will negotiate in good faith with such other provider requesting
locate on the tower or the site;
4
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not
limited to, evidence that the permit-tee has offered to allow other
providers to locate on the tower and site in exchange for reciprocal
fights on a tower and site owned or controlled by another provider
within Albemarle County;
~Each outdoor luminaire shall be fully shielded such that all light emitted is
projected below a horizontal plane nmning though the lowest part of the shield or
shielding feature. For 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. Outdoor lighting shall only be on during periods of
maintenance;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees may be removed for such construction Or installation. Except
for the tree removal expressly authorized by the Director of Planning, the permittee shall
not remove existing trees within two hundred (200) feet of the tower, the equipment
building, or the vehicular or utility access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
Access road improvements shall be limited to drainage improvements and
minimal grading necessary to improve the travel surface and the application of
gravel. Should installation of the tower require provision of greater access
improvements, these improvements shall be removed or .reduced after installation
is completed;
The access road shall be gated;
The regular service interval shall be as indicated by the applicant and described
herein, except as necessary for repair and restoration of service;
The tower shall be disassembled and removed from the site within ninety (90)
days of the date its use for wireless communications purposes is discontinued;
13.
The permittee shall submit a report to the zoning administrator once per year, by
not later than July 1 of that year. The report shall identify each user of the tower
and shall identify each user that is a wireless telecommunications service
provider;
14.
Minimum allowable radius for horizontal curvature of the access road shall be 40
feet;
15.
No slopes associated with construction of the tower 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.
16.
The access road shall be built with side slopes on cut and fill slopes at 2:1 or
flatter;
17. The access road shall disturb no more than 75' in cross section.
The Planning Commission only must take the following action in order to authorize a site plan
waiver:
A waiver of the drawing of a site plan has been granted in accord with the provisions'of Section
32.2 subject to the following conditions:
Should the area of disturbance exceed 10,000 square feet (including the access
road), an erosion and sediment control plan shall be approved prior to the issuance
of a building permit;
2. Provision of one parking space;
3. Issuance of Certificate of Appropriateness prior to final zoning approval.
ATTACHMENTS:
A - Location Map
B - Applicant's Site Plans
C - Applicant's Justification
D - Topographical Map
E - March 16, 1998 Memorandum from Building Code and Zoning Services
F - May 28, 1998 Letter from the Applicant
C : I TO WERSMRRO W. RPT
3.2
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M~J~ER DISTRICT
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SECTION 88,. . '""'""".. _
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SAMUEL MILLER DI!
_BEMARLE COUNTY IATTACHMENT A
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ALBEMAR
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$COTTSVi
SAMUEL MILL
Arrowhead Corporation of Virginia
Tax Map 89, Parcels I7E, 17F, I7H & 17J
Albemarle County, Virginia
Scale: 1 Inch = 1320 Feet
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[]
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Management Unit "A" ( 176 acres)
Management Unit "B" ( 142 acres}
Management Unit "C"
Management Unit "D"
Management Unit "E"
Management Unit "F"
{18 acres}
(48 acres)
(21 acres)
(39 acres)
Management Unit "G" (38 acres)
Management Unit "H" ( 17 acres)
Management Unit "I" (22 aores)
Stream Management Zones (28 acres)
Pasture and Openland (16 acres)
SC611
SITE PLAN
Jlw,C.
T.E. m~OD
Do~. 8~0 P~ q61
TOkYER SI TE FOR
C F lb' #/IRELESS
CV- 15~
PROPERTY OF T. E. IYOOD
SAtZUEL MILLER DISTRICT, ALBEMARLE C0.,
SCALE: I"= 40' FEB. 12, 1998
d.~. HARRIS, L.S. - STUARTS DRAFT, VA.
VA.
JATTACHMENT C I
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 ~t 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 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?
Howwilltheproposedspecialuseaffectadjacentproperty? '-~'¢~'~ zo,)'/~,' ,oo er/be/- /o o~.,//n'et,~'' ~'~',','~
? ,
How will the proposed special use affect the character of the district surrounding the property? /t/o ~_.['/~,.,..~"'"~
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
How is the use in harmony with the uses permitted by right in the district?
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
How will this use promote the public health, safety, and general welfare of the community?
Describe your request in detail and include all pertinent information such as the numbers of persons
invol/~ed in the use, operating hours, and any unique features of the.use:
ATrACH/V[ENTS REQUIRED - provide two(2) copies of each:
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 oray for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
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 ATTACH1V~NTS:
Drawings or conceptual plans, if any.
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.
Signatu~ / '/ Date
Printed Name
Daytime phone number of Signatory
DESCRIPTION OF REQUEST:
CFW Wireless requests a special use permit to construct and operate a Mini-cell Communications Tower
and associated equipment on the T.E. Wood's Property at Arrowhead. The Telephone Pole will be
supporting 2 antennas. The survey drawing will have the base height of' the telephone pole and location, to
include easement to the site. The height of the Pole will be at tree top level. Find attached a site plan
drawing showing the Mini-cell layout.
JUSTIFICATION:
CFW Wireless has been Iicensed by the Federal Communications Commission to provide PCS or Personal
Communications System service to the residents of Albemarle County. PCS is a revolution in cellular
technology. It is a phone with caller ID. a vager, and an answering machine in one lightweight, hand-held
unit ail for iess than cun'ent cellular service. It is CFW's intent to compete with the local exchange carrier
giving the residents of Albemarle County the option of doing away with land line phones and having one
"go-anywhere" communications unit that has all of the services of land-line phones and more.
CFW requests this site at Arrowhead to provide coverage l'br residents and commuters along Route 29.
This site will tie into other proposed sites North and South of' this one. The property at Arrowhead is zoned
AG. CFW feels that a Pole at tree top level will allow us to provide our service in the manner required by
thc FCC.
;MX~
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 Mclntire Road
Charlottesville, Virginia 22902
Phone (804) 296-5832 Fax (804) 972-4126
/~TTACHME~NT E I
MEMORANDUM
TO:
FROM:
DATE:
RE:
William Fritz, Senior Planner
John Shepherd, Permit and Plan Specialist~
March 16, 1998
SP 98-09 Arrowhead CV 152 Site Plan Waiver Request
The Department of Building Code and Zoning Services recommends approval of this
site plan waiver request subject to the following conditions:
1. Provide one parking space.
2. Department of Planning and Community Development verification that:
a. Construction of the tower will not result in earth disturbing activities on
slopes exceeding 25%.
b. The tower will be set back from property lines at a distance that at a
minimum equals the height of the tower.
Please call me if you have questions.
W/RELESS
iATTACHHENT F J
1150 Shenandoah Village Drive
P.O. Box 1328
Waynesboro. Virginia 22980:0909
540 9464500
FAX: 540 932-2210
May 28, 1998
County of Albemarle
Dept. of Zoning & Community Development
401 Mclntire Road
Charlottesville, Va. 22902
Attn: Susan Thoma~
RE: CV152, Arrowhead Site for SUP
Dear Susan,
CFW Wireless requcsts that the appIication for our Arrowhead Site be place on the
Planning Board's agenda for approval with thc other sites submitted last week. We have
looked at our options in this area and determined that this site is critical to our build-out
and can not be moved ,any considerable distance toward Britts Mm or the Red Hill
proposed site or we will degrade our service in this area. We still need a site in this area
for coverage and the West side of Hwy 29 is on a ridge Iine which will cause shadowing
along the North part of Hwy 29 where it curve.~ around Britts Mtn. By being on thc East
.q/de of Hwy 29, we provide a better line of site to the highway with no shadowing.
It is our plan to t',zke an Arial photo of this corridor to provide a better picture of our
situation in this area. We will provide you a copy of this when we get it completed.
If you have any questions please call me at (540) 9424590 or (540) 471-8099.
Sincerely,
Mgr. for CFW Wireless
RECEIVED
JUN 0
Planning Dept.
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823 .~ ......
