HomeMy WebLinkAbout1999-08-18 ACTIONS
Board of Supervisors Meeting of August 18, 1999
August 20, 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 except
Bowermsn.
4. Others Matters Not Listed on the Agenda from fie Public.
· Mr. Carey R. Branch, Jr. suggested the Board consider,
along with the City, naming Meadow Creek Parkway, once it
is built, for Mr. Lawrence A. Brunton, in honor of his
contributions to the community
· Mr. Bob Stroh distributed 'First Night Virginia" tee-shirts to
the Board and said his organization is well underway
planning New Years Eve festivities.
5.1 Appropriation: Education, $1,995.19 (Form #99010).
ADOPTED.
5.2 Statement to Governor's Commission on Transportation Policy.
APPROVED.
6. SP-99-33. N.G.I.C. Access Road (Sign #38). APPROVED w/7
conditions.
7. SP-99-36. Foxfield-CV202 (Sign #95). DEFERRED until
reviewed by Agricultural/Forestral Advisory Committee.
8. SP-99-37. East Glenmore-CV226 (Signs #71 &72). APPROVED Clerk:
w/10 conditions.
9. SP-99-38. Covesville-CV141 (Sign #59). APPROVED w/16 Clerk:
conditions.
10. SP-99-39. Bellair-CV142 (Signs #,57&58). APPROVED w/15 Clerk:
conditions.
11. SP-99-40, Crossroads--CFW CV143 (Sign #55). APPROVED Clerk:
w/18 conditions.
12. SP-99-41. Cook Mountain-CV144 (Sign #,54). APPROVED Clerk:
w/17 conditions.
13. SP-99-45. Britts Mountain-CV147 (Signs #41 &44). Clerk:
APPROVED w/17 conditions.
14. ZMA-99-05. Mill Creek Industrial (Signs #81 &88). None.
APPROVED.
15. ZMA-99-06. Mill Creek Industrial (Signs #84&85). None.
APPROVED.
17. Other Matters not Listed on the Agenda from the Board:
· Ms. Humphds showed the Board a chart she made which None.
showed County water consumption and supply, the effects of
conservation measures on consumption, etc.
· Ms. Humphris said she made a statement concerning land use None.
controls to Congressman Bliley at his town meeting. She
added that she is writing him concerning telecommunicati0ns
towers.
· Mr. Perkins asked if RWSA monitors stream flows into the
reservoir.
· Ms. Thomas said she attended a recent LGOC meeting to
leamed about new regulations on local landfills. She said
VACO is also concerned about the impact on landfills.
· Ms. Humphris said she saw in the Daily Progress that a hunter None.
Clerk: Acknowledge his comments.
Clerk: Acknowledge his comments.
Clerk: Include in appropriations letter to
Melvin Breeden and copy appropriate persons.
None.
Clerk: Attach conditions (see attachment A).
Plannine staff: Refer to Agricuitural/Forestral
Advisory Committee.
__ Attach conditions (see attachment A).
__ Attach conditions (see attachment A).
__ Attach conditions (see attachment A).
__ Attach conditions (see attachment A).
__ Attach conditions (see attachment A).
__ Attach conditions (see attachment A).
County Executive: Speak with RWSA.
None.
was convicted of killing a wild turkey in closed season, and
that the fine was very high.
18. Adjourn at 8:45 p.m.
None.
Attachment A
CONDITIONS
SP-99-33. N.G.I.C. Access Road (SiQn #38).
s
s
Engineering Department and VDOT approval of final grading plans and culvert and mad
plans and computations. (This will include testing and verification of the structural
adequacy of the existing culvert.);
Engineering Department receipt of copies of required permits from state and federal
agencies for activities in the stream and floodplain;
Floodplain computations and plans demonstrating no increase in the 100 year flood
levels as required by Section 30.3 of the Zoning Ordinance;
Engineering Department approval of mitigation plans for disturbance of the stream buffer;
Engineering Department approval of an Erosion and Sediment Control Plan;
Water quality measures and mitigation methods shall be provided subject to the approval
of the Water Resources Manager; and
Vegetative mitigation methods shall be provided subject to approval by the Architectural
Review Board.
SP-99-37. East Glenmore-CV226 (SiQns #71 &72).
e
The height of the tower shall not exceed seven (7) feet above the elevation of the tallest
tree within twenty-five (25) feet of the tower. The 'applicantshall provide a certified
statement on the height of the tallest tree. Antenna may extend an additional three (3)
feet above the height of the tower;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of wood;
b. Guy wires shall not be 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 as shown on the attached plan entitled "CFW
Wireless Survey of a lease parcel and Ingress/Egress Easement" initialed WDF
6/30/99;
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to three (3) flush mounted panel antenna;
b. Satellite and microwave dish antennas prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications previders, as follows:
a. The permittee shall allow other wireless telecommunications providers to locate
or utilize 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; 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 previders 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.
9.
10.
(the use of this facility be additional telecommunication providers will require
amendment of this special user permit. The presence of this condition in no way
implies approval of additional uses for this facility or property.)
Each outdoor luminair 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 part of the
luminaire. 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 be limited to periods of maintenance only;
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, or the equipment
building;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing o the
lease area shall not be required;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued; and
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 telecemmunications service provider.
SP-99-38. Covesville-CV141 (SiQn #59).
The height of the tower and panel antenna atop the towershall not exceed seven (7)
feet above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree. Antonna
may oxtond an additional threc (3) foot abovc thc hoight of thc towor;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood. Guy wires shall not be permitted;
b. The tower shall have no lighting;
c. The tower shall not be painted:
The tower shall be located on the site as shown on the attached plan entitled "Tower Site
for CFW Wireless CV-110" and initialed "WDF 1129198";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) flush mountod panel antenna mounted as
shown on the attached photo (on file in the Clerk's office);
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:
a. The permittee shall allow other wireless telecommunications previders 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 requirements, 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 proriders to locate
on the tower and site in exchange for reciprocal rights on a tower and
site owned or controlled by another provider within Albemarte County.
10.
11.
12.
13.
14.
15.
16.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. 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. Lighting limited to periods of maintenance only;
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 County staff shall
identify which trees may be removed for such construction or installation. Except for the
tree removal expressly authorized by County staff, 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;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
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;
Minimum allowable radius for horizontal curvature of the access road shall be forty (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 seventy-five (75) feet in cross section;
No fencing shall be erected; and
Any equipment located on the ground shall be painted dark green or brown.
SP-99-39. Bellair-CV142 (Skins #57&58).
The height of the tower and panel antenna atop the towershall not exceed seven (7)
feet above the elevation of the tallest tree within twenty-five (25) feet of the tower.
The applicant shall provide a certified statement on the height of the tallest tree;
Antonna may oxtond an additional threc (3) foot abovc thc hoight of thc
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood. Guy wires shall not be permitted;
b. The tower shall have no lighting;
c. The tower shall not be painted:
The tower shall be located on the site as shown on the attached plan entitled "Tower Site
for CFW Wireless CV-142" and initialed "SET 1/15/98";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) flush mounted panel antenna mounted as
shown on the attached photo (on file in the Clerk's office);
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 telecemmunications proriders, as follows:
a. The permittee shall allow 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 requirements, 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.
10.
11.
12.
13.
14.
15.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other proriders 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 luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. 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. Lighting limited to periods of maintenance only;
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
County staff to remove existing trees on the site. The County staff shall identify which
trees may be removed for such construction or installation. Except for the tree removal
expressly authorized by County staff, the permittee shall not remove existing trees;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance;
The access road extension shall be of minimum construction and dimension to
accommodate service vehicles. Should installation of the tower require provision of
greater access improvements, these improvements shall be removed or reduced after
installation is completed;
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 telecemmunications purposes is discontinued;
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;
At least twelve (12) bayberries or native hollies shall be planted around the facility;
No fencing shall be erected; and
Any equipment located on the ground shall be painted dark green or brown.
SP-99-40. Crossroads--CFW CV143 (Skin #551.
The height of the tower and panel antenna atop the towershall not exceed seven (7)
feet above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree. Antonna
may oxtond an additional throc (3) foot abovc thc hoight of thc towor;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted:
The tower shall be located on the site as shown on the attached survey entitled "Tower
Site for CFW Wireless CV-143", dated Revised June 30, 1998;
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) flush mountod panel antenna mounted as
shown on the attached photo (on file in the Clerk's office);
a. 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 providbrs, as follows:
a. The permittee shall allow 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
requirements, 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 )rovider requesting to locate on the tower or the site; and
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
(2) The permittee shall provide to the County, upon request, verifiable evidence that
it has made a good faith effod to allow such location. Verifiable evidence of a
good faith effod 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 Albemade County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. 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. Lighting limited to periods of maintenance only;
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 require;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
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;
Minimum allowable radius for horizontal curvature of the access road shall be forty (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 seventy-five (75) feet in cross section;
All other equipment shall be painted brown;
All lighting shall be shielded from Route 29;
Electric power lines shall be buried; and
Prior to any construction the site shall be field verified by the Planning Director to assure
it is in the location identif',,~d by the agreement of the property owner, applicant and
County staff.
SP-99-41. Cook Mountain-CV144 (Sicin #54~.
The height of the tower and panel antenna atop be towershall not exceed seven (7)
feet above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a cedified statement on the height of the tallest tree. Antenna
may extend an additional threc (3) feet abovc the height of thc tower;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted:
The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan entitled "Tower Site for
CFW Wireless CV-144" and initialed "VVDF 4/6/98";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) flush mounted panel antenna mounted as
shown on the attached photo (on file in the Clerk's office);
9.
10.
11.
12.
13.
14.
15.
16.
17.
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:
a. The permittee shall allow wireless telecommunications proriders 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 requirements, the permittee shall execute a letter of intent stating
that it will make a good faith effod to allow such location and will
negotiate in good faith with such other prorider 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 rights on a tower and
site owned or controlled by another provider within Albemarle County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. 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. Lighting limited to periods of maintenance only;
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 require;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunicatiens purposes is discontinued;
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;
Minimum allowable radius for horizontal curvature of the access road shall be forty (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 seventy-five (75) feet in cross section;
All other equipment shall be painted brown;
All lighting shall be shielded from Route 29; and
Electric power lines shall be buried.
SP-99-45. Britts Mountain-CV147 (Sicins #41 &44~.
The height of the tower and panel antenna atop the towershall not exceed seven (7)
feet above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree. Antonna
may oxtond an additional throe (3) feot abovc the hoight of thc towor;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood. Guy wires shall be not permitted;
b. The tower shall have no lighting;
c. The tower shall not be painted;
10.
11.
12.
13.
14.
15.
16.
17.
The tower shall be located on the site as shown on the attached plan entitled "Tower Site
for CFW Wireless CV-120" and initialed "WDF 1/29/98";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) flush mounted panel antenna mounted as
shown on ~e attached photo (on file in ~e Clerk's office);
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 previders, as follows:
a. The permittee shall allow 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 requirements, 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 prorider 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 rights on a tower and
site owned or controlled by another provider within Albemade County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. 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. Lighting limited to periods of maintenance only;
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
County staff to remove existing trees on the site. The County staff shall identify which
trees may be removed for such construction or installation. Except for the tree removal
expressly authorized by County staf, 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;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
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;
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet;
No slope 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 seventy-five (75) feet in cross section;
No fencing shall be erected;
Any equipment on the ground shall be painted dark green or brown; and
All lighting shall be shielded from Route 29.
Charlotte Y. Humphris
Forrest FL Marshall, Jr.
COUNTY OF AIJBEMARI F,
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, V'h-ginia 229024596
(804) 296-5843 FAX (804) 296-5800
August 23, 1999
Charles S. Martin
W~lter H Perkins
Sally H. Thomas
Mr. Cary R. Branch, Jr.
1001 E. Market St., Suite 101
Charlottesville, VA 22902
Dear Mr. Branch:
Thank you for your recent comments to the Board of Supervisors on August 18, 1999, concerning
Mr. Lawrence A. Brunton's contributions to the community. The Board appreciates you taking the time to
appear and make your views known.
Again, thank you for your comments.
Sincerely,
Charles S. Martin
Chairman
CSM/Ibh
Printed on recycled paper
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Resume of Lawrence A. Brunton
Borfi November 6, 1910 in Jackson, Mississippi.
Moved to Charlottesville in 1920 approximately.
Lived initially on Rio Road then moved to Lexington Avenue in the city.
Graduate Lane High School 1930.
Joined 1~ Presbyterian Church in 1928. Served approximately 50 years as elder in
church 6-8 different times.
Employed as buyer with Charlottesville Lumber. Later with Earl Vaughan Plumbing
& Coal Co. approximately 1935.
Has been Chief Usher at all UVA athletic events since 1939.
Married Laura Short approximately 1941. They have two children living in
California.
Entered military service 1943. Member Combat Engineers. Won Bronze Star for
Valor. Returned to Charlottesville in 1946. Resumed employment with Earl
Vaughan Co.
Started Brunton & Hicks Plumbing in 1962 where he was employed until 1975
retirement.
Served on City Council 1975-1979 (verify dates?). He was instrumental in helping
Charlottesville receive the All American City Award in 1976- the only time '
Charlottesville has gained this award. Served as Mayor 1978-1979 (verify dates?).
A very calm voice in the area of school closings in 1958. Also during the time of
some civil disobedience in 1960's Lawrence's wise council calmed the waters.
Helped form Meadows Presbyterian Church in 1962 (see attachment). Much time
and effort was saved by Lawrence's efforts.
Member of Boy Scouts for 60 years achieving every honor Scouting can bestow.
Member of Mason's Widows Lodge #60.
Was very active in local Rotary Club for years.
Resides today at Westminster Canterbury Nursing Home with wife.
Counselors to America's Small Business
Cary R. Branch, Jr.
1001 E. Market St., Suite 101
#494 Central Virginia · Charlottesville, VA 22902
804/295-6712 * Fax 804/295-7066
Web si[e: http://www. pVcc.cc.va.us/score/score.html
SERVICE OF ORGANI~ON
MEADOWS PRESBTI~RIA~ CRURCE
November 4, 1962
'Presiding: The Reverend Alfred G. Taylor
Lde ........... Dr. Lorin Thompson, Organist
logy, Invocation, the Lord's Prayer
.... "Joyful, Joyful, We Adore Thee" .... 5
lng of the Holy Scriptures . Mr. Richard A. Farrier
ing Prayer ........ The Reverend Peter D. Braun
~,on ........ The Reverend Robert S. Crutchfield
:entation and Reception of Charter Members
Our Covenant with Christ and His Church
!~tieving Jesus Christ to be the Son of God, we accept
as our personal Savior and acknowledge Him as our.
::er and Lord.
!: confess our sins, repent of them~ and put our trust
::he love and mercy of God, revealed in the life,death
resurrection of Jesus Christ.
:usting in the Holy Spirit for Guidance,we shall seek
..cad consistent Christian lives~ honorimg Christ in
our relationships.
!~ promise to be faithful members of this church, sup-
::ing it through prayer,Bible study,regular attendance
~L worship,unselfish Christian service,and stewardship
:)ur lives and possessioms. AMEN.
Congregational Meeting
Prayer for Divine Guidance ...... Mr. Gus Heilman
Formal Election of a Pastoral Nominating Committee
Adoption of a Name for the New Church
Election of a Pastor -
Adoption of Plan for number and Service of Church
0fficars
Election of Church Officers
Installation of the Pastor (if the way be clear)
Char~ tD ~e Pas~or~ . ~_ The~ev~v~nJ Georza Ta!fp,rd
~arge t~=~e ~ngregatzon~ . ~, ~ence A. B~n
0rd~ation and Installation of Elders ~d Deacons...
~e Reverend J~es E. L~dsey
Dedication of Pledges ....... The New Congregation
-~tymm .... "The Church's One Foundation" ..... 333
*Benediction
Postlude
Reception ............ In.the Fellowship Hall
*Congregation Standing
Lexington Presbytery's Commission for the 0rganization
The Reverend Alfred G. Taylor, Chairman
~~.,.~ der La~ence .A. Bru~nton
~e R~ve~end~R~e~ S.~~~~-
Ruling Elder ~ch~d A. Farrier
Ruling Elder Gus Heilman
~e Reverend J~es E. Li~dsey
~e Reverend George Telford
of Organization
David R Bowerman
Ch~o~s Y. Humphris
Forrest R. Marshall, Jr.
COUNTY OF ~I REMa~I F
Office of Board of Supervisors
401 Mclntire Road
Chadottesville, V'~ginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
August 23, 1999
Charles S. Martin
Walter E Perkins
Sally H. Thomas
Mr. Bob Stroh
First Night Virginia
P.O. Box 2284
Charlottesville, VA 22902
Dear Mr. Stroh:
Thank you for your recent comments to the Board of Supervisors on August 18, 1999, concerning
First Night Virginia. The Board also appreciates the tee-shirts you provided them.
CSM/Ibh
Again, thank you for your comments.
Sincerely,
Charles S. Martin
Chairman
Printed on recycled paper
INTER
OFFICE
MEMO
TO:
From:
Subject:
Date:
Melvin A. Breeden, Director of Finance
Laurel B. Hall, Senior Deputy Clerk 9~Z~9
Appropdations Approved on August 4, 1
August 23, 1999
Attached is the odginal appropriation forms for the following item which was approved by the Board
at its meeting on August 18, 1999:
1) Appropriation: Education, $1,995.19 (Form t~39010).
Attachment
Cc:
Roxanne White
Robert Waiters
Kevin Castner
Jackson Zimmerman
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Education
AGENDA DATE:
August 18, 1999
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation #99010 in the
amount of $1,995.19 to receive donations made to
Western Albemarle High School, and Yancey and
Murray Elementary Schools.
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Castner, Breeden, Ms. White
REVIEWED BY.'r~
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
At its meeting on July 12, 1999, the School Board approved the following appropriations:
Appropriation of $200.00 for Western Albemade High School. Western Albemarle High School received
a donation in the amount of $200.00 from Linda Girvin. This donation is to be used to offset the cost of
new band uniforms.
