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Home My WebLink About2004-01-14 BOARD OF SUPERVISORS FIN A L JANUARY 14,2003 6:00 P.M., MEETING ROOM 241 COUNTY OFFICE BUILDING 1 . Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. From the Public: Matters Not Listed on the Agenda. 5. Consent Agenda (on next page). 6. SP-2003-64. Verulam Fann-VA32344 OmniDoint (Sians #12.13&14), Public hearing on a request to allow construction of personal wireless fac wlwooden monopole, approx 101 ft in total height & 10ft above height of tallest tree wlin 25 ft. The proposed fac includes flush-mounted panel antennas & ground equipment. This application is being made in accord wlSec 10.2.2.6 ofthe Zoning Ord. TM74, PH, contains 356.26 acs. Znd RA. Loc on Rt 677 (Bloomfield Rd) approx .75 mls from the intersec of Rt 637 & Rt 677. Samuel Miller Dist. 7. SP-2003-68. Northridae Community Church Amendment (Sian #7), Public hearing on a request for an amendment to SP-2000-58 Northslde Community Church, to allow pre-school/day care & an after school program, in accord wI See 10.2.2.7 of the Zoning Ord. TM21, P11A, contains 9.92 acs. Znd RA. Loc at 5100 Rt 606 (Dickerson Rd) approx 1,200 ft mls from the intersec of Dickerson Rd & Rt 20N (Seminole Trail). White Hall Dist. 8. SP-2003-70. Greaory R. Galllihuah-Nextel Partners (Sian #69), Public hearing on a request to allow construction of personal wireless fac wlwooden monopole, approx 126 ft in total height & 10ft above the height of the tallest tree wlin 25 ft. The proposed fac includes flush-mounted panel antennas & ground equipment. This application is being made in accord wI See 10.2.2.6 of the Zoning Ord. TM74, P2C, contains 2.78 acs. Znd RA. Loc on Dick Woods Rd (Rt 637) approx 1.25 mls S of the intersec of Dick Woods Rd & 1-64. Samuel Miller Dist. 9. SP-2003-73. Foundations Child DeveloDment Dav Care (Sian #90), Public hearing on a request to allow a day care center in accord wlSec 16.2.2.7 of the Zoning Ord. TM45, P112F, contains 1.541 acs. Znd R-6. Loc on Rt 1403 (Berkmar Dr), approx .5 mls N of the intersec of Berkmar & Woodbrook Rd. Rio Dist. 10. From the Board: Matters Not Listed on the Agenda. 11. Closed Session: Legal Matters. 12. Certify Closed Session. 13. Adjourn. CONSENT AGENDA FOR APPROVAL: 5.1 Approval of Minutes: September 3, 2003. 5.2 Acquisition of Conservation Easements (ACE) Waiver of Income Determination Method. 5.3 SP-2003-71. Vernon or Jackie Shiflett-AUtel (Sian #56), Accept applicant's request for deferral and request to refer back to Planning Commission. 5.4 Set public hearing for February 4, 2004 on Community Development Block Grant Citizen Participation. FOR INFORMATION: 5.5 Draft copy of Planning Commission minutes for October 7, October 14, November 11, November 18 and December 2, 2003. BOARD OF SUPERVISORS TENTATIVE JANUARY 14, 2003 6:00 P.M., MEETING ROOM 241 COUNTY OFFICE BUILDING 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. From the Public: Matters Not Listed on the Agenda. 5. Consent Agenda (on next page). 6. SP-2003-64. Verulam Fann-VA32344 OmniDoint (Sians #12.13&14). Public hearing on a request to allow construction of personal wireless fac wlwooden monopole, approx 101 ft in total height & 10ft above height of tallest tree wlin 25 ft. The proposed fac includes flush-mounted panel antennas & ground equipment. This application is being made in accord wlSec 10.2.2.6 ofthe Zoning Ord. TM74, PH, contains 356.26 acs. Znd RA. Loc on Rt 677 (Bloomfield Rd) approx .75 mls from the intersec of Rt 637 & Rt 677. Samuel Miller Dist. 7. SP-2003-68. Northridae Community Church Amendment (Sian #7). Public hearing on a request for an amendment to SP-200Q-58 Northside Community Church, to allow pre-school/day care & an after school program, in accord wI See 10.2.2.7 of the Zoning Ord. TM21 , P11A, contains 9.92 acs. Znd RA. Loc at 5100 Rt 606 (Dickerson Rd) approx 1,200 ft mls from the intersec of Dickerson Rd & Rt 20N (Seminole Trail). White Hall Dist. 8. SP-2003-70. Greaory R. Galllihuah-Nextel Partners (Sian #59). Public hearing on a request to allow construction of personal wireless fac wlwooden monopole, approx 126 ft in total height & 10ft above the height of the tallest tree wlin 25 ft. The proposed fac includes flush-mounted panel antennas & ground equipment. This application is being made in accord wI See 10.2.2.6 of the Zoning Ord. TM74, P2C, contains 2.78 acs. Znd RA. Loc on Dick Woods Rd (Rt 637) approx 1.25 mls S of the intersec of Dick Woods Rd & 1-64. Samuel Miller Dist. 9. SP-2003-73. Foundations Child DeveloDment Dav Care (Sian #90). Public hearing on a request to allow a day care center in accord wlSec 16.2.2.7 of the Zoning Ord. TM45, P112F, contains 1.541 acs. Znd R-6. Loc on Rt 1403 (Berkmar Dr), approx .5 mls N of the intersec of Berkmar & Wood brook Rd. Rio Dist. 10. From the Board: Matters Not Listed on the Agenda. 11. Closed Session: Legal Matters. 12. Certify Closed Session. 13. Adjourn. CONSENT AGENDA FOR APPROVAL: 5.1 Approval of Minutes: September 3, 2003. 5.2 Acquisition of Conservation Easements (ACE) Waiver of Income Determination Method. 5.3 SP-2003-71. Vernon or Jackie Shiflett-Alltel (Sian #66). Accept applicant's request for deferral and request to refer back to Planning Commission. FOR INFORMATION: 5.4 Draft copy of Planning Commission minutes for October 7, October 14, November 11, November 18 and December 2, 2003. PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON MATTERS NOT LISTED ON THE AGENDA FROM THE PUBLIC The following guidelines will be used: -15 MINUTES ARE AlLOTTED FOR THIS PORTION OF THE AGENDA. -EACH SPEAKER IS ALLOTTED 5 MINUTES. HOWEVER, IF MORE THAN 3 SPEAKERS SIGN UP, INDIVIDUALS WILL DIVIDE THE 15 MINUTES ACCORDINGLY. -PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK. PHONE NUMBER/ADDRESS 3 ~ ~ ~ ) "02.0 ~'<J"l. V5~#b'{l~ «D ¡¡'(). n~" l\ 2- 4 5 6 7 8 9 10 11 12 13 14 15 To: Members, Board of Supervisors From: Ella Washington Carey, CMC, C Subject: Reading List for January 14,2004 Date: January 7, 2004 September 3, 2003 - Mr. Dorrier MEMORANDUM NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT READ THEM. /ewe D COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Acquisition of Conservation Easements (ACE) Waiver of Income Determination Method AGENDA DATE: January 14, 2004 ACTION: INFORMATION: SUBJ ECT/PROPOSALlREQUEST: Request approval to waive a requirement in the ACE ordinance that makes income determination subject to aggregate AGI instead of weighted AGI CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Tucker, Foley, Kamptner, Cilimberg, Benish, Goodall ATTACHMENT: "A" - Income Grid for determining purchase price "B" - Income determination for Henley Forest, Inc. REVIEWED BY: ~ BACKGROUND: As per section A.1-110(1) of the ACE ordinance, the Board of Supervisors may waive or extend any requirement or deadline if, for good cause, it is shown that circumstances exist which warrant such action. STRATEGIC PLAN: Goal: 2.1 - "Protect and/or preserve the County's rural character". Goal: 2.2 - "Protect and/or preserve the County's natural resources". DISCUSSION: Per the Executive Summary of August 13th, 2003, the Board of Supervisors approved the appraisals of five (5) properties from the ACE applicant pool for FY 2002-03. One of these appraisals was for the 483 acre Henley Forest, Inc. property, located in the Blue Ridge Mountains 3 miles west of Boonesville. Based on the ranking evaluation criteria, it is the second highest ranked property in the applicant pool and has tourism value because a portion of the property lies within a mountain "ridge area boundary". Before the County can extend the owner an "Invitation to Offer to Sell", staff must determine the purchase price, which is calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the income grid on page 9 of the ACE ordinance (see Attachment "A"). In the case of an "S" corporation, such as Henley Forest, Inc., "the average adjusted gross income shall be based on the aqqreqate annual adjusted gross income of the shareholders". The Henley Forest, Inc. property is held by fifteen (15) different shareholders, all of whom are part of the extended Henley family. According to accounting rules for "S" corporations, income taxes are paid by the individual shareholders of the corporation rather than by the corporation. In addition, profits and losses are allocated according to a shareholder's proportionate share of stock. Of the fifteen individual shareholders, 58% of the average annual adjusted income is concentrated in two (2) of the shareholders, whose interest in the family corporation is only 3%. Under the calculation required by the ACE ordinance, which considers only the aggregate income of all shareholders, Henley Forest, Inc. would receive only 4% of appraised value because the aggregate income exceeds $200,001 (by a substantial margin). In fact, the aggregate income of the two shareholders alone, who control only 3% of the family corporation, e5<ceeds this threshold. Though the aggregate income approach may be appropriate in other cases of multi-person ownership, it is the opinion of staff and the ACE Committee that this approach unfairly penalizes the Henley family corporation and those shareholders (including seven children) whose average annual income falls within the range necessary to earn 100% of appraised value. One of the original objectives of the ACE program was to give landowners of modest means a financial incentive for placing their property under easement since current tax laws provide little or no benefit from donating an easement. Since the corporation's net profit and taxable income is not based on the shareholder's aggregate income, staff believes it would be inconsistent to base the determination of (easement) purchase price on the shareholder's aggregate income. If AGENDA TITLE: Acquisition of Conservation Easements (ACE) Waiver of Income Determination Method January 14, 2004 Page 2 the vast majority of shareholders of Henley Forest, Inc. have insufficient income to benefit from a donated easement, the purchase of an easement is the only financial incentive available to these shareholders of modest means. A more equitable solution would be to use a "weighted average" approach whereby payment is based on a shareholder's proportionate share or contribution of income (see Attachment "B"). The purchase price of the easement would be determined by multiplying the appraised value of the easement ($242,000) by an individual shareholders proportionate share of the corporation. The resulting value would then be adjusted according to the income grid. The individual payments for each of the fifteen (15) shareholders would then be added up to produce the total ACE payment. This approach would follow the accounting standard for "S" corporations and minimize the disproportionate influence of two (2) high income shareholders to a level that more appropriately reflects the relative contributions (in income) of each of the shareholders. Using the weighted average approach, the net ACE payment would be $237,644 or 98.2% of the total appraised value. Those with incomes below the minimum threshold would be entitled to the full appraised value while those with incomes above it would be appropriately discounted. Clearly, the Henley Forest, Inc. property has significant conservation value. In addition to qualifying for tourism funds (because it has 76 acres and 2,250 feet of ridgeline within the mountain "ridge area boundary"), the property has 11,494 feet of common boundary with the Byrom property (put under an ACE easement in August, 2003) and 5,400 feet of common boundary with the Shenandoah National Park. Placed side by side, easements on both Henley and Byrom would create a 1,083 acre contiguous block of protected property that runs from Blackwells Hollow Road to the Shenandoah National Park. Since neither property would permit any future division, this large block of unfragmented forestland would help to preserve the rural character of Albemarle County, conserve and protect biodiversity and wildlife habitats, and provide a permanent wooded buffer to protect the quality of water flowing into the South Fork of the Rivanna River. Therefore, ACE staff recommends that the Board of Supervisors waive the aggregate income method for determining income for the Henley Forest, Inc. property and allow the determination of AGI and purchase price to be based on the weighted average of the shareholders of the corporation as described above and shown on Attachment "B". RECOMMENDATION: Approve staffs recommendation that the purchase price for the Henley Forest, Inc. ACE easement be $237,644 by applying the weighted income approach, rather than the aggregate income approach set forth in the ACE ordinance. 04.001 A TT ACHMENT "A" ALBEMARLE COUNTY CODE scoring at least fifteen (15) points, with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator should submit the list of ranked parcels to the ACE committee by August 1. F. Evaluation and ranking by ACE committee. The ACE committee shall review the list of ranked parcels submitted by the program administrator and shall rank the parcels in the order of priority it recommends the easements shall be purchased. The committee should forward to the board of supervisors by September I its recommendation of which conservation easements should be purchased. G. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements that year. Nothing in this appendix shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. H. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or by an independent qualified appraiser chosen by the county. Each appraisal should be completed by October I. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of supervisors by November I. 1. Requirements and deadlines may be waived. Any requirement or deadline set forth in this appendix may be waived by the board of supervisors if, for good cause, it is shown that exigent circumstances exist to warrant consideration of an otherwise untimely application, or it is shown that the requirements unreasonably restrict the purchase of an easement. Under these circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only those requirements it deems appropriate. J. Reapplication. An owner whose parcel is not selected for purchase of a conservation easement may reapply in any future year. (Ord. OO-A.I(I), 7-5-00; Ord. 02-A.I(I), 12-11-02) Sec. A.I-III. Purchase of conservation easement. Each conservation easement shall be purchased as follows: A. Identification of initial pool. From the list of applications received under section A.I- IIO(D), the board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased. The purchase price may be supplemented by non-county funding. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A.I-III (B). B. Determining purchase price. The purchase price of a conservation easement shall be calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the table below. The average annual adjusted gross income shall be based on the aggregate of the annual adjusted gross income of each owner of record and the members of his or her immediate family in each of the three (3) most recent tax years. In the case of a parcel owned by an entity such as a corporation, partnership, limited liability company, trust or estate, the average annual adjusted gross income of the owner shall be based on the aggregate annual adjusted gross incomes of the shareholders, partners, members, grantor, beneficiaries or decedent, as the case may be. A.I-8 Supp. #9, 1-03 ATTACHMENT "A" ALBEMARLE COUNTY CODE Average Annual Adjusted Gross Income Percentage of Appraised Value $ 0 - $50,000 100% $50,001 - $60,000 94% $60,001 - $70,000 88% $70,001 - $80,000 82% $80,001 - $90,000 76% $90,001 - $100,000 70% $100,001 - $110,000 64% $110,001 - $120,000 58% $120,001 - $130,000 52% $130,001 - $140,000 46% $140,001 - $150,000 40% $150,001 - $160,000 34% $160,001 - $170,000 28% $170,001 - $180,000 22% $180,001 - $190,000 16% $190,001 - $200,000 10% $200,001 or more 4% C. Invitation to offer to sell. The board shall invite the owner of each parcel included in the initial pool to submit an offer to sell to the county a conservation easement on that parcel for the purchase price, and/or to donate to the county the balance of the fair market value of the conservation easement, subject to the terms and conditions of a proposed deed of easement. The purchase price shall not be subject to negotiation. The invitation shall be in writing and shall include the purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order for it to be considered. The invitation also may include a form offer to be returned by the owner if the owner desires to offer to sell a conservation easement. D. Offer to sell. Each owner who desires to sell and/or donate a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement substantially stating the following: "(The owner) offers to sell and/or donate a conservation easement to the County of Albemarle, Virginia for the sum of (purchase price ), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer to sell." Nothing in this appendix shall compel an owner to submit an offer to sell. E. Acceptance. An offer to sell a conservation easement shall be accepted by the board of supervisors only in writing, and only following an action by the board authorizing acceptance. An offer shall not be accepted by the board if the proposed easement would be inconsistent with the policies and goals of the comprehensive plan at the time the offer is received. Nothing in this appendix requires the board to accept an offer to sell a conservation easement. F. Easement established. A conservation easement shall be established when the owner and an authorized representative of the holder of the easement have each signed the deed of easement. The deed shall be recorded in the office of the clerk of the circuit court of the County of Albemarle. A single conservation easement may be established for more than one parcel under the same ownership. G. Offers not made; offers not accepted; invitation to other owners. If an owner invited to submit an offer elects not to do so, or if his offer to sell is not accepted by the board of supervisors, then the board shall send an invitation to offer to sell to the owner of the next highest ranked parcel remaining on the list of parcels identified in section A.I-II O(E). H. Costs. If the board of supervisors accepts an offer to sell, the county shall pay all costs, including environmental site assessments, surveys, recording costs, grantor's tax, if any, and other charges A.I-9 Supp. #9, 1-03 ATTACHMENT "A" ALBEMARLE COUNTY CODE associated with closing. Provided, however, the county shall not pay fees incurred for independent appraisals, legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the county. I. Reapplication. An owner who fails to submit an offer to sell or whose offer to sell was not accepted may reapply in any future year. (Ord. OO-A.l(I), 7-5-00; Ord. 02-A.I(I), 12-11-02) Sec. A.I-I12. Program funding. The ACE program may be funded annually by the board of supervisors in the county budget or by special appropriation. The county shall endeavor to seek funds from federal, state and private sources to effectuate the purposes of the ACE program. (Ord. OO-A.I(I), 7-5-00; Ord. 02-A.I(I), 12-11-02) Sec. A.I-I13. Program non-exclusivity. The ACE program is a non-exclusive means by which the county may purchase conservation easements or control land use and development, or by which landowners may establish conservation easements and other self-imposed limitations on land use or development. This appendix shall not be construed in any way as a limitation upon the county's authority to acquire land for public purposes. (Ord. OO-A.l(1), 7-5-00; Ord. 02-A.I(I), 12-11-02) A.1-l0 Supp. #9. 1-03 Income Determination for Henlev Forest. Inc. Appraised Value of Easement = $ 242,00.00 Owner Joseph & Joan Henley Charles T. & Sara Jacquelin V. Heney Timothy S. Henley Charles B. Henley Joseph Henley, III Temple Jenson Matthew Jenson Sophie Jenson Tracy Barnett Brittany Barnett Kable Barnett Clark Henley John Henley Total % Ownership 3.600% 12.000 6.600 4.000 4.000 12.000 14.200 6.600 6.600 14.200 6.600 6.600 1.500 1.500 100.00 Averal!e Income $ 23,903 (husband & wife) 59,767 (husband & wife) o (daughter of Charles & Sara) o (daughter of Charles & Sara) o (daughter of Charles & Sara) 42,135 15,899 o (son of Temple) o (daughter of Temple) 12,439 o (daughter of Tracy) 202 (daughter of Tracy) 97,314 112,037 $ 20,267 % Appraised Value 100% 94% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 70% 58% $237,644/$242,000 = 98.2% of appraised value Aggregate Income (of 15 shareholders): Income contributed by Clark Henley & John Henley: Weighted Income: $ 363,696 $ 209,351 (58%) $ 20,267 Attachment "B" Payment $ 8,712 27,298 15,972 9,680 9,680 29,040 34,364 15,972 15,972 34,364 15,972 15,972 2,541 2,105 $237,644 Notes: 1) There are 15 shareholders of Henley Forest, Inc. A 16th shareholder (Ian Henley, child) is deceased 2) Joseph T. and Joan H. Henley incomes were combined since they filed together. Each owns 1.8% of Henley Forest, Inc. .-- LAW OmcEs TREMBLAY & SMITH, LLP P.o. Box 1585 CHARLOTIESVILLE, VIRGINIA 22902·1585 105-109 E. HIGH STREET TELEPHONE (434) 977-4455 FACSIMILE (434) 979-1221 TRACEY C. HOPPER PETER J. CARAMANIS JOHN K. TAGGART, III M.E. GmSON, JR. THOMAS E. ALBRO PATRICIA D. MCGRAW R. LEE LIVINGSTON RACHEL 1. RUST Via Hand Delivery RETIRED E. GERALD TREMBLAY 1922 . 2003 LWYD T. SMITH, JR. January 5, 2004 Steven Waller Albemarle County Planning Dept. 401 Mcintire Road Charlottesville, VA 22902 RE: ALLTEL / Crossroads (Shifflett) Dear Steven: As I have previously discussed with you, ALLTEL has been thoroughly examining all possibilities to make its Crossroads application more favorable to the County. Obviously, having one tower on site, rather than two, would alleviate most if not of the stated concerns with our application. Therefore, ALLTEL is currently investigating the possibility of an agreement with nTelos whereby ALLTEL would construct a new tower on the Shifflett designed to accommodate ALLTEL's and nTelos's antennas. As part ofthe agreement, nTelos would agree to take down its existing tower. Comments from the County seemed to indicate the location of the existing tower was not favorable and that there were better locations on the same parcel to locate a tower. There were multiple comments throughout the zoning process that one tower on the site was okay, but two were questionable. This proposal would allow for one tower and for that tower to be located in a more favorable location than the existing tower. Of course, this plan requires a number of details to be worked out, which ALLTEL has not had time to accomplish to date. Preliminary indications are that the details should be able to be agreed upon. Therefore, on behalf of ALLTEL, I hereby request an indefinite deferral of the above-referenced special use permit application to allow the necessary time for this investigation and discussion. Please confirm for me that this request will be honored. Also, as always, if you have any questions, just let me know. Thanks. Best regards. Very truly yours, :" RECEIVED JAN 0 f' 2004 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Block Grant Citizen Participation AGENDA DATE: January 14, 2004 ACTION: INFORMATION: SUBJECT/PROPOSALlREQUEST: Request to set Public Hearing for information on CDBG funding opportunities CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: No STAFF CONT ACTlS): Tucker, Roxanne White, Ron White REVIEWED BY: ~ I BACKGROUND: Local citizen participation is encouraged throughout the process of developing Community Improvement Grant (CIG) proposals funded through the Virginia Community Development Block Grant (CDBG) program. To facilitate participation two public hearings are required. The first hearing is to provide information on the availability of CDBG funds, past activities funded with CDBG, and to solicit input for potential CDBG projects. Albemarle County has been successful in receiving a number of CIGs over the years, the most recent being a multi-year funded grant for housing and neighborhood improvements for the Porters Road and Yancey Mill neighborhoods. This project was awarded the Best Housing Project in Virginia in 2003. DHCD staff has encouraged the County and the Albemarle Housing Improvement Program to submit another housing rehabilitation project. Staff, in consultation with staff from the Albemarle Housing Improvement Program (AHIP), request this first public hearing to receive input on community needs that may be eligible for a CIG. DISCUSSION: Staff will provide a brief description of eligible activities under the CDBG program, Albemarle County's past performance with CIGs, and potential funding available to Albemarle County for fiscal year beginning July 1, 2004. Staff may also present some options under consideration for a CIG proposal. RECOMMENDATION: Staff recommends setting a public hearing for the first Board meeting in February to provide information on CDBG funding that may be available and to obtain input from low- and moderate-income persons or persons representing low- and moderate- income communities for potential eligible needs for improvements. 04.003 · · · . COUNTY OF ALBEMARLE Departmeflt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 December 16, 2003 Ambre Blatter Omnipoint T Mobile 5029 Corporate Woods Drive Virginia Beach, VA 23462 RE: SP-2003-64 Verulam Farm-VA 32344 Omnipoint (Sign #12,13,14) Dear Ms. Blatter: The Albemarle County Planning Commission, at its meeting on December 2, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The facilitv shall be desiqned, constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole. the ground equipment building, and any antennas shall be sized, located and built as shown on the concept plan entitled, "Crown Communications CAP Operations, LLC (McGuire #2)", dated July 24, 2003 and provided with Attachment A. 2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation. 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (7) feet above the top of the tallest tree within twenty-five feet. In no case shall the pole exceed 98 feet in total height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit. 4. The monopole shall be made of wood and be a dark brown natural wood color. 5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans. 6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However. in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches. 7. No satellite or microwave dishes shall be permitted on the monopole. 8. No antennas or equipment, with the exception of a grounding rod, not to exceed one-Inch In diameter and twelve (12) inches in height, shall be located above the top of the pole. 9 No guy wires shall be permitted. 10 No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only Each outdoor lummaire 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 the 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. 11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted Page 2 December 16, 2003 12. The plans shall be revised so that information identified as APN# on the cover sheet of is labeled as the tax map and parcel number 13. The electrical transformer and telephone pedestal shall be located within the confines of the lease area. 14. The locations and heights of all trees within 50 feet of the facility that are relied upon for screening and camouflaging shall be shown on the plans. 15. Size specifications and other details, including elevation drawings of the antennas and ground equipment and concrete pad shall be included in the construction plan package. 16. Site grading and all construction around the facility shall be minimized to only provide the amount of space that will be necessary for placement of the monopole and equipment cabinets. 17. Details and cross sections for any plans to upgrade the existing dirt logging road shall be provided in the construction plan packet and is subject to review and approval by the County's Engineering Department Prior to the issuance of a buildinq permit. the followinq requirements shall be met: 18. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. 19. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. 20. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation. the followinq shall be met: 21. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator. 22. Certification confirming that the grounding rod: a) height does not exceed one foot above the monpole; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. 23. No slopes associated with construction of the facility shall be created that are steeper than 2: 1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the followinq requirements shall be met: 24. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider. 25. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued The entire facility shall be disassembled and removed from the site within ninety · · · Page 3 December 16, 2003 (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 14, 2004. 