~une 1, 1999
Dick Shearer
1150 Sheandoah Village Drive
Waynesboro, VA 22980
SP-99-15 CFW Red Hill
Tax Map 87B, Parcel 4
Dear Mr. Shearer:
The Albemarle County Planning Commission, at its meeting on May 25, 1999, unanimously
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
The height of the tower shall not exceed ten (10) feet above the height of the large
oak tree located west of the proposed lease site. The applicant shall provide a
certified statement on the height of this tree. A lightning rod approximately one
(1) inch in thickness may extend two (2) feet above the height of the tower;
2. The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
bo
Guy wires shall be not permitted;
c. The tower shall have no lighting;
d. The tower shall not be paimed and shall be natural wood color;
Page
The tower shall be located on the site as follows:
The tower shall be located on the site as shown on the attached plan entitled
"Survey ora Lease Parcel & Ingress Egress Easement for CFW Wireless on the
Land ofJ & F Ekman, Inc." dated May 14, 1999 and initialed "SET, 5/17/99;"
b. The lease area shall not be fenced;
Antennas may be attached to the tower only as follows:
Antenna shall be limited to two (2) panel antenna not to exceed six
(6) feet in height, mounted flush against the wooden pole and not to
extend above the top of the pole;
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
The permittee shall allow other wireless telecommunications providers to
locate antennas on the tower and equipment on the site, subject to these
conditions:
Prior to approval of a final site plan for the site or the waiver of the
site plan requirement, the permittee shall execute a letter of intent
stating that it will make a good faith effort to allow such location
and will negotiate in good faith with such other provider requesting
to locate on the tower or the site;
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County;
[The use of this facility by additional telecommunication providers will require amendment of
this special use permit. The presence of this condition in no way implies approval of
additional uses for this facility or this property.]
2
o
10.
11.
12.
15.
Each outdoor luminaire shall be fully shielded such that ail fight emitted is
projected below a horizontai plane running though the lowest part of the shield or
shielding feature. For 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. Outdoor lighting shail only be on during periods of
maintenance;
Prior to beginning construction or installation of the tower or the equipment building, or
instailation of access for vehicles or utilities, the permittee shail obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees may be removed for such construction or installation. Except for
the tree removai expressly authorized by the Director of Planning, the permittee shall not
remove existing trees within two hundred (200) feet of the tower, the equipment building,
or the vehicular or utility access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
Access road improvements shail be limited to drainage improvements and minimal
grading necessary to improve the travel surface and the application of gravel.
Should installation of the tower require provision of greater access improvements,
these improvements shail be removed or reduced after installation is completed;
The regular service intervai shall be as indicated by the applicant and described
herein, except as necessary for repair and restoration of service;
The tower shall be disassembled and removed from the site within ninety (90) days
of the date its use for wireless communications purposes is discontinued;
The permittee shail submit a report to the zoning administrator once per year, by
not later than July 1 of that year. The report shail identify each user of the tower
and shail identify each user that is a wireless telecommunications service provider;
No slopes associated with construction of the tower 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.
Page 4
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on June 9, 1999. 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.
The Commission also approved a waiver of the drawing of a site plan in accord with the
provisions of Section 32.2 subject to the following conditions:
Should the area of disturbance exceed 10,000 square feet (including the access
road), an erosion and sediment control plan shall be approved prior to the issuance
of a building permit;
2. Provision of one parking space;
3. Issuance of Certificate of Appropriatehess prior to final zoning approval.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Senior Planner
SET/jcf
Cc~
Ella Carey
Jack Kelsey
Amelia McCulley
Steve Allshouse
4
COUNTY OF ALBEMARLE
Department of Planning & Community Development
MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Planning Commission
Susan E. Thomas, Senior Planner
May 25, 1999
SP 98-15 CFW Wireless (Sarge's Trading Post): Update
Pursuant to the direction of the Commissioh at its meeting of May 4, 1999, staff met with
applicant and Mr. Malcolm Sprouse, an adjacent property owner, at Sarge's Trading Post on May
12. The applicant proposed moving the tower location approximately fifteen (15) feet west by
southwest, to allow placement of the wooden pole between two large trees on the site. Staff
agrees that the new location reduces the visibility of the telecommunication facility from Route
29 southbound, the basis for staff's recommendation for denial. The adjacent owner also reacted
positively to the new location, which increases the setback from his access easement (the existing
driveway).
Staff has included as Attachment A a revised survey of the property, which indicates the
proposed tower location as well as existing structures on the site. Attachment B is the
applicant's landscape plan. Should the Commission recommend approval of SP 99-15, staff
recommends the following conditions:
RECOMMENDED cONDITIONS OF APPROVAL:
The height of the tower shall not exceed ten (10) feet above the height of the large oak
tree located west of the proposed lease site. The applicant shall provide a certified
statement on the height of this tree. A lightning rod approximately one (1) inch in
thickness may extend two (2) feet above the height of the tower;
2. The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
b. Guy wires shall be not permitted;
o
c. The tower shall have no lighting;
d. The tower shall not be painted and shall be natural wood color;
The tower shall be located on the site as follows:
The tower ~hall be located on the site as shown on the attached plan entitled "Survey of a
Lease Parcel & Ingress Egress Easement for CFW Wireless on the Land of J & F Ekman,
Inc." dated May 14, 1999 and initialed "SET, 5/17/99;"
b. The lease area shall not be fenced;
Antennas may be attached to the tower only as follows:
Antenna shall be limited to two (2) panel antenna not to exceed six (6) feet
in height, mounted flush against the wooden pole and not to extend above
the top of the pole;
b. Satellite and microwave dish antennas are prohibited;
The tower shall be. used, or have the potential to be used, for the collocation of other wireless
telecommunications providers, as follows:
ao
The permittee shall allow other wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
Prior to approval of a final site plan for the site or the waiver of the site
plan requirement, the permittee shall execute a letter of intent stating that
it will make a good faith effort to allow such location and will negotiate in
good faith with such other provider requesting to locate on the tower or the
site;
The permittee shall provide to the County, upon request, verifiable evidence that
it has made a good faith effort to allow such location. Verifiable evidence of a
good faith effort includes, but is not limited to, evidence that the permittee has
offered to allow other providers to locate on the tower and site in exchange for
reciprocal rights on a tower and site owned or controlled by another provider
within Albemarle County;
[The use of this facility by additional telecommunication providers will require amendment of this
special use permit. The presence of this condition in no way implies approval of additional uses for
this facility or this property.]
o
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 feature.
For 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. Outdoor lighting shall
only be on during periods of maintenance;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from the
Director of Planning to remove existing trees on the site. The Director of Planning shall identify
which trees may be removed for such construction or installation. Except for the tree removal
expressly authorized by the Director of Planning, the permittee shall not remove existing trees
within two hundred (200) feet of the tower, the equipment building, or the vehicular or utility
access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be required;
o
Access road improvements shall be limited to drainage improvements and minimal
grading necessary to improve the travel surface and the application of gravel. Should
installation of the tower require provision of greater access improvements, these
improvements shall be removed or reduced after installation is completed;
10.
The regular service interval shall be as indicated by the applicant and described herein,
except as necessary for repair and restoration of service;
11.
The tower shall be~disassembled and removed from the site wittu~n.ninety (90) days of the
date its use for wireless communications purposes is discontinued;
12.
The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
15.
No slopes associated with construction of the tower 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 Planning Commission only must take the following action in order to authorize a site plan waiver:
A waiver of the drawing of a site plan has been granted in accord with the provisions of Section 32.2
subject to the following conditions:
1. Should the area of disturbance exceed 10,000 square feet (including the access road), an
-'2.
erosion and sediment control plan shall be approved prior to the issuance of a building
permit;
Provision of one parking space;
3. Issuance of Certificate of Appropriateness prior to final zoning approval.
The applicant's proposal requires approval of a setback reduction (as required by Section 4.10.3.1) for
the lease area. Should the Planning Commission recommend approval of the special use permit for the
tower use, staff recommends that the setback waiver also be approved..:
ATTACHMENTS:
A- Survey of Property
B - Landscape Plan
C:[PLANNINGITOWERSISarge 5'PC 5-25-99 memo. doc
OTHER EASEMENTS, IF ANY, NOT SHOWN.