Appropriation of $1,000.00 for Yancey Elementary School. Yancey Elementary School received a donation
in the amount of $1,000.00 from the B.F. Yancey PTA. This donation is to be used to pay the salary of a
school nurse for the 1999 Summer School Program.
Appropriation of $795.19 for Murray Elementary School. Murray Elementary School received donations
in the amount of $795.19. Foundation Advisers donated $500.00, Brian & Jean Wheeler donated $250.00,
and Kathy & Stephen Thornton donated $45.19. These donations will be used for miscellaneous supplies,
instructional supplies and data processing supplies.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the appropriations, totaling $1,995.19, as detailed on
Appropriation #99010.
BOARD OF SUPERVISORS
99.143
To the Governor's Commission on Transportation Policy
Understanding that the Commission has been charged with thinking innovatively, Albemarle County would
like to make a suggestion for innovation.
First, a short backsground. When the General Assembly placed a long-standing moratorium on annexation,
it changed the way that Virginia's urban areas develop. The theory of urban development in Virginia had
been that urban areas would be within the boundaries of cities, and cities were given a method of road-
planning and road-building to deal with urban issues. VVithout annexation (which we are NOT endorsing!)
counties are now having to deal with urban road-planning and road-building issues which they are not
empowered to handle.
In Albemarle we have several roads in our plans that may never get built because they are outside the
usual concept of pdmary roads and they are larger than envisioned by secondary road budgets. These
roads are crucial for the creation of a network of streets so that we are not left with only a few artedal roads,
which then become over-utilized and quickly become clogged. They are also necessary if we are to create
a useable network of public transit any time in the future. They include roads parallel to Route 29 North,
roads that cross east-west between our major southern arterials so that all traffic doesn't have to come into
Charlottesville to go from one southern neighborhood to another, and a connector road to allow Crozet
hold together as a community - just to give some examples.
Virginia's secondary road system did not take into account this urban development in counties. Virginia
either needs to create an entirely new category of "growth-area connectors", or it needs to change the
secondary road category to accommodate the need for such roads.
Concurrently, we find that the secondary road standards make it difficult to create subdivisions that are
walkable and livable neighborhoods. Requiring what seem to be aircraft-carrier-size roads into
neighborhoods diminishes livability, increases housing costs, and increases long-term maintenance costs
for VDOT. Virginia needs to look at its secondary mad standards for both major network roads and for
smaller roads in neighborhoods.
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4896
(804) 296-5823
August 5, 1999
W. Thomas Muncaster
Muncaster Engineering
1740 Lambs Road
Charlottesville, VA 22901
SP-99-33 NGIC Access Road
Tax Map 32, Parcel 5C1
Dear Mr. Muncaster:
The Albemarle County Planning Commission, at its meeting on August 3, 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:
Engineering Department and VDOT approval of final grading plans and culvert and road
plans and computations. (This will include testing and verification of the structural
adequacy of the existing culvert.)
,
Engineering Department receipt of copies of required permits from state and federal
agencies for activities in the stream and floodplain;
,
Floodplain computations and plans demonstrating no increase in the 100 year flood levels
as required by Section 30.3 of the Zoning Ordinance;
Engineering Department approval of mitigation plans for disturbance of the stream
buffer;
5. Engineering Department approval of an Erosion and Sediment Control Plan;
Water quality measures and mitigation methods shall be provided subject to the approval
of the Water Resources Manager; and,
Page 2
August 5, 1999
Vegetative mitigation methods shall be provided subject to approval by the Architectural
Review Board.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 18, 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,
Eric Morrisette, AICP
Senior Planner
EM jcf
Cc:
Ella Carey
Jack Kelsey
United Land Corp
Amelia McCulley
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Eric L. Morrisette, AICP
August 03, 1999
August 18, 1999
SP 99-33 NGIC ACCESS ROAD
APPLICANT'S PROPOSAL:
The applicant is proposing to construct a new four-lane access .road to the proposed National
Ground Intelligence Center [NGIC]. Attachment A is a reduced copy of the road plan.
PETITION:
United Land Corporation petitions the Board of Supervisors to issue a special use permit to allow
for fill in the 100 year flood plain of Herring Branch, which is a tributary to the Noah Fork
Rivanna River [Section 30.3.5.2.2 of the Zoning Ordinance] (Attachment A). The fill is
associated with an access road and associated turn lanes for the proposed National Ground
Intelligence Center [NGIC] (Attachment B). The fill is also necessitating relocation of a poaion
of the stream channel. The propeay is located on the eastern side of Route 29 North,
approximately ½ mile north of the Noah Fork Rivanna River. Property, described as Tax Map
32, Parcel 5C1, consists of 28.8 acres and is zoned LI, Light Industry (Attachment C). This
propeay is recommended for Industrial Service in the Piney Mountain Community.
CHARACTER OF AREA:
The propeay is located on the eastern side of Route 29 North, approximately ½ mile noah of the
Noah Fork Rivanna River (Attachment C). The subject parcel was rezoned from Rural Areas to
Light Industry in 1996 [ZMA 94-12]. All other surrounding propeay is zoned RA, Rural Areas.
This site is the location of an existing farm road that will be upgraded to a four-lane divided
roadway (Attachment B). The existing road was created prior to the 1980 Zoning Ordinance,
therefore not subject to County review. Herring Branch meanders through the primarily wooded
site from noah to south and converges with the North Fork Rivanna River approximately ½
south of the subject area. This poaion of Herring Branch has a defined 100 year flood plain as
determined by the Federal Emergency Management Agency [FEMA] flood maps. The
approximate 100 year flood level elevation is 395 feet above sea level.
COMPREHENSIVE PLAN:
This area is designated for Industrial Service in the Comprehensive Plan. The Comprehensive
plan suggests that access to Industrial Service areas be a major collector of arterial roads with
internal circulation. The Industrial Land Use Standards suggest that rezonings with multiple
development sites served by common access points should be of reasonable topography to allow
unified access. The location and design of the road was considered and approved by the Board
of Supervisors with ZMA 94-12. The Industrial Land Use Standards also suggest that industrial
traffic should avoid residential areas and roadways not designed for such traffic. The proposed
road will not, at this time, serve any residential traffic. The proposed road, with the associated
fill in the flood plain, is consistent with the Comprehensive Plan.
Route 29 North is defined as an Entrance Corridor in Albemarle County. The subject parcel is
therefore subject to Albemarle County Architectural Review Board [ARB] approval. Although
subject to review, staff anticipates the ARB review to be minimal, because much of the area of
disturbance is approximately 35 feet below the pavement section of Route 29. Staff has
incorporated a condition of approval to include ARB approval of replanting and mitigation '
measures (Condition 7)
OPEN SPACE AND CRITICAL RESOURCES PLAN:
As previously stated, the applicant proposes to extend an existing culvert, thus filling in the
floodplain. Also, the applicant must install a deceleration lane from Route 29, in which filling in
the floodplain must occur to stabilize the slope of the new lane. Both of these proposed areas of
disturbance are forcing the relocation of the stream channel.
This area is classified as Wooded Area, Critical Slopes, and Major and Locally Important Stream
Valley. This area has been subject to prior filling as a result of improvements to Route 29 and
the installation of the existing farm road with the culvert. Although disturbance has occurred,
this portion of the Herring Branch Stream Valley has re-established itself and was viewed as all
three of the aforementioned resources at the time of the Plan' s 1992 adoption. The proposed
intrusions into the stream valley will therefore result in a loss of aesthetic value and is contrary to
the intent of the Open Space and Critical Resources Plan. To compensate for the loss of aesthetic
resources, the applicant has proposed to replant the stream buffer, which has been incorporated
as Conditions 6 and 7. Such mitigation will be subject to final approval by Albemarle County's
Water Resources Manager and the Architectural Review Board, as discussed further in this
report.
PLANNING AND ZONING HISTORY:
,
ZMA 94-12 River Heights Associates - April 11, 1996, the Board of Supervisors
approved a request to rezone approximately 28.88 acres from Rural Areas to Light '~
Industrial (with proffers). The proffers are attached as Attachment D and the approved
application plan is attached at Attachment E2 This proposal is in conformance with the
proffers and the application plan.
SUB 97-004 River Heights Associates Administrative Plat - The Planning Department
signed a plat on January 14, 1997 to allow for subdivision of the residual Rural Areas
portion of Tax Map 32, Parcel 5C to create two new lots, each approximately 2.75 acres.
The 28.88-acre Light Industrial zoned residue is the subject parcel. The plat showed the
access road that is in general accord with the applicant's currently proposed road
alignment.
REASON FOR PLANNING COMMISSION REVIEW:
Filling in the flood plain requires special use permit approval by the Board of Supervisors
[Section 30.3.5.2.2 of the Zoning Ordinance].
STAFF COMMENT:
Recommendation:
Staff has reviewed this request for compliance with the proffers of ZMA 94-12 River Heights
Associates and the provisions of Section 30.3 of the Zoning Ordinance. Staff is recommending
approval subject to conditions.
Staff Analvsis:
The applicant is requesting to fill in the Herring Branch 100 year floodplain [A tributary to the
North Fork Rivanna River] to allow for a stream crossing associated with the construction of a
four-lane divided roadway. The proposed fill is associated with a 40~foot extension of an
existing culvert and slope being created with the installation of a new deceleration lane along
Route 29 North. Both of these fill proposals necessitate the relocation of a 11 O-foot long portion
of the existing stream channel to an approximate 40 feet east, at the furthest distance. No
structures would exist within the flood plain.
Prqffers of ZMA 94-12:
The applicant's request and justification are attached as Attachment A. The applicant continually
notes: "The fill and culvert extension are required to construct the access road" and that they "...
are required to build a VDOT standard road": The applicant's request is associated with the
Board of Supervisors approval of ZMA 94-12 River Heights Associates, which included an
application plan indicating the installation of a four-lane divided roadway with culvert extension
(Attachment E). In particular, the signed and accepted proffers (Attachment D) state the
following agreements regarding the road: [Staff comment precludes each applicable proffer]
Proffer #1 .'
"Development shall be in accord with the plans ... dated February 5, 1996. The
proffered plans shall be modified to be consistent with revisions which are
recommended by the Site Review Committee, Planning Commission, and/or the
Board of Supervisors to address requirements of the Zoning Ordinance."
Comment:
The proposed four-lane divided mad alignment is in accord with the approved
general/application plan. The necessary fill associated with the deceleration lane
and the stream relocation were not identified at time of earlier rezoning review.
These modifications have been incorporated to address the provisions of the
Zoning Ordinance.
Proffer #2:
"Activity within the WRPA (Water Resource Protection Area as identified in the
Water Resource Protection Areas Ordinance in effect of Match 12, 1996) shall be
. limited to that necessary to install and maintain access, utilities and features
recommended or approved by the Water Resources Manager and Architectural
Review Board"
Comment:
Staff has included conditions that the Water Resources Manager and the ARB
must approve stream valley mitigation plans (Conditions 6 and 7)
Proffer #3
"Right of Way necessary for a four lane divided roadway shall be dedicated upon
request of the County in general accord with the proposed entrance road shown on
the proffered plan. The location and design of this roadway shall be modified
upon the request of the Department of Transportation [VDOT] or the County
provided that the entrance location remains located at the existing crossover as
shown on the proffered plans."
Comment:
The County still reserves the right for public dedication of the roadway. The
location and roadway design has been modified at the request of VDOT and the
County, and is subject to further modification during final review of computations
and design (Condition 1).
Sections 30.3 and 31.2.4. 1 of the Zoning Ordinance:
Staff provides the analysis of the criteria under Section 31.2.4.1 of the Zoning Ordinance through
the review of Section 30.3 of the Zoning Ordinance [Flood Hazard Overlay DistriCt]. The intent
of the Flood Hazard Overlay District [Section 30.3.1 of the Zoning Ordinance] is attached as
Attachment F. It states "These provisions are intended to restrict the unwise use... 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 ofwater resources; .and general
degradation to natural and man-made environment". The Engineering Department has reviewed
this request in accordance with Section 30.3.3.2 of the Zoning Ordinance and has revealed no
substantial detriment to life, property, and public costs for flood control. The Engineering
Department has provided comments regarding the proposed fill in the flood plain (Attachment
G).
The Engineering Department notes that the floodplain in this area is largely attributed to the
Rivanna River located directly downstream. Since the culvert already exists, no additional
constriction of the Herring Branch flow is anticipated. "Therefore, the changes to the flood water
elevations will be due to displacement of channel area fill dirt, which is placed both for the
culvert extension and the turn lane on Route 29. This fill can be offset by cuts in the floodplain."
Condition 3 has been incorporated to insure that no increase in the 100-year flood levels will
occur. If computations and plans do reveal an increase, methods of cut will be required to
counterbalance the effects of the proposed fill.
The Engineering Department also continues their analysis by fully describing the scope of the
proposed work. It is worth noting that the applicant has verbally proposed a tree planting and
buffer restoration as mitigation measures for stream buffer disturbances. Engineering has
determined that this proposal is "conceptually adequate, with further plans for specific plantings,
types, number and location to be determined with final plans". Staff has included conditions to
ensure approval. of mitigation measures by the Water Resources Manager and the Architectural
Review Board (Conditions 6 and 7).
With these conditions, as well as other conditions of approval listed below, "The proposed
grading of the Herring Branch channel and modification of the existing culvert crossing is
supported by the Engineering Department." The Engineering Department's analysis has
determined that the proposed fill will be properly mitigated and Engineering is confident that the
conditions of approval are adequate to fully ensure that the provisions of the Zoning Ordinance
are adhered to. Therefore, Planning Staff recommends approval of this request.
Snmmarv:
Staff has identified the following factors, which are favorable to this request:
1. Consistent with the provisions of the Comprehensive Plan;
2. Consistent with Sections 30.3 and 31.2.4.1 of the Zoning Ordinance;
Prior fill has occurred as a result of the installation of the existing farm road and
improvements made to Route 29 North;
4. The proposed use will not cause substantial detriment to adjacent properties;
5. Consistent with the proffers of ZMA 94-12;and,
6. Consistent with the application plan approved with ZMA 94-12.
Staff offers the following factor, which may be viewed as unfavorable to this request:
The proposed use is inconsistent with the recommendations of the Open Space and
Critical Resources Plan. Although inconsistent, the applicant has offered mitigation
measures to minimize the proposed disturbance.
Recommended Conditions of Approval:
Engineering Department and VDOT approval of final grading plans and culvert and road
plans and computations. (This will include testing and verification of the structural
adequacy of the existing culvert.)
Engineering Department receipt of copies of required permits from state and federal
agencies for activities in the stream and floodplain;
,
Floodplain computations and plans demonstrating no increase in the 100 year flood levels
as required by Section 30.3 of the Zoning Ordinance;
,
Engineering Department approval of mitigation plans for disturbance of the stream
buffer;
5. Engineering Department approval of an Erosion and Sediment Control Plan;
Water quality measures and mitigation methods shall be provided subject to the approval
of the Water Resources Manager; and,
Vegetative mitigation methods shall be provided subject to approval by the Architectural
Review Board.
ATTACHMENTS:
A - Applicant's Special Use Permit Request and Justification
B - Site Plan
C - Tax Map and Location Map
D - Approved Proffers of ZMA 94-12
E - Approved Application Plan of ZMA 94-12
F - Sections 30.3 and 30.3.1 of the Zoning Ordinance
G - Engineering Memo from Glenn Brooks Dated July 26, !999
, f,
-;- Department of Builmng Code and Z~i~.cS_ervic{
(
Application for Special Use Permit
COunty, of Albemarl.e
Project Name (ho~, amuld ~ s~fu to this application?)
*Existing Use Vlk ~ ,K
*Zoning District L
(*sr~ff will assist you with these items)
Number of acres to be covered by Special Use Permit {ira
Is this an amendment to an existing Special Use Permit?
Are you submitting a site development plan with this application?
*Zoning Ordinance Section number requested
~ Y~
Contact Person (Whom should we call/write conceming this projectT): 'T ~il2~tYt~.&
Address t~!lllll_;.F3 ' ' ~ ' City C l. rkr~Tl'~Sx/
Daytime Phone ( ~04- ) 9 7b 7DT~J Fax #
Owner of land (As listed in the Count~y's~cords).'[q'~~,
Address £h~P t]5.A~P ~0gFOt.~ ~03 Eron~- 5'~' City
Daytime Phone ( '~ ~7 . ) ~tH ' '7 7 $ ~' Fax # E-mail
Zip Z2.-901
E-mail
State ~A
Applicant (Who is me contact person representing? Who is requesting the special use?):
Address ~'.0. '~o/ 55'4~
CityCt-~v..toTrEsv~t-2~ State V~, Zip ~lZ~cq
Daytime Phone ( e~)~ ) °~7~ .~a?~ Fax #
E-mail
Taxmapandparcel 1"M ~ F6L- 56, t
LOCatiOn OfprOperty(landmatks, imersections. oro~her)
Physical Address (if assigned)
~R~T Of ~g.l~-~,lOOl7 eO~PtVlSIOt4
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 v40 ·
History: ~.~Special Use Permits: 5(L'Ob-nt~Pr .~,,Z~As,~.dP~of~ers: 'L~Pr'~q'OI2
Q Letter of Authodzadon
Concu~ent review of Site Development Pt~? ~ Yes ~ No
401 Mclntire Road .:. Charlottesville, VA 22902 -:. Voice: 296-5832 -:- Fax: 972-4126
Section 3 1.2.4.1 of the Albemarle County Zoning Ordinance states ~at~ "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 supervisor---,
that such use will not be of substantial detriment to adjacent property, that the character of the distri~.l.
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 pmvi.de 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? '1'
How will the proposed special use affect the'character of the district surrounding the property? "[ Vlt, 'F' 11 ti ~t}
How is the use in harmony with the purpose and intent of the Zoning Ordinance? 'T'~ ,Fi 1[ tl n~ cv lV~rJr ~x/nLet!~l trtl
How is me use in h~ony wire me uses pe~itt~ by right in me dis~ct? Th~ ~hl ~ color+ ~,st~. a~
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? 'Th t. ft I [ ~:
ATTACHMENT A
DesCribe your rgques.' 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:
r~-,J
ATTACHMENTS-REQUIRED - provide two(2) copies of each:
~ 1.