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 (434) 296-5823, Sincerely, ~ß Stephen Waller Senior Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse · · · STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN B. WALLER, AICP DECEMBER 2, 2003 JANUARY 14, 2004 SP 03-064 VERULAM FARM (OMNIPOINT) Applicant's Proposal: The applicant's proposal is for the installation of a personal wireless service facility, which would include a wood monopole, approximately 101 feet in total height, and with a top elevation of approximately 1077.3 feet Above Mean Sea Level (Attachment A). This would result in a monopole that is approximately 10 feet taller in height AMSL elevation than a nearby 91-foot tall tree identified on the applicant's construction plans at the same base elevation as the proposed facility. The monopole would be equipped with an array of two 6-foot long, 8-inch wide, flush- mounted panel antennas at the top and supporting ground equipment would be contained within three 4.7-foot tall by 4.3-foot wide cabinets. The site of the proposed facility is a 750 square-foot lease area on property described as Tax Map 74 - Parcel 17, and containing approximately 356.36 acres, zoned Rural Areas (RA) and Entrance Corridor, in the Samuel Miller Magisterial District (Attachment B). Access to this site is taken rrom Bloomfield Road [State Route 677], approximately 3/4-mile from the intersection with Dick Woods Road [State Route 637]. The property lies within the area designated as Rural Area 3 by the Comprehensive Plan. Petition: The applicant, Omnipoint Communications, operating nationally as T-Mobile Communications, is in the process of expanding its service into the region including Albemarle County and the City of Charlottesville. This request is for a special use permit to allow the construction of a personal wireless service facility in accordance with Section 10.2.2.6 of the Zoning Ordinance which allows for radio wave transmission and relay towers and their appurtenances by special use permit. Plannill!! and Zonine Historv: SP 01-30 Private EQuitv Golf Club - A special use permit request was filed proposing the development of a private golf course and club house in accordance with Section 10.2.2.4 of the Zoning Ordinance which allows for "swim, golf, tennis or similar athletic facilities." on the subject parcel. This item was deferred indefinitely on October 2,2001. Character of the Area: The site of this proposed facility is located approximately 165.9 feet north of Interstate Route 64 on a mountain that is approximately 152 feet higher than the right-of-way and connected with the Ragged Mountains ridgeline. The site is accessed from an existing logging road that extends from the farm's main access road and passes through a heavily wooded area. All of adjacent parcels that surround the subject parcel are zoned Rural Areas (RA), including the parcel directly to the east, which contains the Charlottesville Reservoir. There nearest dwelling to this site is the Verulam residence, which is approximately 1800 feet away on the same parcel. The nearest offsite dwelling is located more than 300 feet away on property identified as Tax Map 74 - Parcel 1 17E, which is held in common ownership and was a part of the subject parcel as recent as a year ago. The 91 foot tall tree that is being used as the basis for the requested monopole height is located approximately 23.9 feet northwest and situated at the same base elevation as the surveyed site designated for the facility itself (976.3 feet AMSL). Because the proposed site of this facility is located at the top of a mountain, there is no area available to provide a backdrop for its monopole. However, during a field visit staff observed that a balloon floated at the height of the proposed monopole was slightly visible at the top of the treeline from a location that is interior to the subject parcel (Attachment C). Furthermore, when this site was viewed from any locations outside of the property, including points along Bloomfield Road, Dick Woods Road and Interstate 64, the balloon could not be seen. This is due to a combination of the topography surrounding the subject parcel and vegetation immediately surrounding the site. COMPREHENSIVE PLAN: Because the proposed facility would take access from the existing logging road staff does not anticipate that a substantial amount of disturbance will be necessary. Therefore, this request is being reviewed for compliance with the recommendations of the Comprehensive Plan that mainly focus on the visual impacts that could result from the presence of the facility's monopole and ground-based equipment in the proposed location. The Personal Wireless Service Facilities Policy is the component of the Comprehensive Plan that provides specific guidelines for the siting and review of wireless facilities. Both the Open Space Plan and Chapter 2 of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provide staff with guidance for managing the County's natural, scenic and historic resources, and for the preservation and conservation of those resources in order to protect the environment for future use. Personal Wireless Service Facilities Policy: The guidelines set forth in the Personal Wireless Service Facilities Policy are focused largely on reducing the visual impacts of wireless facilities from surrounding properties and roadways. The Wireless Policy recommends the implementation of a three-tiered approval system to address criteria related to the siting and design of new facilities. The first tier sets a preference for the development of "stealth" facilities that can either be completely concealed within existing structures, or attached to existing conforming structures. Tier Two calls for sites that can designed to blend in with the natural surroundings in a manner that mitigates their visual impacts. This proposal qualifies as a Tier Two facility. The standard conditions of approval for Tier Two wireless facilities require the use of brown, treetop monopoles that are no more than 10 feet above the tallest tree within 25 feet, and related ground equipment that is painted brown. Open Space Plan and Chapter 2: Chapter Two of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provides guidance for protecting the County's natural, scenic and historic resources, and sets the goals for preservation and management of those resources and the environment for future use. The Open Space Plan Concept Map provides an inventory that identifies the areas where the critical resources are present throughout the County. Some of the resources that have been identified as potentially being impacted by this request are mountains, the entrance corridor 2 · · · overlay district for 1-64 and forests. With consideration for the other relevant components of the Comprehensive Plan, the Wireless Policy has also identified various "Avoidance Areas" which are locations where the unwise siting of personal wireless facilities could result in adversely impacting important resources. The Comprehensive Plan designates mountains as major open space systems that provide scenic views, naturally forested areas and wildlife habitat, and are recommended for protection in the Rural Areas. Except when strategically sited and designed to minimize visibility and mitigate their impacts upon the natural landscape, personal wireless facilities should not be located within "Avoidance Areas" such as mountains. Staff s analysis for personal wireless service facilities focuses mainly on the visibility of the site from nearby properties and roadways. The site of the proposed facility is located at approximately 976.3 above sea level and the Mountain Overlay District for the Ragged Mountains starts 800 feet. Chapter 2 of the Comprehensive Plan provides several general standards for protecting mountain resources that are very similar to the goals set forth in the Wireless Policy. This includes the minimizing clearing, locating structures to make them unobtrusive in the landscape, and designing structures to blend in with the terrain surrounding the site. Although it is located at the top of a ridge, staff recognizes that the proposed site for this facility is largely level and would not require a significant amount of clearing for installation and access. The balloon test indicates that the monopole would only appear as a minor feature among the treetops that would only be seen from a location within the boundaries of the subject parcel. Therefore, it is staff s opinion that a facility in the proposed location and with a brown monopole would not be visible from the nearby properties and roadways. The intent of the Entrance Corridor Overlay District as stated in the Zoning Ordinance is, in part, "to implement the Comprehensive plan goal of protecting the county's natural, scenic and historic, architectural and cultural resources, including preservation of natural and scenic resources as the same may serve this purpose," and, "to protect the County's attractiveness to tourists and other visitors; to sustain and enhance the economic benefits accruing to the County from tourism." The Architectural Review Board addresses the aesthetic impact of all development within the Entrance Corridor Overlay Districts. The ARB has reviewed this proposal and recommends approval with conditions that are consistent with the design guidelines that are applied to development within the entrance corridor (Attachment D). Based on this recommendation combined with fact that the test balloon could not be seen while travelling in either direction on 1-64, it is staffs opinion that the proposed facility would not impose any negative visual impacts upon the entrance corridor. The forests surrounding the proposed site of this facility are another resource that is recognized by the Open Space Plan as being present on the subject parcel. The Open Space Plan identifies forests within Rural Areas as large areas that are contiguous with other forests or fannlands, have the best soils for hard woods, and are not in subdivisions. When existing structures are not available, the recommendations set forth in the Personal Wireless Service Facilities Policy favor the practice of locating new facilities in forested areas where monopoles and ground equipment can be designed to blend in with the natural surroundings. This includes the preference for using brown structures that are no taller than the natural tree canopy so that they are not "skylighted" against the horizon or alter the continuity of ridge lines. Because of the limited amount of disturbance for the installation of this facility, and its distance from property lines, it is staffs 3 opinion that approval of this proposal would not greatly impact the naturally forested state of the subject parcel, or any of the neighboring properties within the area. RECOMMENDATION Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with the standard conditions of approval and that addition of some conditions that would be applied specifically to the proposal. STAFF COMMENT: Staff will address the issues of this request in four sections: 1. Section 31.2.4.1 of the Zoning Ordinance; and, 2. Section 704 (a)(7)(b)(I)(II) of the Telecommunications Act of 1996. 1. Staff will address each provision of Section 31.2.4.1 ofthe 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 adiacent property, The site of this proposed facility is located nearly 166 feet north of the nearest property line, which is shared with the right-of-way for Interstate Rote 64. The nearest boundary that is shared with other property zoned Rural Areas is more than 1700 feet north of the site and is shared with Tax Map .74 - Parcel17E access road for the sight and lease areas for the three existing facilities are already cleared of vegetation. The site ofthe proposed facility is located on a ridge, within a wooded area surrounded by large trees that would assist in screening and camouflaging views from adjacent properties. In fact, as a result of this site's interior location, staff could not see a test balloon from any of the nearby roads and properties, during a field visit. Therefore, it is staff s opinion that the proposed facility employing a monopole at the requested height would not be designed and situated so that it would appear to be an intrusive feature upon its natural surroundings. that the character of the district will not be changed thereby, Once the facility has been constructed and is fully operational, staff does not expect that the scheduled site visits would create a significant increase in activity or traffic within the area. Like the past applicants for the existing facilities of this kind, Omnipoint's representative has confirmed that the proposed facility would be unmanned and that service personnel would only have to travel to the site once a month for routine maintenance visits. It is also anticipated that some unscheduled visits will be necessary on occasions when electrical power for the site has been interrupted unexpected occurrences such as adverse weather conditions. However, staff does not expect this schedule of infrequent site visits to create a significant increase in activity or traffic within the area. The preservation of the agricultural and forestal lands and activities, and conservation of the 4 · natural, scenic and historic resources are listed among the stated purposes for the Rural Areas zoning district include. Uses allowed by right in the in the Rural Areas are residential, and those related to agriculture and forestal activities, while uses allowed by special use permit are most often those that provide services in support of the by-right activities. Support for locating facilities that comply with the recommendations of the Wireless Policy has not been uncommon in the Rural Areas zoning district. The key purpose of the County's Wireless Policy is to site these facilities in locations where there is minimal potential for intrusion upon the naturally existing conditions in surrounding areas. It appears that the proposed facility in this particular case would blend well into the natural surroundings as a result of the tall trees surrounding the site, and its distance and elevation related to the nearby roads and adjacent property line. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request with consideration for the purpose and intent of the Zoning Ordinance as stated in Section 1.4, and with further reference to Section 1.5. · Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and harmonious community," as an intent of the Ordinance. As evidenced by the expanded and rapid increase in their use, mobile telephones clearly provide a public service. The establishment of personal wireless service facilities expands the availability of communications opportunities and convenience for users of wireless phone technology. In the event of emergencies, access to the increased communication the opportunities provide wireless facilities can be consistent with the accepted principles of public health, safety and general welfare. Although wireless facilities are not often credited for enhancing the visual appearance of the surrounding areas, the guidelines of the Wireless Policy are intended to ensure that the facilities are not responsible for intruding upon the important resources that promote the attractiveness of the community. Section 1.5 (Relation to Environment) states in part that the "ordinance is designed to treat lands which are similarly situated and environmentally similar in a like manner with reasonable consideration for the existing use, and character of properties, the Comprehensive Plan, the suitability of property for various use...; and preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County." When they are designed and sited properly, personal wireless service facilities have not been demonstrated to produce any conflict with any of the other agricultural and forestal objectives that are set forth for the Rural Areas. with the uses permitted by right in the district, Aside from restrictions on tree cutting within a certain distance of the facility, approval of this proposal would not act to restrict any ofthe current uses on the subject parcel, or by-right uses allowed on any other property within the Rural Areas district. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. · Section 5.1.12a of the Zoning Ordinance contains regulations for locating public utility structures in a manner which "will not endanger the health and safety of workers and/or residents in the 5 community and will not impair or prove detrimental to neighboring properties or the development of the same." The Federal Communications Commission's (FCC) regulations set forth in the Telecommunications act address the most significant concerns for public health and safety regarding personal wireless services. Staff has attempted to address the concerns for possible impacts upon neighboring properties in the area throughout this staff report and in the recommended conditions. The Zoning Ordinance contains section 5.1.40, which sets the requirements for the submittal, review and approval of applications for personal wireless service facilities. When these regulations are combined with the recommendations of the Wireless Policy and standard conditions of approval, it is staff's opinion that this special use permit can be issued in compliance with the provisions that state the concern for the public health, safety and general welfare. 2. Section 704(a)(7)(b )(1)(11) 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 instrumentalitv thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. The Telecommunications Act addresses concerns for 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 Commissions' regulations concerning such emissions." In order to operate the proposed facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless services. However, both do implement policies and regulations for the siting and design of personal wireless facilities. The applicant has not provided any infonnation to demonstrate the availability, or lack thereof, of any alternative sites to serve the areas that would be covered by the proposed facility at this site. Therefore, it is staff's opinion that the denial of this application would not have the effect of prohibiting the provision of personal wireless communication services. SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. A test balloon floated at the proposed height of the monopole was only slightly visible at treetop level from a point located within the parcel boundaries; 2. The proposed site for this facility is located more than 1700 feet from the nearest adjacent rural property line; 3. The test balloon could not be seen from the right-of-way for 1-64, or any of the other nearby public roads; 4. This site is accessed by an existing logging road; and, 5. The facility would not restrict any of the pennitted uses on adjacent properties. 6 · · · The following factors are relevant to this consideration: 1. This site is located within the designated Mountain Overlay District for the Ragged Mountains; and, There are existing and reasonable by-right uses that could be established on the subject property. 2. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions set forth in Section 31.2.4.1 of the Zoning Ordinance and recommends approval with modifications to the standard conditions, as applicable to this request. (ill the event that the Board chooses to deny this application staff offers the following comment: ill order to comply with the provisions of the Telecommunication Act, staff requests consensus direction fÌ'om 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 facility shall be designed. constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the concept plan entitled, "Crown Communications CAP Operations, LLC (McGuire #2)", dated July 24, 2003 and provided with Attachment A. 2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation. 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (7) feet above the top of the tallest tree within twenty-five feet. ill no case shall the pole exceed 98 feet in total height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit. 4. The monopole shall be made of wood and be a dark brown natural wood color. 5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans. 6. Only flush-mounted antennas shall be permitted. No antennas that project out fÌ'om the pole beyond the minimum required by the support structure, shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches. 7. No satellite or microwave dishes shall be permitted on the monopole. 8. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole. 9. No guy wires shall be permitted. 10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane 7 running though the lowest part of the shield or shielding part ofthe luminaire. For the 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. 11. The pennittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be pennitted. 12. The plans shall be revised so that infonnation identified as APN# on the cover sheet of is labeled as the tax map and parcel number. 13. The electrical transfonner and telephone pedestal shall be located within the confines of the lease area. 14. The locations and heights of all trees within 50 feet of the facility that are relied upon for screening and camouflaging shall be shown on the plans. 15. Size specifications and other details, including elevation drawings of the antennas and ground equipment and concrete pad shall be included in the construction plan package. 16. Site grading and all construction around the facility shall be minimized to only provide the amount of space that will be necessary for placement of the monopole and equipment cabinets. 17. Details and cross sections for any plans to upgrade the existing dirt logging road shall be provided in the construction plan packet and is subject to review and approval by the County's Engineering Department Prior to the issuance of a building pennit, the following requirements shall be met: 18. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. 19. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the pennittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use pennit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. 20. With the building pennit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use pennit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met: 21. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator. 8 22. Certification confinning that the grounding rod: a) height does not exceed two feet above the monpole; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. No slopes associated with construction of the facility shall be created that are steeper than 2: 1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. . 23. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 24. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider. 25. All equipment and antennae ftom any individual personal wireless service provider shall be disassembled and removed ftom the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed ftom the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator detennines at any time that surety is required to guarantee that the facility will be removed as required, the pennittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. . ATTACHMENTS: A - Special Use Pennit Application and Conceptual Construction Plans B - Parcel and Location Maps C - Balloon Test Photos D - ARB Recommendation . 9 - .... Ju~ 17 2003 3:52PM HP LASERJET 3200 10/%4/2002 15:36 FAX 434 97% '12~ ¡ BLD CODE &~NI¥ .l VÆ.3Z~Y¥ t . 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Use PmmlS: .40l McInlire Road ~- CharlouesviUc:, VA 22901 .:. Voicc: 296-5832 -:- Fax: 9724126 /0 __LO/24/2002 15:36 FAX 434 9ï2 4126 · · · BLD CODE & ZONING 1 ATTACHMENT A ; . ~ Section 31.2.4,1 of the AIbemafIe County Zoning Ordinance states that~ :!"hb board of supervisors hereby reserves unto itself the ~ght to issue all special usepcmUts permiÙed pereunder. Special use permits for uses as provided in t~is ordinance may be issued ~pon a finding by the board of supervisors that such use wiH not be of substantial detriment to adjacent! propcrty, that the character of the: district ' . . will not be changed thereby and that such use will be in harmony with thd purposè and intent of this ordinancc, with the uses pcm;iueFi by right in the district, with addiLional regulations. provided in section 5.0 of this ordinance, and with the public health. safety and general welfare~ The items which follow wiU be reviewed by the staff in the~r analysis of y~W' request. Please complete this form and provide additionaIinformation which will assist the County in: its review of your request. If you need assistance filling outi¡ these items, staff is available:. WhaL is the Comprehensiyc Plan dcsignrition for this property? '" ~l..Z.4 ( How will the proposed special use aCf ect3djao:nt '1fopcny'? (.~ if ( N ('+ A.Çh. c.f- ~iA-cN'rf' l) rrC:K r-y .# I I. -r1v-frLdC2 u~;,( k bin--<")AJ é1ní( CaM.(,u+lc,jx-d ;A'rfr, ·+J..l'..--:~rI'A)A.J IJF Ex i Yh^,A ..-f-N-e_5.. . How will the proposed spcci::d use affcCt Lho ch:U:C1cr of the disU'ict surrounding tl1(:prOpcrty?7h~_ ~u.:;~r w; { { , b.. . ~iJr("r'(.ndP{~ hy Ex.~^'r ~t" (.. cinti. ....f!v"VtSOc.>l. ìfh{'Af;--{' "w;/I b0 fu;,,;('\"V, (. 7J...,.fY'J;~ #v>~ ('jn.;"',('c,¿.frR. ê4- 4(1 <3ur-r't'fc..JnC!:.;"'VY rlicrirìc+ How iSÛ1eusc in harmony wilh lhcpu'P,0scand inlcnlofthcZonjngOrdin~ncc? '/ -11(.. 'pmpÒ5èd w;/ ( AJc'rlbe.... .ìMf"'(~· ~~c. ÛN:!. ¡::;"',I('u~ ---Mi. rU: c4t c: ".'oS. . Fõz. Pc' r !"''Jf'IC.i u) ì I"c.. ({ s...s.: ; S,'~ ,u1l.L 1= 41' , I ,-hI:.. <; . /I . . How is lhe use in harmony wi.th the uses permitted by right in Û1c district? A Tr-Ú--h1" /0 u; ë ¿" ; N ''fAc..-. ~/;t'i< ILCf'. 'f,iV.'i'u.:J) is '~.' - lCqs,-f V;SL'C. ,fl,; ¡fY¡()Ol-17lly AIirr-,.,+;-;u't", ¡::;..¡¿ 'Th~ '. I r I ðMt'\.~~,,'"rl' '''tn rrler+ ,~ ,r . r"rrtr.ç:· r-h""(,+1vt'-S' · , . . 7' <..j ûrrCL t:,)?-" ~ I e-Á//Dc.c "'y What <ldditionaJ regulations provìd~ in Section 5,0 of tbc Zoning Ordinance apply Lo lhjs~c'? J,' ,r , (', " ,1 (. , 1 .~ 'r,''- I .. "',' (" , ,~. l· L 'f I .'/. '.... é.... / YO \ . . ~u,. __ ...!..!,¿ ',"::' _':::>t vi ._ .-:...,r.: ,77r ~ ,"7, .,' - ) How willlhis use promote the: public hëallh, S41fclY, :lI1d general wclfnfC of the community? . me-A I 0:'" 'de." c~ '- . , " ( CI\(..{ r-, : -r-CíY\ò/:"'c,. {'¡"0"(\~. en (,<-::,'1:l<:..:::.,(> Cih,-e.FCC.' 1·· I ,-, :..cr Cr.mMLnd,'-,"tii'll Crî,"i. (::: f'ry' :-Ý' '" r (1" (,-"1\ >+.4(+ /¡c rn(:..s,C ~ . I f Ii JUN 17 2003 3:52PM HP LASERJET 3200 '10/24/2002 15:37 FAX 434 G72 4128 BLD CODE' ZONING ATTACHMENT A Describe your request in detail and include all peniaenE information such as the numbc:n of persons in:vo1vcd in the use, operating boUISt and any unique ~ of tlu: uœ: tJpf';rC'....fio{'\ IS Foll...·~ IÑ~-."o.~ n+ A -f-tJe..t:Dl"'JtvJu,..;CC¥h'C>f15 \ " .. . ~oJ~ (~ . C'dfo4' Nc\ ~~ pf~, . ()/vJ. fjrQl1nA ~u~.rt .. . S'--tr.. 10 ~ tn6'tJV.rl. ON~ nc.r f\'IòMn ITIR. MA/AJ-IulA.'")U_ . ~.ih;IV.(-~ . p(ií"~I:.~ . .'. . A'ITACBMENTS REQtmŒD - provide two(2).~ ár~ OJ. Recorded plat or boundary survey of tba ~y n:questcd. for ~ œmni.og. If tbcœ is 110 recorded plat 01' 00œadaty survey. pJeasc provide legal descripliOJl ofdJe property and the Deed-Book. and paae.number Ot' Plat Baok. and paacm'JDbec. . Y3 oc:J,k 0 ß ;).3.'1'$ PQ.-ye 3.3 c¡ Note: If you are requesting a special use pcmût only foe a ponìoø of me propcny. it aceds to be described orde1inearm œ a.~py of the plat or ~ drawing, o 2 Own.:rshiP iDf'armarioa - If ~ip oftbe property is in the name of any type of.legal '. -e.nriry or Ql'gllni't'ttion izx:1~. but DOt Jimirf!( to. !be name of a ccçomioo. partnc:lSbip or associllica. or .in the name of a. ttust. or iß a ñctiÙDUs name. ~ dnr1.'~ acœprab1e to the CoUD~. must be submitted a:rtilyiag that die pe1'SOD siglÙDg below bas the aurhority to do sO. . If theappUcanc is a coatract purchaser, a cJ~t a~le kJ the County must be submitted col1rai.ning the owner's written COI\$e1\t to the· application. ~r the: applicant is the agent of the owner, a documCD! ~ptabJe rò the County must be subaiiucd that is evidence of the existence and scope or the agency. . OmONAL A1ïACHMENTS: o 3. D - 4. Drawings or cœcqJtJ~J pJaos. if any. Additional Iøformaâoa,lf my. I bereb~, ccnify:ba1: I own the. subjeCt property. Q( ba~ th~ legal power to act on behalf of the owner in filing this application. I also certify·that the infonnatiOD provided is true and accurate to rJu: best of my ~- . ¿¿;'¿;??3-- (" /J1/¿J] Signature Date /Ø -L¡}i-17J- 5;-1j' Ðay~imc phone number of SignatOty ft1e Ifó", /vI c:Ú:..,/.x Printed Name !;e~~iJ(~ 11'1 F<i¡//..v¡ Cc'~fe{¡'vqIA'l ., ,- G j¡ 'oL(J t-;, L c.. ' ~¡f,.lC(.'U-<l f' kJ jO:.;"v L~le!r . , 10 ~-¡§ ~ n¡~ þ ñi~2:aŒJ ~.. ",-;¡iii ~6·lI)ti.:t ""....(;) . ~~~þ ,B~~f; :i)r-J:jC').. C']c:-..YJ~ ~ "" lJ 0 ~~~~ ). ÇJ~::; ~ ~ ~~8 :g " s: '" Ir¡ ¡ÿ II> I I ~ I ~ ~ I ~ ~ g ~ ;§? r (IJ :r m m ""' ~ª r-----. ~~ Iii; >I ~ª ~ ~~ / '-~' ~..;t 8 ;! 'S. ~...-.;: ~ â~8@8~ 'I>¡¡¡ . ~ n U'\l:I..~a. ~-~&~~;n &1....:c'C:Os '¡"~Œtiikj'~ 8~lJ1Ö"(..o.J'b ~.o ~ 0," ')':0.: 11", ~ ,~\ § ~~ "'~ ~6 .. ~ .-., .""'-.~;"'. ._,_.~ ~,'~.Ã"'; _'.- _. ....~_ ~'::~~" .... '';;' ... , . ..;~:~/ ", =, .... --~..- ~~ 'Sv' <:::'~ H [j-:~ â ë:. '" ~~.;, \fj, "'~ II I I tjl~lJl ~I~g .......1 Lù ~ ....... '-J' r-. OJ I Co ?;;' b. I ::D- ::D- r) I ~ r¡ . I . :::Ol~~ [l) 1 J J CJ) r¡ r¡ N. I rD rD Q >--..>--.. c::¡ CD ':x:'::::J TI()58-!D 81... f:IÉZt; ~~,cUP ! fiI ~ ¡ œ Jflj9 P]91-:El3fDltJCI _;- "'~ \:/j¡ ŒI./3< f<JJ2J-32!t>Jdtl :;;~_ ¡:¡ ~~ 1Qg.~ \lit ! ~b~ ~~ e"" ,,~..,{1J·.·~..~n~,] ,!:Iii ;ò J¡¡¡;õ:;;-;~ '.. " '~'è-- ¡. , it! toOl " "'k! 1 ~ ~ 'ItS. ' t";?;a.l't//\ .¡ . 7' State /. ~,;,. ù'" ';' --- ..519 fl;... - . -,,__ ~.-9 \ . , ~..¡ ,r" i.~! ~~!~: 63~ "'.>~ / -k- I g " - - -!:!.~'R <- - 1'/ r I ¡ , '( -... t.. -í I 9~ --I .!fi1 /jf "/ /' '" ~ I-......,(' ..~ i)~ f Sf r--!!Ie! i) '0'1' , '!' \8'" f¡ I /jf~ ~ / ~ ",-= s~j"èI I ~~ .¡¡¡,,~ ",Ill ,"UQ§'If."': ..~.~ ~s ~!!i~..: "~8 .èi1 M .b~~~;if! at /" !~ ~~:!~ ~;{; Æ Iò ~~S'::;J;!!'"t;/ k'~ nO ~~ D!::¡ '" ~ '" Iii;: -ci 01;:;; ..;"! ~ ¡,¡ ~a! .1' ~ / ~~ ;:: 7Z!ò 2" ' ~8i Hi.", .t.<!¡ :'S;; ..,,9<;: ~. , ~ 'b èJ- CÞc ¡zs~ 0 ~ I I _ ~~ m~ ~~:~ '~, §~ --~- ~~€à; §~ §§ Di '-" 5i ~ ~ §s¡ ~ ..'" °8 Gì~ >I it co '-" Q; [;:: g'" ¿~~ 2 ~ aª'~ --- o ~ ~ ~ 'i'''1 ~ ~.: ~ ~~ ~~ ! ¡¡¡to . 81... ci OJ ;;: ,1i..'. /,'. .. '-".C· ¿; '!j' 8~ <¡~_ ~. ~~ '-" 637 o.~~e 5 RoðQ ......i/' vIo~~~~Q tJ 'Ie R/W (.., ..,J-",í'?'-' ()q "a ~ '1';" /J,,' '"~ ~.. g 51 CJ CJ CD CD '-" CJ LO CDQ) "-11] . LOCJ~r]) ~ 0) .CD b ;:ö ()b lu J --j LOb CD 0) ß b fuLOCDCJ. . '-" 0)_____. "-1 '-" ::; ~ f\j ()b '-' < I '-"~fu3m'-" b''-''():¿......''-1 I-....'-"Q)OJ?g ~b' '-<::::J '--- I-.... OJ rt- '--- _ _ 52J "8'19--' 1039 30 --j OJ /\' r]) '--- o{ (') â~'~ -:§ ~~ !J¡¡¡¡ "' 1mo74-17B vJnve((JJ Lk'UVef'Sal f-t)lQJny5 1. Ire œ. 2153 eWB œ 966 D4}4 œ B96 e.2W(elat1 ~ ¡j¡ ¡>¡1 ¡,;" Ö'" ó1 \:j ¡>~ ! 51¡¡ ~ &;; ;..: 10'" ~; 'I'~ .I! ¡,;..: nO OJ Ö~ ::! I:! / I , ¡ / 18 \ '!: ¡¡ "'< ~ ,"" <: f'\)rD ......:E: lJl G;;? ~~ rD ::D- >--.. r¡ \\ .. \ .~ -s N3 1 '37'47 'E J523.31 - '. 533 '09 'J4'W 871.85' ifT.) 75-, :&. ~%~ :":;::HJr~::;" Di3 :~-j~~, ::36 !:Jlü~ UiJ ö4 ;;;: ";S:;-~oo inló: , 5 @@ ~:..@~ ~ a~~::;"à ~OI.o.J· ~~ ct\.¡'-I~ .: ~ ~;~!~ð ~ It §:~" '-¡j, ~~- '''' :x:' -,(j ,. '.~ '-. i;jU riJdU = = ~ '!' "fB rui;j ¡,¡' R~ .~ ~ \ @ ;,,@ ~ ¡¡¡~@< ~ a~-~,,~ 1Z fI.J"018" ~~ ~~ ?()s,,~,,~ ~~ ~~~~ ~ n1 gË = à'''" . 9 " Q C;: &f!i 0.'1 ~.'~' "'''' 3g Q '" '- ATTACHMENT A ----- -0 a ..... () l¡\ .... 7\ ::I ::J" ~::I () CJlf\-i()~~ ~ ~~~§Q.X ~. ~~~Q a> :r»-o ã)-Q U\ ~ -" a :r \) 6~ Q v '"' (\ =: - « c:: -4 ~ -("\ oã)-Ja>.....~.....a> §'lJ'"'a> ã- J! \J Q £ U\ -0::1 >< --~Q<3'Q - <~(1)3UJ'"'Q.t-..J -,- ....¡0 '- ï1 a> UT LQ('\--la ~- . S'....-+>.'"' _ UJ ã 3<3'-4 ~ -....¡ \oj' ....¡ » ("\ '"' a> U\ f @@ ~ æ:"@" a9;"'"i iu°táJ~~ ?~t:3il..J.!.. ruA~rr, ~ ~~òjS' '" ~e j / "./ Cig/ .,\"'~ '.~ -.'/..¡.- N.t9'Q ,~c ' !5~ 13J7: /.. ~3~. ~~ ~~'~ -G;,~ " .~~~ ",' " ¡ig ~. ..< 'ý'!;. __<.âg ~ ~.':Y", â~ <e>J-ò v'. '" ~~ 'ð\¡;\ '" 'IJ :;¡~ "''to' ,l ~......., -"'~::'·f'<'.J('ì @ @ii~9 lù..l::.,lo.J~ ai2g-.¿i 't::I't):....,::r::i..n ~~7Ë! ...."'J"'T')4.. 6'6'1'1..