NO TITLE REPORT FURNISHED,
THIS PARCEL IS NOT IN a
F.E.M.A. FLOOD HAZARD
ZONE "A" OR "B"
LEASE PARCEL DERIVED FROM A FIELD
SURVEY AND DEEDS AND PLATS OF
RECORD AS FOUND AMONG THE LAND
RECORDS OF ALBEMARLE COUNTY,
VIRGINIA IN:
DEED BOOK 866 AT PAGE 747
DEED BOOK 788 AT PAGE 281
IRON PIN SET
LINE RECONSTRUCTED
FROM PREVIOUS SURVEY
LINE I DIRECTION I DISTANCE
L1 S 88'51'00" W 76.76'
L2 S 78'00'00" W 48.71'
L3 N 79'56'00" W 44.83'
L4 S 10'04'00" W 21.71'
L5 S 48'19'09" E 55.04'
L6 S 84'39'04" E 5.54'
L7 N 84'39'04" E 10.00'
L8 '" S 05'20'56" E 10.00'
L9 S 84'39'04" W 10.00'
LIO S 05'20'56" E 10.00'
Lton Harris Rus~&~.ssocia~es,pc
ineers,Sur~m~or~,Planneri,Land~ape
N. Ma~
~tsr, ~r~l~a 22~12
-828--2616
~ces:
~ewater,Va. Vir~ia Beach,Va.
.sbic,Va. W~ches~er,Va.
~.o oI
C) ~ L~J "iI
84'51'04" E
12,25'
J gg F ~ /~TC.
1.357 ACRE~
TAX PARCEL 87B 4
IATTACHMEN:r AJ
RECEIVED
RAILROAD~ ~'X'~ ¢;~~?~~
STORY
~ ~ ~ FRAME B~G.
DEED BOOK 866 PG. ~7 ~~'~ ~ ~
SIDENllAL BLOCK BLDG.
DWELLI N G NN
264-' TO ONE STORY _ x~,-w
PROPOSE[:) ! o. DWELUNG ]~ p ~/~
---- IRON~ ~
PIN
FOUND GEORGE A JENNIFER MENTORE PROPOSED ~
TAX PARCEL 87B 6 TOWER
DEED BOOK 1331 PG. 330 ~ SURVEY OF A
PROPOSED TOWER
LOCATION
ONE STORY
LEASE PARCEL &
INGRESS EGRESS EASEMENT
FOR CFW WIRELESS
ON THE LAND OF
J & F EKMAN, INC.
SAMUEL MILLER DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: 1" 40' DATE: MAY 14, 1999
\
5.00'
NOT TO SCALE
PHR&A 10419-12
~ATTACHMENT B!
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SUSAN THOMAS
MAY4, 1999
JUNE 9, 1999
SP 99-15 CFW WIRELESS CV 113 (Sarge's Trading Post)
Applicant's Proposal:
The applicant is requesting approval to install a self supporting wooden pole approximately 10
feet above tree height (which is approximately 75 feet) to provide improved wireless service for
the Highway 29 South corridor, within Albemarle County. If approved, this site would connect
with the approved and operating CFW Crossroads site approximately one mile to the south; it
would connect with the proposed Arrowhead site to the north. The proposed tower site is a 15-
foot x 15-foot site approximately in the center of Tax Map 87B, Parcel 4, located at the
southwest corner of Routes 29 South and 710 on property presently used for a neighborhood
convenience store and private residence.
Petition:
Request for special use permit to allow for a personal wireless service facility in accordance with
Section 10.2.2.6 of the Zoning Ordinance which allows for radio-wave transmission and relay
towers. The property, described as Tax Map 87B Parcel 4, contains 1.357 acres, and is located in
the Samuel Miller Magisterial District at the intersection of Route 29 South (Monacan Drive)
and State Route 710 (Taylor's Gap Road). The property is zoned RA, Rural Areas and EC,
Entrance Corridor Overlay District. The Comprehensive Plan designates this property as Rural
Area 3.
A location map is included as Attachment A; a plat of the property is Attachment B; the
applicant's justification is Attachment C; the tower and antenna design is Attachment D; a
topographical map is Attachment E.
The applicant is also requesting a site plan waiver and a reduction in setback.
Character of the Area:
Access to the site is a through the parking area of the existing store, which is located on the same
parcel as the proposed tower. This driveway also serves the private residence located on the
parcel, as well as two residences located on the adjacent property to the south (Parcel 4A).
Existing development within the immediate area is relatively dense compared with much of the
southern portion of the county, due to areas of VR, Village Residential zoning. Red Hill
Elementary School lies approximately one-half mile south of the site.
Properties located within the Hardware Agricultural/Forestal (A/F) District lie within
approximately one mile of the site, to the south, west and north. Attachment D is a topographic
map that shows the location of the proposed tower, nearby house structures, and other features.
The proposed tower site lies at an elevation of approximately 740 feet ASL (Above Sea Level).
The closest dwelling is the residence on the same parcel, approximately 100 feet from the
proposed site. Approximately 36 residences are located within 2,000 feet (0.37 miles) of the
proposed tower. No existing towers are located in the immediate area. The closest existing CFW
Wireless facility is the Crossroads site, located to the south on the west side of Route 29 South.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends denial.
Planning and Zonine History_:
None available.
Comprehensive Plan:
Staff notes that the existing driveway and electrical service to the property owner's residence
would be used for the purposes of the proposed tower. A letter fi'om a local nursery owner
regarding impact to existing trees on site has been submitted, and is included as Attachment E.
Staff can identify no provision in the Comprehensive Plan which prohibits or has the effect of
prohibiting the provision of personal wireless communications. This site is located in the Rural
Areas; it is also identified as lying within a designated Entrance Corridor in the Comprehensive
Plan, Open Space Plan and Zoning Ordinance. Currently, the Comprehensive Plan contains
limited review criteria for the siting of telecommunication towers. The Open Space Plan does
provide some guidance for the protection of identified resources of the County. The resources
identified in the plan and potentially affected by this application are limited to the Entrance
Corridor Overlay District, which is currently addressed by the ARB, Architectural Review
Board.
The intent of the Entrance Corridor Overlay District as stated in the Zoning Ordinance is in part
"to implement the comprehensive plan goal of protecting the county's natural, scenic and
historic, architectural and cultural resources including preservation of natural and scenic
resources as the same may serve this purpose," and, "to protect and enhance the county's
attractiveness to tourists and other visitors; to sustain and enhance the economic benefits
accruing to the county from tourism." If this special use permit is approved, the ARB will
review this request for impacts to the Entrance Corridor Overlay District. It appears that this
2
tower would be minimally visible from the northbound lane on Route 29 South, due to
topography and trees cover on site. However, it is periodically visible from several locations
along Route 29 South southbound, because the front portion of the site has been cleared for the
commercial use and a relatively small amount of tree cover remains. Additionally, the site layout
and small size of the parcel offer few location options for a facility of this nature. In staff's
opinion, the proposed tower conflicts with the intent of the EC district.
The Virginia Department of Transportation (VDOT) has indicated in its Comments of March 25,
1999 that the entrance to the site should meet private street entrance standards. In staff' s
opinion, the existing store entrance would be adequate, should the tower be approved.
STAFF COMMENT:
Staff will address the issues of this request in three sections:
Section 31.2.4.1 of the Zoning Ordinance.
Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning
Ordinance.
Reduction in setback in accord with the provisions of Section 4.10.3.1 of the Zoning
Ordinance.