ATTACHMENT A
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 corporati6n, 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
knowledge.
Signature
Printed Name
Date
Daytime phone number of Signatory
q
I
ATTACHMENT C
o
1
EARLYSVILLE AREA
/
~""'~ "' ,,,x~I
SP 99-33 N.G.LC; Access R a -,~,~_
784
Stmlv
in , I
'\
\,.
· \
>, ,,
'MARLE COUNTY
20
/
/
'E H~,L~_ &
~ DISTRi'CTS
~3
ATTACHMENT (
SECTION 32_'
34C
RIVANNA DIS'
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
ATTACHMENT D .~-~
April 17, 1996
Wendell Wood
River Heights Associates
P. O. Box 5548
Charlottesville, VA 22905
ZMA-94-12 River Heights
Tax Map 32, Parcel 5 (pt of) and 5C (pt of)
Tax Map 33, Parcel 14 (pt of)
Dear Mr. Wood:
The Albemarle County Board of Supervisors, at its meeting on April 11, 1996, approved the
above-noted request to fezone approximately 29 acres from Rural Area to Light Industry
(proffered). Please note that this approval is subject to the following proffers:
Development shall be in general accord with the plans drawn by RTKL Associates, Inc.
Baltimore MD, dated February 5, 1996 and signed by Nena Hartell, Vice President,
United Land Corporation (the "proffered plans"). The proffered plans shall be modified
to be consistent with revisions which are recommended by the Site Review Committee,
Planning Commission and/or Board of Supervisors to address requirements of the Zoning
Ordinance.
Activity within 'the WRPA (Water Resource Protection Area as identified in the Water
Resource Protection Areas Ordinance in effect on March 12, 1996)shall be limited to that
necessary. to install and.maintain access, utilities and features recommended or approved
by the Water Resource Manager and Architectural Review Board. ~
Right of way necessary for a four lane divided roadway shall be dedicated upon request
of the County in general accord with the "proposed entrance road" shown on the
proffered plan. The location and design of this roadway shall be modified upon the
age 2
April 17, 1996
ATTACHMENT D
request of the Department of Transportation or the County provided that the entrance
location remains located at the existing crossover as shown on the proffered plans.
An undisturbed buffer area shall be maintained on the southern border of this site (from
the intersection Of Herring Branch and the North Fork Rivanna River to-the westernmost
portion of the erdsting pond). This buffer area shall maintain existing vegetation which
results in a level of screening equal to or greater than that required by Section
32.7.9.8a. of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy
of the section being attached hereto. Where existing vegetation does not provide for this
level of screening new plantings shall be established. Vegetation shall be maintained in
accord with section 32.7.9.2b of the Albemarle County Zoning Ordinance in effect on
March 12, 1996 a copy of the section being attached hereto.
Traffic generated by this site accessing Route 29 at the Route 29/proposed entrance road
intersection shall not result in a level of service of less than C. Easements and Right of
Way necessary to maintain a C level of service at the Route 29/proposed entrance road.
intersection shall be dedicated upon request of the County.
The owner, its successors and assigns, shall provide upon request by the Virginia
Department of Transportation and the County a signal analysis to the specifications of the
Virginia Department of Transportation and the County to insure a traffic signal is
installed when warranted. This analysis must include traffic generation proposed by the
Briarwood development. The full cost of the signalization will be borne by the owner, its
successors and assigns
If you have any questions or comments regarding the above-noted action, please do not hesitate
to contact me.
,7rely''~ '
V ~V~e~~
Director of ~lLmin 'ty
VWC/jcf
Development
cc: Ella Carey Jo Higgins
Amelia McCulley
ATTACHMENT E
EXISTINC
OV~RHM~I ELECTRIC
F. XtSTINC
· US HICH~NAY 29
WASHINGTON
,,,,;....:-
F. XlSTINC
UNO~RCROqJND TE~E
EXIS11NC
UNOERCIOUND FleER Ofm11C
T'ELEFt4ONE. CABLE
EXIS'rlNC
OVERHEAD TTd. EPHONE
PARIgNC LOCATION
m~m~OPOSF. D ~ I!OUNONtY
TOTAL AREAm
21.M ACRES
(11.(~ HECTA~,r;~)
UTILITIES PLAN ~' ~"' ' '
· N 0m m,~,.m, 100m
'~,~' NATIONAL GROUND- INTELLIGENCE CENTER imCL
ATTACHMENT F
30.3 FLOOD HAZARD OVERLAY DISTRICT - FH
30.3.01 INTENT
It is intended that the flood hazard overlay district hereby and
hereafter created shall be for the purpose of providing safety and
protection from flooding. More specifically, these provisions are
intended 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.
It is further intended that these provisions shall be adequate for
qualification and continuation of Albemarle County on the regular
program of the National Flood Insurance Program as administered by
the Federal Insurance Administration. To these ends, provisions have
been developed in accordance. with regulations governing the regular
program.
ATTACHMENT G
COUNTY OF ALBEMARLE
Department of Engineering & Public Works
MEMORANDUM
TO:
FROM:
DATE:
RE:
Eric MorriseRe, Planner
Glenn E. Brooks, Senior Engineer ~
26 July. 1999
NGIC access road, special use permit for fill in the floodplain
The road plan and culvert extension detail received on 9 July 1999 has been reviewed with
regard to the special permit application.
This revision shows the existing floodplain and proposed fill areas as requested. The floodplain
in this area is due to the Rivanna River directly downstream of this location, as well as the flow
in Herring Branch. As the culvert is in place, and only being extended, no addition constriction
of the Herring Branch flow will occur. Therefore, changes to the flood water elevations will be
due only to displacement of channel area with fill dirt, which is placed both for the culvert
extension and the mm lane on Rt. 29. This fill can be offset by cuts in the floodplain on the side
opposite Rt. 29 if necessary, although this has not been proposed by the applicant.
This plan also shows the channel relocations which are necessary, both at the outlet and inlet of
the existing box culvert. The extension of the box culvert places the culvert outlet directly in
from of a bend in the channel, which would be in danger of eroding during storm flows.
Therefore, this bend must be straightened at the outlet end. The fill for the turn lane extends into
the channel just downstream of the culvert outlet, which also necessitates moving the channel in
this location. The channel bend at the inlet end of the .culvert will be straightened at VDOT's
request for repair of the existing wingwalls and fill slopes.
The applicant has indicated verbally that the regulatory branch of the Army Corps of Engineers
has seen and verbally approved of their proposal. Another department of the Army Corps of
Engineers is involved with the National Ground Intelligence Center (NGIC) project and
development of the plans for the turn lane on Rt. 29.
The applicant has proposed tree planting and buffer restoration as mitigation measures for stream
buffer disturbances. This is conceptually adequate, with further plans for, specific plantings,
types, number and locations to be determined with final plans.
The proposed grading of the Herring Branch channel and modification of the existing culvert
crossing is supported by the Engineering Department with the following conditions.
1. Engineering Department and VDOT approval of final grading plans and culvert and road
plans and computations. (This will include testing and verification of the structural adequacy
of the existing culvert.)
2. Engineering Department receipt of copies of required permits from state and federal agencies
for activities in the stream and floodplain.
3. Flood plain computations and plans demonstrating no increase in 100yr flood levels as
required by section 30.3 of the Zoning Ordinance.
4. Engineering Department approval of mitigation plans for disturbance of the stream buffer.
5. Engineering Department approval of an erosion control plan.
ATTACHMENT G
Please contact me if you have questions or require additional information.
Copy: file (SP-99-33)
File: NGIC road.sp3a.doc
July 29, 1999
COUNTY OF ALBEMARLE
RD OF suPmv s o -s
Ch~!oResville, Virginia 22902~596
(804) 296 - 5823
F~ (804) 972 - 4035
Dick Shearer
CFW Wireless
1150 Shenandoah Village Drive
Waynesboro, VA 22980
RE:
SP-99-36 Fox~eld--CV202
Tax Map 43, Parcel 30
Dear Mr. Shearer:
The Albemarle County Planning Commission, at its meeting on July 27, 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 7 feet above' the elevation of the tallest tree within 25 feet
of the tower. The applicant shall provide a certified statement on the height of the tallest tree.
Antenna may extend an additional 3 feet above the height of the tower.
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of wood;
b. Guy wires shall not be permitted;
c. The tower Shall have no lighting; and,
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 as shown on the attached plan entitled "CFW Wireless
Survey of a lease parcel and Ingress/Egress Easement" initialed WDF 6/30/99.
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to three flush mounted panel antenna.
b. Satellite and microwave dish antennas are prohibited.
Page 2
July 29, 1999
10.
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
antennas on the tower and equipment on the site, subject to these conditions:
(1) Prior to approval of a final site p !an 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; 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
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 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 part of the luminaire.
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 be limited to periods of
maintenance only;
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, or the equipment building;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be required;
The tower shall be disassembled and removed from the site within ninety (90) days of the date its
use for wireless telecommunications 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 of the tower and shall identify each user that is a
wireless telecommunications service provider.
Page 3
July 29, 1999
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on AUGUST 18, 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 Planning Commission also approved a waiver of the drawing of a site plan in accord with the
provisions of Section 32.2.2.of the Zoning Ordinance subject to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building permit.
Provision of one parking space.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me.
Sincer,ely,
VWC/jcf
Cc: ~laCarey
Jack Kelsey
Amelia McCulley
Steve Allshouse
141HON
z
r~
Z
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
JULY 27, 1999
AUGUST 18, 1999
SP 99-36 FOXFIELD CV202
ADD!icant'S ProDosa!:
The applicant is proposing to construct a treetop tower to support a PCS antenna. The specific location
and design of the proposed facility is shown on Attachment C. The applicant has indicated the location of
the proposed facility and access to the tower on a topographic map, which is included as Attachment D.
Petition:
Request for special use permit to allow a telecommunications facility in accordance with Section [10.2.2.6]
of the Zoning Ordinance which allows for radiowave transmission towers. The property, described as Tax
Map 43 Parcel 30, contains 120 acres, and is located in the Jack Jouett Magisterial District on Free Union
Road [Route #601 ] approximately 0.6 miles north of Garth Road [Route #601/676]. The property is zoned
RA, Rural Areas. The Comprehensive Plan designates this property as Rural.
Character of the Area:
The location of the proposed facil!ty is on an active farm in a wooded area. The closest dwelling is located
1,200 feet to the northwest. The nearest property line is approximately 750 feet to the east.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2~4.1 of the Zoning
Ordinance and is able to recommend approval.
Planhint and Zoninl History:
A subdivision plat was signed in 1993 dividing Parcel 30 into two parcels.
Comorehensive Plan:
Staff notes that in order to construct the proposed tower no clearing for access and the provision of
electrical service will be required. Therefore, the only impacts reviewed for compliance with the
Comprehensive Plan and the Zoning Ordinance are those created by the tower itself.
This site is located in the Rural Areas of the Comprehensive Plan. This area is located within an
Agricultural/Forestal District. No other resources are identified in the Comprehensive Plan, Open Space
Plan for this area. Currently the Comprehensive Plan contains limited review criteria for the siting of
telecommunication towers. No provision of the Comprehensive Plan prohibits or has the effect of
prohibiting Personal Wireless Services.
The limited area included in the lease area for the facility will not substantially reduce the existing or
potential for use under the intent of the Rural Areas designation with the exception of prohibiting tree
removal within 200 feet of the tower.
The location and design of the facility is such that the view from public roads or adjacent properties will be
limited.
No inconsistency with the Comprehensive Plan has been identified.
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.
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 750 feet from the nearest property line and does comply with
the setback requirements of the ordinance.
The site is located in a wooded area. These trees are approximately 97 feet tall based on information
submitted by the applicant. The proposal for this site is to have the wood pole extend 7 feet above the
treeline with the antenna extending 3 feet above the pole. The siting of this facility is such that existing
forest combined with distance to adjacent property will make this site extremely difficult to see from either
public roads or adjacent property. An existing farm road goes to the site and no trees will have to be
removed to construct the facility. The top of the facility will blend into the existing tree canopy in the area.
Due to the extremely limited visibility of the site and lack of need for clearing no detriment to adjacent
property is anticipated. Additional information may be provided by the public during the public hearings
on the issue of potential impacts.
that the character of the district will not be changed thereby,
The County attempts where possible to limit the visibility of these uses. The County has over the years by
its actions to approve and deny applications for wireless facilities attempted to site these facilities in areas
where they have limited impacts on the character of the surrounding area. This facility is located in a
wooded area which has been the favored approach of the County. The existence of the trees will serve to
hide the facility. In considering the impact on the character of the area staff has taken into consideration
the fact that this property and adjacent property are located within an Agricultural/Forestal District. This
request does not restrict activity on adjacent sites or change the character of the district. However, the
conditions of approval for this application would restrict the forestal use of the property.. However, the
potential of forestry activity can be regained with the removal of the telecommunications facility.
Approval of this request does not itself support agricultural or forestal activity within the district.
The lack of visibility of this facility will not result in a change in the rural character of the district.
Approval however, does not forward the purpose and intent of the A/F 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, 1.4.4, and 1.5 All of these provisions 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.
Therefore, staff opinion is that this request does comply with this provision of Section 3 1.2.4.1 of the
Ordinance.
with the uses permitted by right in the district.
The proposed tower will not restrict the current use, other by right uses available on this site, with the
exception of tree clearing for a portion of the 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 goveming 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,
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 govemment 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 does not believe that the special use permit process or 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.
3
Staff and the applicant have been unable to identify any location for collocation, which would eliminate
the need for construction of a tower. Altemate sites for the construction of a new tower have not been
discussed.
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance.
The Commission may 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. Generally the site review committee has
endorsed the use of site plan waivers for the establishment oftelecommunication facilities. This general
endorsement is based on the relatively small area impacted by the proposed use and the ability to obtain the
required information through an erosion and sediment control plan and the building permits. In this case
the construction of the facility will require activity only for the extension of utilities which are currently on
site and the placement of the tower and ground equipment. Based on the minimal activity necessary for
installation staff is unable to identify any purpose, which would be served by requiring the submission of a
site plan. Staff recommends approval of a full site plan waiver subject to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building permit;
Provision of one parking space.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
1.
2.
3.
The tower will provide increased wireless capacity, which may be considered consistent with the
provisions of Sections 1.4, 1.4.4 and 1.5.
The tower will not restrict permitted uses on adjacent properties.
The design and siting of the tower is such that it will have limited visual impact on adjacent
property or public roads.
Staff has identified the following factor, which is unfavorable to this request:
The proposed site is located within an A/F District. The use does not directly support or promote
agricultural or forestal uses.
The following factor is relevant to this consideration:
1. There is an existing reasonable use of the property.
Staffs review has resulted in a finding that the proposal complies with the provisions of Section 3 1.2.4.1
and therefore, staff recommends approval of this request.
RECOMMENDED ACTION:
Staff recommends approval subject to the following conditions:
(In the event that the Board chooses to deny this application staff offers the following comment:
In order to comply with the provisions of the Telecommunication Act, staff request consensus direction
4
from the Board regarding the basis for denial of the application and instruction to staff to return to the
Board with a written decision for the Board's consideration and action.)
RECOMMENDED CONDITIONS OF APPROVAL:
The height of the tower shall not exceed 7 feet above the elevation of the tallest tree within 25 feet
of the tower. The applicant shall provide a certified statement on the height of the tallest tree.
Antenna may extend an additional 3 feet above the height of the tower.
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting; and,
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 as shown on the attached plan entitled "CFW Wireless
Survey of a lease' parcel and Ingress/Egress Easement" initialed WDF 6/30/99.
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to three flush mounted panel antenna.
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:
a. The permittee shall allow other wireless telecommunications providers to locate or utilize
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; 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
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 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 part of the luminaire.
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 be limited to periods of
maintenance only;
5
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, or the equipment building;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be required;
The tower shall be disassembled and removed from the site within ninety (90) days of the date its
use for wireless telecommunications purposes is discontinued;'
10.
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.
Should the Planning Commission support a waiver of the requirements of a site plan the Planning
Commission only must take the following action in order to authorize a site plan waiver.
A waiver of the drawing 6fa site plan has been granted in accord with the provisions of Section 32.2.2.
subject to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building permit.
Provision of one parking space.
ATTACHMENTS:
A - Location Map
B - Tax Map
C ' Applicant's Information
D - Topographical Map
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ON 'i'H£ LAND OF
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JACK JOUETI' DISIRICT
ALBEMARLE COUNTY , VIRGINIA
SCALE: 1". tO0' DA'I~:: MAY 14. 1999
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e8/18/i~9 05:18 804-g73-3099 H. SALL PAGE
De~r Ms. 'lZhonles,
Tonight one of tr~ issues before the Atbernafie County Board of i~ut~ehisom will t~e · pmpos~ cefiular towst oi'Ga~h RcL on
the Elsetar property. As a nelght~:r of +,hi~ prot;~y, I would lilts to sham some of my cor~erns for this propesa~:
:1. The AgriCultUral- Forestr. f Board ~ newt riotitled.
2. This site 19 located in what has been c~siderecl an "a',ddance" are~ by the County in its ~ planning for such
dli,,ttopment.
3. ~fsuch a tower ~a~ aoc~spted by the Bc~trd of SupeNso~, how w~utd ~he emiSSions be monitored?
4. What wou!~ keep tllis ic~ti~ fi'em Decoml~ a site for m~ttple toyera with even greeter ~slbility and more exterl~i~
emles~ns?
We mo~ to this Q,~iculturel/f0teeted area ta a~oid ~elapmen~ such ss this tower. We thought the coufity's planning for
nc~-development ~n ti'is area wouid protect the rural charitcter. We we wrong ~ sEeurns this?
Thank you for wei~hlng +,hese ccr~erns.