>; '" ~-" ~~S' '" ~ ¡¡¡¡¡¡@8 ~ l'¡"òj::89~ -iõ",~_ .,,~ ~~~~~=iB lJ\~8dl5';;:J Ih"':" 6''6'"6"~i:r:.....~ ~C;Þ;'~~i .:::::~:=(! ~ ¡;> ~; ----.. -' /3 ATTACHMENT A ~ --...... v~ APPROVED FOR ZONING Draper Aden Associates E....'"'::"'I. s....,w,+ __ Blacksburg. VA ChartoltesvUle, VA Hampton Roads, VA Raleigh-Durham. NC www.daa.com 8090 Villa PaIk Drive Richmond, VA 23228 804--264-2228 Fax: 804-264-8773 RF NElWORK OPERATIONS OTHER OMNIPOINT COMMUNICAnONS CAP OPERAnONS, LLC rl{- 5029 CORPORAlE WOODS DR., sum: 225 \1RGlHlA BEAOI, VA 23462 PH: (757) 490-7200 FAX: (757) 49~195 SIlE: V A32344C McQUJÆ 12 99 BLOOMRELD ROAD CHARLOllESVlLLE, VA 22903 JOB* ROJ2S. SEAl: TITLE SHEET GENERAL NOTES GENERAL NOTES GENERAL NOTES SURVEY EXHIBIT ENLARGED SURVEY EXHIBIT ADJACENT PROPERTY INFORMATION SITE DETAIL PLAN TOWER ELEVATION AND ANTENNA SCHEDULE CIVIL DETAILS CIVIL NOTES BTS AND PLATFORM PLATFORM INDEX SHEET T1 N1 N2 N3 C1 C1A C1B C2 C3 C4 C5 C6 SITE NAME MCGUIRE *2 SITE NUMBER VA32344C SITE ADDRESS 99 BLOOMFIELD ROAD CHARLOTTESVILLE, V.~ 22903 . LA TlTUDE: 38'0"39.84" (NAD 85) LONGITUDE: 78'35'03.75" (NAD 83) GROUND ELEV.: 976.3' (AMSL) . PROPER1Y OWNER OR REP. CONSTRUCTION ESTATE ZONING REAL OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC PROJECT DESCRIPTION 11-IIS PROJECT CONSISTS OF 11-IE LOCATION OF NEW ANTENNAS ON AN PROPOSED 101' HIGH BROWN POLE TOWER. NEW EQUIPMENT WILL BE LOCATED ON A PROPOSED PAINTED/TINTED EQUIPMENT PLA TFORM. . SITE DIRECllONS FROM VIRGINIA BEACH OFFICE: TAKE 1-264 TO 1-64 TOWARDS RICHMOND FOR APPROX. 83 MILES TO EXIT #200 1-295 NOR11-I, TAKE 1-295 NORTH TOWARDS CHARLOTTESVILLE FOR APPROX. 23 MILES TO EXIT #53 1-64 WEST. TAKE 64 WEST TO EXIT #114 (RT 637) DICK WOODS RD TURN RIGHT ONTO (637)DICK WOODS RD. FOLLOW FOR 3 MILE TO BROOMFIELD RD. TURN RIGHT ONTO BROOMFIELD RD FOLLOW FOR ~ MILE UNTIL YQU SEE BLACK MAILBOX WITH 99 BROOMFIELD & VERULAM FARMS. TURN RIGHT INTO DRIVEWAY AND FOLLOW ALL THE WAY BACK. ACCESS TO SITE IS ON LEn JUST BEFORE 11-IE HOUSE. VICINITY MAP NOT TO SCALE Lv DAlE 116¡1)4/OJ ~ õíñ.ijõj NO. DESCllP110N ï: ~ l... lOtH DRA1IINCS ISSUED rœ RE\!EW i~-~~~ 91!:NO; DRAIII BY: ã£ãCiDiÿ; TITLE SHEET T1 v~ SJ5 JoF AS NOlED SCAlE: 11ft£: APPLICANT OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC 5029 CORPORATE WOODS DRIVE, SUITE 225 VIRGINIA BEACH. VA 23462 PH: 757-490-7212 FAX: 757-490-3778 CONTACT: AMBRE BLATTER SPRINT CONíACT: CUSTOMER SERVICE PHONE: 800-370-6105 PROJECT SUMMARY LANDLORD VERULAM FARM CONSERVATION GROUP LLC 99 BLOOMFIELD ROAD CHARLOTTESVILLE. VA 22903 CONTACT: MELTON C. MCGUIRE PHONE: (434) 295-3595 UTlLmES DOMINION VIRGINIA POWER ONE JAMES RIVER PLAZA 701 EAST CARY STREET RICHMOND. VIRGINIA 23219 PHONE: 1-888-667-3000 CONSULTANTS CIVIL/SURVEYING DRAPER ADEN ASSOCIATES 8090 VILLA PARK DRIVE RICHMOND. VIRGINIA 23228 PHONE: 804-264-2228 FAX: 804-264-B773 SITE NFORMATION JURISDICTION: ALBEMARLE COUN1Y APN#: 07400 00 00 01700 D.B.: 2343 PG 358 CODE: BOCA OCCUPANCY: CO-LOCATION ZONING: RA-RURAL AREAS CONSTRUCTION lYPE: PREFABRICATED MISS UTILITY CONTRACTOR TO CAl.L 48 HOURS BEFORE DIGGING! PHONE: (800)552-7001 CONTRACTOR RESPONSIBLE FOR DAMAGE OF EXISTING UTILITIES DURING CONSTRUCTION ¡;r..M~ SITE LOCATION NOT TO SCALE . "3JNVA3fo.NO' ttO Nou\>'O~OJ3ij I::IO:! iON 51 NYld 51Hl 'lH0d3M 31l.U. V JO Jl:f3N3B 3Hl lnOH.IJM 03HVd3Hd SYIA NV1d SIHl '350""051Q GlOOM 31111 .m 1:MUSBV 31"«J-Ol-dn NY 1VHl S~j .=10 J!VlS JJtN 01 IJ3M3ns "OHOO3U 10 SNCXJ.:)RUSJij ijO ~ 'S1N3"3M 'SJH:)IH 11V 01 IJ3rens '3501:>510 OlooM A3I\II05 oUMIN008 31~"" r« 1_ 51"". .0 lLYJ$ )Hf 01 l:)3r8OS "3N1 SIH1 1"1 Q3'U~O.:lY3d 100 SVM .GÞ.HnS .uM1NIl09 0131.:1 lN3~tnJ V '3NOZ CIOOèi SIIt1 3NImß130 013NOa SYM ~S ON "Q66~·Ç ij3Bft3:J30 031'10 ~OO9OrOLÇ tl30nnN 13Wd-J.UNn""O:) dYN "YI.:t J.S NMDHS Si PC(1cf QOO1.:l "H.I,. 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Sa1"B!~OSSV uapv lad"B1Q 't/ IN3WH~'t/ll't/ ATTACHMENT A ~ \.ò' Draper Aden Associates £acl:al:il:rbl- SVftJ'Iq. ~Senk:a 8090 Villa Pari< Drive Blacksburg, VA Richmond, VA 23228 Cha~ottesville, VA 804-264-2228 Hampton Roads, VA Fax: 804-264-ð773 Raleigh-Dumam, NC www.daa.com OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC 5029 CORPORA1E WOODS DR., SUI1E 225 VIRGINIA BEACH, VA 23482 PH: (757) 490-7200 FAX: (757) 490-6195 StØ.fTTALS/AEVISIONS NO. ŒSCIIIPmH DAlE I L£\SE EJOtBT DG/D4/1l1 2 ZONNG DAAMNGS ISSIÆD FOR REI'IEW rn/21/1l1 J REl'lSED Z(HG DAAlIINCS PI]¡ CQJEHlS 07/24/03 4 5 6 7 SIE NO: VAJ2.\44C DAA'iN BY: SRS D£aŒD BY: RGW SCII£: IS HDIID TlTU:: ENLARGED SURVEY EXHIBIT SITE: VA32344C McGUIRE 12 99 BLOOMFIELD ROAD CHARLOTIESVlLLE, VA 22903 - SHEET NUt.lBER: ;0 C1A JOBH ROJ264 DESCRIPTION ACCES5 EASEMENT ACCE55 £ASEMENT ACCESS £ASEMENT ACC£SS £ASEMENT ACCES5 EASEMENT ACC£SS EASEMENT ACCESS EASEMENT ACCESS EASEMENT ACCESS £ASEMENT ACCESS EASEMENT ACCESS EASEMENT ACCESS £AS£H£NT ACCESS £AS£H£NT ACCESS £AS£H£NT ACCESS £ASEMENT ACCESS EASEMENT ACCESS EASEMENT ACCESS £AS£H£NT ACCESS EAS£H£NT ACCESS £AS£H£NT ACCESS EASEMENT ACCESS £ASEMENT ACCESS £ASEMENT ACCESS £ASEMENT ACC£SS £ASEMENT ACCESS £ASEMENT ACCESS £A5EMENT ACCESS EASEMENT ACCESS £ASEMENT ~ ¡:; '" ~ or BROv.\>! POLE LINE TABLE BE~RING 517'33'39'E 510'29'37'E SI5'43'26'£ 519"51 '57'E S29'00' 4 7'E S37'10'27,£ 525'05'10'£ 512'00'02'E 507'19'OO'E 574'38'10'£ 548'48'51'E 521'05'44'£ 515'44·26..... 508'59'28'£ 545'28'02'E 585'25'44'E S69'39' 48'E N78'43'21'E 578'13'44'E 536' 46'27'E SI2'58'56'E S03'59·56..... S07'U'WE 515'38'50·.... 503'15'U ..... SI4'47'53'£ S28'36'00'£ SOO'OO'OO'£ N90·00'00·.... GROUP LtC PROPOSED CENlER N38'01'39.B4' WlB'3S'03,7S' LENGTH ï2i:72 4iš:27 ""'ffi$ 2lli3 ï39.93 "3eõ.õ3 Ii3:3i "ffi:õ7 735:23 '"'iõm" 7õži ~ 93:šš' 3ITii 35i:66 6õ:9õ 3š4.õ6 2õ4.9õ 149.12 --šf.5i' ï36.4I 112.57 mii9 75J.4 Tsiï.9i îõã.79 j9¡65 i6.ã5 ïö:õõ 1M 74-17 99 BLOOMFIELD RD fARM CONSERVATION ZONING: RA 356,26 AC. VERUlAt.I LINE - Ll L2 """'I3 L4 L5 L6 L7 Lã L9 ï:iõ LiI ill U3 ill Liš ill U7 Liií LI9 L20 Lži' L22 L23 ill L25 L26 L27 t2i ï:§" 1M 74-17AJ 3199 COLD SPRING RD PAUL T. DIAMOND ZONING: RA 21,D7 AC. \~ ~--.........~~--- ~~--.......... ¡;; ~ .."" '" "". '" '''-~~-- ~~-- (HALF-':~E) ".,~ ~ '" ..". ~ ", ~---~~............... ".~" '. '" """ '---~----- , 16 GPS 2 'ROO SET" N: 3900366.891 E:11457210.158 LA T: NJ8'D2'05.3S· LONG: Wl8'35·21.30" El£V,: 669.10 ,~ GPS 1 "ROO SEr N: 3901639.565 E: 11456629.168 LA T: N38'Q2'17.93" LONG: W78·35'2B.57' ELEV.: 656,10 .. P,O.B, 2 ~ þ 64 ROUTE INlERST ATE N14·06'OO·.... 128,58' <TIE-LINE> ~ .. o ADJACENT GRAPInC SCALE .., ( III I'IŒT ) IDah - 200 It. NOTE: SEE: SHEET ClB FOR PROPERTY INFORlolA TlON. ... ... 200' UTlUìY COMMENCING AT A ROD SET lABELED "GPSI ROO SET" ON "THIS PIAN, "THENCE N14'06'OO"W 128,S8' AlONG A TIE-LINE TO THE TRUE POINT AND PLACE OF BEGINNING, lABELED "p,O,S, 2": THENCE 51T33'39"E 121.72' TO A POINT: "THENCE 51[7'29'37"E 41S.27' TO A POINT; "THENCE 515'43'26"E 221.59' TO A POINT; THENCE 519'51'S7"E 241.43' TO A POINT; "THENCE 529'00'47'E 139,93' TO A POINT; THENCE 53T10'27'E 380,03' TO A POINT; "THENCE S25'OS'10'E 113.38' TO A POINT; "THENCE 51TOO'02'E 129.07' TO A POINT; THENCE 50T19'00'E 735.23' TO A POINT; THENCE SU'38'10'E 109.73' TO A POINT; "THENCE 548'48'SI'[ 70,26' TO A POINT; "THENCE 521'OS'44'E 45.64' TO A POINT: "THENCE 515'44'26"W 93,55' TO A POINT: THENCE 508'S9'28'E 31.18' TO A POINT: THENCE S4S'28'02"E 351.66' TO A POINT; THENCE S8S'25'44'E 60,90' TO A POINT; "THENCE 569'39'4B'E 354,06' TO A POINT; "THENCE N78'43'21"E 204.90' TO A PDINT; "THENCE 578'13'44'E 149,12' TO A POINT; THENCE S36'46'27"E 51.5" TO A POINT; THENCE 512'S8'56"E 136.41' TO A POINT; "THENCE 503'S9'S6"W I 12.57' TO A POINT; "THENCE 50TI1'10"E 2D7.89' TO A POINT; "THENCE 515'38'50"W 75,14' TO A POINT: THENCE 50J'15'11"W IS8.91' TO A POINT: THENCE 514'47'53'E 108,79' TO A POINT; "THENCE 528'36'00'E 194,65' TO A POINT; THENCE 500'00'00'E 16.BS' TO A POINT; THENCE N90'OO'OO'W 10,00' TO A POINT THUS TERMINATING "THE EASEMENT, HAVING A .39' 1M 56-95 ROUTE 679 SLUE SPRINGS lAND CORP, ZONING; RA 442.66 AC. SCALE: ACCESS & EASEMENT .-¿ ", //";." ,,:;." ,-." :./" " EXHIBIT DESCRIPTION ±S04 OF SURVEY LEGAL LENGTH . . . -:¡If 99<:.... If!! :ÐNINOZ ON..., SÐNI!!dS 3mB 6£9 3lno!! .6-B!: IU . d!KX> 3l'v':JS 01 iON au 'v'~èlO.:JNI Álè:l3dOè:ld lN38'v'ra'v' (:/ -:¡If £...c:£ If!! :ÐNINOZ :)11 "!!If.:! )I33!C MI CP:I al3l:1'«)018 8£1.....£ IU 8~J ~ o " 311S -:¡If 9Z'gçr If!! :ÐNINOZ :111 dno!!Ð NOIlIf^!I3SNOO ),~.:I n...,nlß\ a!! al3l:"0018 66 £~.....£ IU /---.------- \y^ \, ' '\ '~If LO'IZ "", " "'!"""" ONOI'IYIO 1 1 661£ , ~ .", '-.- ~ .... ~ >' "'.."" ~"" ',,,,~ "!IV.:! NOl ~ If Z9'lZ ~ !!38"~l:rIOO1B £Qt> If~ ~NINOZ 3D \ O!! BrI-6.1U A1WNNOO Y 3;~O ~ 1\ "I,T."I~ /," ,;""~~ '~If L6'9 ~~ If!! ~NINO~N3D ,;"" 113NNOO~1'I ~ ..Z£ O!! Ð~!;'£I""'£ IU ~ \ '~If ££'6£6 If!! ~NINOZ 31lVIS3il01!IVH~ .:10 All:) O!! !!IO^!!3S3!! OLL I ~-ç£ IU , / I" , I' ~ \\, '\, '\ \ '~If Qt>'601 \ If!! ~NINOZ :m I'I!IY.:I Tl1H A1!!I3H:1 a!! 013I.:I1'I001a \ 31'1-6. IU \ "\ )\ I \. / / '00 , / , / , /' LI '9~'O~ IBar 8~8 :I!3B1'mN 133HS - ~ VA '3T1II\S3ilO"1:MO OVa:! CI13I::!V'iOO18 66 ~. :J:ßOOOVi ~~CVA '31JS NOll Vr4YO::jNI .tiY3dOI:ld lN3~VraV =TU1l II3I.OH SY '31V:)S ·MÐH 'IJI CJ)C:Ja S!IS 'lJlNll.Y!III :MmYA :oN 311S L 9 S . W.t!LO SOOIIIGI IBd 5:NIY1IO ONIHOZ CBSI\JI r WllIiO IJ~ IIOJ 9ISS1 SIDGlY1IO :IIINIZ ~ roI?O/!JO lBH13 :EY11 I 3IYO NOIldlllOS3O 'Q SNOISI.QI/S'1V.L!JrEnS S6 ~1I-i:l6joo (L.sl) :XV.:! DOn -i:I6joo (LSL.) :Hd Z9K:Z VA 'H:)Y.38 WlNEIHIA ;ZZ 3.LIIIS '110 SOOOM 3.L WOcAIOO ezas :>11 ISNOUW3dO dY:> SNOUY.)INnNNO:> .LNIOcIINNO WOO'Up'MMM ::>N 'weLlnC-4B!"le~ ULII-Wc:-~S :xe:l v^ 'speo~ uo¡dweH Së:ZZ-V9Z;.oS v^ 'all^!IaOµe4:) Së:ë:tZ V ^ ·plJOl.LlLP.! V ^ 'lIJnqS)OBa a.\IC IIJI!d ell!}, 0608 DaIA.DS'~ .2¡qlaAas . hp.....'I Sa~'BpOSSV uapv lad'BlQ V lN3I1\1H:>VllV ATTACHMENT A ~ - ------ \.J Draper Aden Associates E.....eat.¡. San..- ~Scnka 8090 Villa Park Drive Blacksburg, VA Richmond, VA 23228 Charlottesville. VA 804-264-2228 Hampton Roads, VA Fax: 804-264-ð773 Raleigh-Durham, NC www.daa.com \ \ OMNIPOINT COMMUNICAnONS CAP OPERAnONS, UC 5029 CORPORAlE WOODS DR., SUllE 225 \1RG1NIA BEACH, VA 2J.4ð2 Pit (757) 490-7200 FAX: (757) 490-6195 \ \ , ¡ , , , , I I I \ 1--__ \ I \ , I \ I ¿ 1 II . ' /1- _ ~ I ai :-..1 - ", I , I ' I ....--. I ....--. '- ~'101' TAU. "-~ POLE....l / / NOlE: I" PROPOSED TOYtÐt IS NOt I 10 EXCEED 10' ABOVE TOP-- OF 1REE. PROPOSED POLE AND EQUIPMENT IS 10 BE PAlNTED/1INTED BRO,,", TREES YI11HIN 200' OF SllE ARE NOT 10 BE REMOVED, o g I / PROPOSED 25')(30' lEASE' AREA / / / / / I f I ! I I I I I I I / / f / f J , i ! / I J ¡ , I 1 1 1 I ! I I I r i I , , i I , I / / / / I I / / , , , , , , , ¡ , , , /' / / , , , , , , , , , , , " f I ; / / / / / / / , / / / , , , , , / ! / I / / / / ; / ! 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The the conditions: 1. Indicate on the plan the trees that are 2. Indicate that proposed . 3. Include a note on the antennas will not rise above the top of the pole. 4, Show proposed grading indicate th 5. impacts to the wooded area 6, Indicate on the plan the proposed of along the access route. g. Please provide revised drawings and/or other information of these conditions your 11/23/200305:31 PM Page 1 of2 · · · .. miller S revision 2 feel free to call. 15 Steve Waner PM 2of2 . . . . COUNTY OF ALBEMARLE DepartmeT\t of Planning & Community Development 401 McIntire Road, Room 2] 8 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 December 16, 2003 Rev, Ray A. Stark 5100 Dickerson Road Charlottesville, VA 22911 RE: SP-03-68 Northridge Community Church Amendment (Sign #7) Tax Map 21, Parcel11A Dear Rev. Stark: The Albemarle County Planning Commission, at its meeting on December 2, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Exterior changes to the building and site depicted on and approved as part of the final site plan, SDP- 2001-022, are prohibited unless authorized by an amendment to this special use permit. Prohibited exterior changes include changes to any architectural feature, color, texture or materials, play area, and landscaping, but do not include repairing or replacing any portion or element of a building provided that the repaired or replaced portion or element has the same architectural feature, color, texture and materials approved as part of SDP-2001-022. 2. The maximum enrollment for the pre-school/day care shall be restricted to 80 children and the maximum enrollment for the after school program shall be restricted to 60 children. 3. The hours and days of operation shall be restricted to the following: day care/pre-school program 7:30 AM to 2 PM Monday through Friday; after school program from 2:30 PM - 6:00 PM Monday through Friday. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 14, 2004. 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 (434) 296-5823. Sincerely, r ' ~ J',,/ : Æ {, 4~~( v;¿' /.YJnJw,- JOan McDowell Principal Planner JMD/jcf Cc: Ella Carey Jack Kelsey Northside Community Fellowship Church Amelia McCulley Steve Allshouse . . . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Joan D. McDowell December 2,2003 January 14,2003 SP 03-68 Northridge Community Church of the Nazarene Amendment Applicant's Proposal: The applicant has requested an amendment to SP 00-58 (a special use permit to construct a 11,200 square foot church) to be allowed to operate a pre- school/day care for a maximum of 80 children and an after school program for a maximum of 60 children in the existing church facility. Five classrooms with a total of 2,630 square feet would be used for these purposes. It should be noted that the church has changed its name from Northside Community Fellowship Church to Northridge Community Church of the Nazarene, since the approval of SP 00-58. The applicant has requested the following hours/days for operation of the child care facilities: day care/pre-school 7:30 AM - 2 PM Monday through Friday after school program 2:30 PM - 6:00 PM Monday through Friday. Children attending the after school program would arrive by bus or van and be picked up by parents. The day care/pre-school children would be individually transported by their parents. Petition: Request for an amendment to a special use pennit, SP 00-58 Northside Community Church Fellowship Church, to allow a pre-school/day care and an after school program, in accordance with Section 10.2.2.7 of the Zoning Ordinance which allows for "Day care, child care or nursery facility." The church name has been changed to Northridge Community Church of the Nazarene. The property, described as Tax Map 21 Parcel 1 lA, contains 9.92 acres and is zoned RA Rural Areas. The church is located at 5100 Dickerson Road (Route 606), approximately 1,200 feet miles from the intersection of Dickerson Road and Seminole Trail (Route 29 North), in the SP 03-68 Northridge day care 1 White Hall Magisterial District. The Comprehensive Plan designates this property as RA Rural Area. Character of the Area: The area surrounding the church contains a mixture of rural agricultural, residential, wooded areas, a church and the G,E. Fanuc Corporation facility, Planninf! and Zonill!! Historv: SP 00-58 was approved in January 2001. The approval was for a 11,200 square foot church building with 200 seats, 101 parking spaces, and outdoor recreational areas. The church has been constructed and is in operation. SP 00:.58 did not include a request for child care operations; therefore, a condition of approval for SP 00-58 required that any child care operation receive an amendment to the special use permit application, Comprehensive Plan: The Comprehensive Plan land use designation for this site is Rural Area. Churches provide support to Rural Area residents. The proposed pre- school/day care and after school care uses are a mission of the church. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the zoning ordinance and recommends approval of the special use permit. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance, The Board of Supervisors hereby reserves unto itself the right to issue all special 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. SP 03-68 Northridge day care 2 . . . The existing church building would accommodate the proposed pre- school/day care and after school care operations without any exterior alterations. The play area would be located at the rear of the church, in the location approved with SP 00-58. A copy of the SP 00-58 site plan is attached for your information (Attachment B). Neither VDOT nor the County's Engineering Department offered comments regarding concerns with public safety. that the character of the district will not be changed thereby, No exterior changes have been requested that would change the visual character of the district. However, the additional traffic and noise would impact this area. As the outdoor play area is located away from residential dwellings and as it is anticipated that the traffic will use Route 29 to enter Dickerson Road, the impacts would be lessened. and that such use will be in harmony with the purpose and intent of this ordinance, The Rural Area zoning district was created to establish a zone that provides for the preservation and protection of agricultural and forestal resources; to provide for water supply protection; to be an area of limited service delivery; and to conserve natural, scenic, and historic resources. The proposed child care operations within the existing building would not conflict with the purpose and intent of the ordinance, with the uses permitted by right in the district, The proposed child care operations would not impact uses that are permitted by right in the district. with additional regulations provided in Section 5.0 of this ordinance, There are no regulations in Section 5.0 governing the proposed use, and with the public health, safety and general welfare. The proposed child care use would not require any alterations to the existing access and driveway. Currently, the traffic count for this portion of Dickerson Road is 120 vehicle trips per day. Using 4.52 trips per students SP 03-68 Northridge day care 3 per day, the maximum enrollment of 80 children for the day care/pre-school would generate 361.6 trips per day. With an enrollment of60 children, the after school care program would generate less trips, as the children would arrive by bus and van, Although the increased traffic along Dickerson Road would significantly increase as a result of these childcare operations, both VDOT and the County's Engineering Department did not recommend that the applicant make any improvements to the access driveway or to the road. Approximately 600 feet of Dickerson Road extending from the entrance to the existing asphalt roadway was surfaced by the applicant, as a requirment of SP 00-58, There are sections of the road that remain unpaved. However, it is anticipated that the majority of traffic will enter Dickerson Road from Route 29, using the paved roadway. The unlighted outdoor play area would remain in the same location. Any changes to the location, as a result of a future church expansion would require approval of a special use permit. No negative impacts to the public health, safety and general welfare are anticipated. SUMMARY: Staff has identified the following factors favorable to these applications: 1. The childcare operations would provide support to rural area residents. 2. The access and driveway could accommodate the additional traffic and uses. 3. The playground is located in an area separated from neighboring residences. Staff has identified the following factors unfavorable to this application: 1. The traffic along Dickerson Road would significantly increase as a result of the child care operations. 2. Additional noise from children playing and from vehicular traffic would result from the proposed uses. SP 03-68 Northridge day care 4 . . . RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 03-68, subject to the following conditions: 1. Exterior changes to the building and site depicted on and approved as part of the final site plan, SDP-2001-022, are prohibited unless authorized by an amendment to this special use permit. Prohibited exterior changes include changes to any architectural feature, color, texture or materials, play area, and landscaping, but do not include repairing or replacing any portion or element of a building provided that the repaired or replaced portion or element has the same architectural feature, color, texture and materials approved as part of SDP-200 1-022. 2, The maximum enrollment for the pre-school/day care shall be restricted to 80 children and the maximum enrollment for the after school program shall be restricted to 60 children. 3. The hours and days of operation shall be restricted to the following: day care/pre-school program 7:30 AM to 2 PM Monday through Friday; after school program from 2:30 PM - 6:00 PM Monday through Friday, Attachments: A SP 03-68 Northridge Community Church of the Nazarene Application B Northside [Northridge] Comm, Fellowship Church Final Site Plan dated March 22, 2001 C Location and aerial maps SP 03-68 Northridge day care 5 Department of Building Code and Zoning Services TMI' 02 ([:'0, 0 ~, CO .rDLLì'i=Q 7 Mag. DiSt.·/J~ S:;¡ff ~ DJIC 'Jj 2[;/Q3 Application for Special Use Permit County of Albemarle OFFICE üSE ONLY b >?' SP# ;}rC¡3 - () . .. . Sign# \projectNamcll..........w_n:rctloU\..&f'~I"""",n/) /ll')/2..THIZJD6e éDM""VA..J)ft; ["Ú.)~H or- TUe NAZAl2el\Jl; 1'#=- FO(ùV>'...Il.."'to.{ K.r.::o:"<..J v ~<;., ¡\:)O¡?.TH$. De G:' fVI NH.J".,;J, ~ I-f:,~".v!:.. ttlPÚ4 I.l.~i.~ +Existing Use C 1-10 I2.LM Proposed Use ADD Pí2E- ?X:¡,..iöðL 'Z,N., 0;""" ~ ,1'1 'ZoN., 0,0'..." S"",. numb" ",0<",,0_1 fl· fJ. ~ L i) DJ¡ I (+st:lff will assist you wiLh Lhcsc items) r j'¡ Number or acres to be covered by Special Use Permit (II. por1IooIU'O.... be ...11........ ....1'..1) Lm Is this an amendment to an existing Special Use Permit? Are you submitting:l sile developmenl plan with this application? AY~QNo o Yc~-o No ;2. c.op¡E.5 O~ 'P1,qN Contact Person (Whom should we c:;¡1I/wnu: concernin\: this proJect'): Addr~ss 5100 ()'C.~Vl.Sðù ¡¿D.. I \ Daytime Phone (~) B8Z-Z/lV City C'v,uG" Stalc.-JLL Zip 22 q {/ I Fax # E-mail Owner of land (AS listed in the County's records): !\hJ2J'}{SIlY!- G""/lAt.J1V 17tf h..c...<.O..~HIP (;¡t.){2.CJ.i Address SleD Ùla~ 2ö. City Clvl~~ Stall:~ Zip lZ~JI , ~ J /' r /" MJZl715IDe (DfI;\lV'o¡;~J In; ¡-t:?.{C~/~ u-¡i. Daytiml: Phone (t{3l{) q&'t{-Ia:ú Fax # E-mail \ App licant (Who Islhe conl:1ct rcrson represcnl1l1~' Who IS rC!¡ucslin¡; thc spec¡;¡) 'Jsc'): I ¡Address \o,ytíme Phon' (_) City Stat~_ Z:r Fax # E-mail Tax map and parcel ,~ i-I \ Â Physical Address (if:lSsigncd) SICY-' bjC.~~::("0í20. L"UIt....{..'z- ,VA 22cr If Location of property (I;¡ndm:1lU"ntcrsccttons. orotner) Does the owner of this property own (or have any ownership interest in) any abutting property? If yes. please list those tax map and parcel numbers 10 C \ \",,' r\ y' ~ \ II I V ,\ ~v J \ /\Y \. 'v\! ~} ~y~ ~~ '< History: OFFICE USE ONLY (J. i" ,,:-1 ~ ' (.¡.~ 0 "b~'5 r-cc Jmounl S J 10 DJlC Paid r.; JÞ~)IC0 ChctX. II ~'¡,- r Rcceipt II (~, By: ....----.7 o Special Use Pcrmits: WC'C-.C.::> Q, Q ZM¡\s and Proffers: _. (, {J 'PI (It If If,. ,I o YananCC$: AI--j ArL~ C)v (o ~DP;Ltd - I ..,.). \ l!/"'¡ ,-:( / D.) ,) C9i1eUrTCOl reVIew of SilC Development Plan" ~þ, 'ICfJ':rtl) a Lctlcr of Authoriution aYcs ONu "<'01 \¡\cl"r.;,,,: ,~. -. -·.__1_·.,,,..,:;\~ '1), -~Gr.- ,', \;,...;('~, ~or:.-~G,"3..,. .', ATTACHMENT A ~ Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: . ~á>ù¿,Sr t={)f2.. ?f2.-'Z-:3Ci-ICf)L [~"-J~ FoJ2- 80 Cf-/ ll.)~ 0...)1110 THE'" £'f.l3Tlt\:.G Bù I Lþ/f..:.6 < A IT ACHMENTS REQUIRED - provide two(2) copies of each: 8'" 1. o 2. . 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, parme.rship or association, or in the name of a trust, or in a fictitious name, ~ 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 subnùtted 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 , , subnùtted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: o o 3, 4. 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;!) r', £~DJt:y MZ')-û3 Signature . Date "--Z~-?~J ,4 , ç~R-J< &3<-1";6?:2-2/IV Printed Name Daytime phone number of Signatory . 7 ~ROM :NORTHRIDGE COMMUNITY CHURCH OF FRX NO. :434-964-1500 Sep. 05 2003 10:45RM P2 c.""'·- Memo From: Joan McDowell Rev. Ray A. Stark To: cc: Re: 9/5/03 UPDATE TO SPECIAL USE PEIUv1IT APPLICATION Date: Please update our application for an amendment to our Special Use Permit to include the following, , . Weare requesting to use our current tàcility for a pre-school: · Operating during the hours of 7:30 am to 2:00 pm, Monday through Friday, · Maximum of 80 children on site per day · The pre-school will be housed in the existing building (classroom and square footage to be forwarded to you on Monday · The school year wi11 be approximately mid-August through early June. Tn addition, we are requesting to use our current tàcility for an after school program: · Operating hours will be 2:30 pm - 600 pm, Monday through Friday, when public school is in session. · Maximum of 60 children on site per day. · After care wi11 be housed in the existing building. · Children will arrive by bus or van and will be picked up by parents Should you have any questions, please contact me at 882-2114. .\ i) ~ ~ ~ ~&/k-I Thank you, Rev. Ray A Stark Senior Pastor "Changing the Way People Think About Church" .....__r.'.-'-'. 11 :-.;, ;'}' -- ,.:: .' . 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D e $e; ".>,(;: ~ 7', )!:' 9ð' ;>.1.::;. "'II(~,~' ZON:: F;; I;>IJ"CD-L".;' ~:. --"'""--'------.- it... ~~....:.;_. _.:lL~ -:i!~~~-.:;"-'-- -.._w......::->.L_~I- \ "'. ~ ",," . ~¡~ ~o::~~ __ ___ _.1 -.-- I i RSOK ROAD -;c¡¡~£¿~~c ;"Õ' P A \IE n; PLACE T'r'PICAL. ~~- ROUTE 606 , T,\,_ :;>1 Þ"RC~, ' ~ .)1,:>. <>"::&£,1\ ~t ~:~. ~:~~: :-~~ ~~~~~:':T', ~~G LOT ~r..D1Q.' ~~_ ~"",,·.UI:: £QoJIP;>(:;) _n.. A....."'" .....~.. f"'""'S !.O:Jç CR "0"1:: "'¡TI.I.I. L:.NÐ.~ s..-,,__ II( .. ¡-'~ ;;0,.1:;0-. ..............~ ~ A J~:::::oH...·-.t .v...~,....~: .....~U"_ a...~0I'~ Tl-!:S-"L:J-.t~~LX'~"",?IP.fJt,(HGJ¡£L l.......I..."'::~ CJ-.,~:> PJS....: ;;o,..~,:, AI>:.. "'ROP£F,' 'I, "::'S:XI,~"'- C'" 1I'.R..c .I.JIÔ<>S ZOOl"~ ClS1JIo\:~ so-..... "ÇT n::gr, :'1 r=>o:;" :.uc" ~ÞI!OJ'C:St::-:.JQ<r~rrJ':IWJr. ....,....!'J.... 2~~!· ',- l .f.~ .::' /i),.ð"~¥ ,>,#","$-",' ~t;)~,r,~ ',' _. ". vA......·,· ~,- _ ':.::4' -ë-..""[.. ~;'. .. ~c ~..; :>EThA·:. _ '. ~..;. ~APo("":, ~.~~ ...~ 9 ~ .~ '---,: ,....---·-....:::.."E"s..{¡;>;:5~..·'F / / I - \ ~ 'L =---=- 49-:' '1 ~ .....''i: :~ Þ-.......::;: ~!:':r: ' 9fC.'¡~ ,.. {"'~I"'~ Þ"'~"'D """'- III'.. ~, ..:.-.....<._ . rio' J" I>~., -"'- / " . . . u pue J9Ø::J . . . . COUNTY OF ALBEMARLE Dcpartmer¡t of Planning & Community Development 40 I McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 December 17, 2003 Valerie Long McGuire Woods Battle & Boothe, LLP PO Box 1288 Charlottesville, VA 22902 RE: SP-03-70 Gregory R. Gallihugh-Nextel Partners (Sgin #59) Tax Map 74, Parcel 2C Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on December 16, 2003, by a vote of 5:0, recommended denial of the above-noted petition to the Board of Supervisors. However, it was also the consensus of the Planning Commission that in the event that the Board of Supervisors approves the request that the following conditions be included: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the construction plans entitled, "Nextel Partners - Gallihugh Site", last revised November 11, 2003 and provided herein, with Attachment A The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (7) feet above the top of the tallest tree within 25-feet tree, identified as T-20 on Sheet C-4 of the construction plans. In no case shall the pole exceed 85 feet above the existing ground elevation at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit The metal monopole shall be painted a brown wood color that is consistent with the trees surrounding the site The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure, shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches. No satellite or microwave dishes shall be permitted on the monopole. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole. No guy wires shall be permitted. No lighting shall be permitted on the site or on the pole, except as herein provided Outdoor lighting shall be limited to periods of maintenance only 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 the purposes of this condition, a luminaire 2. 3. 4. 5. 6. 7. 8 9. 10. Page 2 December 17, 2003 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, 11. The permittee shall comply with section 5,1,12 of the Zoning Ordinance, Fencing of the lease area shall not be permitted. Prior to the issuance of a building permit, the following requirements shall be met: 12. Size specifications and other details, including elevation drawings of the antennas and ground equipment shall be included in the construction plan package. 13. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. 14. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area, All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan, Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the facility, A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. 15, With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility, During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met 16. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator, 17, Certification confirming that the grounding rod's: a) height does not exceed two feet above the tower; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator 18. No slopes associated with construction of the facility shall be created that are steeper than 2: 1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the following requirements shall be met 19, The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the monopole and the ground, are associated with each provider. 20. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued, If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be · · · Page 3 December 17, 2003 removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney, Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 14, 2004, 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. Please note that the Planning Commission, also by a vote of 5:0, denied the waiver of the setback in accordance with Section 4,10,3,1 of the Zoning Ordinance, If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823, Sincerely, ~ð Stephen Waller Senior Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Gregory and Tammy Gallihugh Nextel Partners, Inc · STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN B. WALLER, AICP DECEMBER 16, 2003 JANUARY 14, 2004 SP 03-070 GALLIHUGH. GREGORY R. (NEXTEL) Applicant's Proposal: The applicant's proposal is for the installation of a personal wireless service facility, which would include a metal monopole, approximately 85 feet in total height, and top elevation that is approximately 720 feet Above Mean Sea Level (Attachment A). This would result in a monopole with a top height that is approximately 8 feet taller in elevation AMSL, than the 76- foot tall tree identified as T -20 in the attached construction plans. The monopole would be equipped with one array consisting of three 6-foot long by I-foot wide and 7-inch deep, flush- mounted panel antennas at its top and supporting ground equipment would be contained within a 9-1I6-foot tall, 200 square-foot shelter. The 1369 square-foot lease area for this proposed facility is located on property, described as Tax Map 74 - Parcel2C, containing 2.78 acres. This parcel is located in the Samuel Miller Magisterial District on the north side of State Route 637 (Dick Woods Road), between Interstate Route 64 and State Route 637, approximately 1/2 mile southwest of Exit 114 :trom 1-64 to Ivy (Attachment B). The property is zoned RA, Rural Areas and designated as Rural Area 3 by the Comprehensive Plan. Petition: · The applicant, Nextel Communication, is in the process of expanding its services along Interstate Route 64 in Albemarle County west of the City of Charlottesville. This request is for a special use permit to allow the construction of a personal wireless service facility in accordance with Section 10.2.2.6 of the Zoning Ordinance, which allows for radio wave transmission and relay towers and their appurtenances in the Rural Areas, by special use permit. Plannine: and Zonine: Historv: SP 00-028 AIIteI/lvy Exit - At its meeting on September 13, 2000, the Board of Supervisors granted approval of a personal wireless service facility with a monopole that 75-foot not exceed five feet above the tallest tree within 25 feet, as measured above mean sea level (Attachment C). Because of some specific issues surrounding the expected skylighting of the monopole above the treeline, a 96-foot tall tree located within 25 feet of the facility was disqualified from consideration in determining the monopole's height. Furthermore, due to their importance in providing screening of the monopole :trom properties located to the south, three additional trees that are far away :trom the existing site were addressed in the condition requiring a tree conservation plan. Character of the Area: · The subject parcel is surrounded by properties that are all zoned Rural Areas, mainly consisting of small, rural-residential lots on each side and those that have been developed within the Rosemont subdivision, which is located on the south side of Route 637. The northernmost property line is shared with Tax Map 74 - Parcel 14A, which is a large, undeveloped part of the 1 original Verulam Fann tract and separates the subject parcel from the right-of-way for 1-64 by more than 350 feet. The site of the proposed facility is located in a sparsely wooded area approximately 170 feet north of the dwelling, which is also located on the same parcel, gradually slopes downward toward the rear property line. The nearest dwelling that is not located on the subject parcel is approximately 320 feet southwest of the site on the property identified as Tax Map 74 - Parcel2B, and the proposed site of the monopole is located 54 feet from that boundary line. The facility will be accessed by 10- foot wide gravel service road that extends north to the existing Alltel facility site from the driveway serving the residence on the property. The proposed facility would be located near the edge of the woods, and most of the significantly sized trees are situated downhill from the site. The applicant's petition and plans cite the presence of a 76- foot tall Black Walnut tree (712.2 feet ASL), which is approximately 16 feet away from the proposed location of the monopole, as the reason for requesting a monopole height of 85 feet (720 feet ASL). The site ofthe proposed facility is a sparsely wooded area that is situated at a ground level elevation of 635.6 feet AMSL and a finished ground elevation of 637.2 feet AMSL. The 75-foot tall monopole for the existing facility is situated approximately 50 feet northeast from the location of the monopole proposed for this facility, which is centrally located between the side property lines and at the 630-foot contour interval. During a field visit, staff observed that a balloon floated at the height of the proposed monopole was visible above the tops of the trees from the portion of roadway that spans the distance between the entrances for Rosemont and the subject parcel Route 637 (Attachment D). While observing the test from static points on the property sharing the western boundary of the subject parcel, the balloon appeared to extend well above the treetops. This indicates that a rather large portion of the monopole would be "skylighted" from the road and from some of the properties located to the south and west of the site. Staff also detennined that neither the existing monopole nor the balloon could be seen from the right-of-way for 1-64. COMPREHENSIVE PLAN: Staff notes that the proposed construction and service road extension for access to the proposed facility would not require the clearing of any substantial vegetation. Therefore, this request is being reviewed for compliance with the recommendations of the Comprehensive Plan that are mainly focused on the visual impacts that could result from the presence of the facility's monopole in the proposed location. The Personal Wireless Service Facilities Policy is the component of the Comprehensive Plan that provides specific guidelines for the siting and review of personal wireless service facilities. Both the Open Space Plan and Chapter 2 of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provide staff with the guiding principles for managing the County's natural, scenic and historic resources, and for the preservation and conservation of those resources in order to protect the environment for future use. Personal Wireless Service Facilities Policy: The guidelines set forth in the Personal Wireless Service Facilities Policy are focused largely on reducing the visual impacts of these facilities from surrounding properties and roadways. The Wireless Policy recommends the implementation of a three-tiered approval system to address criteria related to the siting and design of new facilities. The first tier sets a preference for the 2 · · · development of "stealth" facilities that can either be completely concealed within existing structures, or attached to existing confonning structures. Tier Two calls for sites that are designed to blend in with the natural surroundings in a manner that mitigates their visual impacts, The standard conditions of approval for Tier Two wireless facilities require the use of brown, treetop monopoles that are no more than 10 feet above the tallest tree within 25 feet, and related ground equipment housed cabinets and buildings that are painted brown. When siting these facilities there is preference for using structures that are no taller than the natural tree canopy so that they are not "skylighted" against the horizon so that they alter ridgelines. Although the applicant has submitted this proposal in accordance with the recommended criteria for Tier Two facilities, staff has not detennined that those criteria alone would be adequate enough to mitigate the anticipated negative impacts of the facility. Open Space Plan and Chapter 2: Chapter Two of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provides guidance for protecting the County's natural, scenic and historic resources, and sets the goals for preserving and managing those resources and the environment for future use. The Open Space Plan Concept Map provides an inventory that assists with identifying the areas where critical resources are present throughout the County. This site lies within the area designated as Rural Area 3 by the Comprehensive Plan and is part of a larger area designated as forests by the Open Space Plan Concept Map. The Open Space Plan identifies forests within Rural Areas as large areas that are contiguous with other forests or fannlands, have the best soils for hard woods, and are not in subdivisions. When existing structures are not available, the recommendations set forth in the Wireless Policy favors the practice of locating new facilities in forested areas where monopoles and ground equipment can be designed to blend in well with the natural surroundings. While observing the balloon test for this proposal, staff was able to detennine that due to its location in relation to those boundary and tree lines, a large portion of the monopole for this facility would be visible from at least one adjoining parcel and Route 637. RECOMMENDATION Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends denial as proposed. STAFF COMMENT: Staff will address the issues ofthis request in four sections: 1. 2. 3. Section 31.2.4.1 of the Zoning Ordinance; Section 704 (a)(7)(b )(I)(II) of the Telecommunications Act of 1996; and, Section 4.10.3.1 of the Zoning Ordinance. 1. Staff will address each provision of Section 31.2.4,1 ofthe Zoning Ordinance, The Board of Supervisors hereby reserves unto itself the right to issue all special use pennits 3 pennitted hereunder. Special use pennits 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 adiacent property, The nearest dwelling to this site that is not located on the subject parcel is approximately 320 feet from the site of the proposed facility proposed facility on property identified as Tax Map 74 - Parcel 2B. Construction plans indicate that this facility would be located closer to the subject parcel's western boundary that is shared with that parcel than the existing facility. The proposed facility site is also near the edge of the treeline, and based on the balloon test there are not any significantly sized trees between it and the adjacent parcel to adequately screen the view of the top half of the proposed monopole from that dwelling. Furthennore, staff has also detennined that a rather large portion of the facility would be visible above the trees from parts of the State Route 637 right-of-way, and some properties in the Rosemont subdivision. Staff has detennined that a rather large portion of the proposed monopole would extend above the trees tops of the surrounding forests when viewed from at least one adjacent property and the road upon which the subject parcel has frontage. This would result in the introduction of a facility that It is the extent to which the monopole would be extend above the trees from those nearby points that causes the a substantial amount of concern for the visual impacts of this request. With consideration for the visual impacts, it is staff s opinion that the proposed facility could be considered to be detrimental to adjacent properties. that the character of the district will not be changed thereby, The applicant's request indicates that Nextel service personnel would nonnally travel to the site once a month for routine maintenance and service visits. It is also anticipated that some unscheduled visits to the site will be necessary when electrical power has been interrupted by any unexpected factors, such as adverse weather. However, once the facility has been constructed and is fully operational, staff does not expect that any of those site visits would create a significant increase in activity or traffic within the area. Support for locating facilities that comply with the Wireless Policy in the Rural Areas zoning district is not uncommon. The key purpose of the County's Wireless Policy is to site these facilities in locations where there is minimal potential for intrusion upon the naturally existing conditions in surrounding areas. Staff notes that in the review of past proposals for multiple personal wireless service facilities on a single property concern has often been expressed for the adverse impacts that could arise from the proliferation of facilities within a given area. This is because of the likelihood for increasing the impact of existing facilities with marginal visibility by introducing additional ones that could attract attention that would not otherwise be drawn. Whenever requests to allow horizontal co-locations are being reviewed, staff also attempts to ensure that the tree conservation areas for existing facilities are not altered to a extent that the treeline and tree canopy helping to camouflage their mounting structures and ground equipment would be compromised. The applicant has provided a tree conservation plan and tree identification map, both of which were prepared by an arborist to show the locations of trees surrounding the existing Alltel facility. In this case staff also recognizes that the successful screening of the existing facility relies heavily upon three trees that are located well outside of the lease areas for either facility. However, none those trees or nearby trees surrounding the 4 · · · proposed monopole site would provide a level of screening that is comparable to that provided for the existing facility. The implied concerns with horizontal co-locations are magnified even greater in this case because of the relatively small size of the subject parcel and the expanded tree conservation area that was created for the existing facility. Therefore, when compared to the limited visual impacts of the existing well-screened facility, it is staffs opinion that the proposed facility could have the effect of changing the character of the district. and that such use will be in hannony with the purpose and intent of this ordinance, Staff has reviewed this request with consideration for the purpose and intent of the Zoning Ordinance as stated in Section 1.4, and with further reference to Section 1.5. Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and hannonious community," as an intent of the Ordinance. As evidenced by the expanded and rapid increase in use, mobile telephones clearly provide a public service, and the establishment of wireless service facilities expands the availability of communications opportunities and convenience for users of wireless phone technology. In the event of emergencies, the increased access to wireless communication opportunities is consistent with the accepted principles of public health, safety and general welfare. Although existing wireless facilities have not often been credited for enhancing the visual appearance of the surrounding areas, the guidelines of the Wireless Policy are intended to ensure that equipment for those facilities are not responsible for negatively intruding upon the important natural resources that promote the attractiveness of the community. Section 1.5 (Relation to Environment) states, in part, that the "ordinance is designed to treat lands which are similarly situated and environmentally similar in a like manner with reasonable consideration for the existing use, and character of properties, the Comprehensive Plan, the suitability of property for various uses.,." Whenever, personal wireless service facilities can be designed and sited properly, it has not been demonstrated that these types of uses present any extensive conflict with the agricultural and forestal objectives that have been set forth for the Rural Areas. Furthermore, there is already an existing facility located on the subject parcel, near the proposed site of this facility that has been strategically designed and installed to blend well with its natural surroundings. However, due to a combination of the size ofthis parcel and the wooded area surrounding the, there does not appear to be many trees that are similar to the height of the proposed monopole that could provide adequate screening or camouflaging. Therefore, it is staffs opinion that the newly proposed facility would not be appropriate at this site. with the uses permitted by right in the district, Aside from restrictions on tree cutting within a certain distance ofthe facility, approval of this proposal would not act to restrict any of the current uses on the subject parcel, or by-right uses allowed on any other properties within the Rural Areas district. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. Section 5 .1.l2a of the Zoning Ordinance contains regulations for locating public utility structures 5 in a manner which "will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development ofthe same." Staffhas addressed the concerns for possible negative environmental and visual impacts upon neighboring properties throughout this staff report. The Federal Communications Commission's (FCC) regulations set forth in the Telecommunications Act of 1996 address the most significant concerns for the public health and safety related to personal wireless services. The Ordinance also contains section 5.1.40, which sets the requirements for the submittal, review and approval of applications for personal wireless service facilities. Section 5.1.40b(2) authorizes the Director of Planning and Community Development to allow a facility to be constructed closer to any lot line than the height of its mounting structure, if the applicant acquires an easement from the owner of the adjoining property that lies within the facility's "fall zone". However, with this proposal the applicant is instead requesting Planning approval for a waiver of the setbacks related to structure height, in accordance with Section 4.1 0.3.1(b) of the Ordinance. Staff has addressed this request in a separate section of the report. 2, Section 704(a)(7)(b )(1)(11) 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. The Telecommunications Act addresses concerns for 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 Commissions' regulations concerning such emissions." In order to operate this facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless services. However, both do implement policies and regulations for the siting and design of personal wireless facilities. The applicant has not provided any information to demonstrate the availability, or lack thereof, of any alternative sites to serve the areas that would be covered by the proposed facility at this site. Therefore, it is staff s opinion that the denial of this application would not have the effect of prohibiting the provision of personal wireless communication services. 3, Waiver ofthe setback in accordance with Section 4,10,3.1 Section 5 .1.40.b(2) states: "Notwithstanding Section 4.10.3.1(b) of this chapter, the director of planning and community development may authorize a facility to be located closer in distance than the height of the structure to any lot line if the applicant obtains an easement acceptable to the county attorney prohibiting development on the part of the abutting lot sharing the common lot line that is within the facility's fall zone." 6 · The applicant's proposal includes the installation of the 85-foot tall monopole structure within 54 feet of property line, which is shared with Tax Map 74 - Parcel 2B. Based on the requirements of Section 4.1.3 .1 (b) the structure should be set back 85 feet from the western property line. However, instead of pursing a fall zone easement, the applicant is requesting approval of a waiver in accordance with Section 4.10.3 .1 (c). This section allows the Planning Commission to modify or waive the setback requirements related to the heights of mounting structures for personal wireless services and similar facilities upon determining that the public health, safety or welfare would be equally or better served. It is staff s opinion that the setback provision of Section 4.10.3.1 is designed to prevent undue crowding of the land and to prevent safety hazards if a structure should fall. Although staff has received no opposition from the owner of that adjoining parcel, it should be noted that the 31- foot fall zone intrusion of the proposed facility would extend 6 feet beyond the standard 25- foot Rural Areas side yard setback on the adjacent parcel. Furthermore, the parcel line from which this setback waiver would allow relief is shared with the same property that is most likely to be affected by the visual impacts of the proposed facility. Therefore, staff recommends denial of the waiver as requested. If the Planning Commission supports the special use permit on the basis of its evaluation for compliance with the provisions of Section 31.2.4.1, approval of this modification is appropriate. However, if the Commission votes to deny this request, the applicant may appeal the decision in conjunction, as allowed by Section 4.10.3 .I.d(I). · SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. The facility would not restrict any of the permitted and uses on adj acent properties; and, 2. This site is accessed from an existing driveway that would be extended across a mostly grassed area that requires minimal grading. The following factors are relevant to this consideration: 1. There is an existing Tier II personal wireless facility located on the subject parcel; 2. The applicant has already submitted tree conservation plan prepared by a certified arborist to address any expected impacts upon the trees surrounding both facility sites; 3. The parcel proposed as the site for this facility only contains 2.78 acres; 4. The "fall zone" of the monopole proposed with this site extends 31 feet across the boundary line shared with an adjacent property; and, 5. The standard 200-foot tree conservation area surrounding the improvements for this facility would extend beyond the boundaries of the subject parcel. Staff has identified the following factors, which are unfavorable to this request: · 1. The proposed monopole would be at least 10 feet taller than the one serving the existing facility on the subject parcel; The monopole would be skylighted from parts of State Route 637; 2. 7 3. A large portion of the monopole would be skylighted and unscreened ITom at least one adjacent property located to the west ofthe site; and, 4. The fall zone ofthe proposed monopole extends into the side yard setback of an adjoining property. RECOMMENDED ACTION: This request has been submitted in compliance with the criteria that is set Tier IT personal wireless service facilities. However, the proposal does not satisfactorily address the policy's goals for limiting adverse visual impacts. It is staff s opinion that the concern for those impacts that would result ITom the proposed facility in this particular location outweigh the level of convenience that would be provided with the increased access to personal wireless services, There is an existing facility on the subject parcel that was designed and located to take advantage of the vegetation surrounding its lease area as well as other tall trees that are located farther outside of the site, substantially mitigating visual impacts. Due to the rather small size of the subject parcel the proposed facility would not have a level of camouflaging and screening that is comparable to that for the existing monopole, which is also 10 feet shorter. The applicant has not provided any information to demonstrate the availability, or lack thereof, of any alternative sites to serve the areas that would be covered by the proposed facility. Therefore, staff recommends denial of the requested special use permit. Should the Board vote to approve the special use permit, staff recommends that the applicant be required to comply with most of the standard conditions of approval that have been established for personal wireless service facilities. (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions ofthe Telecommunication Act, staff requests consensus direction ITom 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 facility shall be designed, constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the construction plans entitled, "Nextel Partners - Gallihugh Site", last revised November 11,2003 and provided herein, with Attachment A. 2, The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation. 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (7) feet above the top of the tallest tree within 25-feet tree, identified as T-20 on Sheet C-4 of the construction plans. In no case shall the pole exceed 85 feet above the existing ground elevation at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit. 4. The metal monopole shall be painted a brown wood color that is consistent with the trees surrounding the site. 8 .. 5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure, shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches. No satellite or microwave dishes shall be permitted on the monopole. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole. No guy wires shall be permitted. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. 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 the 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. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. 6. 7. 8. 9. 10. 11. Prior to the issuance of a building permit, the following requirements shall be met: . 12. Size specifications and other details, including elevation drawings of the antennas and ground equipment shall be included in the construction plan package. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the facility. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. 13. 14. 15. . After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met: 16. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or 9 reference datum identified in the application shall be provided to the Zoning Administrator. 17. Certification confirming that the grounding rod's: a) height does not exceed two feet above the tower; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. 18, No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 19. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the monopole and the ground, are associated with each provider. 20. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ATTACHMENTS: A - Application, Construction Plans and Additional Information B - Parcel, Location and Aerial Maps C - Approval Letter Existing Alltel Facility D - Balloon Test Photos E - Zoning Department Comments 10 .. County of Albemarle .:. Department of ßuilding Code and ~:IIF~O~Y -070 "1..Q 0 _ jQ O. . O. AT~~HMENT A 8'C¡ ",' Oi" rr rJlf D"" pjðs/Q3 Application for Special Use Permit Sisn# Project Name 1_"'_'" ",fer 10 IA'O _,.,....../) -Existin¡; Use Proposed Use: /) ) I> J V/,-,<,) ç r~<,¡jl,r I . 'Î ,,/. /0 /7 d t...,;. -Zonin¡; District -Zonin¡; ·Ordinance Section numuer requested (-staff will 3SSist you with these items) Numuer oC acra 10 be covered by Special Use: Permit Clh ....-11_... _ _ pia&) Contact Person (Whom should wc ell/write e:onc:cmin¡; Ihls proJce:t?): a YQQ Nu a Yc~Q Nu Is Ihis an amendment La an existing Special Use Permit? Arc you submitting a siLe: developme:nt pl:m with this application? Addrcsl NA(-t- ~W1rL ~~. ~\D l\+~ & Citytm\\~s.\JÚ LL Daytime Phone (ill) gll ~ J.SLfs Fax # LgLf, gK/)- ..Jd.Lo5: rï SUi ¡ Statc~ zip:tL~Dl! Owner of land (As lislcd in lhc County's n:e:ords): E-mail .lb1 . Addrcss~ w~'2DàéI Daytime Phone (m ) 91/- Rü.,1 ~ Fax # '~. ,~ C~ty (~r: ~\\AI ~t:J.lC '£lL Zi~1 =J E-mail Applicant (Who IS ¡he: e:ont;te:t person represenun¡;1 Who is requestin¡: thc spce:i;ü usc1): / (S M~ S*-. ZOù City ~ Slate\L1L Zip 2Y01~ : I Fax #910-J'LÇ~-mailrb)'jY'Y) ~~~t.@" I . nt:.~ ~~.~ Addrcss5) IS &r nltm Dr I Daytime Phone (~) ;2.[);J. - ~[)q I Physical Addrt:SS (ir~i¡:ncd) Docs the owner of this property own (or have any ownership intcrest in) any abutting property? If yes, ple:lSc list those tax map and parcel numbers ,1\1 0 . OFFICE USE¡:~;a~:unt S CjfD Dale 1'3id r43!:/ù Check tt3/fjJ3 ReceiPt~!,; 3cgßY: cJJ!'L/ History: qrSpcci31 Use Permits: ,;2 (){rì; - c: -J ,ç;. Q Z.'AAs and Proffers: . Q V:ui3nccs: a Letter of Authoriution a Yes a No J)ÆS- oiL Concum.:nt review of Site Development ¡Jlan? 40 I Mcintire Road .:. Charlottesville, VA 22902 .:. Voice: 296-5832 .:. Fax: 972-4126 II ATTACHM·ENT A Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that. "The boa hereby reserves unto itself the right to issue all special use permits permitted hereunder. Speciar" 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 changcd 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. safely 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. Whal is lhe Comprehensive Plan designation for this properly? &. ~ Ctf-ft\.c.h(?{'J How willlhe proposed special use affect adjaccnt propcny? ?='e.P. ~ () ..ol . How will the proposed special use affect thc char:lctcr of lIle dislriel surrounding the propcny? ~ " How is lhe use in harmony with thc purpose and intent of the Zoning Ordinance? ~ a±to..c ~ d How is lhe use in harmony wilh lhc uses permined by righl in lhc district? ~ O:l-t-ac~ Wh~t additional regulations provided in Scction 5.0 of the Zoning Ordinance apply to this use?ç:;:e.. ~ How will this use promote lhe public health, safcty, and gencral welfare of thc community? Ste... ~d ~ I~ · · · Describe your request in detail and include all peronent information such as the nur, involved in the use, operating hours, and any unique features of the use: 5cL ~~CN c1 ATTACHMENT A . - ---- ATTACHMENTS REQUIRED. provide two(2) copies of each: ~ 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number, ~ Note: If you arc requesting a special use permit only fòr 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. panne.rship or association, or in the name of a trust, or in a fictitious name, ~ document acceptable to the County must be submitted certifying that, ~he person signing below has the authority to do so, 2. 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 A IT ACHMENTS: .)( O· 4, 3. 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, ...-. . '!s;. /;;!/ /0 ;::; Date G R r' .-, \ Î~CJ(V\. ÙS2 W(.