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 inthis ordinance may be
issued upon a finding by the Board of Supervisors that such use will not be of substantial
detriment to adjacent property,
The proposed tower is located approximately 40 feet from the nearest property line (to the
south); that boundary is shared with Tax Map 87B Parcel 6, which is in residential use. (A
setback reduction is required for this site.) Although the wooden pole proposed resembles
common utility poles, its height (approximately 85 feet), location close to the shared property
line, and the relatively thin tree cover on site are anticipated to create impacts that would be of
detriment to the adjacent property to the south. For the same reasons, the proposed tower can be
expected to have a detrimental visual impact on the property located to the east across Route 710
from this parcel and potentially from a number of other small properties located in the vicinity of
Red Hill School.
The applicant has indicated that CFW Wireless service personnel will visit the site approximately
one time per month, a schedule similar to other utility providers. When electrical power to the
site is interrupted by weather or other factors, service personnel would be required to visit the
site to ensure that back-up power systems are working. This schedule is not expected to create
3
adverse impacts to adjacent property. Four wheel drive sport utility vehicles [Jeep type] are
generally used for this purpose. '~
The proposed tower may offer limited opportunities for collocation in an area which has been
identified as not having substantial collocation options. Staff notes that although the County
encourages collocation of facilities where opportunities exist, future collocation on this tower,
should it be approved, should not introduce telecommunications facilities that more significantly
impact the adjacent property and the district. Because of the wooden pole construction and lack
of capacity for vertical separation of antennae, collocation does not appear probable. If
approved, future facilities should be substantially of the same nature as the panel antennae
proposed with this application so that additional impacts are not created. No lighting
requirement is anticipated since this tower does not penetrate the Airport Overlay District.
that the character of the district will not be changed thereby,
Staff has reviewed the impact of the proposed tower relative to the character of the Rural Areas
District and Entrance Corridor, with particular attention to its potential to establish a precedent
for additional future facilities of this nature on this site which might, perhaps, have a greater
impact than this particular installation. Although physical impacts to the property are anticipated
to be minimal since no clearing is required, and access and electrical service already exist on site,
staff finds that the proposed tower would alter the character of the Rural Areas district and
Entrance Corridor simply because it is plainly visible from the southbound lane of Route 29
· South and introduces a use which differs from the rural residential and agricultural uses
characteristic of this district and portion of the county.
Towers have been permitted in the Rural Areas in the past, without a finding of significant
change to the character of the district depending upon the specific site and its surrounding terrain,
land use, etc. However, over time increasing tower density may incrementally change the
character of the district, possibly diminishing the aesthetic qualities for which these districts are
noted. Staff suggests that site specific factors such as size, construction type and site be
considered within the larger context of the pattern of tower location during the special use permit
review process. At the present time, there does not appear to be an excess of tower facilities in
this area. However, this parcel does not offer the opportunities for careful siting that are needed
to avoid visual impacts to the RA district.
The property is also zoned EC, Entrance Corridor. If approved, the tower will be reviewed by
the Architectural Review Board (ARB). In staff's opinion, introduction of this use in a location
where it is visible from the Entrance Corridor does change the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent of the Zoning Ordinance. as stated in Sections 1.4, 1.5
and 1.6 with particular reference to Sections 1.4.3, 1.4.4, 1.4.5, 1.4.8, and 1.5. Sections 1.4.3,
1.4.4, and 1.5 address, in one form or another, the provision of public services. The use of
mobile telephones clearly provides a public service as evidenced by the expanded and rapid
increase in use. Based on the provision of a public service, staff opinion is that this request is in
harmony with the purpose and intent of these sections of.the ordinance. Sections 1.4.5 and 1.4.8
address preservation of historic areas and agricultural, forestal and other lands significant to the
natural environment [the Hardware A/F District is located to the south, west and north of this
property]. Staff finds that negative impacts which would result 'from the proposed tower in this
location conflict with these provision of the ordinance.
Because of the absence of existing telecommunication facilities in the area and limitations
imposed by other utility service providers (Virginia Power) on their existing towers, collocation
on an existihg telecommunication or electric power facility appears problematic or impossible as
an alternative to the new tower.
Staff opinion is that this request does not comply with this provision of Section 31.2.4.1 of the
Ordinance.
with the uses permitted by right in the district,
The proposed tower will not restrict the convenience store or residential use on this parcel, or
other by-right uses available on this site or by-right uses on any other property.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.1.-12 of the ordinance contains regulations governing tower facilities and appropriate
conditions are proposed to ensure compliance with this provision of the ordinance.
and with the public health, safety and general welfare.
The provision of increased communication facilities may be considered consistent with the
public health and safety and general welfare by providing increased communication services in
the event of emergencies and increasing overall general communication 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 Commission's regulations concerning such emissions." In order to operate this facility, the
applicant is required to meet the FCC guidelines for radio frequency emissions. This
requirement will adequately protect the public health and safety.
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.
Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal
wireless service. Staff opinion is that the County has no ban or policies that have the effect of
banning personal wireless services or facilities and that decisions regarding the approval of
facilities to provide service is done on a case-by-case basis. Staff does not believe that the
special use permit process nor the denial of this application has the effect of prohibiting the
provision of personal wireless services. The applicant has not demonstrated that there are no
other locations within the proposed area of service currently available for new tower
construction, For this reason, staff does not believe that denial of this application would have the
effect ofprohibiting the provision of services.
Because of the absence of existing towers along this .section of the Route 20 South corridor, as
previously mentioned it has not been possible to identify any suitable collocation opportunity
which would eliminate the need for construction of this tower. The applicant has stated that
alternate sites at Red Hill School and on property across Route 29 South were considered and
found to be infeasible for the tower use; the applicant has also indicated that this location is
significant relative to connecting to the Crossroads and Arrowheads facilities. Staff has no
independent verification available concerning the engineering requirements of the applicant's
network or the location needs relative to this site.
Waiver of a site plan in accord with the provisions, of Section 32.2.2 of the Zoning Ordinance.
Section 32.2.2 allows the Commission to waive the drawing of a site plan if requiring a site plan
would not forward the purpose of the ordinance or otherwise serve the public interest. Based on a
review of existing conditions on the property and the proposed lease area, staff is unable to
identify any purpose which would be served by requiring the submission of a site plan. Should
the Commission recommend approval of SP 99-15, staff recommends approval of a full site plan
waiver subject to the following conditions:
Should the area of disturbance exceed 10,000 square feet (including the access road), an
erosion and sediment control plan shall be approved prior to the issuance of a building
permit;
2. Issuance of Certificate of Appropriateness prior to final zoning approval.
Reduction in setback in accord with the provisions of Section 4.10.3.1 of the Zoning Ordinance
Section 4.10.3.1 states:
"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 or transmission towers and cables; smokestack,
water tank, radio or television antenna or tower, provided that except as otherwise
permitted by the commission in a specific case, no structure shall be located closer in
distance to any lot line than the height of the structure; and, provided further that such
structure shall not exceed one hundred (100) feet in height in a residential district. This
height limitation shall not apply to any of the above designated structures now or
hereafter located on existing public utility easements".
According to the requirements of this provision, the proposed tower would need to be located a
minimum of 85 feet from the edge of the property, which would place it closer to Route 29
South. The current location is approximately 40 feet from the closest property line, that
boundary shared with the parcel to the south; the residence on the parcel to the south is located
50 to 60 feet from the shared boundary. An existing row of trees parallels the boundary between
the two parcels. In staff's opinion, granting of the setback reduction is not appropriate in this
case due to the proximity of the residence on the adjacent parcel. It should be noted that the
residence of the property owner of the subject parcel lies approximately 100 feet from the tower
location, also of some concern to staff.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
The tower will provide increased wireless capacity which may be considered consistent
with the provisions of Sections 1.43, 1.4.4 and 1.5;
2. The tower will not restrict permitted uses on adjacent properties;
o
Access to the tower will be from an existing driveway, through an existing
entrance;
4. In addition to residential use, the parcel is presently used for a convenience store;
Staff has identified the following factors which are unfavorable to this request:
A non-agricultural/forestal use will be introduced into a rural area;
2. The tower is visible from Route 29 South, a designated Entrance Corridor;
o
Staff is not able to verify that all alternative locations for this tower have been fully
explored;
As proposed, the tower will require a setback reduction from the property: in the event of
failure, or falling ice or debris resulting from the telecommunications use, concerns exist
regarding potential impacts to the existing residence on the adjacent property;
In the event of failure of the tower, or falling ice or debris resulting from the
telecommunications use, concerns exist regarding potential impacts to the existing
residence and the convenience store, a public business, on the property.