H, Macdaniel B~I
i ~r~!ae: Hlklfi:l~! Page; I
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
,' ~"..=:'..,. ,. ~.... SP-99-36;' FoXfield-C~V202.,(Si~n .W~3,5~,.=
The foiloWing g icl'elines wilt be used for this public hearing: ". "". ": . "'.,
:." E~cH'SPE~<E" ~S ~.~:OTT'EO 3," ~UTES."' ':.:' ""' "' ' = "'
-.: ... INDIVIDUALS CANNOT RELINQUISH THEIR,.3 MINUTES TO ANOTHER
SPEAKER. ' ='~ ' ~' ". " .
- INDIVIDUALS CAN ONLY SIGN' ~UP' ONE PERSON TO SPEAK'.
-' PLEASE GIVE ANY WRITTEN STATEMENTS 'TO THE CLERK WHO WILL
CIRCULATE COPIES 'TO'BOARD MEMBERS. ' ~:
NAME (Please print clearly)
5
PHONE NUMBER/ADDRESS (Optional)
6
7
8
9
10
11
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19
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July 15, 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
Dick Shearer
CFW Intelos
1150 Shenandoah Village Drive
Waynesboro, VA 22940
SP-99-37 East Glenmore-CV226
Tax Map 79, Parcel 16
Dear Mr. Shearer:
The Albemarte County Planning Commission, at its meeting on July 13, 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 7 feet above the elevation of the tallest tree within 25
feet of the tower. The applicant shall provide a certified statement on the height of the tallest
tree. Antenna may extend an additional 3 feet above the height of the tower.
,
The tower shall be designed, Constructed and maintained as follows:
a. The tower shall be of wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting; and,
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 as shown on the attached plan entitled "CFW Wireless
Survey of a lease parcel and Ingress/Egress Easement" initialed WDF 6/30/99.
,
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to three flush mounted panel antenna.
b. Satellite and microwave dish antennas are prohibited.
BOARD QY
Page 2
July 15, 1999
,
10.
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 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; 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 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 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 part of the luminaire.
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 be limited to periods of
maintenance only;
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, or the equipment building;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be required;
The tower shall be disassembled and removed from the site within ninety (90) days of the date its
use for wireless telecommuniCations 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 of the tower and shall identify each user
that is a wireless telecommunications service provider.
2
Page 3
July 15, 1999
The Planning Commission also approved a waiver of the requirements of a site in accord with the
provisions of Section 32.2.2. subject to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building permit.
Provision of one parking space.
Issuance of a Certificate of Appropriateness from the Architectural Review Board.
Please be advised that the Albemarle County Board of Supervisors will review SP-99-37 and receive
public comment at their meeting on August 18, 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,
V. Wayne ~ ~
Director of~linning i v lopment
VWC/jcf
Co:
Ella Carey
Jack Kelsey
Daniel or Kristine O'Dormell
Amelia McCulley
Steve Allshouse
LE, ASg PARCgL
$/TE #tV ~6
ohe ·
C6 C5 N 79~8.;0~
ohe
C4
ATTACHMENT E
1. OILIER EASEMENTS. IF ANY. NOI SHOWN.
NO TITLE REPORI FURNISHED.
2. THIS PARCEL IS NOT IN A
F,E.M,A. FLOOD HAZARD
ZONE "A" OR
LEASE PARCEL DERIVED FROM A FIELD
SURVEY AND A PLAT DATED DEC. ,:30. 1947
A. R. SWEET & ASSOCIATES
IRON PIN SET
~ ohe --
LINE RECONSTRUCTED
FROM PREVIOUS SURVEY
OVERHEAD ELECTRIC
WITH UTILITY POLES
CURVE TABLE
CURVE RADIUS LENGTH TANGENT CHORD C. BEARING DELTA
C1 201.51 64.09 32.32 63.82 N 5150'46" E 18'13'19"
C2 410.00 82.53 41.31 82.20 N 55'20'27' E 11'30'21"
C3 38.35 80.16 66.12 66.34 N 10'17'50" W 119'46'13"
C4 100.00 16.21 8.12 16.19 N 74'49'33" W 09~7'14"
,
C5 415.51 124.39 62.66 125.92 N 88~2'44" W 17'09'09" I
C6 345.00 95.64 48.13 95.33 N 88'40'49" W 1552'59"
C7 85.67 162.50 119.40 139.22 N 26'23'59" W 108'40'41'
$6.
AVERAGE TREE HEIGHT
IS 110'+/-
SURVEY OF A
LEASE PARCEL &
INGRESS EGRESS EASEMENT
FOR CFW WIRELESS
ON THE LAND OF
DANIELJ, O'DONNELL &
KRISlINE L. O'DONNELL &
SCOTTSVILLE DISTRICT
ALBEMARLE COUNTY , V1RGINIA
SCALE: 1"= 100' DATE: MAY 21. 1999
RECEIVED
HAY 2 6 1999
PLANN{NO AND
COMMUNITY DEVELOPMENT
PHR&A 10419-12C
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
William D. Fritz
Julyl3, 1999
August 18, 1999
SP 99-37 East Glenmore CV226
Applicant's Proposal:
The applicant is proposing to construct a treetop tower to support a PCS antenna. The applicant has
submitted information regarding the location of and design 0fthis proposal. This information is included
as Attachment C.
Petition:
Request for special use permit to allow for a telecommunications facility in accordance with Section
[ 10.2.2.6] of the Zoning Ordinance which allows radiowave transmission towers. The property, described
as Tax Map 79 Parcel 16, containsl3.5 acres, and is located in the Rivanna Magisterial District on
Richmond Road [Route # 250] approximately 0.3 miles west of Louisa Road [Route #22]. The property
is zoned RA, Rural Areas and EC, Entrance Corridor Overlay District. The Comprehensive Plan
designates this property as Rural.
Character of the Area:
The location of the proposed facility is in a wooded area. The property is used as a commercial stable.
The closest dwelling is located 350 feet to the east. The nearest property line is approximately 115 feet
to the north. Scattered residences are located in the area.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning
Ordinance and is able to recommend approval.
Planning and Zoning History:
No history is available.
Comprehensive Plan:
Staff notes that in order to construct the proposed tower no clearing for access or the provision of
electrical service will be required except in the area of the tower itself. Therefore, the only impacts
reviewed for compliance with the Comprehensive Plan and the Zoning Ordinance are those created by
the tower and its location.
This site is located in the Rural Areas of the Comprehensive Plan. The resources identified in the
Comprehensive Plan, Open Space Plan for this area are the designation of 1-64 and Route 250 as entrance
corridors. Currently the Comprehensive Plan contains limited review criteria for the siting of
telecommunication towers. No provision of the Comprehensive Plan prohibits or has the effect of
prohibiting Personal Wireless Services.
The location and design of the facility is such that the view from public roads or adjacent properties will
be limited. Therefore, this site will not result in an adverse impact on the entrance corridor.
The limited area included in the lease area for the facility will not substantially reduce the existing or
potential for use under the intent of the Rural Areas designation with the exception of prohibiting tree
removal within 200 feet of the tower on the property.
No inconsistency with the Comprehensive Plan has been identified.
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.
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 125 feet from the nearest property line and does comply
with the setback requirements of the ordinance.
The site is located in a wooded area. These trees are approximately 110 feet tall based on information
submitted by the applicant. (After a field visit to the site staff estimates the tree height to be
approximately 80 to 90 feet. The applicant will be required to certify the tree height as part of the
building permit approval process.) The proposal for this site is to have the wood pole extend 7 feet
above the treeline with the antenna extending 3 feet above the pole. The siting of this facility is such that
existing forest combined with distance to adjacent property will make this site extremely difficult to see
from either public roads or adjacent property. An existing farm road goes to the site and few trees will
have to be removed to construct the facility. The top of the facility will blend into the existing tree
canopy in the area.
A letter has been received from an abutting property owner who operates a communications facility. The
letter states concerns about possible interference. The applicant has talked with the operator of the
facility and with staff and will take steps to insure non-interference. The FCC requires that interference
not occur. The two systems operate at widely seperated areas of the radio spectrum and interference is
unlikely.
Due to the extremely limited visibility of the site and limited need for clearing no detriment to adjacent
property is anticipated. Additional information may be provided by the public during the public hearings
on the issue of potential impacts.
that the character of the district will not be changed thereby,
The County attempts where possible to limit the visibility of these uses. Thd County has over the years
by its actions to approve and deny applications for wireless facilities attempted to site these facilities in
areas where they have limited impacts on the character of the surrounding area. This facility is located in
2
a wooded area which has been the favored approach of the County. The existence of the trees will serve
to hide the facility.
The lack of visibility of this facility will not result in a change in the rural 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, 1.4.4, and 1.5 All of these provisions 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.
Therefore, staff opinion is that this request does comply with this provision of Section 3 1.2.4.1 of the
Ordinance.
with the uses permitted by fight in the district.
The proposed tower will not restrict the current use, other by fight' uses available on this site, with the
exception of tree clearing for a portion of the site, or by fight 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,
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 guideline~ 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 does not believe that the special use permit process or the denial of this application has the
effect of prohibiting the provision of personal wireless services. The applicmit 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
3
of prohibiting the provision of services.
Staff and the applicant have been unable to identify any location for collocation, which would eliminate
the need for construction of a tower. Alternate sites for the construction of a new tower have not been
discussed.
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance.
The Commission may 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. Generally the site review committee has
endorsed the use of site plan waivers for the establishment of telecommunication facilities. This general
endorsement is based on the relatively small area impacted by the proposed use and the ability to obtain
the required information through an erosion and sediment control plan and the building permits. In this
case the construction of the facility will require activity only for the extension of utilities which are
currently on site and the placement of the tower and ground equipment. Based on the minimal activity
necessary for installation staff is unable to identify any purpose, which would be served by requiring the
submission of a site plan. Staff recommends approval of a full site plan waiver subject to the following
conditions:
1. Approval of an erosion and sediment control plan prior to the issuance of a building permit;
2. Provision of one parking space;
3. Issuance of a Certificate of Appropriateness from the Architectural Review Board.
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 1.4, 1.4.4 and 1.5.
The tower will not restrict permitted uses on adjacent properties.
The design and siting of the tower is such that it will have limited visual impact on adjacent
property or public roads.
Staff has identified no factors, which are unfavorable to this request:
The following factor is relevant to this consideration:
1. There is an existing reasonable use of the property.
Staffs review has resulted in a finding that the proposal complies with the provisions of Section 31.2.4.1
and therefore, staff recommends approval of this request.
RECOMMENDED ACTION:.. .
Staff recommends approval subject to the following conditions:
(In the event that the Board chooses to deny this application staff offers the following comment:
In order to comply with the provisions of the Teleeommunication Act, staff request consensus direction
from the Board regarding the basis for denial of the application and instruction to staff to remm to the
4
Board with a 'written decision for the Board' s consideration and action.)
Recommended Conditions of Approval.
The height of the tower shall not exceed 7 feet above the elevation of the tallest tree within 25
feet of the tower. The applicant shall provide a certified statement on the height of the tallest
tree. Antenna may extend an additional 3 feet above. the height of the tower.
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of wood; J
b. Guy wires shall not be permitted;
c. The tower shall have no lighting; and,
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 as shown on the attached plan entitled "CFW Wireless
Survey of a lease parcel and Ingress/Egress Easement" initialed WDF 6/30/99.
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to three flush mounted panel antenna.
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:
a. The permittee shall allow other wireless telecommunications providers to locate or
utilize 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 m~ke
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; 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 pr0viders 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.
(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 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 part of the luminaire.
For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or
lamps together with the parts designed to dislribute the light, to position and protect the lamps,
and to connect the lamps to the power supply. Outdoor lighting shall be limited to periods of
maintenance only;
7. 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 cons/auction 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, or the equipment building;
The permittee shall comply with section 5; 1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be required;
,
The tower shall be disassembled and removed from the site within ninety (90) days of the date its
use for wireless telecommunications purposes is discontinued; '
10. 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.
Should the Planning Commission support a waiver of the requirements of a site plan 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 32.2.2.
subject to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building permit,
Provision of one parking space.
Issuance of a Certificate of Appropriateness from the Architectural Review Board.
ATTACHMENTS:
A -. Location Map
B - Tax Map
C - Applicant' s Information
D - Letter from abutting property
E-~;Ingress Egress Easement
BUCK "'~
Advance Mills
Albem'ar e
ATT;~CHMENT A
TO RUCKERSVILLE
, / ' EARLY
./
I
5
I
.: '.~," . ..,..;'
"' , I:~68 1167-
,~ , I I
Profitt !
I
I
,, /
Cismont
SP-99-37 East Glenmore CV226 (Sign # 71 & 72) ,-, ~ ''~
ATTACHMENTB
ALBEMARLE COUNTY
65
.!~,,~.i.::.'~:.'.., · ............----."', ~ ~ >,..
)i,, ,,\/ Ii ,..
7A ~ % B ~7~
7A ~ SHADWELL
,
[ ~NO ~'
.,~ ~/.~., ~ SP-99-37 East Glenmor~V226 (Si~ ~ 71 & 72
, ,~ f' - ~OT 5VLLE , ~ , ~ ':~'., ",.
~/,"~ ~ .. ?.2:'~ .~ .~' ~'.::>~~ ~ ~ . ' "" '.
:,, ..: ....:.....,. ,,~,.,. .
': ,,,,,' , // . ,.
"~AG' iCuLTURAL & FOr~ESTAL brST'~I~T 99
~'~ '" ""' · RIVANNA . AND ' . '
SCOTTSV. ILLE DISTRI(:;TS
SECTION 79
ATTACHMENT C
Section :31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of.~perwsors
'hereby' reserves unto itself the right to issue all special use permits permitted hereunder.'Sb~f.aI '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 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 Pian designation for this property?
How wi 11 the proposed special use affect adjacent property? VVi
nOJr a4'4'cd .~e pro~r~y.
How will the proposed special use affect the character of the district surrounding the property?
iO 4'eel atgove 4t,~ 4~ec~ ,~i~ afFro, pricrr,, c~4-~as iviH ~t~4' o-F-fed ..n~e ci,'~arctc4e,/'
c~i¢~'ic4' 5~¢roct~c.ilv~9 ~e pr0pe/4x/.
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
iO 4'~:e~ hicil,~er' 44qC{Fl ..t~e. Civetlarge -Ja-ee Beic, l'?l' L~ ..Hqe..
/ ./
J
How is the use in harmony with the uses permitted by right in the district? bd0+ pe,,mi PIed
Plc~ceme,'Cr 0.,c Woode~ poles
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? .SeC-t' iO, q 5. I. I Z
How will this use promote the public health, safety, and general Welfare of the community? DrO V icle50. 14eitrh3~e
h'~ecxins o,c C~3r, qr~ct~iCcc4iorn ~tict uuireie~5 4eiepk~cne a~ct al3o pro;'ictes av~ e e.'ge cV
n'l~clVlS ~r conq~iCc~4'ion: t~ -Hme 0]: ~eecl.
Deicribe your request in detail and include all pertinent information such as the numbers of perions
.i.¢olved in the use, operating hours, and any unique features of the use:
e~'ed ct 1,2, o'woocie~ pole, Iocc~4-ed ~n c, 5+a~d
Th'~S si4-e_ will
ope,'cdc Z,4 nouns o day-for pc~tgtic seNice 4'o ~e 5un, ou~ncl/~ ~m~u~i.k/.
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, parmership
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 bt
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:
[~/ 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.
Printed N~e
Date
fd-~ '¢) ~ 7C ~,.2 6 '7~3,.
Daytime phone number of Signatory
ATTACHMENT D
ROBERT IC & CAROLYN W. MICHIE
1066 Shadwell Station Ln.
Charlottesville, VA 22911
(804) 293-8874
June 27, 1999
County of Albemarle
Department of Planning & Community Development
401 McIn~re Road, Room 218
Charlottesville, VA 22902-4596
ATTN: William D. ~itz, AICP
RE: SP 99-37 East Glenmore-CV 226
Dear Mr. Fritz:
My husband and I will not be available for the July 13th Planning Commission
meeting nor the August 18th Board of Supervisors meeting. However, as the adjacent
property owner we do have strong concerns as to how this will affect our present business
operations.
Michie Contracting Corp. is operating a 2-way radio system with a pole antenna
next to this property and has done so since 196& The Federal Communication Commission
licenses this system. I have spoken to the property owner and the FCC about such a tower
interfering with our radio system and the operation of our business. According to the FCC,
since I have also informed the communication system wishing to erect this tower of our
operation, they are responsible as well as the landowner to see that our licensed radio
system of 30 years remains on line without interference from such a tower.
Unless the landowner and the Communications Company can provide
documentation that this tower will not disrupt our radio system, we would strongly oppose
such a move to allow towers to be placed next door. Please understand that our radio
system is critical to our business operations. The radio's not only provide communication
between the job sites and the office but also provide the employees with the safety of being
able to contact the office in case of emergencies. We ask that this be taken into
consideration before Albemarle County approves this tower permit location.
(Tax Map 79 parcel 17 & 17C)
Sincerely,
Robert IsL & Carolyn W. Mlchie
RECEIVED
JUN
PLANN!NG AND
COMMUNiTy' D~ZVELOPMENT
SITE #CV 226
D~. J. O'DOJOI'BLL
~ L O'DO~
TiLl[ PARC~Z, ?9 1~
D~ED BOOK 1438 PG. 1~?