~\" Printe ame J ~13i - 97 fSOc2Ý Daytime phone number of Signatory rj k(~- , ¡--- ATTACHMENT A Gallihugb (Nextel Partners, Inc. - VA 125) What is the comprehensive plan designation for this property? · RuralI Agricultural How will the proposed special use affect adjacent property? · The proposed 126-foot monopole will not adversely affect the adjacent property, as the pole and antennas will not extend more than 10 feet above the top of the tallest tree within 25 feet of the centerline of the pole, and the proposed facility will be only l1Ûnimally visible from adjacent properties located to the north, south and east of the pole. How will the proposed special use affect the character of the dis4ict surrounding the property? · The proposed wireless telecommunications facility is not inconsistent with the existing development in the area, since it will be minimally visible from adjacent properties, will not generate additional traffic or development. and preserves the character of the area. How is the use in harmony with the purpose and intent of the Zoning Ordinance? · The proposed facility is consistent with the County's preference for monopole structures, which extend slightly above the treetops as discussed in the County's wireless design manual, and for the use of flush-mounted antenna panels. In addition, wireless telecommunications services provide an important public service to the community by creating a "convenient, attractive, and harmonious community," consistent with the intent of the Zoning Ordinance, More importantly, wireless telecommunications provides emergency communications for individuals, businesses and tourists in Albemarle County, an important component of public health and safety, How is the use in harmony with the uses permitted by-right in the district? · The proposed facility will not restrict the current uses or other by-right uses availablè at this property or by-right uses on any other property, What additional regulations provided in Section 5.0 of the Zoning Ordinance apply for this use? · Section 5,1.12, which outlines public utility structures and uses, and Section 5,140 regarding Personal Wireless Service Facilities, 1'1 ATTACHMENT A How will this use promote the public health, safety, and general welfare of this · community? · The proposed facility will provide increased and improved wireless telecommunications services to this portion of Albemarle County, especially emergency communications, and will increase overall communication services, Emergency communications is an important component of the provision of public health and safety, Describe you request in detail and include all pertinent information such as numbers of persons involved in the use, operating hours, and unique features of the use: -" Nextel Partners, Inc. ("Nextel Partners") requests a special use pennit to construct, maintain and manage a wireless telecommunications facility on property owned by Gregory Gallihugh, identified as tax map parcel 74-2C in the Samuel Miller Magisterial District, In addition, Nextel Partners requests a waiver of the requirement that no structure be located closer in distance to any lot line than the height of the structure, in accordance with Section 4,10.3.1. The facility would be comprised of a wood monopole with flush-mounted antennas, along with the necessary transmitting and receiving equipment, The pole will naturally dark brown, or stained dark brown in color. The antennas and ground equipment would all be painted.a flat, dark brown color. · Nextel Partners has entered into a lease agreement with the property owner for a 4O-foot by 4O-foot lease area with the facility located entirely within this area. The facility will be accessed by an existing driveway to a path that will be upgraded and graveled to reach the lease area. The facility will emit no noise, odor, or glare. Nor will it interfere with television or radio reception in the surrounding areas. The facility will not be lit unless so required by the Federal Aviation Administration, The pole will use three panel antennas with the following dimensions: 96" long, 12" wide, and 7" deep, Nextel Partners' FCC license requires it to operate its system in a defined service region using designated radio frequencies, Each site must be precisely located relative to other facilities within the network to ensure that Nextel Partners complies with the terms of its license. The network requires a facility at this location to avoid a gap in service to this portion of Albemarle County. Nextel Partners carefully selected and designed the proposed facility to provide a structure that provides adequate height and range of coverage, minimizing the visual impact of the proposed facility on adjacent or nearby properties, Location of the facility on this parcel will enable Nextel Partners to construct the facility with only a minimal amount of grading and clearing, · The subject parcel is zoned RuralI Agricultural. The surrounding properties within 2000 feet of the proposed facility are primarily used for rural residential and agricultural purposes, Included with our application is a large copy of the topographical map of the property, On this topographical map, we have drawn a 2ooo-foot radius around the l~ ATTACHMENT A centerline of the proposed pole. The tract of land on which the site is located contains 2.78 acres, A surveyor has estimated the tallest tree within 25 feet of the proposed facility to be 116 feet with a base elevation of 633 feet ASL, and a top elevation of 749 feet ASL. The height, location, base elevation and top elevation of numerous other trees within close proximity of the proposed pole are shown on the enclosed plans, Nextel Partners . requests a pole 10 feet over the tallest tree within 25 feet of the centerline of the proposed pole, which corresponds to a 126-foot pole. A pole at this height and at the location specified would have a base elevation of 633 feet ASL and a top elevation of 759 feet ASL. This proposed height will enable the signal from the antenna to extend over and beyond the trees around and near the pole. Nextel Partners will work with the Planning Department Staff to conduct a visual impact study analysis with a balloon to demonstrate that the facility will only be minimally visible from State Route 637, Interstate 64, and sUITOunding properties, The proposed facility was designed to strictly comply with the County's wireless design manual, The antenna panels will be flush-mounted to the pole and will not extend above the top of the pole. The pole will be dark brown and the antenna panels, equipment cabinet and cables will all be painted a flat, dark brown to match the color of the pole. In addition, the concrete pad will be tinted earth tone. The color of the pole and the ground equipment will enable the facility to effectiv4Y blend in with the wooded area. Once constructed., the facility will be visited approximately one time per month for routine maintenance checks. The facility will not impact the provision of services by Albemarle County. As a telecommunications facility, this proposal will serve the public health and safety of the community by fostering increased communications, especially emergency communications. Most importantly, due to its design and precise location and siting, the facility will only be minimally visible from nearby roads and residences, /0 ATTACHMENT A ARBORISTRY ASSOCIATES, INC. .22 Perkins Hollow Lane · Faber, VA 22938 www.arboristry.com "Per/fIrming the, \rt or 1ì-ce & Shrub Carl''' Office 434-263-4324 Fax 434-263-8908 Ne. '-¡'~ I PCu\ i-IJ ~ f\.5 /" :I 11 (.' . )'1/ S 8 eN} iL"J /)", .5{.1 I"¡'~ 1.. ðO R.ðQ...,~/<;e/ v~ 'J...Lfo/B ~H,,: 1<15. f()IYI)~ CAba./I/( LlJ Ga.-I ì 0" ø 8R./.l...J /¡ OM t. J: j'l' 1)/(.1< wðods Rd, c.A tlJ' '-4 H~5 I/III~ VA / ? /:J. 2../ð] IVð S('a../~ by r)I ; k ~ N Rtt I ÍÌ'~ € I D /Y) A f /r3. · I b IIf J3 2. / 20 q 8 7 6 IS 11 10 1..1. ')..1{- 12 1-' £)(/51-,'19 ?..5 ¡J Td W e.f' "J.. B IS @ (Å f' U)... S 30 ì~ ø " "" I If 'f-5 6f'()"u~( .2 3 7 3 " 35 f\ oa.4 3 'J't "" '" 3 9 \ Lfo <f'f I ~ '" 'fr If:J \ " 'f2 '\ · ", f ~ /? ARBORISTRY ASSOCIATES, INC. 422 Perkins Hollow Lane Faber, VA 22938 www.arboristry.com :ustomer: "Pe/formi"g the ,\,-t (~l Tree & Shrub Care" Tree and Shrub Care Proposal N .R.. ..¡, f~ I Ptt.I' 'ÍI') ...f.1' S- . S /Is 8 el'1'at'tl f)/l/'U~ l(øa.Hokll vFJ / fJH-(l: /ht; './2..# 0,« "'I. du\ ,5' ~ 13,) 13. ý'f S if ,.2. t- ;, 5" (( '2.. / If Ð()ubl-t TNIII<~I J.. 7 II - ) 7 " /I ,( 1 5,7J {( o S [f if l.,;tS" 1. 2. ir f<d IYI1IJ (-(~) H~ t it t " s ó9, S-" I !i I lfS 7nc. SrI ,. f~ 2-Oð 2.I.fOff! ATTACHMENT A Office 434-263-4324 Fax 434-263-8908 Proposal Date: IH<Jbll. f=terAêephone : g" /;1..2 / OJ 5'IS- 2..02 -loi/¡ ~lf(J - 7 1-!) - 'ff(Jð S''f(J - 7).. $' - 'fr So @ 'f,s" ". Ih aM ~ f..e/l Office Phone: £1'1 ha.nk ~~ ?.o/"3 ¿,t'o( T~:ff ~ ~ I.L R ¿J f)¡ 4. ( ..( , S(¿f CL "1"(1.$ of 116 TvL;' 2.() " 6 if, fr '2·0 ' IS IS t /2. J " 3.~() ¡5' 5,) 5' I' ;7 5 11,)..,'( tI 301 ( I 217) "" f' /2 ; II II' 1/' 10 ðS :J...S " 5~ >e~/'4.SS I () 6' (tJD ,. R~ 111 I~ 18 7, 7 S'" f' 'LS' S' ¥". "TV L/ 1b¡41i(\ Pf/ ¿ /9 /1.. ,s rr S'lf' h L¡' Ib pitt" /? -2.J () . l. t- I( 2ð , p" ;)../ I 5> 7) :2.'2.. I j, )'" ~tJ' Ll_ " TV 'Tvt., " ~, 7) 2'f I, 15''' , Iv L¡' )..> " o 6 a zr ..,-, À) 50 7 ,. ;...7 ], 2.5'''' srf A -L<I /k. L~ I. ~, " /J.m IJI"¡'OZ ð" w""cI cÆ..:1'1' OtJ IV"ul Otl. V¡'f' rue ~ " ~ II,' &. I< " I' A.u/ M¡¿ /, I have read and understand the abO\:e recommendations. work descriptions and prices along with tbe tenns and conditions on the reverse side and agree to tbese. Tv L.,' / íut...¡ ,,{a.(I 711 L.., Customer's Authorized Signature 1- o is' (, 3 I 3'2.. if. 7 5'" " rL :J..S" 6ó Date J11l'k~ I!/ -"'-Q. / Prepared by: Prices quoted are validfoT 30 days. ~ ~"'!·f¡.J w.-Hil'! r;,i t-a"- I~ ARBORISTRY ASSOCIATES, INC. ATTACHMENT A .422 Perkins Hollow Lane . Faber, VA 22938 www.arboristry.com :;ustomer: N ¿ 'f f.-€. / "Pel:/,ormillg the Art (~r Tree & Shrub Care" Office 434-263-4324 Fax 434-263-8908 Tree and Shrub Care Proposal Pa,...fn~f's 1-11. c.. , 5//5 Ae.l'lIdtV/ {)".'I1~ R 0 t1.1\ ð k ~ . {/ ~ 2- If ð I (J / 5Uiff!. '2..CI-ð Proposal Date: II'Y'¡,/~ t;:œ:œ Phone: 8/22../03 5'/Y-2...f}2- ]0'11 S'i-ð - 72S- '1ft?"() Office Phone: Nt <; ;.1:' R. (J Á¡ II" f" bQ.lI-( @ If.$'" I Or' tLWl4 jot" Ifetø;l-- 5 ð-4. C ;' -€ A- H", : Ít'a tt 3} jLf '35 3 b Ir If. J. J I tJ. If ì. 5 I ð If ),7$"" -å7 ~8 19' II) 'I t( 7 1 J. I( 'fo 5' If if; tf'l '.5 II '1 I 5 " 4-3 'f'f 4-5" '1.5" ., '2.., 7 rit F=CH£ S'fð- 7 'LS- - If? Sa 30/'3 ,. ). 1. ¡.¡. ,... ck" f' Y , / 70,5 8/4.(,k wlLLnv7' /' ÇS /a" S5 I t.¡.,s-' r S'J. '2.. 2. ,. IS ... 18 20 / ... 16 ~ ~ It1A..AI € , æ ~ d a.../<, ~ ~ Itt4t¡JI < cA ~N\V .. CÁ el'f'Y . Tv Lt'/l I'l7jJltlA.. . . {)O'iiU~ , M.tf,1d>C(.. 7[,.. L _/' jJ" jJ ',:p., Tv L.jJ P"I'(ìlf' Da.d f)t]¿·6i,¿ 1I,f'Y'<14. fJ¡ ì1-< w/ II, '" <!-s , . I have read and understand tbe above recommendations, work descriptions and prices along with the terms and conditions on the reverse side and agree to these. /h.ke /1/.... ¡¿ell Prepared by: Customer's Authorized Signature Date nices quoted are vaiid for 30 åavs. /9 ATTACHMENT A ARBORISTRY ASSOCIATES, INC. "Performing the Art of Tree and Shrub Care" ...22 Perkins Hollow Lane Faber, V A 22938 www.Arboristry.com Office: ...3... 263-B2'" Fax: "'3"'-263-8908 TERMS AND CONDITIONS Payment Payment~sDUE UPON COMPLETION of work unless otherwise specified. Arboristry Associates, Inc. will bill customers upon completion of work, and payment shall be due upon receipt of invoice. Any payment over 30 days will be subject to a finance charge at the annual rate of 24% which will be applied to the current balance and compounded monthly. The customer is responsible for all costs associated with collecting past due accounts. Written notice will be given on all overdue accounts. Accounts overdue for 60 days will be advised that legal action will be initiated unless full settlement of the accountis.received within a specified time frame, There will be a charge of $40.00 per incident for returned checks. Ownership and Access The customer or representative of the customer warrants that all trees and shrubs subject to work are owned by him/her or by whomever he/she is representing. Customer shall provide access to work areas. For access through adjacent land, written permission is required from the landowner, Concealed Items If not stated on the facing page any conditions not apparent during estimating this work shall be billed on a time and materials basis. Conditions such as concrete, rock, pipe, foreign matter, utility lines, or stinging insects in the trees or shrubs are some of the kinds of concealed items that may require additional work and/or materials and supplies. Labor rate will be $50.00 per man-hour unless otherwise stated. Insurance Arboristry Associates, Inc. and its employees are covered by Worker's Compensation, medical, auto, and liability insurance. A, certificate of insurance is available upon request. Cleanup of debris Unless otherwise specified on front, "complete cleanup" shall consist of removal of all resulting debris and raking clean "No cleanuplleave debris as it lavs" shall consist of no cleanup of any kind. Firewood shall be cut to a specified size, such as 18" - 24" lengths and left un-split Tree and Shrub Care Services Specifications Arbonstry Associates, Inc. follows the American National Standards Institute (ANSI) Guidelines for tree care recommendations and services provided. Please see company specification sheets unless described on proposal. Insect and Disease Treatments Arboristry Associates, Inc. is responsible to make the proper application of formulations commonly used in arboricultural business Any unforeseen and/or abnormal reaction resulting from these treatments will not be Arboristry Associates, Inc. responsibility Job Cancellation If a Job IS cancelled once authorization to proceed has been received, Arboristry Associates, Inc. reserves the right to charge a minimum cancellation fee of $35.00 or up to 10% of the value of the contracted work. 4/1/2003 ,;Zó McCuireWoods LLP Court Square Building 310 Fourth Street N,E., Suite 300 P.O, Box 1288 · Charlottesville, VA 22902-1288 Phone: 434,977,2500 . Fax: 434,980,2222 , www.mcguirewoods.com Valerie W. Long McGUIRE' ^ "CDDS Direct: 434.977.2545 V VI ATTACHMENT A vlong@mcguirewoods,com Direct Fax: 434,980,2265 November 20, 2003 VIA HAND DELIVERY Mr. Stephen B. Waller Albemarle County Department of Planning & Community Development 401 Mcintire Road, Room 218 Charlottesville, VA 22902 Re: SP 2003-070 GallihuQh (Nextel Partners) Dear Stephen: · Thank you for your memorandum of November 14 regarding comments to the Nextel Partners application for a wireless facility on the Gallihugh property (SP 2003-070). In response to your comments Nextel has revised the plans to address the comments of the Planning and Zoning Departments, and I enclose with this letter 16 copies of the revised plans. Pursuant to our telephone conversation today, I would request that a copy of this letter and a set of the revised plans be included with your staff report to the Planning Commissioners so they are aware of the changes to the plans. For your convenience I have also enclosed 16 copies of this letter. Please note the following plan revisions in response to your memorandum of November 14: 1. On sheet C-2, Nextel has removed the note referring to removal of all vegetation within the lease area, and also the note providing that the lease area will be graveled. According to Nextel's engineers, there will not be a need to clear or grade the lease area. As such, there is no reference to limits of clearing or completed grades. The engineer did include a reference for the finished grade of the concrete slab, which is shown on sheet C-2. 2. Sheet C-5 contains detail drawings of the proposed equipment shelter and antenna panels, including heights, widths and depths. 3. The location of the equipment shelter has been shifted to the edge of the lease area and the cable ice bridge has been extended and routed around tree T -18 to eliminate the need to remove this tree. As such, the conflict with the conditions of approval of SP 2000-028 has been eliminated. 4. The distance from the centerline of the proposed pole to Interstate 64 is approximately 900 feet. · 5. Sheet C-4 now shows the lease area on the tree plan. i;:¿( ATTACHMENT A . November 20, 2003 Page 2 6. The County's tax map and parcel number for the Gallihugh property is now included in the general information section of sheet T-1. 7. As we discussed with you at the balloon test at the Gallihugh property, Nextel has shifted the location of the proposed monopole several feet to the northwest so it is closer to the tallest tree within 25 feet of the pole (tree T-20). The new pole location is reflected on the plans, and is at a ground elevation of 634.9 ASL. Because this is at a slightly lower ground elevation than on the prior plans, the proposed 85 foot monopole would be 7.7 feet above the top of tree T -20, a reduction from 10 feet above tree T -20 as shown on the earlier plans. 8. Dave Rosene at Van Yahres Tree Company has reviewed the proposed plans to ensure protection of the surrounding trees and recommended the installation of tree protection fencing around several trees and the fertilization after construction of several trees. Nextel has incorporated these recommendations into the plans as shown on sheet C-4. Please note that Mr. Rosene reviewed a prior draft of the plans (before it was determined necessary to shift the location of the shelter and ice bridge) as well as an advance copy of the plans that we are submitting today. I have included copies of his correspondence for your review. 9. On sheet C-1, the second paragraph in the box marked "Notes" on the far left side of the page has been revised to reflect that 110 trees are to be removed during road construction or development. 10. Regarding compliance with section 5.1.40(b )(2) of the zoning ordinance, Nextel will contact the adjacent landowner regarding an easement. Please note however, that our original application included a request for the waiver of this requirement. Should you have any questions or comments regarding the enclosed plans or any aspect of this application, please do not hesitate to contact me at 977-2545. I appreciate your assistance with these issues. Sincerely, v~µJ·'þ¿) Valerie W. Long Enclosures cc: Rolynn Eubank, Nextel Partners, Inc. \\REA \194704.1 22 ATTACHMENT A Nov-19-03 09:39am From-NEXTEL PARTNERS .. '-.J'" . VAi'I )'A.SIŒS TREE COMPANY . '--" V¡1n Y~hn::'i I¡a, ~ny 1W7 LIM~ÅYmu~ C'leullIIU:C(¡!Ie, 'Vltllidi" 22902. ¥\,I4.;tY.,5.J 1J4 Falc eø-i.07l.:zIlSS . v , ri.lIfod........,.,;". ~~~-=~=:-- ¡@\ 540 725 4950 T-7G8 P.UU'/UU~ r-4~ij V1-tl~ October 31, 2003 MçQuirç Woods P.O. Box 1288 CharlottesVille» VA 22902-1288 Attn: Valerie Long Dear Ms.l..on& A fter "'SiMS the location fur a tower on the GaIhùugh. site (V A-l25P-D) and examintng1he. :mrring ~mant.$. I WOUld ",eke the fOUowing recommenð1\tions. !here is no proposed tree protection funning listed on the s.ite )!Ians. The fence should be indicated on tho tree p1an where 1 ha"'e drawn the Ot'aT1ge tine. Mo'Ying the pole east twelve- feet wtll decrease me interference with existing tree cMOpit::; .and nnt si{:nificamly change the impact on any oftbe 5UI'IOUJ1ding tt~s. Trees 10 through 12 and 19 through 21 wiU )Jave the greateSt disruption of'rootiDg area. Fet111i2ation a.fteT CQl1$åUçtjuu is complete canhetp reduce the dam.agin.¡ effects of the oompacd.on and root 10S$. Plt:tt::l¡; ~ mÇ a. COpy urt1æ JeVi:sed plans for my files when they are iIViÚlablç. If'you MVC any :fùrtb.« q~am please contact me at. (434) 982-8733. ~ Do.V8 RO$ene Certified &borist ;ß ATTACtiMENT A Noy-19-03 09:39am From-NEXTEL PARTNERS 540 725 4950 T-768 P.003/003 F-439 NQ ~~. TOP p,.¡:y. CNAVD"a8-fŒTJ PiAW'Ba-fŒT) , 2 11.$ 8.3 ß7~Ü; 3 S .. 620.,' 68'1.4 '-" 4- 12.9 Q, 64~...2 5 fi~~" G &0,8 630.7 7 .31,2 1S.31.Ò 662...2 '7 1531..2 6"'8.1 1. ti4H.!f 12,2S E;4.. q!'í "'-2~ 33.9 670.2 ..r., 41-1 UTð.5 7 2.0 4.2:; ~,D I.JJ C5ð3, ,'1 RFn 'UbLF. 1011 " 1e OM< CREO) .3,7$ &36,7 6f.i7' f;I ~ RaJ 1U\Pl:E' 10,0 G.JI7.D 690..3 WALNUT .:; I)~Q,2 71Z.2 '21 o'f.\Ÿooo ' 637.8 22 POPLM 2..75 638.' 6ns 2;5 N!.If': f' 671.7 Z M~ ~ eee..5 ?5 [ ,U 2& ~y 12..0 1 f\SI."i.O 27 YIRGJN/APINt: DLAD CO C )~ 667...5 Ztl v INI... ~,O &40.1 7 2.G '--" TREE ELEVATION TABLE - ;~ -~ .... '-........-.....,,- ~..-~ '...... ~.-.,;#",. ....,.---" --......- ....~...-- .,.- ..,- -- - - ...... ...-- ~/Q~ - /ohqøI\ cp ~ (~ ::.::: l+--ìS l;t.fba.~ ea.~r o! ~~~n- r¡rl~ ---- r- $0 ~);: J s TI/~ (~"'t'I~~ ~ Ý7èe.~ -- --_..--~.... ~_...--- -- -- --.,---- . -....... -..."..."..-- __.J TREE PLAN ~~ ATTACHMENT A Long, Valerie W, · From: DaveVYTC@aol.com Sent: Tuesday, November 18, 2003 12:27 PM To: vlong@mcguirewoods.com Subject: Re: Nextel Partners Gallihugh Site - revised shelter location Ms. Long, I have reviewed the attachment for the update on the Gallihugh site (VA-125P-D). Shifting the bridge to miss tree # 18 will have no impact on the other trees on the site. My original recommendations for fertilizing and tree protection fencing should still be sufficient. If you have any further questions, please call me at 982-8733. Dave Rosene Certified Arborist · · 11/1812003 ;)5' A TT ACHMENT A ~ NEXTEL é: Partners INC, NEXTEL PARTNERS, INC. 5115 BERNARD DRIVE, #200 ROANOKE, VA 24018 (540) 725-4905 DATE OF ORIGINATION : 08-22-03 DRAWN BY : ADF CHECKED BY : RAP REVISIONS 10, DESCRIPTION ~ REV, PER NEXTEL 8/27/03 ~ REV, PER NEXTEL 9/25/03 ~ REV, PER NEXTEL n/19/03 4 5 6 ~KCI ~ TECHNOLOGIES KCI TECHNOLOGIES, INC 4601 SIX FORKS ROAD RALEIGH, NC 27609 (919)783-9214 PROJECT NAME : GALLlHUGH SITE ALBEMARLE CO., VA V A-125P-D SHEET TITLE: ZONING EXHIBIT TITLE SHEET & LOCATION MAP - SHEET NO,: T-1 - KCI JOB NO, 12032044 A - - SEAL: ;2Co " CONSULTANT PARTICIPANTS ROBERT PRum JIM GELlENTHIN NFORMATION - 3~O1' 07~ 36' 57,694' (NAD '83) 48,070' (NAD '83) 634.9 (AMSIJ 85' (AGIJ ~ LOCATION SENIOR ENGINEER: PROJECT SURVEYOR: LATITUDE: LONGITUDE: ELEVATION: TOP OF A TOWER: INC. ~ ~~.~.. .3:' ,/~, ';;...~::~~:,. GALLIHUGH SITE PROPOSED TELECOMMUNICATION STRUCTURE & 85' MONOPOLE TOWER 3626 DICK WOODS ROAD CHARLOTTESVILLE, VIRGINIA SITE #: VA-125 P-D NEXTEL Partners INFORMATION 07400 00 00 OO2CO & D.8. 371, PG. 064 GREGORY & TNlMY GAWHUGH 3626 DICK WOODS ROAD, CHARlOmSVILlE, VA 22903 TIM HUBERT 434-531-1337 NEX11:L PARTNERS, INC. 00 JUUE LEEDOM 5115 BERNARD DRIVE /ROANOKE, VA 24018 (540) 725-4905 1(540) 725-4950 SEE INDIVIDUAl SHEETS œ2503 UNMANNED TElfCOMMUNICATlONS FAOUlY BUltDING IN GROSS S.F.: 200 3626 DICK WOODS ROAD, CHARLOmSVILlE, VA 22903 U - UTIUlY AND MISCBlANEOUS 2C - NONCOMBUSTIBLE 1 UNPROTECTED UNMANNED GENERAL PARCEL #:_ DEED BOOK & PAGE: lAND OWNER'S NAME: lAND OWNER'S ADDRESS: CONTACT: CONTACT PHONE#: _ DEVELOPER'S NAME:_ DEVELOPER'S ADDRESS:_ DEVELOPER'S PHONI7FAX #: SCAlf: DATE OF PIAN: PROPOSED USE OF PROPERTY: EXISTING'PROPOSED AJŒA OF STREET ADDRESS OF SITE:_ USE GROUP ClASSIACATlON: CONSTRUCTION TYPE: OCCUPANT LOAD: . DIRECTIONS TO SITE THIS DRAWING IS COPYRIGHTED AND IS THE SOLE PROPERTY OF NEX11:L PARTNERS. IT IS PRODUCED SOlELY FOR THE USE BY NEXTEL AND IT'S A¡:¡:llIATES. REPRODUCTION OR USE OF THIS DRAWING ANooR THE INFORMAllOI~ CONTAINED IN IT IS FORBIDDEN WITHOUT THE WRmEN PERMISSION OF NEXTEl PARTNERS. l ,_x/ "". x.-~.. ~. {~ '?1il~1(4, "-';".<::";' i . -"". . i:'. ~__, ,~:~,",)~_/ .........~...¡,~.... A.D.A. COMPLIANCE FACIUlY IS UNMANNED AND NOT FOR HUMAN HA8ITATlO:~ DATE: DATE: DATE: DATE: DATE: LOCATION MAP ~ NOT TO SCAlE SIGNATURES: ,- PROJECT MANAGER: -- OPERATIONS MANAGER: RF ENGINEER:_ SITE AQUISmON: LESSOR: NDEX OF SHEETS - TI TITlE SHEET & LOCATION MN' - a SITE PIAN - C2 COMPOUND DETAIL - C3 TOWER ElEVATION - C4 TREE ElEVATION PIAN - SHELTER AND ANTENNA DETAILS & . I-CS . 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A lNO S3S0dèlnd ~NINN'v'ld èlO.:l am 31 'VI^IIXOèlddV' 3è!V' N'v'ld SIHl NO NMOHS S3111llln .:10 NOIIV~Ol Âè!V'SS3~3N SV' lid lS31 Â8 SNOIlV~Ol Allllln ~NI1SIX3 Â.:Ilèl3A ll\fHS è/Ol~VèllNO~ 'S3111^1l~V' NOI1:)nè/1SNO~ ANV .:10 IN3r13~N3V'1I^10~ 01 è/Olèld S3111l11n ~NIlSIX3 .:10 NOIIV'::>Ol tJO.:l UOOL -ZSS-009-L) ..3NO V' A.. l~V INO~ ll\fHS è!01::>Vè/1NOJ 'NOIIVI^lè!O.:lNI NOIl'V~Ol Âllllln ~NI1SIX3 0311:>110S 10N SVH è!OÂ3^è!nS èlO/ON'v' è!33NI~N3 A.L111~n ~N3W31"~S £O-U;-gO ~KZ;¿ (o~ç) QlO~l: VA ':J:jONVO~ 00(';# '3MlQ mJVN!38 çijç ':>NI'~3NUIVd 13.!X3N ~- '¥ -\3 .JNI sJ9u:µed 13JJC:if\j \¡f lN3WH~\¡fll\¡f ATTACHMENT A LEGEND ~~ ~ NEXTEL EXIST, PROPERTY LINE é/ Partners INC, '"Q, EXIST. UTILITY POLE . ~. NEXTEl PARTNERS, INC. ... CONTROL POINT SET 5115 BERNARD ORNE, #200 ROANOKE, VA 24ma @ EXIST. IRON PIN (540J 725-4905 --200-- EXIST, CONTOUR LINE ~ ~200- PROP, CONTOUR LINE ~ .~ DATE OF ORIGINATION : 08-22-0.3 //'1 EDGE OF PAVEMENT ,~ DRAWN BY: ÞDF -x- CHAIN LINK FENCE ,~ CHECKED BY : RAP f"YY'\ EXISTING TREE LINE ~ REVISIONS ~ PROP. CLEARING LIMITS i 10 DESCRIPTION -SF-sr- PROP. SIL T FENCE '; ~ REV. PER NEXTEL8/2710.3 -TP-TP- PROP, TREE PROTECT.;~ ~ REV, PER NEXTEL 9/25/03 : REV, PER NEXTEL 11/19/03 -'1'f~~~~~~~2~1!~:~~~_ ~ ti , , , , , " , ............-- ~ LEGAL DESCRIPTION OF A 37 FEET BY 41 ~x X=l - --...... /......______J ", _---- X / ....._- I // xl I I , -, x KCI TECHNOLOGIES KCI TECHNOLOGIES, INC 4601 SIX FORKS ROAD RALEIGH, NC 27609 (919)783-9214 PROJECT NAME : GALLlHUGH SITE ALBEMARLE CO., VA V A-125P-D SHEET TITLE : ZONING EXHIBIT COMPOUND DETAIL ------ - ~------------------------- ---------- - ,/ ,/ ,/ ,/ ,/ ... ... ,/ ,/ ,/ ,/ ,/ ,/ ... '" / / / / E)ØST~ _ )lONQI-'OLE / EXIST~NG - I FENCl- WITHIN SAID BOUNDS 1517 SQUARE ~~ET OR 0,035 ACRES - - - ~~~~þ~NT ~ _ - - !t!.&. _ _ -EX/SlING _ - ~ - _------- ~----------- SERVICE RACK - - - - - - ---- --- -- - ------ ----------- -- ---- -- --- -, -- -- -" -:--- , ' , ' ,............ " , \ \ FEET LEASE AREA (PARCEl A> ALL THAT CERTAIN 37 FEET BY 41 FEET P.ARCEL OF LAND, SITUATE ON TAX MAP PARCEL NUMBER: 07400 00 00 002CO LOCATED IN THE COUNTY OF ALBEM.ARLE, COMMONWEAL TH OF VIRGINIA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: x BEGINNING AT A POINT, SAID POINT BEING NORTH 69· 41'37" EAST, 26.57' FROM THE CONTROL POINT LABELED TBM41;3 HAVING A NORTHING COORDINATE OF 3899593.88 AND AN EASTlNG COORDINATE OF 11450256.07. FROM SAID BEGINNING POINT, CONTINUING THENCE: (1) SOUTH 00· 30'27" EAST, 41.00 FEET, TO A POINT, THENCE; (2) SOUTH 89· 29',33" WEST, 37.00 FEET, TO A POINT, THENCE; (,3) NORTH 00· 30'27" WEST, 41.00 FEET, TO A POINT, THENCE; (4) NORTH 89· 29'33" EAST, 37,00 FEET, TO THE POINT AND PLACE OF BEGINNING. __', ............... J -1-------- I' --- , ~- ~x '_,_ ___ I I J-ì'V - -_/ / ~" //- /----- / -- --- -- ' ..... - ' , ~ -------- ---', ~ - .....- , , _ ..... _ - P01/'fT OF - _ _ _ BEGINNING _--- ~ _---- _---~, PARca;A' ---- . --- --- --" ~ IBM--'I(5- - - - - - - - - - -Æ L PROPOSED' SET IRON PIN _ _ _ - - - - -, SIL T' ENCE", .-380959'." / / _ .:_ - , (SEE ~T D-'~ ~LE11V450256,07 - - - - - - - - ,~þ , _---~-- _-- _ _- _ 9'3J"E ,-------,', _ /_ __ _ _: _ g: _ _ _ _ _ _ ,_____________________ '31·00~ / r' .....y-_ __ " - ~-- ,-- -'~_..... -, ' " ,-< " _----- _- , " :1', " _ _ _ _ I' ' 'l.G, ..".~ ' -I _..... / I ,,:t5' , ' _ EXISTING - - ~/ /" '- - - - - r:.,9l Ai, ' ' ~ // / / ,.. ~' " , , ,I TREES / / / / / ' , " , " CTYP J _ - - - j / / / / '" ' , " ' ,'¡-" / --- / / / / , , ' ,', ( _- { { " , ' , ,I 'I /1'ROPDSED 85'. .", " ' 'l PAINTED FLAT D';::lt~.', " i', ~ ", >-, " , , , 1>- , , , , .' , ","~ ,,', ' & PftOI'DSED 2' WIDE ICE -' ", '~ 1, " PAINTED FLAT DARK-BR~ ' " , ,/ t' ' , _-- WN ,,'~' ,/,/ J.'/ D ' ---- ",/--,/;::. .......... '/;::/ " --- ----;::',/ :~ ~ 4· PROPOSED " - - - - - 1:- PAINTED FLi<? x~.!:P1El SHELTER :g C3 - - - - - - - - - ~ - - (CONCijE:¡:e- ~ --VI'''''' BROWN I -,/,/ _-...EAR-TR TONÐ°UNDATION TINTED ,/ ¡- .4- _-- . -4 TOP OF SLAB ~ A PROPOSED 37'x41' _ _ - - - I." -640.1 ~LEASE AREA - - - .., ~ (PARCEL 'A'l----- · --C----- _---- 1 ---------- -- -- .......... ,/,/- I ~ -- , _--- , C _- 1 -- . ---- .' .....- -- - - -..-- ------- ~-~- -- ----- ~ -- --- .4.PROPOSED ;:R;E ~ -- _ _ PROTECTION FENCING \ I I / " / " \ " \ '/ ------- --------------------- ------ ------------------------ EXISTING 10' WIDE ACCESS DRIVE ,/ - - -- ,/ ./ - - - - ... - -- ,/ - - ,/ / / / / ---------------~=:;~~~-~~~~=~~~-~-----~~~::...-',', ....../ // ---_/ ................. ./ ,/ , ... ./ ' _---7~-- " ------ ...'" " - ... ' ---- " / / / / / . - - - - -- - ...- ,/ / / _.....- ...................._____.....-6"';)0 - ---- .......... -- ..-------- -- ~--_// ----- . CONT AlNING ------- ----- ----- ----- --------------- .......... .......... ~' Co'? / / / -------- ------ ------- - - - - - .,. - - SHEET NO. - - - - \ - - - _Y""" C-2 - - - - - - - - - - - NO.: 1203204 - - - SEAL: 4 A - - - - - - - - - - - - -- - /r,\ - - ~ - - - ~.. - - - - - - - - - ~ 1'0 - - - -- / -- / /-- - - ~ - - / - - ~UE11 / -. - / -- - / -- - - - -- / - ~ / / - - 9 - - -- - - - - -- - - viE , ,- I " ...... ........ c...r~ ....... 010 ' .. ~'o ' i:: ,,' - , -. :1 ' -A., ' t- " I ----", ¡ "" ", I , '" I ¡ PROPOSED GRAVEl', ',I - - . PARKING SPACE , ,,' -.-- , ,------ , I --, "- , , , 1 , , -----....... , , , , , , , , , , , , , , ----- , , , , , " , " , ',I , , 20", , , , , 1 NEXTEL 1- TENANT _ _ - - - - - - - ._J- - - COMPOUN9 - DETAIL _~~~-~EE~s.!~---- SCALE: 1" . 10' - _ _ _ _ _ _ _ - - - - - - - - - 5' 10' " " , I ------\--{------ --- I --. 0' ----...----- .37,00' A . ~ ?'!" ~ ~ ~ z ~.,. >~ ~ O~~ ~ m S ~~ m~ ~ ""'~~ ~ ~ ~ ~ >~ ~ >~~ ~- ~> UlZ Z ZC~ 0 O~ ~z Z ~~> "'" 0 ~ C) > ~ Z "'" ""'z 52 zo~ ~ ç~ ~:v0 ~ ~Ø2 ~ (g ~UI ~O ~ UI~Z ~ J;i ~ Z %~> ~~ ~~ ~ .,.~UI ~ ~ ,,0 0'" Z ~ ~ .,. .,. m~ ""'~ (I) z;tl0 r- ~ :vog ~m ~ S~~ ~ m ~z . ~ ~ - ~ 1Z2 i~ ð ~(gÈ ~ c C) PI~ . ~J;i(l) ~ ~ PI æ~ CO a % C ~ g li~ ~ _6C ~ ~ - x ~ 0 _ ~ ~~ - =oc CD c.. C 0- ~ CZ = 0 ~ ;¡ x ~~ 0 = ~ >C) ~ (l)a ~ 0 z% - Õ .i:: ~ (I) ~~ ~~ PI .i:: ~ PI_ _0 ~ ~ r- o~ ., ~ ~ ~ J;i% 1;~ :0 ~ ~o :v m ~ ~- ~ 0 !'I :l :-t ~~>~ o -~ - > !: >~~C) 0% zm~~ ~~o~ o~""'z ~ C) PI~~:v ~~Oo OI"lJ;io zæ' ~z , C) -z"'O c..~:v ....xo I"I~"'O .i::~o UI~(I) ~ :v~o (I)~ CO~ °z ~z t-t~ ° o o ~ BìÞ ~~ ~:v zO ~~ ~O 0(1) ~ ""'0 ~ >CD ~t!! Oi: ~O "ã m~ :vO o~ ~I"I z ~"'O ~:v zO ~"'O PlO 0(1) ~ ¡:!I 0 ~~ o~ ~~ ,,- o m~ :Vm 0:v ~- ZO C) ~ ~ 'I~~(I)"'O ~>8~%:v :~z~~~ :t:°I"l~O ''¡~o~~ P¡;I""'_o .1: ~co E!"",~.-õ o~~ - _x co-~ z>:z:o 0:01"1 - ~"i5~ õm%X z:o~~ o....~ =!~ ~ zz -oo ~ o b2? 'ON 801' 1:>)1 ·ON 133HS NOll V ^313 H3MOl J.IBIHX3 ÐNINOZ v tvOZ£O~ £-~ UI>~ o~O .,.~~ ~~~ z~-;" 0(1)0 õ%s >O~ ~~i: az2 ~~ ~~ ~o o (I) o .,. ~ - t- ~ 31111 133HS Q-dSZL-V ^ V^ 1'0:> 31HVW381V 3J.IS HOnHlllVO : 3rtt'N 1:>3rOHd trJ.Z6-&8L(6~6) 609LZ :>N 'HÐI3lW QVOU S>lUO:I XIS L09tr :>NI 'S319010NH:>:u. 1:>)1 9 ; t S3100'JONK:>3.L IJJI (SYNN31tN 03S0dO~d S13lX3N JO JO dOL) (H3MOl 03S0dOHd JO dOL) ..0",;9 . 0> V. .>. <D w W '01 131X3N H3d'^3~ 131X3N ~3d'^3~ 13lX3N ~3d'^3ij NOlldl~:>S30 s:'O/6~/U s:'0/;U6 to/LU8 SNOISIA3ij dVij : A8 03>1:>3H:> J(JtI : AS NMVijQ s:'O-ZZ-QO: NOllVNI~lijO .:10 31VQ S06r5U (Ol'S) 9101'l: VA '3)ONV01l ooz;# '3MlQ <n1VN!138 SItS ·JNI'S1I3NJ.Wd lID3N ':)NI SJ a u:µ e d :1;1 13lX3N \;I "'lN3I1\1H~" 11" KCI _ TECHNOLOGIES KCI TECHNOLOGIES, INC 4601 SIX FORKS ROAD RALEIGH, NC 27609 (919)783-9214 ATTACHMENT A 08-22-03 8/27/03 9/25/03 11/19/03 NEXTEL Partners INC, NEXTEl PARTNERS, INC. 5115 BERNARD DRIVE, #200 ROANOKE, VA 24018 (540) 725-4905 ORIGINATION ADF RAP REVISIONS : DESCRIPTION REV, PER NEXTEL REV, PER NEXTEL REV, PER NEXTEL : DATE OF DRAWN BY : CHECKED BY 4 5 6 ~ ~J ~ - NO, it. ~ ~ .... PROJECT NAME : GALLlHUGH SITE ALBEMARLE CO., VA V A-125P-D SHEET TITLE : ZONING EXHIBIT TREE ELEVATION PLAN SHEET NO. 3ò C-4 12032044 A ~ ~ A. 1.TH ~~~ Oþ~... ~o <p~ 1~ -fZM~: tUROBEKT ANTH0NY PRUETI :. No. 03-1.527 .: ~ \\\'1~03 ø TO IIJ ~~ 6~~ 4rJOHAL ~ .... t,a.... : : KCI JOB NO, - SEAL: T-28 -- 7:jil --------------------------------------------735 -- PROPOSED - -- --- -- --- SSTTOwfR---- -- - -- - - -- - - - - -- - - - - - - - - - 730 -- ~ 719,9 ----------------- --------------------------725 -- -----------f~õ----- - - - - - - - - - - - - - - - - - - - - - - - 720 -- 712,2 - - T-13- -- -- - -- -- - - - - - - - -- 715 - -.