The following factor is relevant to this consideration:
1. There is existing reasonable uses of the property [residential and commercial use].
Staff opinion is that this request does not comply with the provisions of the ordinance and the
Comprehensive Plan, and recommends denial of the applicantion.
RECOMMENDED ACTION:
Staff opinion is that this request does not comply with the provisions of the ordinance and the
Comprehensive Plan. Staff feels that negative impacts from the tower would be substantial and
cannot be mitigated on this site. However, should the Commission recommend approval of this
application, staff offers the following recommended conditions of approval.
RECOMMENDED CONDITIONS OF APPROVAL:
The height of the tower shall not exceed ten (10) feet above the height of the large
oak tree located west of the proposed lease site. The applicant shall provide a
certified statement on the height of this tree. A lightning rod approximately one
(1) inch in thickness may extend two (2) feet above the height of the tower;
2. The tower shall be designed, constructed and maintained as follows:
a. Th~ tower shall be wood;
Guy wires shall be not permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted and shall be natural wood color;
3. The tower shall be located on the site as follows:
ao
The tower shall be located on the site as shown on the attached plan entitled
"Survey of a Lease Parcel & Ingress Egress Easement for CFW Wireless on the
Land ofJ & F Ekman, Inc." dated February 25, 1999 and initialed "SET, 3/15/99;"
b. The lease area shall not be fenced;
4. Antennas may be attached to the tower only as follows:
ao
Antenna shall be limited to two (2) panel antenna not to exceed six
(6) feet in height, mounted flush against the wooden pole and not
to extend above the top of the pole;
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
The permittee shall allow other wireless telecommunications providers to
locate antennas on the tower and equipment on the site, subject to these
conditions:
Prior to approval of a final site plan for the site or the waiver of the
site plan requirement, the permittee shall execute a letter of intent
stating that it will make a good faith effort to allow such location
and will negotiate in good faith with such other provider requesting
to locate on the tower or the site;
o
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not
limited to, evidence that the permittee has offered to allow other
providers to locate on the tower and site in exchange for reciprocal
rights on a tower and site owned or controlled by another provider
within Albemarle County;
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 feature. For 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. Outdoor lighting shall only be on during periods of
maintenance;
o
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees.may be removed for such construction or installation. Except
for the tree removal expressly authorized by the Director of Planning, the permittee shall
not remove existing trees within two hundred (200) feet of the tower, the equipment
building, or the vehicular or utility access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
Access road improvements shall be limited to drainage improvements and
minimal grading necessary to improve the travel surface and the application of
gravel. Should installation of the tower require provision of greater access
improvements, these improvements shall be removed or reduced after installation
is completed;
10.
The regular service interval shall be as indicated by the applicant and described
herein, except as necessary for repair and restoration of service;
11.
The tower shall be disassembled and removed from the site within ninety (90)
days of the date its use for wireless communications purposes is discontinued;
12.
The permittee shall submit a report to the zoning administrator once per year, by
not later than July 1 of that year. The report shall identify each user of the tower
and shall identify each user that is a wireless telecommunications service
provider;
15.
No slopes associated with construction of the tower 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 Planning Commission only must take the following action in order to authorize a site plan
waiver:
A waiver of the drawing of a site plan has been granted in accord with the provisions of Section
32.2 subject to the following conditions:
Should the area of disturbance exceed 10,000 square feet (including the access
road), an erosion and sediment control plan shall be approved prior to the issuance
of a building permit;
2. Provision of one parking space;
3. Issuance of Certificate of Appropriateness prior to final zoning approval.
The applicant's proposal requires approval of a setback reduction for the lease area. Should the
Planning Commission recommend approval of the special use permit for the tower use, staff
l0
recommends that the relocation of the lease area on the parcel be explored, so that in the event of
tower failure, a setback as required by Section 4.10.3.1 can be maintained. This recommendation
is offered based on the proximity of private residences.
ATTACHMENTS:
A - Location Map
B - Survey of Property
C - Applicant's Justification
D - Tower and Antenna Design
E - Topographical Map
F - Letter from Nursery
C: IPLANNING[TO WERS[Red Hill,(Sarge's) SP rpt. doc
ATTACHMENTS:
A - Location Map
B - Survey of Property
C - Applicant's Justification
D - Tower and Antenna Design
E - Topographical Map
F - Letter from Nursery
C: ~PLANNING~TOWERSIRed Hill (Sarge's) SP rpt. doc
I
I
I
CASTLE
Mtn. F.T
BOAZ
MOUNTAINS
TO LOVINGSTON
/
ROCK
TO RT, 29
TOP
TOM
MOUNTAll~
8ungletown
$P-99-15 CVl13 Red Hill
./
E~f)ont
ALBEMARLE COUNTY
SP-99-15 CVll3 Red Hill
SECTION 87' A
lee Re
SAMUEL MILLER DISTRICT
CROSSROADS INSERT
SECTION
87-A& 8
qOTES:
I. OTHER EASEMENTS, IF ANY, NOT SHOWN.
NO TITLE REPORT FURNISHED.
2. THIS PARCEL IS NOT IN A
F.E.M.A. FLOOD HAZARD
ZONE "A" OR "B"
LEASE PARCEL DERIVED FROM A FIELD
SURVEY AND DEEDS AND PLATS OF
RECORD AS FOUND AMONG THE LAND
RECORDS OF ALBEMARLE COUNTY,
VIRGINIA IN:
DEED BOOK 866 AT PAGE 747
DEED BOOK 788 AT PAGE 281
IRON PIN SET
LINE I DIRECTION
L1 S 88'31'00" W
L2 S 78'00'00" W
L3 N 79'56'00" W
L4 S 10'04'00~' W
L5 S 60'20'11" E
L6 S 80'39'57" E
L7 N 86'57'32" E
L8 S 03°02'28" E
L9 S 86'57'32" W
LIO S 03'02'28" E
I DISTANCE
76,76'
48.71'
75.55'
12.50'
63.32'
21.14'
15,00'
15,00'
15.00'
15.00'
Patton Harris Rust&Associates.pc
Enflneers,Sur~eyors,PlonneFs,Landscape Architects
I18 N. Jim Street
B~ewater, V~stnim 22fl12
0ffloes:
Chantilly, Va.
Bridgewater,Va. Virginia Beach,Va.
Leesburg,Va. ~finchester,Va.
84'51'of"
12.25
FOUND ~ % ~ · ~-
ZO~ ~ 7.50
368.17'
IRO~ ~
S 86'56'58" W
SURVEY OF A
LEASE PARCEL
INGRESS EGRESS EASEMENT
FOR CFW WIRELESS
ON THE LAND OF
t
J &:: F EKMAN, INC.
SAMUEL MILLER DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: 1"= 40'
DATE: FEBRUARY 25, 1999
IF
PIN
FOUND
/
/
GEORGE &: JENNIFER MENTORE
TAX PARCEL ~87B 6
DEED BOOK 1331 PG. 330
PHR&A 10419,12
f:~ ~ [ATTACHMENT
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states' that, "The board of supe~isot,
hereby reserves unto itself the fight 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 changed thereby and that such use will be in harmony with the purpose and intent of this
ordinance, with the uses permitted by fight 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?
How will the proposed special use affect adjacent property ?
How will the proposed special use affect the character of the district surrounding the property?
- j , !
How is the use inharmony with the purpose and intent of the Zoning Ordinance?
/ / -- i
How is ~e use in h~ony ~ ~e uses pemitt~ by fight in ~e disffict?