C6
C$ N 79'28'i0,, W
PI]R
Patton Harris Rust&Associates,pc
~nliineers,Surveyors. Planners.Landacape Architects
J6 N. I~ain Street
3ridgewater, Virsinia 22812
~40-828-2616
)ffices:
~hantffiy.¥a.
ohe
N
C4
CHERRY_
mE£ ~r
~IRON
ROD
AVERAGE TREE HEIGHT
IS 110'+/-
ATTACHMENT E
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 DEC. 30, 194.7
A. R. SWEET &: ASSOCIATES
IRON PiN SET
~,, ohe
LINE RECONSTRUCTED
FROM PREVIOUS SURVEY
CVERHEAD ELECTRIC
WITH UTILITY POLES
CURVE TABLE
CURVE RADIUS LENGTH TANGENT CHORD C. BEARING DELTA
Cl 201.51 64.09 32.32 65.82 N 51'50'46" E 18'13'19"
C2 410.00 82.53 41.51 82.20 N 55'20'27" E 11'50'21"
C3 58.35 80.16 66.12 66.34 N 10'17'50" W 119'46'1,5,"
C4 100.00 16.2'~ 8.12 16.19 N 74'49'33" W 09'17'14"
C5 415.51 124.59 62.66 125.92 N 88'02'44" W 17'09'09"
C6 345.00 95.6~- 48.15 95.35 N 88'40'49" W 15'52'59"
C7 85.67 162.50 119.40 159.22 N 26'23'59" W 108'40'41"
SURVEY OF A
LEASE PARCEL &
INGRESS EGRESS EASEMENT
FOR CFW WIRELESS
ON THE LAND OF
DANIEL J. O'DONNELL &
KRISTINE L. O'DONNELL &
SCOTTSVlLLE DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: 1"= 100' DATE: MAY 21, 1999
RECEIVED
HAY 2, 6 1999
PLANNING AND
COMMUNITY DEVELOPMENT
PHR&:A 104-19-12C
SP-99-37 East Glenmore CV226 - Request for special use permit to allow for a telecommunications
facility in accordance with Section [ 10.2.2.6] of the Zoning Ordinance which allows radiowave
transmission towers. The property, described as Tax Map 79 Parcel 16, contains 13.5 acres, and is
located in the Rivanna Magisterial District on Richmond Road [Route 250] approximately 0.3 miles
west of Louisa Road [Route22]. The property is zoned RA, Rural Areas and EC, Entrance Corridor
Overlay District. The Comprehensive Plan.designates this property as Rural Area 4.
Mr. Fritz presented the staff report, noting that the request is similar to CFW's other requests - a
wooden pole at the tree line with minimal amount of disturbance required in the field to access the
site. He added that staff has gone through the review, and is recommending approval, noting that the
conditions are virtually identical to all the other CFW applications, with the exception of one that
allows three flush-mount antenna to be placed on the pole instead of two - a full sectored site. He
noted that it allows them to transmit from this site to other sites more efficiently.
Mr. Rieley noted that previously the height of the tower has been limited to seven feet total above
the height of the nearest tree within 25 feet, and this tower now has seven plus three feet. Mr. Fritz
and fellow Commissioners confirmed that structures with a pole of seven feet and antennae of 3 feet
have been approved.
The applicant's representative, Mr. Dick Shearer of CFW addressed the Commission. He presented
aerial photos of the proposed location.
Mr. Loewenstein commented that the item seems pretty simple, noting that the location would be
very difficult to spot visually.
MOTION: Mr. Loewenstein moved, Mr. Nitchmann seconded approval of SP 99-37 with conditions
as presented by staff. The motion passed unanimously.
Wilton Country Homes Phase II Preliminary Subdivision Plat: Approval of Private Road - Request
for private road in conjunction with a preliminary plat to create 21 lots on approx. 3.5 acres.
Mr. Rieley noted that sidewalks have been required on both sides in similar densities with urban cross-
sections, and asked why staff only recommended them for one side. Mr. Cilimberg noted that Wilton Farm
Road does not have sidewalk on either side, as it is a rural cross-section, established earlier in the 1990's
when it was accessing the apartments. Mr. Cilimberg said that there is also a question of continuation of
sidewalks coming off of Wilton Farm Road, and will eventually continue over to Fontana.
Mr. Rieley said, "With these tiny little lots, I think we owe people sidewalks."
Agreeing with Mr. Rieley, Mr. Rooker said, "We're trying to approach a development pattern in the county
where we have sidewalks on both sides...here you've got lots on both sides of the roads." Mr. Rooker then
asked what the appropriate time would be to raise the sidewalk issue.
Mr. Cilimberg replied that with an older development, there was not as much concern for sidewalks;' in the
Fontana development (with less density), a pathway system was developed which ultimately the new
development may connect into. "We're trying to do the best job of bringing on some of the concepts of
today where we have concepts of prior development that were different. Wg're not dealing with a clean
slate out here."
Mr. Rieley added that when there is a VDOT rural section, curb and gutter and then six feet of sidewalk, it's
an enormous area of pavement from one side to the other. "I want to push hard for sidewalks on both sides
of streets - and they are streets when they get to this density; but I'd feel a lot more comfortable pushing on
it if we had a cross-section that was going to be a better cross section."
Mr. Loewenstein' asked about the schedule for getting sidewalks placed on Route 20, beginning at Wilton
Farm. Mr. Cilimberg replied that it is the highest priority sidewalk in the CIP, and its cost alone is more
than the CIP dollars available to do it. Mr. Cilimberg noted that it is being looked at as a path, not a
sidewalk because Route 20 is rural cross section, and is not scheduled for improvements that incorporate
sidewalks, so the county will have to fund it with CIP monies. He said that the county requested that the
sidewalk fund receive additional monies through an enhancement grant by the state, but the request was not
approved.
Mr. Loewenstein expressed concem about the large numbers of pedestrians, including young children, along
Route 20. "It's really a disaster waiting to happen, and as we keep increasing the density in that area, we're
going to add to the pedestrian traffic."
SP 99-37 East Glenmore -Western Ridge Phase 5 Critical Slopes Waiver
Request for waiver to grade critical slopes on eightlots within the proposed Phase 5 of Western Ridge. The
preliminary subdivision plat creates a total of 34 lots on 14.35 acres. The property is zoned R-4,
Residential.
Mr. Rieley asked if the rural cross-section with small lots is on the plan because it is a continuation of the
same cross section elsewhere. Mr. Cilimberg contimed that that is the case, adding that there is another
section of Western Ridge in a different section that was zoned last year to be urban cross-section with
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sidewalk. He said that the Phase 5 section is a continuation near the Lickinghole Basin of sections that hav,
already been platted.
MOTION: Mr. Loewenstein moved, Mr. Rooker seconded approval of the Consent Agenda. The motion
passed unanimously.
Public HearimI Items
SP 99-33 N.G.I.C. Access Road - Proposal to fill in the flood plain of Herring Branch in association with
road construction providing access to the proposed National Ground Intelligence Center (NGIC). Property
is located on the eastern side of Route 29 North, approximately ½ mile north of the North Fork Rivanna
River. Property is described as Tax Map 32, Parcel 5C1, and consists of 28.9 acres and is zoned LI, Light
Industrial. The property is recommended for Industrial Service in the Piney Mountain Community.
Applicant requests deferral to July 2 7, 1999.
Public comment was invited. None was offered, and the matter was placed before the Commission.
MOTION: Mr. Rooker moved, Mr. Rieley seconded approval of deferral of SP 99-33 to July 27, 1999.
The motion passed unanimously.
SP 99-38 Covesviile - CV 141 - Request for special use permit to amend the antenna type on an existing
telecommunications facility in accordance with Section [10.2.2.6] of the Zoning Ordinance which allows fo:
radiowave transmission towers. The property, described as Tax Map 109 Parcel 9C, contains 56.6 acres,
and is located in the Scottsville Magisterial District at the end of Lackey Lane [Route #838] just east of
Monocan Trail Road [Route 29]. The property is zoned RA, Rural Areas. The Comprehensive Plan
designates this property as Rural Area 3. Staff requests deferral to July 27, 1999.
Public comment was invited. None was offered, and the matter was placed before the Commission.
MOTION: Mr. Rooker moved, Mr. Loewenstein seconded approval of deferral of SP 99-38 to July 27,
1999. The motion passed unanimously.
SP 9941 Cook Mountain - CV 144 - Request for special use permit to amend the antenna type on an
existing telecommunications facility in accordance with Section [ 10.2.2.6] of the Zoning Ordinance which
allows for radiowave transmission towers. The property, described as Tax Map 98 Parcel 22, contains 49
acres, and is located in the Samuel Miller Magisterial District on the east side ofThackers Lane [Route 804]
just east of Monocan Trail Road [Route 29]. The property is zoned RA, Rural Areas. The Comprehensive
Plan designates this property as Rural Area 3. Staff requests deferral to July 27, 1999.
Public comment was .invited..-None ,was offered, and the matter was placed before the Commission.
MOTION: Mr. Rieley moved, Mr. Thomas seconded approval of deferral of SP 9941 to July 27, 1999.
The motion passed unanimously.
SP 99-45 Britts Mountain - CV 147 - Request for special use permit to amend the antenna type on an
existing telecommunications facility in accordance with Section [10.2.2.6] of the Zoning Ordinance that
ARB-P(BP)-99-12 East Glenmore Antenna CV 226 -Review of a plan to construct a
telecommunications facility consisting of 120' wooden pole with three 6' panel antennas
and associated ground equipment.
Ms. Pickart presented the staff report, noting that this is a proposal to construct a new
teleeommunications facility, which would be situated approximately 330' north of Route
250E, near the intersection with Route 73 1. The proposal is for a wooden pole with three
panel antennas and associated ground equipment. Existing trees, topography, and
distance from the Entrance Corridors is expected to minimize visibility. The design of
the facility will also minimize visibility. Recommendation is for approval with 2
conditions.
Ms. Puopolo questioned the height of the pole.
Ms. Pickart stated that the height of the pole is approximately 120'. She pointed out that
the height of the pole should not exceed 7' above the elevation of the tallest tree.
Dick Shearer stated that the site will require a minimal amount of clearing.
Mr. Kessler moved for approval subject to the following conditions:
1. The antennas shall be painted or otherwise treated to match the pole in appearance.
2. Antennas shall be flush mounted to the pole.
Ms. Puopolo seconded the motion, which carried unanimously.
From: Bill Fritz
Sent: Monday, August 16, 1999 4:57 PM
To: David Benish; Ella Carey
Subject: CFW
I just received the attached photos which am submitted in support of the
following applications:
SP 99-38 Covesville (replaces SP 97-66)
SP 99-39 Bellair (rephces SP 97-67)
SP 99-40 Crossroads (rephces SP 98-08)
SP 99-41 Cook Mountain (replaces SP 98-07)
SP 99-45 Britts Mountain (rephces SP 97-19)
All of these applications am to convert whip antenna to panel antenna.
Attached am photos submitted electronically to me from CFW, One photo shows
the whip type antenna. The other photo shows how the panel attachment and
cap look on an existing wood pole.
You may want to forward these to the Board members.
Antenna tower top,jp8
Comparison,jp8
William D. Fritz, AICP
Development Process Manager
(80~) 296-5832
Fax (804) 972-4126
July 29, 1999
COUNTY OF ALBEMARLE
Department of Planning & Community Developn~)ARD OF SUPERVISORS
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
Dick Shearer
CFW Wireless
1150 Shenandoah Village Drive
Waynesboro, VA 22980
SP-99-38 Covesville (Tax Map 109, Parcel 9C)
SP-99-39 Bellair (Tax Map 76C, Section 2, Parcel 2)
SP-99-40 Crossroads (Tax Map 87, Parcel 7A)
SP-99-41 Cook Mountain (Tax Map 98, Parcel 22)
SP-99-45 Britts Mountain (Tax Map 75, Parcel 22)
Dear Mr. Shearer:
The Albemarle County Planning Commission, at its meeting on July 27, i999 took the following
actions:
SP-99-38 Covesville - By a vote of 3-2, recommended denial to the Board of Supervisors.
SP-99-39 Bellair - By a vote of 3-2, recommended denial to the Board of Supervisors.
SP-99-40 Crossroads - By a vote of 2-2-1, forwarded the above-noted petition to the Board of
· Supervisors with no recommendation.
SP-99-41 Cook Mountain -
Supervisors.'
SP-99-45 Britts Mountain -
Supervisors.
By a vote of 3-2, recommended denial to the Board of
By a vote of 3-2, recommended denial to the Board of
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on AUGUST 18, 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.
Page 2
July 29, 1999
If. you should have any questions or comments regarding the above noted action, please do not
..hesitate to contact me.
Sincerely,
V. ~,Vayn~berg '
Director of Planning ~ty Development
VWC/jcf
Cc: Ella Carey
Jack Kelsey
Amelia McCulley
Steve Allshouse
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:-
CFW Antenna Replacement
SUBJECT/PROPOSALfREOUEST:.
CFW Wireless proposes to replace whip antenna
with panel antenna at various locations in the
County.
STAFF CONTACTf S):
Mr. Fritz
AGENDA DATE: ITEM NUMBER:
Planning Commission: July 27, 1999
Board of Supervisors: August 18, 1999
ACTION: Yes INFORMATION: Yes
CONSENT AGENDA: No
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
CFW Wireless has constructed 5 "Treetop Height" facilities with whip type antenna on the 29 South 250 Bypass
corridor. These were the first "Treetop Height" facilities in the County. Recently CFW has submitted, and received
approval, of a number of "Treetop Height" facilities with panel antenna instead of whip antenna. Attached are
copies of the current legal ad and tax map identifying each site. A special use permit has been approved for each
site by previous actions. The applications under review are:
SP 99-38 Covesville (replaces SP 97-66)
SP 99-39 Bellair (replaces SP 97-67)
SP 99-40 Crossroads (replaces SP 98-08)
SP 99-41 Cook Mountain (replaces SP 98-07)
SP 99-45 Britts Mountain (replaces SP 97-19)
DISCUSSION:
All of the facilities affected by the proposed change in antenna design have a wooden p01e no taller than the talles
tree within 25 feet. A crossbar is located at the top of the pole and the antennas extend 10 feet above the pole. h
order to accommodate panel antenna, a 6 to 7 foot cap will be placed on top of each pole and the antenna mounte~
to both the cap and the wood pole. The cap diameter is slightly larger than the pole in order to fit. The cap an~
antenna are bolted to the existing wooden pole. The resulting facility will appear similar to those recently approve~
for CFW and Triton where the pole is permitted 7 feet above the treeline with the panel antenna extending 3 fee
above the trees. The antenna will-be mounted directly to the cap and existing* pole with no offset.
Panel antennas are more efficient than whip antenna in transmitting and receiving signals. Conversion from whi]
to panel antenna will allow for CFW to improve its coverage in the 29 South 250 Bypass corridor withou
constructing new facilities. (Staff does not mean to imply that no additional facilities will be needed. The switcl
in antenna type will improve the coverage possible with the existing facilities.)
RECOMMENDATION:
The change in antenna for these sites will not significantly alter the visibility of any of the sites. The panel ante~a
approach has become an accepted design in recent site approvals. The change in antenna will allow CFW to, :
efficiently broadcast and receive signals potentially reducing the need for sites to fill small voids in the CFW system
on Route 29. Due to these factors staff is able to recommend approval of all of these requests. Staff has attached
the original approval letter for each special use permit and noted the recommended change in conditions. Conditions
1 and 4 of each permit would be deleted and replaced with the following language:
The height of the tower shall not exceed 7 feet above the elevation of the tallest tree within 25 feet of the
tower. The applicant shall provide a certified statement on the height of the tallest tree. Antenna may extent
an additional 3 feet above the height of the tower.
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to two flush mounted panel antenna.
b. Satellite and microwave dish antennas are prohibited.
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclnlire Road
Charlotlesville, Virginia 22902-4596
(804) 296-5823
May 1, 1998
Larry Ryan
CFW Wireless
1150 Shenandoah Village Drive
Waynesboro, VA 22980
RE:
SP-97-66 CFW Wireless, CV 110, Covesville
Tax Map 109, Parcel 9C
Dear Mr. Ryan:
The Albemarle County Board of Supervisors, at its meeting on April 15, 1998, approved the
above-noted Please note that this approval is subject to the following conditions:
The tower height shall not exceed the height of the tallest tree within twenty-five
(25) feet of the tower. The applicant shall provide a certified statement on the
height 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:
The tower shall be of treated wood. Guy wires shall be not permitted.
b. The tower shall have no lighting.
c. The tower shall not be painted.
The tower shall be located on the site as shown on the attached plan entitled
"Tower Site for CFW Wireless CV-110" and initialed "WDF 1/29/98."
ALBEMARLE COUNTY
9e
SP 99-38 Covesville - Request for special use permit to amend the antenna type on an existing telecommunications
facility m accordance with Section [ 10.2.2.6] of the Zoning Ordinance which allows for radiowave transmission towers.
The property, described as Tax Map 109 Parcel 9C, contains 56.6 acres, and is located m the Scottsville Magisterial
District at the end of Lackey Lane [Route # 838] just east ofMonocan Trl. Rd. [Route #29]. The property is zoned RA,
Rural Areas. The Comprehensive Plan designates this property as Rural.
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Page 2
May 1, 1998
4. Antennas may be attached to the tower only as follows:
a,
Antenna shall be limited to two (2) fiberglass whip type antenna, not to
exceed seven (7) feet in height or three (3) inches in diameter.
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:
a,
The permittee shall allow wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these
conditions.
(l)
Prior to approval of a final site plan for the site or the waiver of the site
plan requirements, the permittee shall execute a letter &intent stating that
it will make a good faith effort to allow such location and will negotiate in
good faith with such other prorider 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 proriders
to locate on the tower and site in exchange for reciprocal rights on
a tower and site owned or controlled by another prorider within
A!bemarle County.
Each outdoor iuminaire shall be fully shielded such that all light emitted is
projected below a horizontal plane running though the lowest part of the luminaire.
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.
Lighting limited to periods of maintenance only.
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 County staff to remove existing trees on the site. The County
staff shall identify which trees may be removed for such construction or
Page 3
May 1, 1998
10.
11.
12.
13.
14.
15.
16.
installation. Except for the tree removal expressly authorized by County staff, 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.
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 of the tower
and shall identify each user that is a wireless telecommunication service provider.
Minimum allowable radius for horizontal curvature of the access road shall be forty (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 seventy-five (75) feet in cross section.
No fencing shall be erected.
Any equipment located on the ground shall be painted dark green or brown.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department.