- - -- -- --- f-uÇ -- - - - - - - - - _ _ _ 26.1..9 _lQJ!L__________ - - -____ 710 T-19 -- 690,,3 - --- - - T-10- -- -- - ---- -- -- - -- -- 705 -f..žËf - - - - -T-=-16 - -- _ Q95.,Œ ß8J.3 --- - .§~~- - -- - - --- -- - - - -- -- 700 - -'í-f? -- ;: 693,2 I&J -- ----- --- I&J -;':22- - ~ _~n~ , -- ----- - --- --- GO GO -- -- õ ~ z -- I Z -- 0 ¡:: < -- - - ----------- 670 > I&J -I -- - - - - - - - - - - - - - - - 665 ~ -- - - - - - - - - - - - - - - - 660 T-1 Ii _6~~Q..______ 655 -- -f..2t- - - - -- _~§_3 - - - - - - - - - - - - 650 ( -- - ,. --- - - - - -- -- 645 - . ----------- 640 -- - -- ----------------~--- ø -- ----------- 635 d It -------------------------- ..J____ I f- I I I I I I T 625 50 40 30 20 10 0 10 20 50 CClST ANCE - FEET> ~ ~ TREES 10 THROUGH 12,17 THROUGH 27 SHOULD BE FERTILIZED AFTER CONSTRUCTION IS COMPLETE TO REDUCE THE DAMAGING EFFECTS OF THE COMPACTION AND ROOT LOSS. TREE ELEVATION SCALE: 1"-20'-0' TOP ELEV, CNAVD'88-FEET> 654.0 673,5 684.2 643,2 693.5 671.5 662.2 648.9 648,9 699.5 670.2 678,5 707.9 653.3 663,0 683.3 693.2 667.9 690.3 712,2 655.3 671.5 671.7 668.5 672,0 695.0 667,5 732.6 BASE ELEV. CNAVD'88-FEET) 62Tš 628.3 629.1 630.3 630.3 63D.7 631.0 631.2 632,0 634:ã 636.3 6J7.4 635.1 631.8 631.8 635.6 637.0 636.7 637.0 636,2 637.8 638.1 638,2 638.8 638,9 639.1 639.2 640.1 HEIGHT CFEET> 26:5 45,2 55.1 12.9 63.2 40.8 31,2 17.7 16.9 64,7 33.9 4IT 72.8 21.5 31.2 47.7 56,2 30.2 53.3 76.0 17,5 33.4 33,5 29.7 33.1 55.9 28.3 92.5 DIAMETER CINCHES) 2.75 7.75 12,5 1.75 8.75 5.0 4.25 3.25 1.25 12.25 4.25 4.75 15,0 2.0 4.25 7,0 10.0 3.75 10.0 14.5 3.5 2,75 4.5 3.5 5.0 12,0 DEAD DOUBLE 15.0 NO, SPECIES -, HICKORY 2"" TULIP POPLAR 3 TULIP POPLAR 4 AMERICAN HOLLY 5 TULIP POPLAR 6 OAK (CHESTNUT) 7 CHERRY 8 DOGWOOD 9 OAK (RED) 10 RED MAPLE 11 HICKORY 12 HICKORY 13 VIRGINIA PINE 14 DOGWOOD 15 CHERRY 16 CHERRY 17 RED MAPLE 18 OAK (RED) 19 RED MAPLE 20 BLACK WALNUT 21 DOGWOOD 22 TULIP POPLAR 23 TULIP POPLAR 24 MIMOSA 25 TULIP POPLAR 26 CHERRY 27 VIRGINIA PINE 28 VIRGINIA PINE . TREE ELEVATION TABLE - - -::.. - - - - - - :(XIs.:r~ .... .... .... - - - - - - - - . - - - - - f£1.rcoMMuNitATÌONS. --",- Il FACllITY- ............ I ----- -~ -:z\-l :::-J~' ~~ ~~ ,~. // -- ~~ - \ .... ---- ............ ---- .......--- , / _-7' -- / 1- -- //--_1 III // Gx.... ---------- 1/1/ I[k@----....- .- -" I / / 1 I -)( - I 1 ' -- ------ ............ --- -- I .... ....---- --- --a.T-2 J ...... --- -- ~ --- ....-- _ --:_---ef..i--- ............. ----- --- ......- ......- - --- - - --- ..... - ....- - -ã. - ---î-4w --T~~J;-- _ --- - ---_......- - ----_.....- - - -------- .::c--:------ -- ._~-~ ---- - --- -- ~ _--eT-28 " -- - "- - A PROPOSEO -TREE _ , , - - L.2l-PRO'rECTION FENCt(G_ - j ~, ',I 1 --- -- " I -- A PROPO.$ED-,)~41' _--- _______________', ~~_::..I- - - - L.2lI.EASE AREA _ _ _ - - ~ _ _ --- - SCALE: 1"-20'-0' --- --- .... --- ..... -- .... - ........ --- ........----- - .... -- .... - .... -- .... -- .......------ .... - ..... / .... - .... - .....-- JO_1 - \ \ -" \ x ,...- ~- ~ TREE PLAN . . w o 00 o/F 570 · · · ATTACHMENT C COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 September 21,2000 M. E. Gibson, Esquire Tremblay & Smith, LLP POBox 1585 Charlottesville, VA 22902 RE: SP-OO-028 Alltel/lvy Exit, Tax Map 74, Parcel2C Dear Mr. Gibson: The Albemarle County Board of Supervisors, at its meeting on September 13, 2000, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: 1. The top of the pole, as measured Above Sea Level (ASL), shall never exceed five (5) feet above the top of the tallest tree within twenty-five (25) feet of the facility at or below the same base elevation as the pole, measured Above Sea Level (ASL). No antennas or equipment, with the exception of the grounding rod, shall be located above the top of the pole. For the purposes of this condition, the ninety-six (96) foot tall poplar shown on the tree survey shall not be considered when determining the height of the tallest tree. 2. The facility shall be designed, constructed and maintained as follows: a, The metal pole shall be painted the same color as the bark of the trees; b. Guy wires shall not be permitted; c. No lighting shall be permitted on the site or on the pole, except as provided by condition number nine (9) herein; d. The ground equipment cabinets, antennas and all equipment attached to the pole shall be dark brown in color and shall be no larger than the specifications set forth in the attached plan entitled "ALL TEL/Ivy Exit"; e. A grounding rod, not exceeding two (2) feet above the top of the pole, and with a width not to exceed one (1) inch diameter at the base and tapering to a point, may be installed at the top of the pole; f. A RF Isolator, if required for the functioning of the facility, shall be located below the top of the tallest tree, as identified in condition number one (1); c33 A TT ACHMENJ C Page 2 September 21, 2000 g. Prior to issuance of a building permit, the applicant shall provide a statement to the Planning Department by a licensed surveyor certifying the height of the tallest tree, as identified in condition number one (1). h. Within one (1) month after the completion of the pole, the applicant shall provide a statement to the Planning Department certifying the height of the pole measured both in feet above ground and also measured Above Sea Level. i. The pole can never extend above the top of the tallest tree, except as described in condition number one (1) of these conditions of approvai, without prior approval of an amendment to this special use permit. 3. The pole shall be located as shown on the attached plan entitled "ALL TEUlvy Exit". 4. Antennas shall be attached to the pole only as follows: a. Antennas shall be limited to those shown on the attached plan entitled "ALL TEUlvy Exit"; b. Satellite and microwave dishes are prohibited; c, Only flush mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure, shall be permitted. However, in no case shall the antennas project out from the pole more than twelve (12) inches; 5. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed or trimmed on the site, both inside and outside the access easement and lease area, shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan, The tree conservation plan shall include the tree identified as "H", at the entrance of the site, on the tree location sketch in the plan entitled "ALL TEUlvy Exit", and the two trees near the Gallihugh's house which must also be shown on the plan. Except for the tree removal expressly authorized by the Oirector of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. 6, The pole shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. 7. The permittee shall submit a report to the Zoning Administrator one (1) time per year, no later than July 1 of that year. The report shall identify each user of the pole and certify that the height of the pole is in compliance with condition number one (1). 3cf- · · · ATTACHMENT C Page 3 September 21, 2000 8. No slopes associated with construction of the pole 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. 9. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminary shall be fully shielded such that aI/light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaries. For purposes of this condition, a luminary 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. 10. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter. 11. The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. A fence surrounding the lease area is not a requirement ofthis approval; however, should a fence be instal/ed, the materials and height shall be restricted to those shown in the approved plan entitled "ALL TEUlvy Exit". 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 "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 issuance thereof which is thereafter completed within one (1) year. 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, ~ David B. Benish Chief of Planning & Community Development DBB/jcf Cc: Amelia McCulley Tex Weaver Bob Ball, VDOT Jack Kelsey Steve Allshouse 3S- A TT ACHMENT C - -4~ ALLTEL COMMUNICATIONS 4505 COLUMBUS STREET SUITE 104 VIRGINIA BEACH, VA. 23462 PROJECT NAME: IVY EXIT SURVEY ---- :: - -....-q- - /"- _ ____ - ~\)1._~, \. ____ _ ..:%; S I) (- S \,1.// I I I I I I t .'- :::::'~ ~I K: ¡ ,«> IV) I , , I , I I I , J ---- "- "- - ---- - ---- - GENERAL NOTES BEARING DA TUrv1~J SHOWN ON EXISTING LEASE-'<REA BASED OFF OF A GPS OBSERVATION ON 3-16-2000 HORIZONTAL DA TUMN NAD 83 VERTICAL DA TUMN NGVD 29 DEED REFERENCE D.B 371 PC. 64 PLA T REFERENCE P.B. 371 PG. 565 PLAN REFERENCE: BOUNDARY SURVEY FOR GREGORY GALUHUGH DATED. JANUARY 15, 1999 - CLS ROGER W. RAY PROPERTY & LEASE LINES SHOWN HEREON ARE COMPILED AND DO NOT REPRESENT A COMPLETE BOUNDARY SURVEY N/F VERULAM F AR~I LlMI TED PARTNERSHIP DB 731 PG. 60,3 T.M. 74-14A "- "- " ---- BM SET BRIDGE NAIL 16" POPLAR ELEV=627.80 - ---- - - ---- ",.---- - ---- PROPOSED ALL TEL FACILITY 30' x 40' 1,200 sq. f ~v '0 o. \ ---- - \ \ )---- - ---- - - ---- - -' ð' 'cr .Þ. ---- - ---- r - - \ ---- - \ .............''l)'~ - - a'í,:>l -, -' ~/íiØ t ~~ ~ ---- ---- , >¡\ ----:Í'~Ó\ EXIST. EXIST' '" a\~ :of; . POWER POLE WOODS LINE \ \h~ # C173 ,\" ~,\ r . , ,..,."v //';: /"/ e EXIST 48" / / );/ ~ TRIPLE, POPLAR '* //~ ~'í/ f77± TALL ,:, ~ // [.//'..... ~""" / /--'-Y¡" ,(:; ·~f r.-' Y""7/ / ",' "Ò'o,")',/" / .,. ~ V /' / ,/ / " /.' / // / y.'// /1/ / / ;v: // / /u ' / ;'1.:/ /".2 / / ;' / "-.0, EXIST. SHED /,' /,'> / '* ' ON CONC;ZPAD /,' /,',V ;., \ /,' / ~cï '¿ò,'0-.) PROPOSED 20' ". / / .f. .~ ;¡,^-J0 _ _ - '\ "CESS ESMT , // /J / + _--- r~ '0'06'17" E \ I ,.~ '''¡, ", / _ L , /"'XV/J'/ ____ 47.22.] . /.;,,<:3, /, / ,_ ' 0 .") ¡::, / / _ - - - - - - ò;'j , "", '- / '" l%; ""''''i1f.''''.~._ -\-1. " 0.. ." / / '/, / '_-." _ ~ ·''''''''''''.E&,O'JJ}j.i¡.'i',,,,~ - _ '~"'Ô' "'ST 48 -" / // ~ _ ~';:'::' J" "-".':"s,..,Cþ ..... JOCA' [ PlE POPLAR .- / /, /, _ s '? ~ - - - - - -....,.....,'..,,~ - - fRl.., / -" /, ___ 'If :.?> 0, ..... "-''''''""n.,,,-- .....~ ' TALL ' .- -' _ . ........ ~~. .....7 '~";~;¡,/,-.....~..... 795±, .- ',' .-.-~/ - , GENTRY S RAY \.:" . ..... '-4""",'J.,,> ..... ~_ ) .- r , , ,., .......... .....'''-<''iii, 'r",;;,,;"'..... ,....' V 29'47'51" [ / '-'-'.- Y-' DB 292 PG 582 I ........ ~~'_~~'I ,............... ~o / ...... ¡ .,.... ___ · - """",",.~ - - .. 9<' , I '''. T M "" .......... i.... ~.~'..:.;,~",è-.......... ../.-'- y..-'-~/'- , ' ..... I "-<."i' . ,,,", --- <"'-" "r EXIST 9 ~ ~..... 4<:'¡j'"",-W!:<-'-'" ~ ""- «-(.- )" EXIST J2 DBH MAPle ASPHAC T Ojw ~ - - - - ","",1",,,,,,,,,,,\;:,,/... ',,' ., LOC"ED OOTSIDE lIRlC ..... ..... .:::.. ""''-L;'~~ ., a'í':J116 OF CONSTRUCTION - -...,.-- '" \0':> (TO REMAIN) ---- ---- N/F GENTRy S. RAY DB. .300 PG. .374 TM. 74-28 - ............ - /" / « \ \ 0%<+ \ \y'0.\\ \ ç" \ \ 'Q '> \ \..-/ ---- - ---- , ---- PROPERTY IS SUBJECT TO ALL EASEMENTS & RESTRICTIONS OF RECORD. THIS SURVEY WAS PREPARED WITHOUT THE BENEFI T OF A TITLE BINDER. - N/F GREGORY R. GALLlHUGH DB. 279 PG. 549 TM. 74-2C ---- - ---- - ............ - ---- - ---- - ---- - ---- - '1b S -<? ---- - ---- 'tî TIMMONS ! <') \1 -.~- - ENGINEERS · SURVEYORS - - PRINCE GEORGE OFFICE - - - 4260 CROSSINGS BLVD. ===-PRINCE GEORGE. VIRGINIA 23875-14~ TELEPHONE: (804) 458-8685-FAX: 804) 751-0798 DATE: 4-17-01 SCALE: 1"=60' - BY DRAWN BY: KLS Cl - - BVC ¡CHECKED BY: DAJ - - - - 3~~ BVe JOB NO. 65301 - ~ .~ .., 120 I - . REVISIONS - DATE DESCRIPTION - 5-15-01 COUNTY COMMENTS 7-09-01 COUNTY Cm,1MENTS ô~ ---- ---- - - 06± MILES \ TO INTERST>'\TE \ - ............ - J" ~ -ð-~'ß ~\\?,,;Vci>. \\..1\ ~ t:: .-.-/ .--/- I / / / / / / / / / / / / I I I I I I.. I I 0-60-L O-Çl-Ç 31\;10 SlN31^H^lOJ Á1NfìOJ SlN3VÎV'iOJ ÁlNfìOJ NOl1dlèlJS30 SNOISIA3H lO£Ç9 'ON 80r J^8 - - r'1O :Á8 03>D3HJ J^8 - Sl>l :Á8 NM'1èlO Á8 ZJ úç o Ol 37V:JS ON ŒVO'CJ SS3:JJV Œ3S0dO'CJd =--- 3d07S ,I '"Z/l I 7/:; I 01 ¿':r ,oz= :3lV'JS O-Ll-Þ :31'10 96LO-¡ÇL (vog;:xlt.:i-çggg-gçþ (ÞOg) :3NOHd3l31 ççVl-çn?£Z ItINI::JèI,^ '3::Jèl03::J 3JNlèld 'Glll8 S::JNISSOèlJ 09ZÞ ~.:i30 3::Jèl03::J 3JN~ 5tJO).3/!èJn5 . 5tJ3JN/9N3 èf38yvnN NOll tf:J1303dS 70&1 NOJ 1 N3YVI03S J? NO/SO~13 tf/N/9tJlI1 * 8[r NOllJ310tJd 33m -0_0_ 0 oz'r WtfO )(J3HJ ---~---~ -- @ ço'r 3JN3.3 1 7/5 x )( x 0 * 10H.LNOJ NOISOH¿J* Slir.-lll ~NlèN:3l:) , '.Ol=l d\i~-dlèJ \7'[-:-:)3, 'V''' . " J " . ' 'Œ SNO:W:WI~ NVld DNIaV}l~ .LIXa XAI :3WVN .LJ3fOHd 291782 V ^ 'HJV38 VINI DHIi\ vOT 3.LIflS .133H.1S Sn8Wn10J SOSv SNOI.1VJINnWWOJ 13.111V î[[[Jl)r :) 1N 311\1 H:)'V 11'0' ENGINEERS . SURVEYORS PRINCE GEORGE OFF~ 4260 CROS~NGS BLVD. PRINCE GEORGE, VIRGINIA 23875-1455 TELEPHONE: (804) 458-8685-FAX: 804) 751-0798 DATE: 4-17-01 SCALE: 0' BY DRAWN BY: KLS C4 - I~BY: BVC OAJ - - C5l/ BVC JOB NO. 6530 -/\ ATTACHMENT C TREE LOCATION TIMMONS ..4lli]]][Ç 23462 ALLTEL COMMUNICATIONS 4505 COLUMBUS STREET SUITE 104 VIRGINIA BEACH, VA. IVY EXIT PROJECT NAME w B 3.38- T, GENERAL NOTES * PRIOR TO CONSTRUCTION THE PERMITTEE SHALL COMPLY WITH THE RECOMMENDATIONS SET FORTH IN THE TREE PRESERVA TION PLAN BY BARTLETT TREE EXPERTS, DATED: FEBRUARY 15, 2001. * PRIOR TO CONSTRUCTION, TREES C THROUGH H SHOULD HAVE MULCH APPLIED, AND AFTER CONSTRUCTION IS COMPLETED, THEY SHOULD BE FERTILIZED AS PER THE RECOMMENDA TIONS OF SOIL SAMPLE TEST RESULTS * TREE 'W AS SHOWN HEREON WILL BE USED TO DETERMiNE THE HEIGHT OF THE PROPOSED MONOPOLE. * EXCEPT FOR TREE REMOVAL EXPRESSLY AUTHORIZED BY THE DIRECTOR OF PLMINING AND COMMUNITY DEVELOPMENT THE PERMITTEE SHALL NOT REMOVE ANY TREES 6" OR GREATER WITHIN 200 FEET OF THE PROPOSED TELECOMMUNICATIONS FACILITY CONSTRUCTION OPERATIONS RELATIVE TO THE LOCATION OF PROTECTED TREES Source: Public Fg~ilities Manual. Vol. I Fairfax Co" Va 976 Plate * THE EXIST 32" MAPLE AT THE BEGINNING OF THE ACCESS ROAD SHALL HAVE A PROTECTIVE FENCE PLACED AROU~JD AND BE MULCHED AND FERTILIZED PLACE TREE PROTECTION AROUND TREES D, F, G, & H ~ REVISIONS DESCRIPTION COUNTY COMMENTS COUNTY COMMENTS -- -- --- - - 5' "WHERE DRIPlINE IS LESS THAN 5' 5-15-0 7-09-0 DATE (~\ \L, ~~ ~ ~ DRIP LINE POL YETHYLENE F AeRIC FENCE A IT ACHED TO METAL POSTS MAXIMUM LIMITS OF CLEARING AND GR A( PROPOSED GRADING 20 @ cifiJ FEET ~': .,.__A ~...~ ...---......---...~* n ' .~:----*...---* ...---*/>7 *~* // / /0,\ [ . ) "'.-\-® PROPOSED ALL TEL COMPOUNO 0 MONOPOLE /0\ (Iv' ,----/ \ i /~l'/ '\~.'~~~~ ,~' PROPOSED TREE NOT TO DISTURBED ~\ . OTE BE /' /' -- /' /' -- /' -- /' / / / / / / / / / / <. 10/ / /", ~"," / / 0 " . /'/ / /,' i/ / ~O / /' / .,h , / vO',' / ",_.. / ,/ / // ^" '/( / // , / / I, \ / / " , '/ / / / / // " ~/ / ,-' / PROPOSED 20' // , // ACCESS EASEMENT / / / / / / / / / / t /// / / / / -- -Jr-::;:::-x~ -- -- -- - / , / , / , , , , ..- ---!£..-- ..--- -/ -- ,,"" "¥ .--- /// ---- ,'/ -- , -- / ..- , /' / ./ /' /;~. / / / / " / _'...... /1 / . ,/ / " / /' / /' '/ , PROPOSED 10 :\ / GRAVEL ROAD / / / / / / / '>: // // \, / , / / , -- -- ---- /'-- / / / / .L / /. / / / / / / , , , , , , EXIST. TREE OA TA - TREE TYPE ;RüUI . ELE\ ® 2" WALNUT f).36 ' 68' - - (~ ,3" POPLAR 6.30' 54' ©/ - - 18" POPLAR 625' 57' - - @ .30" POPLAR 626' 96' CDI - - 5" POPLAR 6255' 84' I CD 8" PINE 6305' 70' ©/ 2" UNKNOWN 6.325' 665' ®I ,f' POPLAR 632.4' 68' . . .. . . . a · E IN Su ment Gallihugh Nexte! PartnersVA125 Mechum Development S P-2003-070 SP for PWSF Monopole revision 1 reviewer received 11/3/2003 reviewe 11/3/2003 decision the after removi ose 3, To comply with section 5,1.40(b development 4. Please show the area on the tree plan on sheet C-4. add the County's tax map and number to the T-1, information section on title 11/13/200304:15 PM Page 5 of 5 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON SP-2003-70. GREGORY R. GALLlHUGH-NEXTEL PARTNERS (SIGN #59). The following guidelines will be used for this public hearing: EACH SPEAKER IS ALLOTTED 3 MINUTES. 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. NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional) 1 ,/:/.1 tl/2 J.-..¿."Í T ¡ç 1£ Q k ç 2 Pn¿,. + J-/, p¡ w ..{ 3 - v 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 COUNTY OF ALBEMARLE Departmel1t of Planning & Community Development 401 Mcintire Road, Room 218 CharlottesviJIe, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 . . December 16, 2003 M. E. Gibson, Jr, Tremblay & Smith, LLP PO Box 1585 Charlottesville, VA 22902 RE: SP-2003-71 Vernon or Jackie Shifflett-Alltel (Sign #56) Tax Map 87, Parcel7A Dear Mr. Gibson: The Albemarle County Planning Commission, at its meeting on December 2, 2003, by a vote of 6:0, recommended denial of the approval of the above-noted petition to the Board of Supervisors, In a separate motion, by a vote of 6:0, the Commission stated that in the event the Board of Supervisors does not agree with the Commission's recommendation for denial that the Commission recommends the following modified conditions: . The Planning Commission sends the following recommendations to the Board of Supervisors if they chose to approve the request. The facility shall be desiqned, constructed and maintained as follows: 4. 5 6. . 7. 8. 9. 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the construction plans entitled, "Alltel - Crossroads Site", last revised September 25, 2003 and provided herein, with Attachment A. 2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation. 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed seven (7) feet above the top of the tallest tree within 25-feet tree, identified as 338 on Sheet C6 of the construction plans. In no case shall the pole exceed 85 feet above the existing ground elevation at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit. The monopole shall be made of wood and of a color that is consistent with the trees surrounding the site. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches No satellite or microwave dishes shall be permitted on the monopole. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole. No guy wires shall be permitted. Page 2 December 16, 2003 10, No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only, 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 the 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, 11, The permittee shall comply with section 5,1,12 of the Zoning Ordinance, Fencing of the lease area shall not be permitted, 12, The plans shall be revised to show the relation ship of the proposed and existing treelines, 13, The existing site grading shall be revised to ensure the long-term health of the trees identified as number 340, 344 and 346 on the plans, and to show that all disturbance will be held outside of the drip lines of the trees that are to remain, Prior to the issuance of a buildinq permit, the followinq requirements shall be met: 14. Size specifications and other details, including elevation drawings of the antennas and ground equipment shall be included in the construction plan package, 15, Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator, 16, Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area, All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan, Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the facility, A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility 17. The applicant shall provide significant evidence to demonstrate that the trees located on the subject parcel can provide sufficient backdrop for the facility or obtain the necessary easements on adjoining properties that will provide for an adequate backdrop, up to a distance of not more that 200 feet. 18. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility, During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the followinq shall be met: 19. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator. 20. Certification confirming that the grounding rod's: a) height does not exceed two feet above the monopole; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. 21. No slopes associated with construction of the facility shall be created that are steeper than 2: 1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the followinq requirements shall be met: 22. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider · · · Page 3 December 16, 2003 that uses the facility, including a drawing indicating which equipment, on both the monopole and the ground, are associated with each provider, 23, All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued, If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check. a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon. the removal of the facility, The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney, Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 14, 2004. 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 (434) 296-5823. Sincerely. s~.JL-- Senior Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Vernon or Jackie Shiflett · STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN B. WALLER, AICP DECEMBER 2, 2003 JANUARY 14, 2004 SP 03-071 SHIFFLETT (ALL TEL) Applicant's Proposal: The applicant's proposal is for the installation of a personal wireless service facility, which would include a wood monopole that would be allowed to extend not more than 10 feet above the tallest tree within 25 feet. This would introduce an approximately 85-foot tall mounting structure with a top elevation that is approximately 900 feet Above Mean Sea Level and only 6 feet taller in elevation AMSL, than the tallest tree (Attachment A). The monopole would be equipped with one array consisting of three 6-foot long by I-foot wide, flush-mounted panel antennas at its top and supporting ground equipment contained within a 184 square-foot shelter. The 900 square-foot, fenced lease area for this proposed facility is located on property, described as Tax Map 87 - Parcel 7 A, containing 3.038 acres, This site is located in the Samuel Miller Magisterial District on the west side of U.S. Route 29 (Monacan Trail Road), approximately 1/2 mile north of the intersection with State Route 692 [Plank Road] (Attachment B). The property is zoned Village Residential (VR) and Entrance Corridor (EC), and designated as Rural Area 3 by the Comprehensive Plan. Petition: · The applicant, Alltel Communication, is currently in the process of expanding its services in Albemarle County along the U.S. Route 29 South corridor. This request is for a special use pennit to allow the construction of a personal wireless service facility in accordance with Section 12.2.2.6 of the Zoning Ordinance, which allows for radio wave transmission and relay towers and their appurtenances in the Rural Areas, by special use pennit. Plannim! and Zonin2: Historv: SP 98-08 CFW Wireless (Crossroads) - Staff has identified the following actions that were involved in the approval of the existing facility that is located on the subject parcel as paraphrased below (Attachment C): 1. April 21, 1998 - The Planning Commission recommended approval of the special use pennit by a vote of 4-3. At the same meeting a request to allow a waiver ofthe height- related setbacks from an adjacent property was denied by the Commission, upon hearing opposition from the owner of the property the waiver was being requested. May 20, 1998 - The Board of Supervisors deferred approval the special use pennit, in light of new infonnation that had been submitted by the applicant indicating that compliance with the setbacks would increase the visibility of the facility's monopole structure. The Board also sent an appeal of the setback waiver request to the Commission. June 9, 1998 - The Pl¡nning Commission deferred action on the setback waiver until after the neighboring property owner, who was not present at the meeting, could be notified and offered an opportunity to be presented the new infonnation. 2. · 3. 4. June 23, 1998 - The Planning Commission reconfirmed its denial ofthe setback waiver request. 5. July 1, 1998 - The Board of Supervisors voted to approve the special use permit allowing the installation of the existing personal wireless facility. SP 98-08 CV143 Crossroads (CFW Amendments) - At its August 18, 1999 meeting, Board of Supervisors, unanimously approved a special use permit allowing CFW to remove the two originally installed whip antennas and attach two panel antennas to the monopole serving the existing facility. This was reviewed as one of several amendment requests for facilities owned CFW throughout the county. Character of the Area: The location of the proposed facility is on the southeastern side of Tom Mountain, which crests at 1,050 above sea level. Although the base elevation of the proposed facility is sited at the 815.5 contour line and well below the ridge line, the top of the monopole itself would be located just at the mountain resource contour line for Tom Mountain, which is 900 feet ASL. The site ofthe proposed facility is located at the front of a wooded area that continues onto adjacent parcels on the incline ofthe mountain. The subject parcel is surrounded by properties of varying sizes that are all similarly zoned as Village Residential or Rural Areas. The nearest dwelling, which is also located on the same parcel, is approximately 210 feet southeast of the facility site, while the nearest dwelling on an adjacent parcel is approximately 410 south on the property identified as Tax Map 87 - Parcel 6. The proposed site of the monopole is located 85 feet from the nearest boundary line, which is shared with the property identified as Tax Map 87 - Parcel 7E, and the nearest edge of the lease area is approximately 58 feet from that same line. The proposed facility will be accessed by the 9- foot wide gravel service road that extends north to the existing facility from the driveway entrance that serves the residence. The disturbance proposed for constructing this facility, which would extend approximately 30 feet beyond the existing treeline, includes complete graveling within the fenced area and site grading outside of the lease area. These plans also propose the removal of two (2) dead trees and tree protection measures around four (4) significantly sized trees that are identified to be saved. The proposed facility would be located at a ground level elevation of815.5 feet AMSL in a sparsely wooded area the near edge of the treeline where the most of the significantly sized trees situated uphill from the site. The applicant's petition and plans cite the presence of a 81. 9- foot tall (approximately 893.9 feet ASL) Poplar tree identified as number 338 on page C6 of the attached construction plan 25 feet west, as the reason for requesting a monopole height of 85 feet (890 feet ASL). The site of the proposed facility is situated at a finished ground elevation of 637.2 feet AMSL. The monopole serving the existing facility scales at approximately 14 feet east of the location of the monopole proposed for this facility and is located near the 817- foot contour interval. During a field visit, staff observed a balloon that was floated at the height of the proposed monopole was visible high above the tops of the trees located between the facility and the right- of-way for Route 29 (Attachment D). A shorter stand of trees that is comprised of numbers 288- 2 · · · 318, which have an average height of 40.4 feet lie between u.s. 29 and the site leaving much of the existing monopole exposed. Although the balloon test indicates that the proposed monopole would have backdrop provided by the large trees on the side of the mountain, a large the portion would still be visible from the right-of-way, the adjacent parcel and parcels located on the east side Route 29. COMPREHENSIVE PLAN: Staff notes that the extension of the service road providing access to the proposed facility would not require a substantial amount of clearing. Therefore, this request is being reviewed for compliance with the recommendations of the Comprehensive Plan that are mainly focused on the adverse impacts that could result from the presence of the facility's monopole and ground-based equipment in the proposed locations. The Personal Wireless Service Facilities Policy is the component of the Comprehensive Plan that provides specific guidelines for the siting and review of personal wireless service facilities. The Open Space Plan and Chapter 2 [Natural Resources and Cultural Assets] of the Comprehensive Plan provide staff with the guiding principles for managing the County's natural, scenic and historic resources, and for the preservation and conservation of those resources in order to protect the environment for future use. Personal Wireless Service Facilities Policy: The guidelines set forth in the Personal Wireless Service Facilities Policy are focused largely on reducing the visual impacts that the facilities can potentially impose upon surrounding properties and roadways. The Wireless Policy recommends the implementation of a three-tiered approval system to address criteria related to the siting and design of new facilities. The first tier sets a preference for the development of "stealth" facilities that can either be completely concealed within existing structures, or attached to existing conforming structures. Tier Two calls for sites that are designed to blend in with the natural surroundings in a manner that mitigates their visual impacts through a combination of screening and camouflaging. The standard conditions of approval for Tier Two wireless facilities require facilities that use brown, treetop monopoles that can extend a maximum of 10 feet above the tallest tree within 25 feet, and related ground equipment housed in cabinets and buildings that are painted brown. When siting these facilities there is preference for using structures that are no taller than the natural tree canopy so that they are not "skylighted" against the horizon to alter ridgelines or extend high above the tree canopy. Although the applicant has submitted this proposal in accordance with the criteria for Tier Two facilities, staff has not determined that those criteria alone would be adequate enough to mitigate the anticipated negative visual impacts of the facility. This is evidenced by the fact that a large portion of the existing monopole is already visible, and all trees with heights similar to the proposed facility (including the tallest tree within 25 feet) are either located to the side or behind the proposed facility site. Open Space Plan and Chapter 2: Chapter Two of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provides guidance for protecting the County's natural, scenic and historic resources, and sets the goals for preserving and managing those resources and the environment for future use. The Open Space Plan Concept Map provides an inventory that assists with identifying the areas where 3 critical resources are present throughout the County. This site lies within the area designated as Rural Area 3 by the Comprehensive Plan and is located within the Entrance Corridor Overlay District for U.S. Route 29 and contiguous to a larger area designated as forests by the Open Space Plan Concept Map. The Open Space Plan identifies forests as large areas that are contiguous with other forests or farmlands within the Land Use Plan's Rural Areas, have the best soils for hard woods, and are not in subdivisions. When existing structures are not available, the recommendations set forth in the Wireless Policy favors the practice of locating new facilities in forested areas where monopoles and ground equipment can be designed to blend in with the natural surroundings. While observing the balloon test for this proposal, staff was able to determined that due to its location in relation to those boundary and tree lines, a large portion of the monopole for this facility would be visible from points nearby. The intent of the Entrance Corridor Overlay District as stated in the Zoning Ordinance is, in part, "to implement the Comprehensive plan goal of protecting the county's natural, scenic and historic, architectural and cultural resources, including preservation of natural and scenic resources as the same may serve this purpose," and, "to protect the County's attractiveness to tourists and other visitors; to sustain and enhance the economic benefits accruing to the County from tourism." The Architectural Review Board [ARB] addresses the aesthetic impact of all development within the Entrance Corridor Overlay Districts. The conditions that are normally recommended by the Architectural Review Board recommendations are often used to compliment the standard special use permit conditions that are concentrated toward limiting the anticipated visual impacts. The ARB has reviewed this proposal and recommends approval with conditions that could require offsite easements to ensure that adequate backdrop is preserved and limit the amount of grading allowed in the vicinity of the trees that are identified to be saved (Attachment E). However, in this case, it is staffs opinion that the neither ofthose sets of conditions would not lessen the impacts resulting from the distance between in the monopole's top and the trees that are in front of the proposed and existing facility sites to a measurable extent. Again, this is opinion is supported by the fact that the monopole for existing facility already stands out against the vegetative backdrop under present conditions. RECOMMENDATION Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends denial of the special use permit as proposed. STAFF COMMENT: Staffwill address the issues of this request in four sections: 1. Section 31.2.4.1 of the Zoning Ordinance; and, 2. Section 704 (a)(7)(b)(I)(ll) of the Telecommunications Act of 1996. 