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? ,-Ted'~'t~gta 5;./. /2
How will this use promote the public health, safety, and general welfare of the community? ~rOtlt't'~ o/Tlpl/IO£t'Pit/e.
meat4.s of Co~l.n/,x.~t'ca~+7'~ via wi~,(~.,~ ¢e~plto~e (x~acf ~.(50 ?r~Vide, s art e~e~genc~/
· Describe your request in' Ctetail and include all pertinent information such as the numbers of persons
' "]~ivolved in the use, operating hours,, and any unique features of the use:
ATTACHME~S REQUIRED - provide two(2) copies of each:
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.
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:
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify thatI 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 tree and accurate to the best of my
ate
Printed Name
Daytime phone number of Signatory
3
IATTACHHENT D I
PANEL
ANTENNAS
5/8' COAX TO BE USED
TO BE FURNISHED BY CF~
esboro'
LANDSCAPE & GAB~EN CF_aWTE~
P. O. Box 717 · 2032 West Main Street
I ATT~CHI~IENT F]
· Waynesboro, Va. 22980 · Phone: 540/942-4646 · 540/942-5194
April 8, 1999
Steve Yancey
CFW Wireless
PO Box !328
Waynesboro, VA 22980
Re: Site CV113-Red Hill
Dear Steve
The proposed pole at the above site should not be detrimental to the nearby Oak tree:
The tree is located 48' from the proposed pole location. The drip line is 30' out from the
trunk leaving clearance of 18' for future growth at its closest point. I would, however,
caution the installation contractor to not drive equipment within the drip line as this may
cause damage to the tree. If you should have any questions please do not hesitate to
contact me.
Sincerely jj
Lee Quillen
LQ:ph
RECEIVED
t taH , -..
Planning Dept.
AME~RICAN ASSOCIATION OF NATIONAL lANDSCAPE VIRGINIA NURSE~YME~N'S
NUR~SYMEN. INC. NURSEYMEN'$ ASSOCIATION ASSOCIATION. INC.
8( 4RD OF SUPERVISORS
May 7, 1999
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
Steve Hopkins
Great Eastern Management Co
P O Box 5526
Charlottesville, VA 22905
SP-99-07 Riverbend Limited Partnership
Tax Map 78, Pamel 17D
Dear Mr. Hopkins:
The Albemarle County Planning Commission, at its meeting on May 4, 1999, nnanimonsly recommended
approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject
to the following conditions:
1. There shall be no outside exercise area.
2. Use shall be limited to 384 and 388 Pantops Shopping Center.
3. No animals are to be confined outside.
4. No overnight boarding except for medical treatment.
5. Noise generated from the veterinary office shall not exceed 55 decibels in the adjoining commercial
space.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on June 9, 1999. 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.
ffyou should have any questions or comments regarding the above noted action, please do not hesitate to
contact me.
Sincerely,
Transportation Planner
JRW/jcf
Cc: Ella Carey
Jack Kelsey
Amelia McCulley
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
JUANDIEGO R. WADE
MAY 4, 1999
JUNE 9, 1999
SP 99-007 Riverbend Pantops Shopping Center
Applicant's Proposal:
The applicant is requesting permission to expand an existing veterinary center located in
Pantops Shopping Center to the adjacent space. (Attachment A) The adjacent space is
approximately 1,600 square feet. The ~existing veterinary center is approximately
1,600 square feet.
Petition:
Petition to expand an existing veterinary center located in Pantops Shopping Center to
the adjacent space. The property described as Tax Map 78 Parcel 17D, contains 12.072
acres, and is located in the Rivanna Magisterial District on Richmond Road (Attachment
B & C). The property is zoned Planned Development-Shopping Center. The
Comprehensive Plan designates this property as Community Service in Urban
Neighborhood Three (Pantops).
Character of Area:
The site is located in the Pantops Shopping Center surrounded by several other stores.
The area adjacent to the shopping center is commercial as well. There are no residences
in the immediate area.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions 6f 31.2.4.1 of the
Zoning Ordinance and recommends approval with conditions.
Planning and Zoning History:
The planning and history for this project will include the shopping center and out parcels.
Special Use Permits:
April 1990 the Board of Supervisors approved the veterinary to be located at it's present
location. The conditions to the present special use permit can be found on Attachment D.
Comprehensive Plan:
The property is zoned Planned Development -Shopping Center. The Comprehensive Plan
designates this property as Community Service in Urban Neighborhood Three (Pantops).
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 permits
permitted hereunder. Special use permits for uses as provided in the 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_.
It is staff's position that this expansion will not be of substantial detriment to the adjacent
property. The veterinary center has been located in the adjacent space since 1993. Staff does not
believe this proposal represents a change in circumstances from that accepted with the original
approval for this veterinary use. Please find the staff report for the original special Use permit
(Attachment E). Expansion will put a brick wall between the veterinary center and the next
business. This should help with any additional noise. Ovemight boarding is only allowed for
medical purposes. Facing the building, there is a service road to the left and a business, "A Cut
Above", to the right.
that the character of the district will not be changed thereby,
The character of the district should not be changed in any way. The veterinary has' been at this
location for nearly ten years.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent of the ordinance as stated in Section 1.4, 1.5, and 1.6.
Staff finds no conflict with these provisions of the ordinance.
with the uses permitted by right in the district,
Veterinary offices are permitted in this district with a special use permit and will not deny by
right uses in the area.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.1.11 of the Zoning Ordinance pertains to this use (Attachment F). The applicant has
already met these conditions.
and with the public health, safety, and general welfare,
This use will not negatively impact the health, safety, and general welfare of the community. Staff
opinion is that the building design is such that adequate visibility exists to prevent animal
conflicts. The additional space (1,600 square feet) should not generate a substantial amount of
additional traffic. VDOT's comments can be found on Attachment G.
SUMMARY:
Staff has reviewed this request for compliance with Section 1.2.4.1 of the Zoning Ordinance and
is of the opinion that this request is eonsistem with the purpose and intent of the Zoning
Ordinance and that the character of the district will not be changed.
RECOMMENDED ACTION:
Staff recommends approval of this request with the following conditions (from the 1990 special
use permit):
2.
3.
4.
5.
There shall be no outside exercise area;
Use shall be limited to 384 and 388 Pantops Shopping Center;
No animals are to be confined outside;
No overnight boarding except for medical treatment;
Noise generated from the veterinary office shall not exceed 55 decibels in the adjoining
commercial space.
Attachment:
A. Applicant's Application
B. Tax Map Location
C. Location Map
D. Conditions from original special use permit
E. Original staff report
F. Section 5.1.11 of the Zoning Ordinance
G. VDOT comments
A: Riverbend staff repor~ May 4, 1999.doe
County of Albemarle
Department of Building Code and
ATTACHMENT,
sw ./'r-' ?/~ TMV__ - -
Application for Special Use Permit
Project Name {how should we refer m ~his application?)
*Existing Use
*Zoning District
.,~ - $ C. *Zoning Ordinance Section number requested ..
(*staff will assist you with these items)
Number of acres to be covered by Special Use Permit ~ta ~raoa a mt~ ~e aelia~a~ on eno
Is this an amendment to an 'existing Special Use Permit? '-'- )/~'...~'
Are you submitting a site development plan with this application?
D Y%No
tContact Person (Whom should we call/wrile conqerning this~roject?):
Address _~ , o .~ ~ ~ ~ . ' City
DaytimePhone(~) ~6~/~1 ~ Fax~ ~71(~ E-mail~e3~ ~'~
Owner of land ~^s listed in the County's records):
Address
Daytime Phone ((~_ ) af'k-q/q !
C i t y _~./.~ .~.~f,_??/~ State
Fax # .~'7/~Lf'q,~a E-mail
Apphcant(who,sthe~omactperso, representmg: ' ' ~ Whotsreque, stmgthespecialuse?):' . ~/~/~,c ~
g~~~,~~ 6. .. .., ' ,,
Address /~-~~ ~a~ City~/~~av~/~ State
Daytime Phone ~0~ ) )~6' Y/q/ ~~ax $ ~Og- ~q/'~ E,maii.