Before the Zoning Department will issue a clearance, you must comply with the conditions in this
letter. For further information, please call Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
V. Wayne Ci
Director of y
VWC/jcf,
Development
~ SP 99-39 Bellair - Request to replace two whip antennas with two panel antennas on an existing telecommunications ~-'-',,'-.
tower in Bellair Subdivision. The property, zoned R1, Residential (1 dwelling unit/acre) and EC, Entrance Corridor, and -':
described as Tax Map 76C Section 2 Parcel 2, is located on the west side of the Route 29 By-Pass (Monacan Trail),
approximately one half mile south of the intersection of Routes 29 and 250 West (Ivy Road) in the Samuel Miller =
" Magisterial District. This site is located in Neighborhood Six, and recommended for Neighborhood Density Residential
r (306 dwelling units/acre) in the Comprehensive Plan.
""-, ' ~:' SAMUEL MILLER SCOTTSV1LLE
May 1, 1998
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
40] Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Larry Ryan
CFW Wireless
1150 Shenandoah Village Drive
Waynesboro, VA 22980
SP-97-67 CFW Wireless, CV 142, Bellair Subdivision
Tax Map 76C, Secton 2, Parcel 2
Dear Mr. Ryan:
The Albernarle County Board of Supervisors, at its meeting on April 15, 1998, approved the
above-noted Please note that this approval is subject to the following conditions:
The tower height shall not exceed the height of the tallest tree within twenty-five
(25) feet of the tower. The applicant shall provide a certified statement on the
height 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 of treated wood. Guy wires shall be not permitted.
b. The tower shall have no lighting.
c. The tower shall not be painted.
The tower shall be located on the site as shown on the attached plan entitled
"Tower Site for CFW Wireless CV- 142" and initialed "SET 1 / 15/98."
Page 2
May 1, 1998
Antennas may be attached to the tower only as follows:
a,
Antenna shall be limited to two (2) fiberglass whip type antenna, not to
exceed seven (7) feet in height or three (3) inches in diameter. The
antenna type shall be as shown on a plan title "611 Mini Cell Site View';
initialed "SET 1 / 15/98 ".
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 proriders, as follows:
The permittee shall allow wireless telecommunications proriders to locate
antennas on the tower and equipment on the site, subject to these
conditions.
(l)
Prior to approval of a final site plan for the site or the waiver of the site
plan requirements, 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 proriders
to locate on the tower and site in exchange for reciprocal rights on
a tower and site owned or controlled by another prorider 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 luminaire.
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.
Lighting limited to periods of maintenance only.
Prior to beginning construction or installation of the tower, the permittee shall
obtain authorization' from County staff to remove existing trees on the site. The
County staff shall identify which trees may be removed for such construction or
10.
11.
12.
installation. Except for the tree removal expressly authorized by County staff, the
permittee shall not remove existing trees.
The permittee shall comply with section 5.1.12 of the Zoning Ordinance.
The access road extension shall be of minimum construction and dimension to
accommodate service vehicles. Should installation of the tower require provision
of greater access improvements, these improvements shall be removed or reduced
after installation is completed.
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 no later
than July 1 of that year, identi~ing the users and purposes for which the tower is being
used;
13.
14.
At least twelve (12) bayberries or native hollies shall be planted around the facility.
No fencing shall be erected.
15.
Any equipment on the ground shall be painted dark green or brown.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department.
Before the Zoning Department will issue a clearance, .you must comply with the conditions in this
letter. For further information, please call Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Development
cc: Jack Keisey
Amelia McCulley
David & Carolyn Holmes
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July 13, 1998
COUNTY OF ALBEMARLE
Dept. o[ Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Larry Ryan
CFW Wireless
1150 Shenandoah Village Drive
Waynesboro, VA 22980
RE: SP-98-08 Crossroads
Tax Map 87, Parcel 7A
Dear Mr. Ryan:
The Albemarle County Board of Supervisors, at its meeting on July 1, 1998, approved the
above-noted petition. Please note that this approval is subject to the following
conditions:
The elevation at the top of the tower shall not exceed the height of the tallest tree
within twenty-five (25) feet down slope of the tower. The applicant shall provide
a certified statement on the height of the tallest tree. Antenna may extend seven
(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:
The tower shall be of treated wood;
Guy wires shall not be permitted;
The tower shall have no lighting; and
-The tower shall not be painted.
3. The tower shall be located on the site as follows:
a,
The tower shall be located as shown on the attached survey entitled
"Tower site for CFW Wireless CV-143, dated Revised June 30, 1998."
Antennas may be attached to the tower only as follows:
a,
Antenna shall be limited to a maximum of two (2) fiberglass antenna not to
exceed seven (7) feet in height or three (3) inches in diameter. These antenna
shall be painted brown or a color to match the pole; and
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 prorider 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 proriders 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 through the lowest part of the shield or shielding part of
the luminaire. 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 thelight, to
position and protect the lamps, and to connect the lamps to the power supply. Outdoor
lighting shall be limited to periods of maintenance only.
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.
,
/10'
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications 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 of the tower and shall
identify each user that is a wireless telecommunications service provider.
11.
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet.
12.
No slopes associated with construction of the tower and accessory uses shall be created
that arc steeper than 2:i unless retaining walls, rcvetmcnts, or olher stabilization
measures acceptable.to tile County Engineer are employed; .
13. Tile access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter.
14. The access road shall disturb no more than seventy-five (75) feet in cross section.
15. All other equipment shall be painted brown.
16. All lighting shall be shielded from Route 29.
17. Electric power lines shall bc buried; and
18.
Prior to any construction the site shall be field verified by the Planning Director to assure
it is in the location identified by the agreement of the property owner, applicant and
County staff
In the event that the use,. structure or activity for which this special use permit is issued shall not
be commenced within eighteen (18) months after the issuance of such permit, the same shall be
deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes
of this section, the term "comn~enced"shail be construed to include the commencement of
construction of any structtn'e necessary to the use of such permit within two (2) years from the
date of the issuance thereof which is thereafter completed within one (i) year.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department.
Before tile Zoning Department will issue a clearance, you must cornply with the conditions in
this letter. For fi. mher information, please call Jan Sprinkle at
296-5875.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
VWC/jcf
Cc: Amelia McCulley
Jack Kelsey
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ALBEMARLE COUNTY
SP 99~41 Cook Mountain - Request for special use permit to amend the antenna type on an existing telecommumcations
facility in accordance with Section [10.2.2.6] of the Zoning Ordinance which allows for radiowave transmission towers.
The property, described as Tax Map 98 Paxeel 22, contains 49 acres, and is located in the Samuel Miller Magisterial
District on the east side ofThackers Ln. [Route # 804] just east ofMonocan Trl. Rd. [Ro~te #29]. The property is zoned
RA, Rural Areas. The Comprehensive Plan designates this property as Rural
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SAMUEL MILLER
DISTRICT
D~S~'R!CT
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SECTION 98
June 4, 1998
COUNTY OF ALBEM ARLE
Dept, of Banning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Lamj Ryan
1150 Shenandoah Village Drive
Waynesboro, VA 22980
RE: SP-98-07 CFW Wirclcss (Cook Motretain) '
Tax Map 98, Parcel 22
Dear Mr. Ryan:
The Albcmarlc Cotmty Board of Supervisors, at its meeting on May 20, 1998, approved the above-noted
rcqucst by CFW in accordance with provisions of Section 10.2.2.(6) to allow the construction of a
telccommunications facility. Please notc that this approval is subject to the following conditions:
1. The elevation at the top of the towcr shall not cxcccd the height of the tallest tree within twenty-five
(25) feet of the tower. The applicant shall provide a certified statement on the height of the tallest
tree. Antenna may extend seven (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 of treated wood;
b. Guy wires shall not be pemflted;
c. The tower shall have no lighting; and
d. The tower shall not be painted.
3. The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan entitled "Tower site for CFW
Wireless CV-144" and initialed "WDF 4/6/98".
10.
Antennas may be attached to the tower only as follows:
a,
Antenna shall be limited to a maximtml of two (2) fiberglass antenna not to exceed seven (7)
feet in height or three (3) inches in diameter. These antenna shall be painted brown or a
color to match the pole; and
b. Satellite and microwave dish antennas are prohibited.
The tower shall be used, or have tile potential to be used, for the colocation of other wireless
telecotnmnnications providcrs, as follows:
a,
The permittee shall allow 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; and
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 a good
faith effort includes, but is not limited to, evidence that the permittee has offere~l to
allow other proriders to locate on the tower and site in exchange for reciprocal
rights on a tower and site owned or controlled by another provider within Albemarlc
County.
Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a
horizontal plane running ticrough the lowest part of the luminaire. 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. Lighting limited to periods of maintenance only;
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 ar~a
shall not be required;
The tower shall be disassembled and removed from the site within ninety (90) days of the date its use
for wireless commnnications purposes is discontinued;
TIle permittee shall submit a report to the Zoning Adv.~iuistrator once per year, by not later than July
1 of that year. The report shall identify each user of file tower aid shall identify each user that is a
wireless telecommunications service provider;
11. Minimum allowable radius for horizontal curvature of the access road shall be forty (40) feet;
12.
No slopes associated with construction of the tower and accessory uses shall bc created that arc
steeper than 2:1 unless retaining walls, rcvctmcnts, or other stabilization measures acceptable to the
County Engineer arc cmpl0ycd;
13. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
14. The access road shall disturb no !note than sevcnty-iive (75) feet in cross section;
15.
16.
17.
All other equipment shall be painted brown;
All lighting shall bc shielded from Route 29; and
Electric power lines shall be buried.
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this sectloft, the
term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuanc,~ thereof which is
thcrca~er completed within one (1) year.
Before beginning this use, you n~ust obtain a zoning clearance from the Zoning Department. Before the
Zoning Deparm~ent will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5875.
If you should have any questions or conwacnts regarding the above-noted action, please do not hesitate to
contact mc.
Sincerely,
VWC/jCf
cc: Amelia McCullcy
Jack Kcisey
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SAMUEL MILLER D/STRICT, ALBEMARLE CO., VA.
SCAL E: I · = 50' FEB. I I, 1998
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ALBEMARLE COUNTY
SP 99-45 Britts Mottotara - Request for special use p¢~t to ~¢ad ~e ~t¢~a ~¢ oa ~ ¢xis~ tei¢co~icafioa:
facili~ m accord~ce wiffi Section [10.2.2.6] offfie Zo~g ~din~nce w~ch allows for ra~owave ~s~ssion towers.
~e prope~, desc~bed as Tax Map 75 Pamel 22, conm~ 34.7 acres, ~d is located m ~e S~uel Miller Mag~te~al
Dis~ct on ~e east side of Monac~ Trl. Rd. [Route ~ 29] 1.9 ~es souffi of I-~. ~e prope~ is zoned ~,
Areas ~d EC, Entice Comdor Overlay Dis~ct. ~e Comprehemive PI~ designates ~s prop~ as R~al.
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May 1, 1998
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Larry Kyan
CFW Wireless
1150 Shenandoah Village Drive
Waynesboro, VA 22980
SP-97-19 CFW. Wireless~ CV 120, Britts Mountain
Tax Map 75, Parcels 22 and 23
Dear Mr. Ryan:
The Albemarle County Board of Supervisors, at its meeting on April 15, 1998, approved the
above-noted Please note that this approval is subject to the following conditions:
The tower height shall not exceed the height of the tallest tree within twenty-five
(25) feet of the tower. The applicant shall provide a certified statement on tile
height 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 of treated wood. Guy wires shall be not permitted.
b. The tower shall have no lighting.
c. The tower shall not be painted.
TIle tower shall be located on the site as shown on the attached plan entitled
"Tower Site for CFW Wireless, CV-120" and initialed "WDF 1/29/98."
4. Antennas may be attached to the tower only as follows:
a,
Antenna shall be limited to two (2) fiberglass whip type antenna, not to
exceed seven (7) feet in height or three (3) inches in diameter.
b. Satellite and microwave dish antenna~ are nrr~hihif~,d
Page 2
May 1, 1998
o
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 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 requirements, 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 prorider 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.
,
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 luminaire.
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.
Lighting limited to periods of maintenance only.
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 County staff to remove existing trees on the site; The County
staff shall identify which trees may be removed for such construction or
installation. Except for the tree removal expressly authorized by County staff, the
permittee shall not remove existing trees within two hundred (200) 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.
,
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.
10.
The permittee shall submit a report to the Zoning Administrator once per year, by no later
than July 1 of that year. The report shall identify each user ofthe tower and shall idemify
each user that is a wireless telecommunication service prorider.
Page 3
May 1, 1998
11.
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet.
12.
No slope 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.
13. The access road shall be built with side slopes on cut and fill slops at 2:1 or flatter.
14. The access road shall disturb no more than seventy-five (75) feet in cross section.
15. No fencing shall be erected.
16. Any equipment on the ground shall be painted dark green or brown.
17. All lighting shall be shielded from Route 29.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department.
Before the Zoning Department will issue a clearance, you must comply with the conditions in this
letter. For further information, please call Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
V~Z~~erg
Development
Jack Keisey
Amelia McCu!!ey
David & Carolyn Holmes
/
/
ARB'P(BP)-99~.I3 Covesvffie Antenna CVI41; ARB, P(BP)~99-14 Bellair Antenna
~f~?~:~.~.,P),99~t~Crossroads Antenna C~,.t43;~ and ~P(BP~,9~-~ 6
~.~s::Moun~~fina CV 147- Prelimin~ review
2 w~p ~te~ on each existing pole wiffi 2 p~el ~te~
Ms. Pickart presented the staff report, noting that'each of these proposals calls for the
replacement of existing 6' whip antennas with 2 panel antennas. Each panel measures
about 6'10" high, 10.6" wide, and 2" deep. The panels would be mounted to a Y'
galvanized pole. The panel/pole unit would be mounted to a cap, and the cap would be
mounted on the top of the existing wood pole. All new equipment would be painted to
match the wood pole. She pointed out that the color illustration--not the drawings--
show the correct proposed mount. She stated that the proposal is not expected to change
the impact of the Entrance Corridors.
Mr. Michel asked if staff was suggesting that these projects be approved for final. Ms.
Pickart said "yes".
Mr. Michel noted that there are two whip antennas and now they will be together.
Ms. Puopolo questioned the height of the antennas.
Ms. Pickart indicated that the antennas would rise approximately 7' above the tops of the
trees.
Ms. Puopolo stated that the existing antennas are 6' tall; the proposed antennas are 7' tall.
Dick Shearer presented a picture of the existing antennas. He pointed out that they are
not asking for additional height. He noted the need to get the cable straight up to the
bottom of the panel. He noted the change in technology since 1997, pointing out that
these panels were not available in 1997.
Mr. Michel stated that he hopes that there will not be additional requests for changes in
these antennas in the next six months or year.
Mr. Shearer stated that he would like to think that changes in technology would only
improve the situation.
Ms. Puopolo moved for approval ofARB-P(BP)-99-13 Covesville Antenna CV 141;
ARB-P(BP)-99-14 Bellair Antenna CV 142; ARB-P(BP)-99-15 Crossroads Antenna
CV 143; and ARB-P(BP)-99-16 Britt's Mountain Antenna CV 147, subject to the following
condition:
1. All new equipment shall match the wood poles in color.
Mr. Kessler seconded the motion, which carried unanimously.
August 5, 1999
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Robert W. Tucker, Jr
County Executive
401 Mclntire Road
Charllottesville, VA 22902-4596
RE:
ZMA-99-05 Mill Creek Industrial- Tax Map 76M1, Parcel 19
ZMA-99-06 Mill Creek Industrial --Tax Map 76M1, Parcel 19
Dear Mr. Tucker:
The Albemarle County Planning Commission, at its meeting on August 3, 1999, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following recommendations:
ZMA-99-05 Mill Creek Industrial - Withdrawal of the 6-acre site would not adversely affect the
integrity or future development of the Mill Creek PUD. As opposed to requirement of the Mill Creek
Industrial land Trust to submit a revised Application, the Zoning Administrator may cause the
application Plan to be revised by appropriate notation. This action does not affect existing zoning
conditions and agreements.
ZMA-99-06 Mill Creek Industrial - Usage of the site for a juvenile detention facility is consistent with
the Comprehensive Plan and recommends to the Board of Supervisors that designation of the site as
R-l, Residential is consistent with other public uses in the area and offers advantages in terms of
flexibility regarding economical and environmental efficiencies to future development.
Please be advised that the Albemarle County Board of Supervisors will review tipis petition and receive
public comment at their meeting on August 18, 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,
Cc:
Ella Carey
Jack Kelsey
Roxanne White
Amelia McCulley
Steve AIIshouse
Mill Creek Industrial Land Trust
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
RON KEELER
AUGUST 3, 1999
AUGUST 18, 1999
ZMA-99-05
ZMA-99-06
MILL CREEK INDUSTRIAL
(APPLICANT: MILL CREEK INDUSTRIAL LAND TRUST)
MILL CREEK INDUSTRIAL
(APPLICANT: BLUE RIDGE JUVENILE DETENTION COMMISSION)
Applicants' Proposals:
The Blue Ridge Juvenile Detention Commission proposes location of a juvenile detention facility
on 6.06 acres currently zoned PUD Planned Unit Development and designated for industrial use.
The first zoning petition (ZMA-99-05) seeks to withdraw this 6 acres from the PUD. The second
petition (ZMA-99-06) requests that the land be zoned R-1 Residential.
Petitions:
ZMA-99-05 MILL CREEK INDUSTRIAL: Request to reduce the area of an approved PUD
Planned Unit Development by removal of 6.06 acres designated for industrial and open space to
allow rezoning 6.06 acres under ZMA-99-06. The property, described as Tax Map 76M1, Parcel
19, is located in the Scottsville Magisterial District on Avon St. Ext. [Rte. # 742] west and
adjacent to the National Guard Armory. The Comprehensive Plan designates this property as
Industrial Service and Institutional in Urban Neighborhood Four.
ZMA-99-06 MILL CREEK INDUSTRIAL: Request to rezone 6.06 acres from PUD Planned
Unit Development to Ro 1 Residential. This is the same property as described above under ZMA-
99-05.