1. 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 4 · · · upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent property, This facility would be located at the front of the existing treeline for a wooded area that extends onto adjacent properties surrounding the site. The nearest dwelling that is not located on the subject parcel is approximately 410 feet from the site ofthe proposed facility on Tax Map 87 - Parcel 6. Despite the amount of backdrop that exists behind the site, staff finds that there not any trees in front of the proposed facility that would assist in screening a significant portion of the monopole adequately. As demonstrated by the existing facility, instead of being a minor feature that would blend in with the natural features of its surroundings, the proposed monopole would simply have the appearance of a tall man-made structure in front of a group of taller trees. This effect would be magnified as a result of the proposed amount clearing and grading that would act to move the treeline for the wooded area providing backdrop farther away from both facilities (Attachment F). Therefore, it is staffs opinion that the proposed facility could be considered to be detrimental to adjacent properties. that the character of the district will not be changed thereby, The Village Residential zoning districts were created within the Comprehensive Plan's designated Rural Areas, in part, to encourage compact development and to pennit agricultural uses in keeping with the village scale of development. The VR district also pennits nonresidential development in order to increase the vitality and attractiveness of such areas as a living environment. In addition to the existing personal wireless service facility on the subject parcel, there are also several nearby properties within the Rural Areas zoning district that contain facilities. Staff notes that in past reviews of proposals for multiple personal wireless service facilities on a single property concern has often been expressed for the adverse impacts that could arise from the proliferation of facilities within a given area. This is because of the likelihood for increasing the impact of existing facilities that are marginally visible by introducing others and attracting additional attention that would not otherwise be drawn. Although this monopole would not be skylighted, it would be visible from adjacent properties and a portion of the right-of-way when traveling north on Route 29. A large segment of the existing facility on this property already has a high level of visibility from those same locations, and it is staffs opinion that the introduction of a new facility of similar height and design would increase the visual impacts that are already prevalent. Nonnally staffs review of these requests is focused on ensuring that the tree conservation areas for existing facilities are not altered to a extent that the treeline camouflaging their mounting structures and ground equipment would be compromised. In this case there are no trees in front of the existing facility to help significantly screen it, and the proposed monopole would have a level of visibility that is comparable to the one serving the existing facility, which is already visible well above the trees in front of it. Furthennore, the construction plans for this proposed facility present some additional concerns due to the amount of grading that would extend into the existing treeline serving as a backdrop to the facilities. Therefore, it is staff s opinion that due to the visibility concerns expressed with both facilities this proposal could have the effect of changing the character of the district. 5 and that such use will be in hannonv with the purpose and intent of this ordinance, Staff has reviewed this request with consideration for the purpose and intent of the Zoning Ordinance as stated in Section 1.4, and with further reference to Section 1.5. Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and hannonious community," as an intent of the Ordinance. As evidenced by the expanded and rapid increase in use, mobile telephones clearly provide a public service, and the establishment of wireless service facilities expands the availability of communications opportunities and convenience for users of wireless phone technology. In the event of emergencies, the increased access to wireless communication opportunities is clearly consistent with the accepted principles of public health, safety and general welfare. Although these facilities have not often been credited for enhancing the visual appearance of the surrounding areas, the guidelines of the Wireless Policy are intended to ensure that equipment for those facilities are not responsible for negatively intruding upon the important natural resources that promote the attractiveness of the community. Section 1.5 (Relation to Environment) states, in part, that the "ordinance is designed to treat lands which are similarly situated and environmentally similar in a like manner with reasonable consideration for the existing use, and character of properties, the Comprehensive Plan, the suitability of property for various uses..." Whenever, personal wireless service facilities can be designed and sited properly and in accordance with the goals and recommendations of the Comprehensive Plan's Wireless Policy, it has been demonstrated that these types of can be located appropriately in any zoning district. The Wireless Policy provides the Tier II criteria for siting facilities in locations where there is minimal potential for intrusion upon the naturally existing conditions in surrounding areas. This is nonnally accomplished by approving facilities that can be screened to an extent where only the top few feet of the facility has the potential of being exposed to avoid obstruction ofthe antenna signals. The applicant's request states that this proposal complies with the height regulations encouraged by the Tier II criteria and that the facility has been designed to blend within the natural surroundings. In this case it is staffs opinion that simply applying the Tier II criteria for siting personal wireless service facilities and the standard conditions of approval is not be adequate enough to reduce concerns with the visual impacts of the proposed facility. This is because all of the trees with heights similar to that of the monopole are either located to the side or behind the facility's proposed location, thus providing no screening for a significant portion of pole. with the uses pennitted by right in the district, Staff has identified no evidence to demonstrate that the proposed facility would restrict or otherwise adversely affect any of the established uses or other by-right uses allowed on this site or on any of the nearby properties and zoning districts. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. Section 5 .1.12a of the Zoning Ordinance contains regulations for locating public utility structures in a manner which "will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the 6 · · · development of the same." The Federal Communications Commission's (FCC) regulations set forth in the Telecommunications Act of 1996 address the most significant concerns for the public health and safety related to personal wireless services. Staff has attempted to addressed the concerns for possible impacts of this proposal, with specific consideration for the supplemental regulations of Section 5.1.40 of the Zoning Ordinance, and the goals set forth in the Personal Wireless Service Facilities Policy, throughout this report. 2, Section 704(a)(7)(b )(1)(11) 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. The Telecommunications Act addresses concerns for 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 ofthe environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions' regulations concerning such emissions." In order to operate this facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless services. However, both do implement policies and regulations for the siting and design of personal wireless facilities. The applicant has not provided any information to demonstrate the availability, or lack thereof, of any alternative sites to serve the areas that would be covered by the proposed facility at this site. Therefore, it is staff s opinion that the denial of this application would not have the effect of prohibiting the provision of personal wireless communication services. SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. The facility would not restrict any of the permitted and uses on adjacent properties; and, 2. This site is accessed from an existing driveway and requiring a minimal amount of disturbance. The following factors are relevant to this consideration: 1. The standard recommended 200- foot tree conservation area for this facility would extend beyond the subject parcel's boundaries; and, 2. The applicant's plans indicate that the proposed facility would be tall enough to accommodate future co-locations. Staff has identified the following factors, which are unfavorable to this request: 1. The balloon test indicates that a large part of the proposed facility would be visible above the shorter trees in front of the site; 7 2. A large portion of the existing personal wireless facility located on the subject parcel is already visible from the road and some nearby properties; and, 3. An substantial amount of grading is proposed to extend far into the treeline of the wooded area that provides backdrop for both facility sites. RECOMMENDED ACTION: Although this request has been submitted in compliance with the criteria that is set Tier II personal wireless service facilities, it is staff s opinion that this proposal does not satisfactorily address the policy's goals for limiting visual impacts. The existing facility on the subject parcel that has been designed and located similarly to the proposed facility is already visible from the road and other properties and near the site. The applicant has not provided any infonnation to demonstrate the availability, or lack thereof, of any alternative sites to serve the areas that would be covered by the proposed facility. Therefore, it is staffs opinion that the concern for those adverse impacts that would result from the facility in the proposed location outweigh the level of convenience that would be provided with the increased access to personal wireless services. Staff recommends denial of the requested special use pennit as proposed. Should the Board vote to approve the special use pennit, staff recommends that the applicant be required to comply with the standard conditions of approval that have been established for personal wireless service facilities and some additional conditions that would be applied specifically to this request. (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 requests consensus direction 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 facility shall be designed. constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the construction plans entitled, "Alltel- Crossroads Site", last revised September 25,2003 and provided herein, with Attachment A. 2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation. 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed ten (10) feet above the top of the tallest tree within 25-feet tree, identified as 338 on Sheet C6 of the construction plans. In no case shall the pole exceed 85 feet above the existing ground elevation at the time of installation without prior approval of an amendment to this special use pennit or personal wireless facility pennit. 4. The monopole shall be made of wood and of a color that is consistent with the trees surrounding the site. 8 · · 5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure, shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches. No satellite or microwave dishes shall be permitted on the monopole. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole. No guy wires shall be permitted. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. 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 the 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. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. The plans shall be revised to show the relation ship of the proposed and existing treelines. The existing site grading shall be revised to ensure the long-term health of the trees identified as number 340, 344 and 346 on the plans, and to show that all disturbance will be held outside of the drip lines of the trees that are to remain. 6. 7. 8. 9. 10. 11. 12. 13. Prior to the issuance of a building permit. the following requirements shall be met: 15. 16. 17, · 14. Size specifications and other details, including elevation drawings of the antennas and ground equipment shall be included in the construction plan package. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the facility. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. The applicant shall provide significant evidence to demonstrate that the trees located on the subject parcel can provide sufficient backdrop for the facility or obtain the necessary easements on adjoining properties that will provide for an adequate backdrop, up to a distance of not more that 200 feet. 9 18. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation. the following shall be met: 19. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator. 20. Certification confirming that the grounding rod's: a) height does not exceed two feet above the monopole; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. 21. No slopes associated with construction of the facility shall be created that are steeper than 2: 1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy. the following requirements shall be met: 22. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the monopole and the ground, are associated with each provider. 23. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ATTACHMENTS: A - Application, Construction Plans and Additional Information B - Parcel and Location Maps C - Approval Letters and Minutes for the Existing Alltel Facility D - Balloon Test Photos E - ARB Recommendations (pages 1-2) F - Zoning Department Comments and Recommendation 10 pFFICE ;¿S~ ONLY2 SI' # ,fl;O,d~· Sign # --¡ B ATTACHMENT A 071 TMP Ðt:iOO-~O-~CD~VC'ØJ 'fc Magisterial District:3f Þ7 ¡ . Staff: A L- Date: ..., zs: Cl3 Application for Special Use Permit Please See the List at the bottom of page 4 for the Appropriate Fee (staff will assist you with this item) Project Name (how should we refer to this application'!): A LL'T'F.T./ r. ro s s r 0 r:¡ ò s *Existing Use: Rës i dent i a 1 /Rura 1 Proposed Use: wi reless Communicat ions Fac i 1 ty * Zoning District: R Ä. Zoning Ordinance Section number requested: 5. 1 ,40 (*staff will assist you with this item) Number of acres to be covered by Special Use Permit (if a portion it must be delineated on a plat): 3.038 acres [s this an amendment to an existing Special Use Permit? Are you submitting a preliminary site plan with this application? DYES íB YES IX] NO DNO dF Contact Person (Who should we call/write concerning this project?): M . E. G i b son, Jr., E s qui r e Tremblay & smith, LLP Address p--n B(')¥ 1 t:¡Rt:¡ CityCharlottesvilláìtate VA Zip 2 290 2 wner of Record Vernon Shi f let t 97g-1 7. 21 E-mailòiCk(~ibRon(âltremblaysmith.com ð7 c!-. Vc¿C~ City North Garden State VA Zip 229.59 DaytimePhone(A3Jl 977..i4455 Fax # Address 3418 Monacan Tra i 1 Road Daytime Phone l.1J.j 977 -7241 Fax # E-mail Applicant (Who is the Contact person representing? Who IS requesting the rezoning?): AT. T. 'T' F. L r. 0 ill ill 1J n i r;:¡ t ion S 0 f V;:¡., No 1, In Address c/o ('ont;:¡rt-'-:PprSl)n City State Zip Daytime Phone L-J Fax # E-mail Tax map and parcel: 87- 7 A Physical Street Address (if assigned): 3418 Monacan Trail Road Location of property (landmarks, intersections, or other): Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers Fee amount $ Check # :)X?> By Who? History: o Receipt #L ,,,,3/¿ By OFF[CE U. o/'special Use Permits ii4Lco<6, 19~O <fa I ZMAs & Proffers: ,_..~._-_._--_. o Vananccs o Letter of Authorization -, 4Ri ~Ù-/ ---------~_._----- oncurrent rcview of Site Devdopmcnll'lan" 0 YES 0 NO County of Albemarle Department of Building Code & Zoning Services 401 McIntire Road Charlottesville, V A 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 12/1/02 Pag<: I ot"..¡ 011 ATTACHMENT A Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare." The items that 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 you request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? RA How will the proposed special use affect adjacent property? 'T'np prnpOSI?Q Fac i 1 i t Y will have no effect on adjacent property because the exi~ting trees and veqetation will screen the facility from view], How will the proposed special use affect the character of the district(s) surrounding the property? In compliance with the County Tower Policy, this facility is desiqned so only the top 10 feet of the tower i~ potenti~lly visible, and therefore its effect will be minim~l, if ~nything. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed facility is designed in accord~nce;'wit.h Sprt;on 5.1.40 and with the County's Tower Policy which the ordinance is intended to implement. How is the use in harmony with the uses permitted by right in the district? This proposal is consistent with by right uses such as electric and telephone poles. More importantly, the facilityìis designed to blend not only with other uses but with the natural setting of the area. What additional regulations provided in Section 5,0 of the Zoning Ordinance apply to this use? Section 5.1.40 How will this use promote the public health, safety, and general welfare of the community') Increased and improved wireless coveraqe, as provided by the proposed facility, may 'be used for enhanced emergency services via 911. 12! [/02 Page 2 of 4 012 ATTACHMENT A Describe your request in detail and include all pertinent information such as the number of persons invol ved in the use, operating hours, and any unique features of the use: C:;PE> attached A TT ACHMENTS REQUIRED - provide two (2) copies of each ~ I. 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 rezoning for a portion of the property, it needs to be described or delineation on a copy of the plat or surveyed drawing. o 2. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not linúted to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. . If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL A TT ACHMENTS: ŒI 3, Drawings or conceptual plans, if any. ŒI 4. Additional Information, if any. Ownerl Applicant Must Read and Sign [ hereby certify that [ own the subject property, or have the legal power to act on behalf of the owner in filing this application. [ also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. s¡gn'rut~~",. Agent Date ?(Z)/ö~ Peter ~_ r~r~m~nis' Print Name Attorney for Appl i can t . 434-q77-44!:)!:) Daytime phone number of Signatory 12/1/02 Page 3 of4 013 ATTACHMENT A FEES o Rural area division for the purpose of "family division" where all original 1980 development rights have been exhausted under "family division" as defined under section 14-106 (15) of the subdivision ordinance = $220 o Rural area divisions = $1,240 ~ Commercial use = $980 o Industrial use = $1,020 o Private club/recreational facility = $1,020 o Mobile home park or subdivision = $980 o Public utilities = $1,020 o Grade/fill in the flood plain = $870 o Minor amendment to valid special use permit or a special use permit to allow minor expansion of a non-conforming use = $ll 0 o Extending special use permits = $70 o Home Occupation-Class B = $440 o For day care centers - six (6) to nine (9) children = $490 o For day care centers - ten (10) or more children = $980 o All other uses except signs = $980 12/1102 Page 4 of 4 01 't · · · ATTACHMENT A APPLICATION FOR SPECIAL USE PERMIT PERSONAL WIRELESS COMMUNICATIONS FACILITY ALLTEL COMMUNICATIONS OF VIRGINIA, NO, 1, INC, CROSSROADS SITE (ALBEMARLE COUNTY, VIRGINIA) DETAILED DESCRIPTION ALLTEL Communications of Virginia, No.1, Inc., d/b/a ALLTEL, desires to construct An 85' monopole "treetop tower", painted brown, within a grove of trees on the parcel known as Tax Map 87, parcel 7 A, owned by Vernon Shiflett. Attached to this application are the following: 1. Two 24" x 36" copies and seven 11" x 17" copies of the site plan for the proposed site, which includes a location map, site plan, erosion control plan, tree survey and tower elevation. 2. A Certification from the property owners indicating their consent to the filing of this application by ALL TEL. 3. A plat of the subject parcel, recorded in the Circuit Court Clerk's Office of Albemarle County at Deed Book 1421, page 125. ALLTEL's network currently suffers a gap in coverage along Route 29 in the area of the proposed facility. After an exhaustive search of the necessary coverage area, ALLTEL determined there were no existing structures on which to co-locate and carefully selected a site where its facility would blend with its natural surroundings for a minimal visual impact. In accordance with the Albemarle County Personal Wireless Service Facilities Policy, ALLTEL proposes locating its tower in a wooded area where, at most, the top ten feet of the tower would be above the trees. The Tower Policy expresses a preference for towers 10' taller than the tallest tree within 25' of the proposed location. This tower meets that criteria. The tower would have flush-mounted antennas painted brown to match the tower and to blend with the surrounding trees. The facility also includes an 11.5' x 16' equipment shelter. The 30' x 30' area surrounding the facility will be enclosed by an 8' chain link fence, The fence, the shelter and the tower will be screened from neighboring parcels by the existing trees and vegetation on the property, The proposed facility would be adjacent to an existing similar wireless communications facility which has demonstrated that such facilities can blend well with the surrounding area in this location, 01 ~) ATTACHMENT A More specifically, the proposed site is consistent with the Albemarle County Personal Wireless Service Facilities Policy as follows. The bulleted points are taken from the summary of the Policy which is included in the policy itself. The narrative following each bullet indicates how this site complies with the stated goal. · Facilities with limited visibility are encouraged, The proposed facility complies with the height encouraged by the policy, namely 10' above the trees, and therefore has minimal visibility. The facility is specifically designed to blend within the natural setting and the existing woods will screen the entire tower except the top ten feet. · Personal wireless service facilities should not be located on ridgetops or along the ridgeline and they should be provided with an adequate backdrop so they are not skylined, The proposed facility is not located on a ridge and is a low enough height that skylining is not a problem. · Personal wireless service facilities should not adversely impact resources identified in the Open Space plan or designated as Avoidance Areas, The proposed facility has no adverse impact on Open Space resources or designated Avoidance Areas. · Personal wireless service facilities should utilize existing structures where possible, Per ALLTEL's standard practice, the initial stage of site selection involved an extensive search for existing structures within the necessary coverage area to accommodate its antennas, but no such structures existed. The existing pole on the site could not accommodate ALLTEL's antennas at a height which could provide coverage. · Personal wireless service facilities, if appropriately sited and designed, may be appropriate in any zoning district, The proposed site has been sited and designed so the entire facility will blend with the natural surroundings thereby minimizing is visual impact. · Ground based equipment should be limited in size and be designed in keeping with the character of the area, The equipment for the proposed site is all screened from view by existing natural vegetation and woodland. · Antennas should be mounted close to the supporting structure and be designed to minimize visibility, The proposed antennas will be flush mounted and painted brown so they will blend not only with the support structure, but more importantly with the surrounding woods. 016 ATTACHMENT A .A~ ALLTEL COMMUNICATIONS 4525 COLUMBUS STREET SUITE 100 VIRGINIA BEACH, VA. 23462 PROJECT NAME: CROSSROADS SITE 3418 MONACAN TRAIL ROAD NORTH GARDEN, VIRGINIA COVER SHEET TIMMONS GROUP ....;... Site Development I Residential I Infrastructure I Technology YOUR VISION ACHIEVED THROUGH OURS, VIRGINIA I NORTH CAROLINA I WEST VIRGINIA THIS DRAWING PREPARED AT THE PRINCE GEORGE OFFICE 4260 Crossings Blvd I Prince George, VA 23875 TEL 804.541.6600 FAX 804.751.0798 www,timmons.com - DATE:8-18-03 SCALE: NONE DRAWN BY:B. CRUTCHFIELD Tl CHECKED BY: D. JOHNSON JOB NO. 66273 () 1 "J FAA "2-C" ACCURACY STATEMENT PROJECT NAME: CROSSROADS SITE VICINITY MAP 1"=2000' COPYRIGHT AGC THE MAP PEOPLE PERMITTED USE NO. 20.393659 THIS SURVEY EXCEEDS THE ACCURACY REQUIRED BY THE FAA FOR "2-C" ACCURACY TOLERANCES OF 50 FEET± HORIZONTAL AND 20 FEEH VERTICAL. . CENTERLINE OF PROPOSED TOWER (NAD 83) (NAD 83) (NA VD 88) LATITUDE = 37"57'43,7" LONGITUDE = 79'39'22,1" GROUND ELEVATION = 815,5' SITE INFORMATION DIRECTIONS TO SITE: FROM RICHMOND, TAKE 1-64 WEST TOWARD CHARLOTTESVILLE, TAKE EXIT 118 SOUTH ONTO RT. 29 (MONACAN TRAIL ROAD), FOLLOW SOUTHBOUND FOR ABOUT 10 MILES JUST BEFORE THE CROSSROADS STORE. TURN RIGHT INTO DRIVEWAY JUST BEYOND A BLACK & WHITE COW MAILBOX (#3418). 3418 MONACAN TRAIL RD, NORTH GARDEN. VA 22959 (0.229 AC) PROJECT DIRECTORY VERNON SHIFFLET 3418 MONACAN TRAIL RD, NORTH GARDEN, VA 22959 VERNON SHIFFLET sf POWER PROVIDER: VIRGINIA POWER TELCO PROVIDER: SPRINT PROPOSED LEASE AREA: DISTURBED AREA: 0.07 APPLICANT: ALLTEL JASON KRAMER 4525 COLUMBUS STREET SUITE 100 VIRGINIA BEACH, VA, 23462 (757) 687-3327 ENGINEER: TIMMONS GROUP BRIAN CRUTCHFIELD 4260 CROSSINGS BLVD. SUITE 1 PRINCE GEORGE, VA, 23875 (804) 541-6611 0,000 AC ): SITE ADDRESS (NOT 91 OWNER: CONTACT: SAMUEL MILLER DISTRICT VIRGINIA ALBEMARLE COUNTY, SHEET INDEX TIMMONS GROUP COVER SHEET LOCATION MAP SURVEY SITE LAYOUT GRADING & EROSION CONTROL PLAN EROSION CONTROL NOTES & DETAILS TREE SURVEY TOWER ELEVATION & DETAILS NO Tl Cl C2 C3 C4 C5 C6 C7 2003 87-7A DATE DATE DATE AUGUST 18, TAX MAP # DATE SIGNATURES APPLICANT / ALLTEL: CONSTRUCTION MANAGER LESSOR: BY REVISIONS SHEET NUMBERS DATE , '-........... \ ì <> / /' /' , -- /' /, ' / ,/ I 008 \J \ \ ~" \ ---_/' D ~ ~^ :03NOZ N31~8 ,0 1lV8 \>'~ON\>'X31\>' ~O NI^3>t 8L -L9 #V'/l ~^ :03NOZ NOSNI80~ T \>'ONI13V'/ £-L9 #m \>'~ :03NOZ 'd '1 3::>\>'ld ~31N3d~\>'::> 9-L9 #V'/l èIA :03NOZ Á31~nÐ 1~\>'3d \>'NIl~\>'V'/ 8917-601 #V'/l \>'~ :03NOZ ~3AM\>'V'/ ï V'/\>'1ll1M 80Ç-L9 #V'/l £Ll99 'ON sor NOSNHor'O :AS G3>t::>3H::> Gl3I:1H::>imD 'S:AS NMVê!O 31 \>'::> S £0-81:-8:3i\>'0 r:J "0017=,, 1: WO)'SUOWWlrMMM 86LO'1:SL'1708 XV=! 0099'1:17S'1708131 SL8£2: \>'^ 'afiJoa9 a)UPd I P^IS sfiU!SSOJ) 092:17 3JI:I:l0 391/039 3JNI1/d 3H11\>' G3~Vd3~d 9NIMVê!0 SIH1 \>'INI9~I^ 153M VNIlO~'v'::> H1~ON \>'INI9~IA aJnpnJ~seJJuI le!~uap!5a1l ~uawdOla^aa a~!s dn01l9 SNOWWI~ / A6olou4:¡a.1 .... . ..... / /' /' .