· Zip
Tax map and parcel
Location of property (landmarks, interseciions, or other)
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 /e~L9
OFFICEUSEFee amount $ONLY ~ 6,01~),<,Date Paid
History: ~pecial Use Permits: ~¢-~S&06.O; .... ~MAs and Proffers: I
~ ~ ~ Letter of Authorization
Concu~ent review
401 McIntire Road .:- Charlottesville, VA 22902 o:- Voice: 296-5832 -~o 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 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 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 i'nformation 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? _t~.9.,~_ _~ ~',~5
How will the proposed special use affect adjacent property? ,A/~ .O _~'~
How will the proposed special use affect the character of the district surrounding the property?
How is the use in harmony with the purpose and intent ofthe Zoning Ordinance?
How is the use in harmony with the uses permitted by right in the district?
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
3',./~ / { d~ ,v 'z/b, ~r 7¥'4? I~' r~
How will this use promote the public health, safety, and general welfare of the community?
2
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:
ATTACHMENTS REQUIRED - provide two(2) copies of each:
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.
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:
Drawings or conceptual plans, if any.
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
/<-. /
: //'/~' Date
Signature
Printed Name
Daytime phone number of Signatory
3
ATTACHMENT C
Free Bridge Office Building /
Esmom
Por~er
Carters lV~n.
Monticello
,/
,/
TO PALMYRA
LBEMARLE
Gl
COUNTY
ATTACHMENT B
LOTTESV LLE
ZOF
2r
RIVANNA AND
;COTTSVILLE DISTRICTS
3..
389
MONTICELLO
, SGOTTSVlLLE
't" RIVANNA' 'DIS7
ATTACHMENT D
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5823
April 24, 1990
Riverbend Limited Partnership
P. O. Box 5526
Charlotttesville, VA 22906
RE: SP-90-09 Riverbend Limited Partnership
Dear Sir:
The Albemarle County Board of Supervisors, at its meeting on April 18,
1990, unanimously approved the above noted proposal to locate a
veterinary clinic in the Pantops Shopping Center. Property is described
as Tax Map 78, Parcel 17D, zoned PD-SC, Planned Development-Shopping
Center. Please note that this approval is subject to the following
conditions:
There shall be no outside exercise area;
Use shall be limited to 388 Pantops Center;
Noise measured at the nearest agricultural or residential lot line
shall not exceed 40 decibels;
No animals are to be confined outside;
No overnight boarding except for medical treatment;
No'ise generated from the veterinary office shall not exceed 55
decibels in the adjoining commercial space.
If you should have any questions or comments regarding the above noted
action, please do not hesitate to contact me.
Sincerely,
i:r~cal~community Development
VWC/jcw
cc: Kathy Dodson Richard Moring Don Wagner
ATTACHMENT E
STAFF REPO~:
SP-90-08 RIVERBEND LIMITED PARTNERSHIP
STAFF PERSON:
PLANNING COMMISSION:
BCARD OF SUPERVISORS:
WILLIAM D. FRITZ
MARCH 6, 1990
MARCH 21, 1990
Proposal: The applicant is proposing to locate a veterinary
-clinic in the Pantops Shopping Center [25.2..2(5)]. The
property is described as Tax Map 78., Parcel 17D and is zoned
PD-SC, Planned Development-Shopping Center in the Rivanna
Magisterial District.
Staff has reviewed this request for compliance with Section
31.2.4.1 of the Zoning Ordinance and is of the opinion that
this request is consistent with the purpose and intent of
the Zoning Ordinance and that the character of the district
will not be changed.
STAFF COMMENT:
Section 5.1.11 of the Zoning crdinance provides for certain
measures to protect the public health and welfare. These
specific conditions are:
Separate building entrance and exit to avoid animal
conflicts.
Area for outside exercise to be exclusive from access
by the public by fencing or other means.
The applicant has submitted information concerning the above
regulations (Attachment A). The applicant is not proposing
an outside exercise area at this time. Staff would require
additional information in order to determine the
suitability of the exercise area mentioned in the
applicant's letter. Staff recommends that any outside
exercise area be reviewed as an amendment of this special
use permit.
The applicant has addressed the issue of separate entrance
and exits. Staff opinion is that the building design is
such that adequate visibility exists to prevent animal
conflicts. Therefore staff does not recommend a condition
requiring a separate entrance and exit.
Staff has reviewed' this proposal for compliance with section
31.2.4.1 of the Zoning Ordinance and is of the opinion that
this requ, est is consistent with the purpose and intent of
the Zoning Ordinance and that the character of the district
will not be changed. Therefore, staff recommends approval
of SP-90-08 Riverbend Limited Partnership subject to the
following conditions:
Recommended Conditions of Approval:
There shall be no outside exercise area without
amendment of this Special use permit.
2. Use shall be limited to 388 Pantops Center.
Noise measured at the nearest agricultural or.
residential lot line shall not exceed forty (40)
decibels.
4. No animals are to be confined outside.
ATTACHMENT
5.1.1 ! COMMERCIAL KENNEL~ VETERINARY. ANIMAL HOSPITAL
Except where animals are confined in soundproofed, air-conditioned buildings, no structure or
area occupied by animals shall be closer than five hundred (500) feet to any. agricultural or
residential lot line. For non,soundproofed animal confinements, an external solid fence not
less than six (6) feet in height shall be located within ~' (50) feet of.the animal ,6onfinement
and shall be composed of concrete block, brick, or other material approved bv the zoning
administrator: (Amended I. l-
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, noisc
measured at the nearest agricultural or residential property line shall not exceed fora' t40)
decibels: (Amended I1-15-89)
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 tbrt.x
(40) decibels: (Amended I 1-15-89)
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 r'-t:ec' r~'e
public health and welfare. To these ends the commission and board may require among other
things: (Amended 11-15-89)
-Separate building entrance and ex it to avoid animal conflicts:
(Added 11-15-89)
-Area for outside exercise to be exclusive from access b~ the public by fencing or other
means. (Added 11-15-89)
DAVID R; GEHR
COMMISSIONER
COMMONWEALTH o[ VIRGINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE, 22911
March 25, 1999
Public Hearing Submittals
April 1999
ATTACHMENT G
A. G. TUCKER
RESIDENT ENGINEER
Mr. Ron Keeler
Department of Planning &
Community Development
401 Mclntire Road
Charlottesville, VA 22902
Dear Mr. Keeler:
Please find our comments listed below for April public hearings.
SP98-09 Arrowhs~d CVI ~. - Route 745
These tyoes of facilities should not be a very big traffic generator; however, we recommend that they
meet private street entrance standards per Minimum Standards of Entrances to State Highways (9/3/98).
Standard attached.
SP98-70 Star Base All'ha Dance Hall, Route 1452
See attached comments dated January 14, 1999.
SP 99-06 NorthwaylAvis- Truck Rentals, Route 1452
SP 99-08 Northway/Avis - Outdoor Displav
This site presentl'y has two entrances onto Route 29 and one onto Route 1452. The southern most
entrance on Route 29 will be required to be closed and complete curb and gutter along with sidewalk across
existing entrance.
SP 99-07 Riverbend Limited Partnership, Route 250
This ~rcet does not mejorly impact roads in the area, but it is one of the creeping increases that impact,
intersections and traffic signals in subtle ways. Although this particular site should not be responsible,
however, we do recommend that the Pantops Shop0ing Center participate in the signalization at South
Pantops Drive/Pantops/Shopping Center intersection.