RECOMMENDATION:
Staff recommends approval of ZMA-99-05 and ZMA-99-06
Character of the Area:
This site is bordered by 1-64 and the Albemarle-Charlottesville Regional Jail on the north. On
the east is the National Guard Armory. To the west and south are properties designated for
industrial use in Mill Creek PUD which include Federal Express, Carolina Builders and Bartlett
Tree Service.
Planning and Zoning History:
May, 1986- The Board approved ZMA-85-29 which established Mill Creek PUD. The area
under consideration in these zoning petitions was designated for industrial and open space as a
result of Planning Commission deliberation.
February, 1990- The Board approved ZMA-89-22 which modified the required buffer around a
portion of the industrial area (The area under review was not affected by this modification).
July, 1995- The Board approved rezoning of 80 acres zoned LI Light Industrial or designated for
industrial use under PUD designation to residential designation under PUD. This allowed
development of Foxcroft.
February, 1996- The Board. approved rezoning of about 23 acres from LI, Light Industrial to PUD
for industrial usage (This land was not controlled by Mill Creek at time of original PUD
designation). In the same action, the Board approved commercial/service for about 2 acres which
allowed location of a day care/preschool use.
February, 1997- The Board approved rezoning of about 5 acres from PUD industrial designation
to PUD commercial/service to allow location of a private school.
Comprehensive Plan:
Industrial and Institutional uses are recommended in the Comprehensive Plan in this area and,
therefore, either designation would be appropriate. The Open Space Plan does not identify any
areas on this site as sensitive to development.
Staff would recommend that approval of these rezoning petitions be accompanied by a finding
that location of a juvenile detention facility on this site is consistent with the Comprehensive
Plan.
STAFF COMMENT:
While two rezoning petitions are processed primarily for record-keeping purposes, staff has
prepared one report. If the petition to allow withdrawal of land from the PUD fails, the petition
to rezone to R-1 cannot be approved. Likewise, if the withdrawal is approved, some zoning'
designation needs to be applied (NOTE: A designation more intensive than R-1 Residential
would require re-advertisement and additional notice).
ZMA-99-05: As to withdrawal of the 6 acres from Mill Creek PUD, the zoning ordinance
provides guidance for adding land to a PUD, but not for withdrawal (italics added)- "Land may
be added to an established PUD district if it adjoins and forms a logical addition to the approved
development." Staff recommends that withdrawal of this site would be a logical deletion for the
following reasons:
1. Land area and open space requirements of the remaining area of the PUD would be consistent
with zoning regulation.
2. The site is on the perimeter of the development and removal would not adversely affect the
development pattern of the PUD.
3. In terms of access and circulation, this site has no platted internal access to the remainder of
the PUD. Access is by a 60-foot right-of-way to Avon St. Ext. This access is situated between
the Joint Security Complex and the National Guard Armory. In the past, VDOT and the County
Staff have sought consolidation of access among these three sites. Under current circumstances
such combined access would involve two public agencies and a private landowner. Regarding
the current rezoning petitions, VDOT has commented that:
The entrance to this site must meet VDOT standards for commercial
entrances to State Highways. The proposed entrance may not meet
this standard, as it is very close to the nearby entrances to the National
Guard and the Albemarle-Charlottesville Regional Jail. The close
proximity of these three driveways will produce an unsafe situation along
Avon Street Ext. Therefore, it may be required that the proposed site
combine driveways and utilize one combined entrance with the National
Guard and the Jail site. The Jail entrance will soon be modified as part
of their current construction project.
A left turn lane will be required along Avon Street Ext.; it should be
configured as a back-to-back left turn lane in conjunction with the
existing left turn lane into the Lakeside Apartments at Swan Lake Drive.
A consolidated entrance to serve the National Guard Armory, Albemarle-Charlottesville
Regional Jail and proposed Juvenile Detention Facility is being pursued at this time.
4. The original designation of this site was for an industrial site and open space. The open space
area was intended to include critical slopes not deemed to be appropriate for industrial site
development (Attachment C contains excerpts from Commission minutes and correspondence
related to this issue). Current and more detailed topographic information shows much less
presence of critical slope on the site (Attachment D contains topographic information from the
original PUD plan as compared to current information). Preliminary planning for the Juvenile
Detention Facility would incorporate much critical slope area into stormwater facilities which is
not uncommon and does not require waiver, however, some building development and other
improvements would require Planning Commission waiver.
Summary: ZMA-99-05: Withdrawal of the 6 acre site would not be detrimental to the integrity
of the PUD. To the contrary, current access provisions are not internalized to the PUD and are
somewhat complicated by public agency and private ownership issues related to consolidation of
entrances to Avon St. Ext. Withdrawal (and approval of ZMA-99-06 to R-l) would make more
of the site available to development, particularly with critical slope waiver.
ZMA-99-06: Public uses are allowed in all zoning districts, subject to tinding of compliance
with the Comprehensive Plan. As to designation of the property with R-1 Residential zoning,
staff analysis is provided in the context of affect on adjoining properties and intended usage:
1. The Zoning Administrator has determined that designation of the site as R-1 Residential will
not adversely affect the Mill Creek PUD industrial areas as to setback or otherwise.
2. The existing Albemarle-Charlottesville Regional Jail and National Guard Armory are zoned
R-1 Residential and designation of this site as R~I Residential would be in keeping with existing
zoning of other public uses in the area.
3. R-1 Residential zoning would provide for flexibility as to setback from and, perhaps usage of
tindeveloped adjoining public properties with the potential for more economical use of public
funds. This could also allow for lesser encroachment into areas of critical slope.
Summary: ZMA-99-06: Approval of R-1 Residential zoning would not adversely affect
adjoining properties. R-1 Residential zoning would be consistent with zoning of adjoining
public properties and would potentially allow for more environmentally and economically
sensitive usage of public land. '
RECOMMENDED ACTIONS:
ZMA-99-05: Staff recommends that the Planning Commission recommend to the Board of
Supervisors that withdrawal of the 6-acre site would not adversely affect the integrity or future
development of the Mill Creek PUD. As opposed to requirement of the Mill Creek Industrial
Land Trust to submit a revised Application Plan, the Zoning Administrator may cause the
Application Plan to be revised by appropriate notation. This action does not affect existing
zoning conditions and agreements.
ZMA-99-06: Staff recommends that the Planning Commission determine that' usage of the site
for a juvenile detention facility is consistent with the Comprehensive Plan and recommend to the
Board of Supervisors that designation of the site as R-1 Residential is consistent with other
public uses in the area and offers advantages in terms of flexibility regarding economical and
environmental efficiencies to future development.
ATTACHMENTS
Attaclhment A-
Attachment B-
Attachment C-
Attachment D-
Location Map
Tax Map
Excerpts from Plarming Commission consideration of ZMA-85-29
Topographic Information: ZMA-85-29 and ZMA-99-05/ZMA-99-06
680
!
Proh~
ATTACHMENT A
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~MA-99'06 Creek Industrial, Route 742
_~_MA-996~' Mill (~;el~;,~ustrial, Route 742~
1 ~'~8 11'67- ,, F.T. ,
ALBEMARLE COUNTY. ATTACHMENT B
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SEE SEC,7~MU)
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C~-~6'iH C~k Iade~al. Route 742
~-~5 Ig Crek Indeed. Route 742
RNAN NA AND
SCOTTSVILLE DISTRICTS
31
· ~'-""',""' SECTION
,/anuary 21, 1986
!'.:/ Mr. Bowerman stated he was sympathetic to Mr. Gilliam's
· comments; however he stated "We have dealt with things like
this inthe past and we have given approvals were plans were
not worked out totally, and we have run into serious problems
after the fact. One of the concerns you are hearing here
tonight is that some of the information that we don't have we
feel is critical., It might alsobe that some of what
has been proposed is not acceptable to all Commissioners."
ATTACHMENT
Page i2
Ms. Diehl commented, "I agree with what has been stated already,
that it is too nebulous in its present form for me to be
comfortable with it and approve it. I am concerned about
getting some more concreteinformation about the water and.
.2.2.2.2.E.2.2. the sewer. I couldn't support a PUD that is going to increase
~.i.~.i-i-2-i.i. traffic generation to the extent that the proposed plan does.
....... The 3 to 4 times generation is going to change the road from
~tolerable to non-tolerable. I could not support that. I can't
...............support the industrial zoning that is requested when I look
· iiiiiii2ZiZiiiat the topographical map and see the slopes' that are involved
....... in most of the acreage that is requested to become industrial.
I don't think that land is .appropriate to use in that fashion.
I think that this area is already served commercially and I
couldn't agree to adding more commercial zoning in this:
region until a PUD or a large subdivision was built in the
general area to suppo~it. So I couldn't support commercial
zoning prior to the development of the PUD, especially since
we have just approved a large shopping center in the southern
area of town. I think that the area will be adequately served
until a large community like this is developed. I am concerned
also because I don't see a.sensitivity to the particular
environmental situation of the adjacent neighbor, Lake Reynovia,
in siting of a number of these house lots. I don't think Reynovia
is your standard neighbor; I think this is a development where
the livelihood, the business, would be directly affected by
some of the placing of those houses, and I would like to see.
some sort of sensitivity to that fact and adjustment of the house
lots that would impact on Reynovia."
t
Mr. Gould stated he felt this "was here much to early." He
added, "I really don't think that the Commission, which is
supposed to be acting in the best interests of the County,
should have the burden of approving something and then being
faced with terrible compromises later on, which has already
been experienced in a number of situations before. I would
certainly move for deferral until we have better information.
Secondly, there is no way that I would support asking for the
waiver on the commercial, and I never agreed with the
development study that suggested there was a'needfor more ,
commercial. I thought that that study was flawed and that
there were serious problems with it, so I couldn't support
that part of it. Again, I have the continual' problem of the
road situation which will probably make it very hard for me
to support it in the end anyway."
January 21, 1986 Page 14
Mr. Bowerman thus concluded that the commercial proposal
was the major traffic generator.
Mr. Stark moved that ZMA-85-29 for Lake Reynovia (Forest Hills)- PUD
(Daley Craig) be.indefinitely deferred.
~'.i'2']'].]~2Mr. Wilkerson seconded the'motion.
In an attempt to clarify the industrial issue, Mr. Keeler.
.].~]......]..~a~d, "Some of the earlier plans had acreages noted as to
~-2~.].i.2.2-]-]developable area and open space, etc., but it wasn't really
i'i~--........-delineated in the plan so we asked them to take that off."
Since there was some question as to whether or not
industrial areas 1 and 2 were acceptable, Mr. Keeler stated
that "if you leave that under existing zoning it would
be Ri." Therefore, he asked, "Am I to read what you're
talking about, you~ concern of the industrial is that only
those areas that"are'appropriate'for' development be'susceptible
to development and the rest of it be shown as open space,
because we've got to show it as something?"
The Commission replied affirmatively. .
The previously stated motion for indefinite deferral was
passed unanimously.
Of ALEg . 4, '
DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT
401 Mclntlre Road
Charlottesville, VA 22901-4596
804 296-5823
February 27, 1986
Mr. S. Daley Craig
Craig Builders
338 Rio Road
Charlottesville, VA 22901
RE: ZMA-85-29 Forest Hills PUD
Dear Mr. Craig:
You have requested that Forest Hills PUD be rescheduled
for Planning Commission public hearing at the earliest possible
date, which would be April 1, 1986. I have spoken with Estelle
Neher and April 16, 1986 is an available Board date. You may
submit additional supporting materials and plans at anytime,
however, staff will be unable to review or comment on materials
submitted after_March 7, 1986.
In regard to the plan submitted on February 18, 1986:
References to the Service Authority installing the sewer
line have' not been deleted as was requested at the Planning
Commission public hearing of January 21, 1986;
The areas shown as 25% slope are highly generalized;
The plan summary proposes "net buildable area" and "open
space" within the industrial area, however, these areas are
not delineated on the plan;
All references to floor areas should be deleted as was
previously requested;
Any access to be provided to the Lake Reynovia property
should be shown on the plan.
No transportation analysis plan was requested of you in review of
this petition, however, the Planning Commission requested such
information at their hearing. The Planning staff will prepare
this information. Should you have any questions, please do not
hesitate to contact me.
Sincerely,
Ronald S. Keeler
Chief of Planning
RSK/jcw
cc: Ms. Lettie E. Neher
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County of Albemarle
D.B. 330 - 463,466 Plat
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EXISTING 60' R/W
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Commonwealth of Virginia
D.B. 352 - 194
D.B. 502 - 269,274 Plat
MILL CREEK INDUSTRIAL PARK
SCALE :r' = I00' DATE: 11-17-89
REV. :1-25-90
REV, :4-26-90
From: i
Subjecl:: Reading List for August t& 1999
Illf~e: August i 2, 1999
March I 0 (A), 1997 - Ms. Thomas
Apr/I 2 I, 1999 - Ms. Thomas
June 2, ~999 - Mr. Martin
June 9, ~999 - Mr. Bowerman
July 2 I, 1999 Ms. Humphris
TJVenture Meetjngs (May I, May 8, May 15, May 22, May 28, June 26 and
October 2, 1997,) - Ms. Thomas
/ewc
David P. Bowerman
Charlott~ Y. Humphris
Forrest [L Marshall, Jr.
COUNTY OF ALBEMARI F-
Office of Board of Supervisors
401 Mdnfim Road
Charlottesville, V~rginia 22902-4596
(804} 295-5843 FAX (804) 296-5800
August 18, 1999
Charles S. Martin
Rivanna
Walter E Penkins
Sally H. Thomas
Samuel grief
The Honorable Thomas J. Bliley, Jr.
U.S. House of Representatives - 7tn District
2409 Raybum HOB
Washington, D.C. 20515
Dear Congressman Bliley:
Thank you for your recent visit to Albemarle County and your continued interest in the issues facing
our community. Your presence in the County this past week certainly demonstrates your
commitment to the area and its needs.
As I discussed with you during your visit, the Board of Supervisors recently received information
regarding the Virginia Department of Transportation's plans to erect up to eight telecommunication
towers ranging from 80 to 200 feet tall within the right-of-way of Interstate 64 in Albemarle County.
The Board of Supervisors is very concerned about these proposals and has adopted a strong
resolution opposing them, which I have enclosed for your review.
The Board has worked diligently to protect the character of Albemarle County and to improve the
health, safety and general welfare of the community through good planning and zoning practices.
The towers proposed are not necessary for the purposes of VDOT or for the provision of personal
wireless services and will significantly change the visual quality of the County. Interstate 64 is an
entrance corridor within Albemarle, and the Board has adopted spechl regulations to protect the
corridor and to preserve its natural, scenic, historic, architectural and cultural resources to attract
tourists and other visitors, and to sustain and enhance the very significant economic benefits accruing
to the County from tourism.
It is the County's position that the proposed towers are subject to local land use regulation. As you
are well aware, The Telecommunications Act of 1996 expressly preserved the Board of Supervisors'
zoning authority over the placement and construction of wireless telecommunications facilities. (47
U.S.C.§ 332(C)(7)(A)) As the attached information indicates, Virginia Code also requires local
review and approval prior to the placement of these facilities. (§ 15.2-2293, 33.1-183.1) In spite of
this fact, local approval has yet to be requested by VDOT.
Printed on recycled paper
The Honorable Thomas J. Bliley, Jr.
August 18, 1999
Page 2 of 2
The County has supported the wireless telecommunications industry, and has been fortunate that
some wireless service providers active in Albemarle County are cooperating with us and developing
wireless infrastructures in ways that are consistent with our land use policies and regulations. These
wireless service providers have used innovative strategies and technologies, and their requests for
special use permits for such facilities typically have been swiftly approved with little or no citizen
opposition. It has become apparent to the County that technological advances have made tall towers
unnecessary to reasonably and feasibly provide wireless services. Tall towers are inconsistent with
the County's land use policies and regulations, and frequently generate significant citizen opposition
because of their impacts. The County, its citizens, and some of the wireless service providers active
in Albemarle County have gone to great lengths to prope~y plan for the deployment of the wireless
infrastructure in a manner that preserves and protects the County's resources. Unnecessary, tall and
poorly located telecommunications towers, established for the sole purpose of generating revenue for
a state highway program, will have a devastating impact on the County and its citizens, and will
undermine the County's land use policies regarding towers throughout Albema~e County.
The County and its citizens must be allowed to actively participate in, and act upon, such important
local land use decisions. We, not the Commonwealth Transportation Board, VDOT or the absentee
wireless service providers who will erect and occupy the towers, have a vested interest in
determining the character of our community and how it will develop. We must live with the
consequences of those towers. Our substantial interests aside, we submit that a string of tall
telecommunications towers along Interstate 64 says nothing positive about the Commonwealth as a
preserver of its history or a steward of its lands.
Because of your important role in the development of the federal legislation regulating
telecommunication towers and its requirement for local review, the County requests that you support
our position that none of the proposed tall telecommunications towers be erected within the Interstate
64 fight-of-way in Albemarle County. We strongly believe that local involvement is both required
by law and reasonable given the importance Albemarle citizens have placed on the quality of life in
our area.
Thank you for your consideration of this very important issue.
CYH/
99-2
Cc:
Albema~e County Board of Supervisors
Mr. Robert W. Tucker, Jr., County Executive
Sincerely,
h
Albemarle County Board of Supervisors
COUNTY OF ALBEMARLE
Office of County Executive
401 McIntire Road
Cha~ottesville, Virginia 229024596
(804) 296-5841 FAX (804) 9724060
FAX: (804) 296-5800
June 17,1999
The Honorable Shirley J. Ybarra
Secretary of Transportation
Commonwealth of Virginia
1401 E. Broad Street, Room 414
Richmond, Virginia 23219
Dear Secretary Ybarra:
We recently received notice from the Virginia Department of Transportation that several 250-feet
tall 'telecommunication towers are being proposed within the right-of-way of Interstate 64 in
AIb6marle County. While the timing for response to these proposals has been very short, we do
plan to provide comments on this matter in the very near future. However, the Albemarle County
Board of Supervisors is very concerned about these most recent proposals and has adopted the
attached resolution opposing the Virginia Department of Transportation's and the Commonwealth
Transportation Board's proposal.
We work diligently to protect the character of Albemarle County. The type of towers proposed will
significantly change the visual quality of the County. At a minimum, we urge you, the Virginia
Department of Transpo~ation, and the Commonwealth Transportation Board to take no action on
these proposed towers until the Virginia Supreme Court decides the case, Board of Supervisors
v. Washington, D. C. SMSA, which challenges the authority of the Virginia Department of
Transportation to construct such towers without local approval.
Thank you for your immediate consideration of this matter and if you should have any further
questions, please do not hesitate to contact me.
RWT,Jr/dbm
99.031
Attachment
Sincerely,
Distribution List:
The Honorable James S. Gilmore, III
The Honorable John W. Wamer
The Honorable Chades S. Robb
The Honorable Thomas J. Bliley, Jr.
The Honorable Virgil H. Goode, Jr.
The Honorable Emily Coudc
The Honorable Mitchell Van Yahres
The Honorable Paul C. Harris
Commissioner David R. Gehr
Commonwealth Transportation Board
Albemarle County Board of Supervisors
RESOLUTION CONDEMNING THE PLAN OF THE VIRGINIA DEPARTMENT OF
TRANSPORTATION AND THE COMMONWEALTH TRANSPORTATION BOARD
TO ALLOW TALL WIRELESS TELECOMMUNICATIONS TOWERS
WITHIN THE INTERSTATE 64 RIGHT-OF-WAY
WHEREAS, this Board has the authority to regulate the private use of land
through the planning, zoning and subdivision powers granted it by Virginia Code §§
15.2-2200 et seq.; and
WHEREAS, over the past 31 years this Board has strived to improve the health,
safety and general welfare of the community through good planning and zoning
practices; and '.
WHEREAS, this Board has been notified that the Virginia Department of
Transportation ("VDOT") and the Commonwealth Transportation Board ("CTB") plan to
allow up to seven wireless telecommunications towers, each 250 feet in height, to be
erected in the County within the Interstate 64 right-of-way; and
WHEREAS, Interstate 64 is an entrance corridor within Albemarle County, and
the Board has adopted special regulations contained in an overlay zoning district to
protect the corridor and to preserve its natural, scenic, historic, architectural and cultural
resources, so as to attract tourists and other visitors, sustain and enhance the economic
benefits accruing to the County from tourism, and to otherwise promote the public
health, safety and general welfare of the citizens of the County and visitors thereto; and
WHEREAS, tall towers such as those proposed to be allowed by VDOT and the
CTB are not necessary for the purposes of VDOT or for the provision of personal
wireless services, have significant visual impacts that mar the landscape, destroy the
natural and scenic resources of Albemarle County, irreparably damage the
attractiveness of the County to tourists and other visitors, and are otherwise not
consonant with the general welfare of the citizens of the County and visitors thereto;
and
WHEREAS, this Board supports wireless telecommunications and the erection of
wireless telecommunications facilities that are consistent with good planning and zoning
practices, and it has approved 29 of 35 applications for special use permits for such
facilities since 1990; and
WHEREAS, as a result of the many public hearings on special use permits for
wireless facilities, the wireless studies conducted by the County's staff and the County's
wireless consultant, and the valuable information provided by some wireless service
providers, this Board knows that wireless technology is constantly changing and
improving so that wireless service may be provided today by less intrusive and
destructive means than through the erection of tall towers, and that such alternatives
are reasonable and feasible as evidenced by the wireless infrastructures being pursued
by some wireless service providers in this County; and
WHEREAS, Virginia Code § 15.2-2293 expressly grants to this Board the
authority to regulate the private use of land owned by the Commonwealth; and, this
Board has not been requested to consider or approve any privately owned or occupied
towers or related facilities within the Interstate 64 right-of-way; and
WHEREAS, Virginia Code § 33.1-183.1 requires that before the CTB may sell or
lease the airspace superjacent to any highway in the Commonwealth it must obtain this
Board's approval and comply with zoning regulations and take such other steps as this
Board deems proper to regulate the type and use of the improvements to be erected in
the airspace; and, this Board has not been requested to consider or grant such approval
or to impose such regulations; and
WHEREAS, the Telecommunications Act of 1996 expressly preserves local
zoning authority over the placement and construction of wireless telecommunications
facilities.
NOW, THEREFORE, IT IS RESOLVED that this Board condemns the plan of
VDOT and the CTB to allow tall wireless telecommunications towers to be erected
within the Interstate 64 right-of-way as an unlawful usurpation and circumvention of the
planning and zoning authority delegated to this Board; and, this Board demands that
VDOT, the CTB and the wireless service providers that plan to locate on the proposed
towers comply with Virginia Code §§ 15.2-2293 and 33.1-183.1; and
BE IT FURTHER RESOLVED that, even though this Board, VDOT and the CTB
are each instrumentalities of the Commonwealth, this Board must condemn VDOT and
the CTB for refusing to cooperate with this Board and the citizens of this County on this
important land use issue which is properly within the authority of this Board, not VDOT
or the CTB; 'and
BE IT FURTHER RESOLVED that this Board condemns VDOT and the CTB for
proposing to take such actions without first soliciting comments from the County in a
timely manner by failing to allow Cou~nty'staff even the 30 day review period provided by
VDOT's own guidelines, and demands that VDOT extend the review period and conduct
properly noticed public hearings for each of the seven proposed towers to allow citizen
input into these important local land use decisions; and
BE IT FURTHER RESOLVED that this Board condemns VDOT's "Shared
Resources Program," which combines wireless telecommunications facilities with
proposed Intelligent Transportation System facilities; because the combination results in
towers much taller than necessary to serve VDOT's public purposes, to the detriment of
the general welfare of the citizens; and
BE IT FURTHER RESOLVED that this Board demands that VDOT and the CTB
take no action on the proposed towers until the Virginia Supreme Court decides the
case, Board of Supervisors of Fairfax County v, Washington, D.C. SMSA, a case
challenging the authority of VDOT to construct such towers without local approvals; and
BE IT FURTHER RESOLVED that this Board will pursue any and all legal
remedies, if necessary, to assure that VDOT, the CTB, and the wireless service
proriders proposing to erect or lease such towers and related wireless facilities comply
with Virginia Code §§ 15.2-2293 and 33.1-183.1, and all other applicable requirements.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy
of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote
Clerk, Board of County Sup
Aye Nay
Mr. Bowerman x
Mr. Perkins x
Ms. Humphris x
M~. Thomas x
Mr,. Marshall (absent)
Mr. Martin (absent)
COUNTY OF' ALB~E
Office of Count~ Execuiive
401 Mcln~re Road
Charlottesville, '~fw~inia 229024596
(804) 296-5841 FAX (804) 9724060
FAX: (804) 296-5800
,. !.
June 21,1999
The Honorable Shirley J. Ybarra
Secretary of Transportation
Commonwealth of Virginia
1401 E. Broad Street, Room 414
Richmond, Virginia 23219
RE:
CTB and VDOT plan to erect tall wireless telecommunications towers within
the Interstate 64 riqht-of-way in A!bemarle County
Dear Secretary Ybarra:
This is a follow-up letter to my earlier correspondence to you along with the resolution adopted by the
County' in which we requested that the Commonwealth Transportation Board ("CTB") and the Virginia
Department of Transportation ('~/DOT") refrain from advancing the plan to erect several tall (up to 250
feet) telecommunications towers within the Interstate 64 right-of-way in Albemarle County.
It is the County's position that the proposed towers are subject to local land use regulation. The
Telecbmmunications Act of 1996 expressly preserved the Board of Supervisors' zoning authority over the
placement and construction of wireless telecommunications facilities. (47 U.S.C. § 332(c)(7)(A)) Virginia
Code § 15.2-2293 expressly grants to the Board of Supervisors the authority to regulate the private use of
the superjacent or subjacent airspace on land owned by the Commonwealth. Virginia Code § 33.1-183.1
requires that before the CTB may sell or lease the airspace superjacent to any highway in the
Commonwealth, it must obtain the Board of Supervisors' approval and comply with the County's zoning
and other regulations pertaining to the type and use of the improvements to be erected in the airspace.
The County has supported the wireless telecommu. nications industry, and has been fortunate that some
wireless service providers active in Albemarle Cddnty are cooperating with us and developing wireless
infrastructures in ways that are consistent with our land use policies and regulations. These wireless
service providers have used innovative strategies and technologies, and their requests for special use
permits for such facilities typically have been swiftly approved with little or no citizen opposition. It has
become apparent to the County that technological advances have made tall towers unnecessary to
reasonably and feasibly provide wireless services. Tall towers, except possibly those proposed to be
located within existing "tower farms" established before the County adopted zoning regulations, are
inconsistent with the County's land use policies and regulations, and frequently generate significant
citizen opposition because of their impacts.
The County regrets that the CTB and VDOT appear to be unwilling to cooperate with the County by
proposing plans to deploy tall telecommunications towers within the Interstate 64 right-of-way without the
Board of Supervisors' approval. Although we understand that the Shared Resources Program is
attractive to VDOT because it provides a revenue stream from the wireless service providers enabling
VDOT to implement its I-ntelligent Transportation Systems Program, the Shared Resources Program
comes at a very high cost to the communities in which the tall towers are located. The cost is especially
high in rural. historic and scenic communities such as Albemarle County. The County, its citizens, and
The Honorable Shidey J. Ybarra
June 21, 1999
Page 2 of 2
RE: CTB and VDOT plan to erect tallwireless telecommunicatlons towers within
the Interstate 64 right-of-way in Albemade County ..
.:'*. ',.'..~.'. ,.:'-~ ..~. .".. · ~. '.
some of the wireless service providers active in A~be~arle county have gone to great lengths to propedy
plan for the deployment of the wireless infrastructui'e in a manner that preserves and protects the
County's resources. Unnecessary, tall and poody located telecommunications towers (see attached our
Planning Department's comments to four of the towers proposed within the Interstate 64 right-of-way),
established for the. sole purpose of generating revenue for a state highway program, will have a
devastating impact on the County and its citizens, and will undermine the County's land use policies
regarding towers throughout Albemarle County.
The County and its citizens must be allowed to actively participate in, and act upon, such important local
land use decisions. We, not the CTB,i VDOT or the absentee wireless service providers who will erect
and occupy the towers, have a vested interest in determining the character of our community and how it
will develop. We must live with the consequences of those towers. Our substantial interests aside, I
submit that a string of tall telecommunications towers along Interstate 64 says nothing positive about the
Commonwealth as a preserver of its history or a steward of its lands.
For these reasons, the County requests~that the CTB and VDOT direct that none of the proposed tall
telecommunications towers be erected within the Interstate 64 right-of-way in Albemarle County. The
County also requests that the CTB and VDOT reconsider whether the Shared Resources Program, and
how it is being implemented, is in the best interests of the citizens of the Commonwealth and its visitors.
Thank you for your consideration of this very important issue.
RWT,Jr/dbm
99-032
Attachment
Distribution list:
The Honorable James S. Gilmore, III
The Honorable John W. Warner
The Honorable Charles S. Robb
The Honorable Thomas J. Bliley, Jr.
The Honorable Virgil H. Goode, Jr.
The Honorable Emily Couric
The Honorable Mitchell Van Yahres
The Honorable Paul C. Harris
Commissioner David R. Gehr
Commonwealth Transportation Board
Albemarle County Board of Supervisors
J'un~ 16~ ~999~ .
H. W. Mills
701 VDOT Way
Charlottesville, VA 22911
COUNTY OF ALBE tARLE
l~parUn~nt of Planning ~ Community I~v~lopm~nc
RE: Various Towers on 1-64
E~ar Mr. Mills,
Staff'has received your letters regarding four proposed towers in the right-of-way for 1-64. The
four sites are:
2.
3.
4.
Southwest comer of 1-64/Route 616 interchange.
Northeast comer of the [-64/Route 29 interchange.
Southeast comer of the Io64/Route 250 (Shadwell) interchange.
· South side ofi-64 east of Route 730 in the Keswick area.
All of the proposals are for "installation of a 250' cellular tower on state right of way". The
nature of the facilities proposed is inconsistent with past actions of the County and the draft
"Design Manual for Personal Wireless Service Facilities". For the construction of new, stand
alone facilities, the County has been encouraging the use of"Treetop Facilities". This type of
facility consists of a wooden or metal pole which allows for the antenna to be mounted such that
it is not more than 10 feet above the tallest tree within 25 feet of the facility. The encouraged
design also requires that trees near the facility, generally within 200 feet, be retained to help
minimize the visibility of the site. Naturally, the County encourages the use of existing facilities
where possible to alleviate the need for the construction of new facilities.
The County has not received the applications made 'to VDOT for these sims, a copy of the
'application which is to be submitted to VDOT is attached. Without a copy of the application, and
the information which must be provided with the application it is difficult for the County to
conduct a meaningful review of the proposals.
Even without the information which is to be submitted, the County offers the following
comments on each proposal:
1. Southwest comer of 1-64/Route 616 interchange.
This proposal for a 250 foot facility appears to be unnecessary. An existing facility is located
approximately 1,000 feet to the west. This site currently provides sites for two personal wireless
service providers. Additional capacity does exist at this location however; modification to the
conditions of the special use permit previously issued by the County will be required. A site also
exists to the east in FlUvanna County. Use of these two facilities may alleviate the need for the
construction era new site. The location era 250 foot lighted facility in this area would be
inconsistent with the Entrance Corridor designation of Rout~ 250 and 1-64 and the existing rural
character of the area. Alternative siting opporumities exist and alternative construction
techniques exist which alleviate ~e need for the proposed*site.
2. "North~ts't comer of the 1-64/Route 29,~hang~. ""
This proposal for a 250 foot
faointy appears to be _unn. ; ' g'h sh voltage power
line loca 4,000 to the ast and an-exis inioh , e'Sui .r in'g one Mr is rotated
5,000 feet to the west Attachment to the '~Rn~oi0pole ,d0~'ii~i 'require a special us~ p~.i~nit~
but. a building permit. will be required. Attachment to on~ of the-struotures supporting the high
voltage power line has recently been approved. Additional attachments to any of the power line
structur~ will r~luire ~ipproval era special use permit Use of these ~wo facilities may alleviate
the need for the construction era tower. The location era 250 foot lighted facility in this area
would b~ inconsistent with the Entrance Corridor designation of Route 29 and 1-64 and the
existing character of the area. Alternative siting opportunities exist and alternative construction
. techniques exist which alleviate the need for the proposed site. (CFW Wireless Clntelos) has
c~nstructed treetop facilities along Route 29 and the Route 29/250 Bypass to provide wireless
service in the area which would be covered by this proposed facility.)
3. Southeast comer of the f.64/Route 250 (Shadwell) interchange.
This proposal for a 250 foot facility appears to be unnecessary. Existing su'uctures and buildings
in the area may be able to support antennas that will provide the wireless coverage proposed.
Triton Communications (SunCorn) recently received approval for two attachments to the high
voltage power line in the area. Additional use of the structures supporting the power line may
alleviaze the need for this site. Additional attachments to any of the power line structures will
requiie approval of a special use permit. The location of a 250 foot lighted facility in this area
would be inconsistent with the Enu'ance Corridor designation of Route 250 and 1-64. The
proposed facility would be visible from Monticello. The location of a 25Ofoot lighted facility in
the foreground of the viewshed of such a designated landmark would be inconsistent with good
planning practices.
4. South side of I-64 east of Route 730 in the Keswick area.
This proposal for a 250 foot facility appears to be unnecessary. This facility is located
approximately 9,000 feet from the facilities proposed at Route 616 and Route 250 (Shadwell).
This spacing appears to be closer than necessary. The use of the alternative sites previously
identified along with the possible construction of one or more "Treetop Facilitids" appears to
alleviate the need for this site. The location era 250,.foot lighted facility in this area would be
. inconsistent with the Entrance Corridor designation of Route 250 and 1-64 and the existing rural
character of the area. Alternative siting opportunities exist and alternative construction
techniques exist which alleviate the need for the proposed site.
All of the facilities are proposed within the County's Entrance Corridor Overlay District, which
requires approval of the building permit by the Architectural Review Board. The height of the
facilities are such that they will have to be lit. All of the sites would require a
variance/modification of setback provisions of the County.
While County staff does not want to stop the implementation of Intelligent Transportation
Systems the proposed "towers" appear to greatly exceed what would be required to provide ITS.
Review by the County would allow staff to completely identify alternatives to the construction of
the proposed facilities. Review would also allow the County to attempt to.mitigate the impacts of
the facilities if they were to be constructed as proposed. Use of alternative antenna type and
mounting techniques can serve to reduce the visibility. Design and placement of ground based
equipment should also be reviewed by the County in an attempt to minimize the visibility of the
site. Use of s~reening measures, particularly for the site near Route 730, should be used to
minimize the visual and noise impact from 1-64 caused by the removal of existing vegetation.
All of the proposed sites are inconsistent with the goals of the County for the siting of wireless
facilities. The County would welCome the opportunity to WOrk, with the wireless servi~
prorider(s) proposing these facilities to. facilitate. the deployment of their networks in a manner
consistent with the County's goals and the coverage/capacity objectives ofth0 pm~iders.
William D. Fritz, AICP
Senior Planner
C~"e: Albemarle County Board of Supervisors
'Emily Courie Paul Harris
Miteh Van Yahres
FgEXItIBIT A: App!.i..cation
APPL[CATIOIq TO CONSTRUCT A COMMUNICATION TOWER/ANTENNA ON STATE-OWNED LAND
Name of Wireless Communication Prov~,der:
Name of Company Applicant Company or Person:
Person to Contact: Telephone Number:.
['AX Number: !' ' :'
Desired Location:
Desired El.ovation:
If this application is for placement of a new antenna tower, is there an
available existing structure that can be used instead?: YES [] NO S
Attach a sketch of the area to be leased showing locations of the proposed
antenna or antenna cower, equipment building, ingress/egress path and utility
llnes.
Equlpmen~ Building Size (gross square feem):
Type of Exterior (brick, steel, wood,
Prepared By:
Zompany:
Signature DaZe