SP 99-09 CFW CV 203 Lickincjhole Repeater, Route 250
See SP98-09 for comments
TRANSPORTATION FOR THE 21ST CENTURY
BOARD OF SUPERVISORS
May 7, 1999
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
Katurah Roell
P O Box 8147
Charlottesville, VA 22906
SP-99-17 Free Bridge Office Building
Tax Map 78, Parcels 2& 2B and 2C
Dear Mr. Roell:
The Albemarle County Planning Commission, at its meeting on May 4, 1999, unanimously
recommended approval of the above-noted petition to the Board of Supervisors.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on June 9, 1999. 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,
Susan E. Thomas
Senior Planner
SET/jcl
Cc:
Ella Carey
Jack Kelsey
Amelia McCulley
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Susan E. Thomas
May 4, 1999
June 9, 1999
SP 99-17 Free Bridge Office Building Floodplain Crossing
Applicant's Proposal:
A special use permit is requested in association with a preliminary site plan application, to improve an
existing access to a proposed office building on property located at the northeast comer of Route 250
East (Richmond Rd.) and Route 1421 (Free Bridge Lane). Because the existing access lies within the
floodplain of the Rivanna River, a special use permit is required. The property presently consists of
three parcels. The front parcel has an existing brick structure; a house located on an adjacent parcel to
the north will be moved and attached to this brick structure, for future use as an office. SDP 99-023 has
been submitted concurrently with this special use permit request, and may be approved administratively.
A Certificate of Appropriateness will be required from the Architectural Review Board, due to the
location of the property in the Entrance Corridor (EC) district.
A location map is included as Attachment A. Attachment B is the applicant's justification.
Petition:
Request for a special use permit to improve an existing access to serve a proposed office building, in
accordance with Section 30.3.05.2.2 of the Zoning Ordinance, which allows for landfill within the
floodway fringe. The property, described as Tax Map 78 Parcel 2A, 2B, 2C is located in the Rivanna
Magisterial District on the NE comer of Route 250 (Richmond Rd.) and Route 1421 (Free Bridge Lane).
The Comprehensive Plan designates this property as Regional Service in Urban Neighborhood 3.
Character of the Area:
The office building site is composed of three existing parcels, to be recombined into two (new) parcels
under the applicant's site plan. The two parcels fronting on Route 250 East have been used by a
landscaping business. The back parcel has been in residential use, which would discontinue under this
plan.
The Route 250 East corridor is .commercially developed, with infill development.or redevelopment
occurring on several previously vacant sites. To the north are a few remaining residential properties
along the old Route 20 North (Free Bridge Lane), and beyond them, Darden Towe Park. To the west is
the Rivanna River.
D:\RPTZMASP.FRM
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of sections 31.2.4. ! (criteria for
approval of special use permits) and 30.3.6 (criteria for issuance of a landfill permit for floodplain
alteration) of the Zoning Ordinance and recommends approval of SP 99-17.
Piannin- and Zoning History:
ZMA - 170, approved July 15, 1971, rezoned this parcel from A-l, Agricultural, to B-l, Business.
Comprehensive Plan:
The proposed office building lies within an area designated Regional Service in the Land Use Plan. This
Regional Service designation extends from the Rivanna River (located immediately west of this parcel
and serving as the boundary with the City of Charlottesville) along the north side of Route 250 East to
Route 20 North (Stony Point Road), and from there the designation continues on both sides of Route 250
East to Peter Jefferson Place. To the south across Route 250 East lies the Pantops shopping center,
designated Community Service.
STAFF COMMENT:
Once the special use permit has been approved, the site plan may be approved administratively.
Staff will address each provision of Section 31.2.4.1 &the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue ali 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,
Staff has visited the area and is of the opinion that there will be no negative impacts on surrounding uses.
Because the site is already in commercial use and the entrance is existing, improvement of the access
will improve the circulation on site and thus enhance the area.
that the character of the district will not be changed thereby,
The commercial use is existing and may in fact diminish in level of activity With the office use, and thus
no negative impact to the character of the district is anticipated.
D:\RPTZMASP.FRM
and that such use will be in harmony with the purpose and intent of this ordinance~
Staffhas reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6. Staff
finds no conflict with these provisions of the ordinance. Staff notes that this request to grade within the
floodplain to improve the existing access forwards the intent of the ordinance as stated in the following
sections:
1.4.1 To provide for adequate light, air, convenience of access and safety from fire, flood and
other dangers;
1.4.2 To reduce or prevent congestion in the public streets;
1.4.3 To facilitate the creation of a convenient, attractive and harmonious
community;
1.4.7 To encourage economic development activities that provide desirable
employment and enlarge the tax base.
Relative to the flood plain, the intent and purpose of the ordinance as stated in Section 30.3.1 are to
restrict the unwise use, development and occupancy of lands subject to inundation which may result in:
danger to life and property; public costs for flood control measures and/or rescue and relief efforts; soil
erosion, sedimentation and siltation; pollution of water resources; and general degradation of the natural
and man-made environment. The grading activity required to improve the existing entrance will be
limited to that purpose only, and no adverse impacts are anticipated.
with the uses permitted by right in the district~
The grading activity within the floOdplain will not restrict permitted commercial or residential uses on
property lying adjacent to the site.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.0, Supplementary Regulations, of the ordinance does not address the floodplain activity.
and with the public health, safety, and general welfare
No adverse impact on the public health, safety and general welfare of the County has been identified as a
result of the activity within the floodplain.
Correspondence from Engineering is included as Attachment C.
SUMMARY:
The proposed grading within the floodplain contributes to use of this site for an office building, which if
approved would combine two existing structures. The brick structure in particular is a well known
3
element of the built environment of the Pantops area and Route 250 East corridor, and preserving it as
part of the new office building is desirable in staffs opinion. Improvement of the existing access
contributes to the functionality of the site plan and generates no negative impacts. Staff recommends
approval of the special use permit to allow grading within the floodplain.
RECOMMENDED ACTION:
Staff recommends approval of SP 99-17.
ATTACHMENTS:
A - Location Map
B - Applicant's Justification
C - Engineering Memorandum
ALBEMARLE COUNTY
SDP 99-023 Fre['Bridqe Office Buildin.q
STG
S-to
IATTACHMENT A ]
MONTICELLO
9Z
~ SOOTTSVlLLE AND
RIVANNA' -DISTRICTS
SECTION
I
!
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. Spec/al use
permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisor
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 :his
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.
How is the use in harmony with the uses permitted by right in the district?
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.
ff you need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? ~ ~) ~ 1/~C.-
How will the proposed special use affect adjacent property? __'7~I ~)~ } { O~r"~'~jM. - ~ ~J~ ~ ~ ~C C~_~
How will the proposed special use affect the character of the district surrounding the property?
How is the use in harmony with the purpose and intent of the Zoning Ordinance? '-~
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use'?.
How will this use promote the public health, safety, and general welfare of the community?
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: "~x~,v"~_ (% ~ ~'1
ATTACHMENTS REQUIRED - provide two(2) copies of each:
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.
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 ~he 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:
~/ 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.
Signature
Printed Name
Date
Daytime phone number of Signatory
Susan Thomas
IATTACHMENT C I
/"~ From:
Sent:
To:
Subject:
Glenn Brooks
Friday, April 23, 1999 2:50 PM
Susan Thomas
Free Bridge Office, floodplain
The changes to the entrance and ditch along the frontage of Free Bridge Office will have a negligible affect on the
floodplain of the Rivanna River. The Engineering Department supports the special use permit.
From:
Subject:
Date:
Members, Board o~ $ufaervisors
Ella Washington Carey, CMC, Cle~~.2
Reading List for June 9, 1999
June 4, 1999
March 17, 1999
April 7, 1999
April 14, 1999
April 2 I, 1999
Mr. Marshall
Mr. Martin
Ms. Humphris
Ms. Thomas
/ewc
JUNE 9, 1999
EXECUTIVE SESSION MOTION
I Move THAT THE BOARD go iNtO EXECUTIVE SESSION
PURSUANT TO SECTION 2. I -344(A) Of THE CODE Of VIRGINIA
· UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL
AND STAFF REGARDING SPECIFIC LEGAL MA~FERS RELATING
TO AN INTERdURISDICTIONAL AGREEMENT AND REGARDING
PROBABLE LITIGATION RELATING TO A ZONING DECISION.