-- \ / / / ./' - \-: \ , \ L'" (7'v'JldM) 38fJ1J!W1S , qÞ1lfSJX3 /' (' / ,@ ,,/ ' ,. ,j ,"' "'\ ; \ / / 'I"~ , " I, 0' ú) , cc ,: ) , / ' / / --_./' ì ;--", / / \ _ _000« /1 / I / / / / /' / / ( /' --- -- / \ o l[) i'-. / / / / / \--_/ \ , / ('---_/ \ \ /\ \ :' ~ --- " '; 0', ' 0' ' .,-' \?'- - ~_J \ ) \ \ : / \, ~' // dV'W NOI..LV':)Ol \fINI9è1I^ JN30èl\f9 HlèlON OV'OèllI\fèll. 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Eg ~ 2 o· ~ 0 5~ 5~ ~ , ZO TIMMONS GROUP ....;... o . ~ ~ ~.s: >'1'1 õ:Ö Site Development I Residential I Infrastructure I Technology f ~ g.~ YOUR VISION ACHIEVED THROUGH OURS. ";; VIRGINIA I NORTH CAROLINA I WEST VIRGINIA ~ 8 , 0 ~; THIS DRAWING PREPARED AT THE ~~ PRINCE GEORGE OFFICE ~ ~ 4260 Crossings Blvd I Prince George, VA 23875 ï ~ TEL 804.541.6600 FAX 804.751.0798 www,timmons.com H - ~~ DATE:8-18-03 SCALE: 1"=100' DRAWN BY:B, CRUTCHFIELD C2 ~ i ~õ , < o , CHECKED BY: D. JOHNSON . " H JOB NO. 66273 019 I I , N/F I ORA M. ATWELL I T.M, 87-7 PIPE I W,B, 96, PG. 109 FD'~99, 72' _ --T~L6~{~7" E PIPE --';;--~FD, : 85' TOWER POB !, - - - 1 SETBACK L13 L9 ! 'I ' Jr r : , ~ 10 I, - N --L-.t F-=98. 19Z2~: I , .--¡ PROPOSED' L11 ~ ¡, 30 'x3o , ALL TEL \ t : " LEASE AREA , ~: , 'I 1 EXISTING \'\',1 \ :, ' NTELOS \\, : , TOWER SITE \" ~ I, , y.~ I, N~ .~\ ! , EUGENE M, POWELL, JR. I : \ " \ : N/F T.M. 87-6 z lEX, 8' 1,·\ :: RICHARD A. OLIVA o,B. 1445, PG. 719 GRAVEL: T.M. 87-7C ~ '0) EXISTING DRIVE \ ,\ : Iv> D,B. 1035, PG. 587 "0 1-STORY I I ,v. 316 BRICKb \X.:\ ¡~";;I (J1 ,~ #3418 ;\. ,:--J v. . . 10) . ; , \ ':'~'; I~, (J1 ::E ' , I ,,0) ! \ \, '; ¡,~ PROPOSED , NfF :.\: \-t- 20' ACCESS & ! VERNON L, & JACKIE, -\ \\\¡ " UTILITY EASEMENT , C, SHIFFLETT '. '. \ '1"\ ~ fT1 1 T,M.87-7A.. '.., \\ \ :::E ~ , D,8, 1421, PG, 123 \ \ \ ! ! \ , ~ ;-i , 3,038 ACRES " \" .\ ! '~I 'fT1 ¡:; 1 / ' ':Þ-' EX. 8' J '" \ I, , ~::o : R=1977.86' GRAVEL 'J.JI, ~ ~ 1 L=72,06' ,DRIVE ~'\.: \..) , ~-t , TAN=36.03 i '}J' , 6=2'05'15" " , 1 CB=S 56'29'37" W EX.. .Jß .' / "If , : C=72,06' ~bGATE )J I: ROD J _~//I, }; -=- .:ð' -- :- -= _<", : ~FD. -: _.~~- '--~!---'~ - ----' · (POCL . - - - - --=- - - _I _ _ - - - - -.' ~~.i' /S 57'36'51" W 178,12' ROD i I _ FD.' , 1,100'± TO EX. E/f'_ / '-, _EX~ CONC, BURTON RD. DISTANCE 126.07' 28.40' 55,04' 81. 79' 178.76' 81.18' 43,22' 69.59' 10.00' 30,00' 30,00' 30.00' 30,00' LINE TABLE DIRECTION N 49'02'18" E N 22'18'02" E N 23'32'32" W N 34'55'30" W N 42'01'22" W N 62'10'43" W N 45'11'44" W N 29'50'15" W S 60'09'45" W S 29'50'15" E S 60'09'45" W N 29'50'15" W N 60'09'45" E LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 110 111 112 113 LEASE AREA 7-15-2003, PROPERTY LINES SHOWN HEREON ARE COMPILED AND 00 NOT REPRESENT A COMPLETE BOUNDARY SURVEY, PROPERTY IS SUBJECT TO ALL EASEMENTS & RESTRICTIONS OF RECORD, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER. GENERAL NOTES: BEARING DATuM SHOWN ON PROPOSED BASED OFF OF A GPS OBSERVATION ON DEED REFERENCE 23 PG HORIZONTAL DATUM: NAD 83 VERTICAL DATUM: NA YO 88 42 D,B. . LEGAL DESCRIPTION CROSSROADS SITE Situated, lying and being all that certain piece or parcel of land lacated in the Samuel Miller District of Albemarle County, Virginia and being mare particularly described as follows; commencing at 0 found rod located on the Northern right of way line of U.S. Route 29, approximately 1,100' ± West of Burton Road, said rod being THE TRUE POINT AND PLACE OF COMMENCEMENT, thence along 0 said right of way line South 57 degrees 36 minutes 51 seconds West a distance of 178.12 feet to the intersection of the Northern right of way of U,S, Route 29 and the centerline of 0 proposed 20 foot access & utility easement; thence along said centerline the following courses: 8, 2003 August 28,40 a distance of o distance of 55,04 81.79 o distance 0 West 22 seconds minutes 8 ,1 81 o distance of West 43 seconds minutes · North 49 degrees 02 126,07 feet to a point, · North 22 degrees 18 feet to 0 point, · North 23 degrees 32 feet to 0 point, · North 34 degrees 55 feet to a point, · North 42 degrees 01 178,76 feet to 0 point, · North 62 degrees 10 feet to a point, · North 45 degrees 11 feet to a poin t, 8 seconds East 02 seconds Eos minutes minutes of o distance of o distance West West minutes 32 seconds seconds minutes 30 43,22 Soid point being the terminus of said centerline, thence along said access & utility easement South 60 degrees 09 minutes 45 seconds West 0 distance of 10.00 feet to a point, said point being the intersection of soid access & utility easement ond the Northeastern corner of a proposed All tel lease area ond being THE TRUE POINT AND PLACE OF BEGINNING; thence along soid leose orea the following courses: a distonce of West minutes 44 seconds 30,00 o distonce of 5 seconds Eost 50 minutes 30.00 o distance of West minutes 45 seconds 09 30.00 a distance 0 West 5 seconds 50 minutes 200 u.s. ROUTE 29 VARIABLE WID TH R/W 30,00 being THE TRUE POINT AND PLACE OF BEGINNING and 900.00 square feet or 0.021 ocres of land more or less. of o distance 45 seconds Eost minutes 09 · South 29 degrees feet to a point, · South 60 degrees feet to a point, · North 29 degrees feet to a point. · North 60 degrees feet to a point, said point containing . , I I , I I , I I , I I , I I , I . , I I , . . , I . , I . , I I , I I , I I , I . -, I I , I . , I I , I . , I . , I I , I I , I . , I . , I I .:~,;:;:,>.,>:.., S':';:';:; :",.:<;;,:': .'- .., . .,"" .., . .~. ".:\ ". ." : '; . :'~:. .~.) ;:/~~: (. ;.',:' -4': 71Y.L3Œ 73AY'H{) :l.L/S X:~;-.,,%;-.,,%;-.,,%~;-.,,%;-.,,%~ JO'lYDBnS OllJ'IdflOJ --- Ç({~~%«{.;f{.{({~,:« ~~~?~~;i~~~~~~~~~ aN3931 HJIVH \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 3l'vJS Ot '1 riS3 J...11711 n 'f SS3:XJV ,OZ 370dONOJ'V ,çg - - - _ _ 03S0dO&d - - _ \ \ ;. (0. l" r -r-___ ~ I I ; I I I I I I I I I I I I I I I I I I I , I I , I I I . 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H (b7;h ;~.l4- ''-8<'3 ...... , " '" ", .,,: /DC,C/L'-oF SWAlE , ,",.{TO'Bf FltL£D) . .~,~.='~ <~·'c -''-, . '" " i;S> ,,:, - I ' '.',' '\.. I ," /~, '~ \, " I 'I ' ' , '"'.D, . I i\' -', ',', 0<'0 r , ~---' " .c.<_, ~8)'8 ", , > I , - - ~ ~ ....., ' '\ " ' , .- - '" '" ' I e-- '817.26~ ,,' ",', " , ~- ",~t'71£G I ~'\ ~ -'-0- _ ! , I, ,,' I 81470\ 'I ! \ I ö> I \ ", ,\ r,', - - -' _ EG, I , " -::.:. \ ' " ,~, ' , \ .CONC II" I \ ... " , :> LX~" ED,r;'''-", nr ' , I _ . I' \ " ,,>- '- C. ~./: SF ", ·--6 I I.... I '.. ", " ~ vVOCDS, , , \ I I ~" ," 0' " \" , , '.. ... --- -;--- II ""L "/---:' > \ ,\y,<v'~" r~,vø" <1 \\ I"~"~, I ',/"/ C't, \' V" .<:!'>, V' L '~"/. , 0 ~' . <Q" 'L r815....... <:- ~ ...-;..' ,.' ::: \ . ( ""'~"" " ,\ )I~, ..~,.-1,..~,-' ", ç, ì : : \ " '" 'I ", r \ _ ~- \ I , ", " ' I, " , , ,n" I ,~ '.... \ \ 1"' " ~ '.-, ?: ""I ' , t I ,.~V' ' ...\,~\:~,\ ..,'(,\ I ~J 1\\ ',''.t '-.. '~~~i ,/ \ \ ..V' "',") , 'L '.' \ \" '. è? ' , , , 'V' ',', \ \', \ \' . :/ , \ ' , ,. " ' , ó' ' , ' \ "t'¡.,"\'j" '\_~'" , . , , _V'..:3, "-.' " '<',' '\ ~ '\ '\ '"\ \, -"v>' '/< \ ' , r, ,\ ' , ' /' '. '\ .., '. " " " '. \.. \. \·,\t ~C\\, ' ", 'Èì( C/L OF DITCH \'~', \ \\ ~,' ",70' ACq£SS &" '. \ \ .. >- UTIUTY'(SMT. "_' \ '\\ '\ \,'\\ :,~ \ \ \.. ' " . I { ~ '.\ ì ",' \ \, "- .'" \\~ c? \ ___\ \'" \ " \ ~". -;So '. ' ", ',"" \ " t, '\ "ì\"'!\ '\\" \ \ \ ' '. " \ '.\ ,\ \ \ '" \ \ ' \ \\'\\, \\ \ \\ ' \ ATTACHMENT A ~~ AlLTEL COMMUNICATIONS 4525 COLUMBUS STREET SUITE 100 VIRGINIA BEACH, VA, 23462 PROJECT NAME: CROSSROADS SITE 3418 MONACAN TRAIL ROAD NORTH GARDEN, VIRGINIA GRADING & EROSION CONTROL P LAN 40 TIMMONS GROUP Site Development Residential Infrastructure ------------------ ---fj)--- 1 1 I 1 1 , 1 1 , 1 1 , 1 1 I 1 1 I 1 I I 1 1 I 1 1 , 1 1 , - --t 1 , 1 i 1 1 I 1 1 , 1 1 , 1 1 , 1 1 "- ""& - .... ~o"- ----------------~-==":-~-=-=-=-::":.~-=~-.....,~:-".-",.:~c__",_~':::::..--____ ......... '''8J $.' ...........'" "-. .........'" '...... J , , I I I I I I I I , , I I I I I I I I I I '-.." --8';0 ~ , --... ~"-,,- ~, .................. -"" ......... "- '... ""-", --- 'MIN, __ '<'7- -" '-, - --825--. CßASS' SWAL~þ;' -- "- ......., \ \ \ \ \ ~ o \ - - - -- - - - - - J ~ ~ ! LEGEND x 820,00 PROPOSED SPOT GRADE SG x 820,00 PROPOSED EDGE OF GRAVEL GRADE £G x 820 00 PROPOSED DITCH GRADE DIT 820·-- EXISTING GRADE ~ PROPOSED GRADE -'---.. - - 0=5 VIRGINIA NORTH CAROLINA WEST VIRGINIA THIS DRAWING PREPARED AT THE PRINCE GEORGE OFFICE 4260 Crossings Blvd I Prince George, VA 23875 TEL 804.541.6600 FAX 804.751.0798 www.timmons,com DATE:8-18-03 SCALE: 1"=20' * 3,05 3,20 * EROSION CONTROL @ ·X-X-X· SIL T FENCE @ ~ CHECK DAM B TRE[ PROTECTION í C4 DRAWN BY:B. CRUTCHFIELD CHECKED BY: D. 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"c ~; SS3:J0è/d NOll:Jn(:11SNO:J 3Hl lnOH9nOè/Hl 03N1V1NIV;V 38 77/M SNè/311 Vd 39VNIVè/0 9N11SIX3 "311S SIHl SS3:J:JV 01 03Zl7l1n 38 77/M 6Z 'è/S 01NO 3:JNVè/1N3 9NllSIX3 NV 't :ç .10 3d07S 39V8311 V NV 1 v HlnOS 01 Hlè/ON ;V0è/.f S3d07S 3115 3Hl S3111t111:JV 9NIOVè/9 ONV 9NIè/V37:J 30n7:JNI 77//M 3:JNV8è/nlSI0 ONV7 3Hl "311S SIHl .10 N0I1:Jnè/1SNO:J 3Hl 9NIè/nO è/n:J:Jo 77/M 3:JNV8è/nlSI0 ONV7 .f0 S3è/:JV ÇO"O ). 731 V;V¡XOè/ddV 'V3è/V 3SV37 7311 Vè/9 ONV 'è/3173HS lN3;vdm03 'è/3MOl SNOll V:JINn;V;V0:J3731 .10 NOIDnè/1SNO:J 3Hl .10 SlS/SNO:J 1:J3rOè/d SIHl Z9P£Z 'VA 'H)V3S VINI9~IA 00"1: 3.1InS .133~.1S snswmo::> SZSP SNOUV)INnWWO) 13.111V 311/1 'r/titiVN· 70tJlNO::rNOISOti3 ~r 'V 1N31f11 H:>'V 11 'V ATTACHMENT A ..4~ ALLTEL COMMUNICATIONS 4525 COLUMBUS STREET SUITE 100 VIRGINIA BEACH, VA. 23462 PROJECT NAME: CROSSROADS SITE 3418 MONACAN TRAIL ROAD NORTH GARDEN, VIRGINIA TREE SURVEY a .~ ~~ g~ ~õ ~< < . H (; .~ j ~ . ~ < . ~Æ ,- ~ ' ~~ .~ ~~ o 0 E:':: gª a. 0 6~ a. 0 TIMMONS GROUP ....;... H Site Development I Residential I Infrastructure I Technology i! YOUR VISION ACHIEVED THROUGH OURS. ~ ~ ~ õ VIRGINIA I NORTH CAROLINA I WEST VIRGINIA ~ ~ THIS DRAWING PREPARED AT THE d PRINCE GEORGE OFFICE . l' 4260 Crossings Blvd I Prince George, VA 23875 ~:% TEL 804.541.6600 FAX 804.751.0798 www,timmons.com H ~õ DATE:8-18-03 SCALE: 1"=20' f~ ~ ¡; DRAWN BY:B, CRUTCHFIELD C6 H CHECKED BY: D. JOHNSON ~! JOB NO, 66273 it 023 ~-- , -- , ¡ , : ' I ' ¡ I I ' : ' i I , ' " ',peOPOSED' i " " )(,:,30' ''' : ALL it" ' :' \L~ì&-4eÈÀ i " , " ' I r" '"" 8<," :' , " ," c, " ,'~ 'c" ",,-,. 8'9'00 ", " : I _ "" EG ' ' ~{ÔI ~'J: ' "d' ~'~''C0>"" i' . ~.' t' ai, " ' ", ," ~ ' , II ' ¥~ ,1"> ,'; "," ", ",' ' ' I " ..·..c f:;"", ',', '- : ~- ' " ",,'~' , " , _, ó' ' 80' " ,-;0 '0-" 'ó'" <0" ¡" " ' : ~______' 816 17/ D17- ~ '_ ", \' >- ". I I '4 70' I I ' E' 0 26'-" ' ~., \ I I 'I G EG' / ~. 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'" ' \ " \'_' ['\.. . \. \ i I: ~ I , \ I " ' ' \ l ¡ : ' I ¡ I I , I , , I , i - '" --~--~--~------- . I I I I I I I I '.....~ <" . "å',y , , S........... "--", " '" --- --. --....... ~ ---. ----- ---- .1 ------ 249 - 12" MAPLE - 66,4' 286 - 4" LOCUST - 49,6' 288 - 4" LOCUST - 45,8' 290 - 2" LOCUST - 32,5' 292 - 4" LOCUST - 43,2' 294 - 5" LOCUST - 42,2' 296 - 5" LOCUST - 41.4' 298 - 5" LOCUST - 47,3' 300 - 5" LOCUST - 49,2' 302 - 4" LOCUST - 39.6' 304 - 5" LOCUST - 41.8' 306 - 3" LOCUST - 37.2' 308 - 4" LOCUST - 35,4' 310 - 5" LOCUST - 38,7' 312 - 4" LOCUST - 34,7' 314 - 3" LOCUST - 33,3' 316 - 5" LOCUST - 37.9' 318 - 3" LOCUST - 32,0' 322 - 8" LOCUST - 58,7' 324 - 24" POPLAR - 88,5' 326 - 36" RED OAK - 124,7' 328 - 20" DEAD - (REMOVE) 329 - 20" DEAD - (REMOVE) 332 - 15" POPLAR - 93,6' 336 - 6" POPLAR - 30,1' 338 - 12" POPLAR - 81.9' 340 - 18" POPLAR - 69,3' 342 - 15" POPLAR - 75,2' (REMOVE) 344 - 6" POPLAR - 62.1' 346 - 16" POPLAR - 91.3' fiQI£;. PROPOSED TOWER HEIGHT BASED ON TALLEST TREE WITHIN 25' OF THE PROPOSED MOUNT (TREE #338) TREE TABLE I I I I I I I I I ........... '-,'", ---8S0 " ':Ð2~~' . , , ,~ '-... '-... - , , , '-... '-... '- ........ \ \ \ \ \ \ \ \ \ \ \ , , .\ \ , \ \ \ \ \ -- -- -- \ \ \ \ \ 0;,. o \ 40 ( N FEET -------- SCALE , ~ £[l99 'ON gor . ..,0 ' V (. ~ g NOSNHor'O :A9 Œ)[)3H::> , , ~ ~ 0l31::lH::umo "9:A9 NMVèlO ,~~ 31V::>S £O-Bl-B:3.lVO ;:.:'" H WOJ'SUOWWq'MMM 86LO'15¿-1>08 XV:! 0099'11>5'1>08131 d SL8EZ VA 'aDJoa9 aJUPd I P^19 s5u!sSOJJ 09Zt> s ~ 3:>1:1:10 :J91!039 :J::>NIHd ~: ' 3H.l.lV 03l1Vd3l1d 9NIMVèlO SIH1 ~ i 'IIINI9m^ 153M 'IINIlOè!\;o H.lè!ON VINI9è!IA g ~ .~ 20 ~ ~ A6ooU1p'I1 I ~~ ~, ...... .- ¿ 'Z --.... o ~~ Q~ ~ ; 2 . ~3 g¿; .0 1:;- n . . " ~~ !i ~ ~ c' ¡¡::'-' ,,~ ~:; !! SIN 31 V'J 'JNIMS ::Jl8nOO z LJ 'VIO SO£=35V8 IV NOISN3i'i10 ffiYtOl 3HWI HJ 3JN]j >tNnNIYHJ 0010:) Nt NMrnIS 38 01 H3M01 :31ON ) (NMOMS ŒlN/Vd) (9) SVNN31NV TINVd . 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ONV8 lTIlS H 03ZINV^ 1'1~ 0313A38 I .I 3~vn~ lION ,OOl ,00 'œ../ 001:)3 \ In'll 03HJI \ 3dIM ~NlddS 110J 03ZINV, 3~vn~ L ON 3dIM NOI' TO _ tZ Al3l'lriIXOdddV S~NIH-~OH HlW. 3dW. NOISN3l 01 Jld8'1 J 3)N3J H)'Ill V SNOU 'IJIJlJ3dS '~Jri HlIM 3JNVOHQ)J'I NI 3J'I<J8 30 IH~13H 3J'I<J8 'NIV't .B/Ç-I 'dAJ 3l3dJNOJ £'1 XI" 10M :r- ,2 L 38 01 3~V^13 1011 08 ONV dO 3dW. 038<J'I8 SON'IlliS £ OVO~ lI'vêU NVJVNOW 81v[ 3115 SOVOèlSSOèlJ ~WVN D:3fOlld 'VA 'H::>V38 VINI9'M1A 001 3,lInS .l3:nJ.lS Sn8WmO::> SZS1> SNOUV::>INnWWO::> 13.LllV "V IN3V\1H::>"V 11 "V 191>£Z $, lea;;:J at:; Æ CD · · · ATTACHMENT C COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902·4596 (804) 296·5823 July 13, 1998 Larry Ryan CFW Wireless 1150 Shenandoah Village Drive Waynesboro, VA 22980 RE: SP-98-08 Crossroads Tax Map 87, Parcel 7 A Dear Mr. Ryan: The Albemarle County Board of Supervisors, at its meeting on July I, 1998, approved the above-noted petition. Please note that this approval is subject to the following conditions: 1. 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: a. The tower shall be of treated wood; b. Guy wires shall not be permitted; 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 survey entitled "Tower site for CFW Wireless CV-143, dated Revised June 30,1998." 027 I A TT ACHMENT C 4. 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. 5. The tower shall be used, or have the potential to be used, for the collocation of other wireless telecommunications providers, as follows: a. The permittee shall allow other wireless telecommunications providers to locate f antennas on the tower and equipment on the site, subject to these conditions: (1) Prior to approval ofa 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 (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. "" 6. 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 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 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. 8, The permittee shall comply with Section 5,1,12 of the Zoning Ordinance, Fencing of the lease area shall not be required. 9. 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. 028 · · · ATTACHMENT C I I. 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 are steeper than 21 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 slopes at 2: 1 or flatter, 14, The access road shall disturb no more than seventy-five (75) feet in cross section, 15, .~II other equipment shall be painted brown, 16. All lighting shall be shielded from Route 29. 17. Electric power lines shall be 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 statT 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 "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 issuance thereof which is thereafter completed within one (1) year. 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 fÌlrther 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, [I /\L I I' /) , ) fA1~t¿C;. (*'( v, Waynr/Cilimberg/ \ Director of Planning(~ Community Development - , VWC/jcf Cc: Amelia McCulley Jack Kelsey O·~·!Q ;"'v 1.-2/-t¡f AtTACHMENT C SP 98-08 Crossroads - Request by CFW Wireless in accord with the provisions of Section 10.2.2(6) to allow the construction of a telecommunications facility on Tax Map 87, Parcel 7 A. This property is zoned VR, Village Residential and is located 260 feet from th,e ~es~ side of State Route 29 South, approximately 1 mile south of State Route 710. This site IS located within the Samuel Miller Magisterial District and is not located within a designated growth area. The applicant is also requesting a site plan waiver and a setback waiver, Mr. Morrisette offered to answer questions about the request. Condition #3(a) was amended to add the date of the plan (2/2/98). In answer to Mr. Rieley's question about fencing, Mr, Fritz said fencing is addressed, in all three ?pplications, in condition #8. (Though Mr. Morrisette recommended the addition of a condition to the site plan waiv~r-- ARB issuance of a Certificate of Appropriateness--Mr. Cilimberg pointed out that the site, tough visible from tl:1e EC,is not actually in an Entrance Corridor. Mr. Morrisette confirmed the accuracy of Mr. Cilimberg's statement and said the condition would not be needed after all,) - ---..--..'" Mr. Richard Oliver, an adjoining property owner (parcel 7C), addressed the Commission. He expressed opposition because he believes the tower is out of character with the VR designation of the property' and will devalue adjoining property. He questioned the need for additional service of this kind in the county. He believed there is "no public interest need." Mr. David Van Rojen addressed the 'Commission. He said the Commission seems to be "feeling sorry for CFW based on the opinion that they have given you the best they can give you." He disagreed, because he believes there is alternative technology, using smaller equipment, which could be offered. M~. Rieley asked if Mr. Van Rojen could describe "specific technology, pertinent to the applicant's industry," which would be less obtrusive than what is proposed. Mr. Van Rojen said in other parts of the country, very small boxes are being placed on "light poles," and the antenna is part of the box. (Mr. Fritz confirmed that such technology exists, but it is predominantly used in urban locations.) Mr. Van Rojen believed the applicant is not willing to pursue different technology because it will cost more money. Mr, \/\/hittaker was allowed to respond to Mr. Van Rojen's comments. He explained CFW chose the present PCS technology based on the belief that it was best technology to suit "our initial and future needs for our network." He said the driving factor in how much a cell site can cover is not as much the technology as it is physics, and "physics has nothing to do with money," He said he has discussed the possibility of locating on public utility poles with staff but the State Corporation Commission in Virginia will not allow that. He stressed that his company has "handled itself in the best possible fashion, has not been misleading, and has not provided incorrect information," Noting that the proposed tower site is close to Mr, Oliver's property line, Mr. Tice asked Mr, \/\/hittaker if it might moved more to the center of the property, at the same elevation. Mr, \/\/hittaker said the location was chosen by the landowner, but it may be possible to move it "within a reasonable distance," under the existing lease arrangements, ;J.-'7~ 030 · · · '. 4-21-98 ATTACHMENTC Mr. Oliver asked the Commission to ask Mr. V\lhittaker to state the height of the trees in the area where the tower is proposed. Mr. Morrisette responded: "The applicant has indicated 80 feet on the application," Mr. Tice pointed out that a condition of approval requires that the applicant provided a certified statement on the height of the trees. Mr. Rooker added out that the tower cannot exceed the height of the highest tree, within 25 feet, so if the trees are shorter, the tower will have to be lower. --...., There being no further public comment, the matter was placed before the Commission. Mr. TiGe said he agrees that the issues raised by Mr. Van Rojen are some of the ones the County should be considering, but given the time constraint which the Commission is under, those are issues which the Board will have wrestle with because they have the luxury of being able to defer action for a longer period of time. Those are the kind of issues a consultant could help us answer. He said he can support this request, for the same reasons as the Cook Mountain application. Mr. Tice asked for further comment on the possibility of moving the tower location further away from the adjoining property owner's boundary, Mr. Rieley pointed out that VDOT is concerned that the setback be far enough so that the pole, if it were to fall, would not fall on,VDOT right-of-way. He said he feels the setback from adjacent property lines should be' at least the height of the pole. Mr. Tice agreed. Mr. Cilimberg said the applicant is seeking a waiver of the setback requirements related to falling distance and if the Commission does not grant that waiver, then the applicant will have to keep it away from the property lines a distance that is at least equal to the height of the pole. There was some question as to whether or not the pole could be located on the site without the waiver. Later in the discussion, after having reviewed the original "50 scale", Mr, Morrisette said he believes there will be room to put the tower in the center of the site, ') Addressing frustrations about the length of time it is taking to hire a consultant, Mr. Finley who serves on the committee dealing with this topic, explained how the process has proceeded. He said the interviews have taken place and a meeting is scheduled for Wednesday, April 22, to discuss negotiations with one of those interviewed, He said: "It is all going to take'time, and even then we will have a lot of sites, as we are having now. However, there will be some standards and there will be policy and well-defined review process. But that is in the future, At this point. frustrated as we all are, I am going to support the application," MOTION: Mr. Finley moved, Mr. Rooker seconded, that SP 98-08, CFW Wireless, Crossroads, be recommended to the Board of Supervisors for approval, subject to the following conditions: 1. The elevation at the top of the tower shall not exceed the elevation at the top of the tallest tree within 25 feet down slope of the tower. The applicant shall provide a certified statement on the height and elevation of the tallest tree within 25 feet. Antennae may extend seven (7) feet above the height of the tower, Equipment extending above the tower shall not exceed three (3) inches in diameter. 031 4-21-98 ATTACHMENT C 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 permitted. c. The tower shall have no lighting. 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" dated February 2, 1998." j 4. Anténnae may be attached to the tower only as follows: a. Antennae shall be limited to a maximum of two (2) fiberglass antennae not to exceed seven (7) feet in height or three (3) inches in diameter. These antennae shall be painted brown or a color to match the pole. b. Satellite and microwave dish antennae are prohibited. 5. The tower shall be used, or have the potential to be used, for the co-location of other wireless telecommunications providers, as follows: a. The permittee shall aliow other wireless telecommunications providers to locate antennae on the tower and equipment on the site, subject to these conditions: . 1. Prior to, the. 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 location on the tower or the site, 2. The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to located on the tower and site in exchange for reciprocal rights on a tower and site' owned or controlled by another provider within Albemarle County. 6, 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 "Iuminaire" 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. ~ 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 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, n32 ,;29S 4-21-98 ATTACHMENT C · 8. The permittee shall comply with section 5.1,12 of the Zoning Ordinance. Fencing of the lease area shall not be required. 9. 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. 11. Minimum allowable radius for horizontal curvature of the access road shall be 40 feet. 12. 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. 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 more than 75' in cross section. 15. All other equipment shall be painted dark brown.' · 16. All lighting shall be shielded from Rt. 29, 17. Electric power lines shall be buried. The motion passed (4:3) with Commissioners Washington, Nitchmann and Loewenstein casting the dissehting votes, MOTION: Mr, Rooker moved. Mr, Rieley seconded. that the request for a waiver of setback requirements for SP 98-08 CFW Wireless/ Crossroads be denied, The motion passed unanimously. MOTION: Mr. Rooker moved. Mr, Finley seconded, that the request for a site plan waiver for SP 98-08 CFW Wireless/Crossroads. be approved, 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 The motion passed (6: 1) with Commissioner Washington casting the dissenting vote, · 033 ,.;1 c¡ '1 ATTACHMENT C COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 98-08 CFW Wireless at Crossroads: Setback Waiver Request AGENDA DATE: July 1, 1998 ITEM NUMBER: SUBJECT/PROPOSAUREQUEST: In addition to BaS review of the special use permit request, the applicant is appealing the Planning Commission's denial of a side setback waiver for the construction of a telecommunications tower on 3.038 acres zoned VR, Village Residential. Property, described as Tax M~ 87, Parcel7A, is located on the west side of Route 29 South, approximately 1 mile south north of State Route 710, Property is located in the Samuel Miller Magisterial District and is not located within a designated growth area. ACTION: Yes INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACTlS): Messrs. Tucker, Huff, Cilimberg, Morrisette ~, REVIEWED BY: ~ I BACKGROUND: The purpose of this executive summary is to provide additional information for your review, The history of the above referenced application is as follows: 1) Apri/21, 1998 - The Planning Commission recommended approval of SP 98-08, by a 4-3 vote, The Commission also granted approval ofthe applicant's site plan waiver request, but denied the applicant's request for a side setback waiver. 2) May 20, 1998 - The Board of Supervisors heard SP 98-08, but deferred approval of the side setback waiver back to the Planning Commission, in light of new information the applicant had presented. The applicant indicated that compliance with the side setback requirements would place the tower in a more visible location by placing it in an open yard or a younger stand of trees. 3) June 09, 1998 - The Planning Commission heard the applicant's request for a side setback waiver, with the additional information presented to the Board of Supervisors. The Commission deferred action until staff could renotify Mr. Oliva, adjacent property owner to the north, and ask that he attend the hearing. 4) June 23, 1998 - The Planning Commission denied the applicant's request for side setback waiver. Commission minutes are attached to aid in you review. Mr. Oliva was in attendance of the hearing. One Commissioner indicated that he would not have recommended approval of the Special Use Permit if they had known that compliance of the setback requirements would place the tower in a highly visible area. Therefore the recommendation of the special use permit would have been denial by at least a 4-3 vote. In addition to the Board of Supervisor's hearing of SP 98-08, the applicant is also requesting review of an appeal of the Commission's denial of the setback waiver. The applicant has provided a written appeal and request for BOS review. Attachments: June 23, 1998 Planning Commission Minutes Applicant's Letter of Appeal and Request for Setback Waiver ReCEIVED 'JUN 2 5 1998 Planning Oept. 98.122 034 ATTACHMENT C e,,, MMUNICATIONS o Shenandoah Village Drive P.O. Box 1328 Waynesboro, Virginia 22980-0909 540 432-6353 FAJ{: 540 942-4385 June 25, 1998 Albermarle County Planning & Community Development Attn: Eric Morrisette 40 I McIntire Rd Charlottesville. V A 22902-4596 Dear Eric, Per your request, this letter is to inform you that CFW Wireless would like to proceed with the Crossroads site. We would like the Board of Supervisors to hear our request for the Special Use Permit with waiver of the side setback. In addition, we would like the Board of Supervisors to hear the reading of the minutes from the June 23'd Planning Commission Meeting, which denied the side setback waiver, . Sincerely, ~!2r--- (Larry Ryan Site Acquisition Agent for CFW Wireless CC: Dick Shearer/CFW RECEIVED ¡JUN 2 5 1998 Planning Dept. . 03¡) ¿ '1· 1i ------------------------------------- ATTACHM'ENT C SP 98-08 Crossroads CV 143 - Request by CFW Wireless in accord with the provisions of Section 4.10,3.1 of the Zoning Ordinance for a waiver of the 25-foot side setback to construct a telecommunications facility on Tax Map 87, Parcel 7 A. This property is zoned VR, Village Residential and is located on the west side of Route 29 South, approximately 1 mile south of State Route 710. This site is located within the Samuel Miller Magisterial District and is not located within a designated growth area, 78 ------ O:Jr: ATTACHMENT C 6-9-98 3 · Mr, Keeler presented the staff report, Staff recommended approval. The report explained: The Planning Commission heard the applicant's petition to construct a Personal Communications Tower (PCS). site plan waiver. and reduction of side setback at its April 21, 1998 meeting. The Planning Commission recommended approval of SP 98-08 to allow for the construction of a tree top high tower and granted approval of the applicant's site plan waiver request. The property owner to the north, Mr. Oliver, expressed opposition to the close proximity of the proposed tower, The Planning Commission did not grant approval of the side setback waiver request because it was believed that adequate setback distance could be obtained, Mr, Keeler said the applicant had investigated the possibility of being able to obtain adequate setback and had discovered that if the tower were relocated so as to meet the setback, it would be in an open area and would be clearly visible from Rt. 29 South. When the applicant made that information available to the Board of Supervisors, the Board sent the request for the setback wavier back to the Commission for action, The applicant was represented by Dick Sheeran. He offered to answer Commission questions. He explained: "If we were not granted that setback variance, the pole would be out into the backyard of the property owner's residence," · Mr, Rieley asked if the applicant had explored possible locations on properties to the north. Mr, Sheeran said he could not say that hi'3 ~¡te acquisition people had contacted every property owner because once a willing property owner is found, with a site that meets CFWs criteria, that is the site that is pursued, Mr, Sheeran presented simulated photographs which compared the visibility of the tower with the variance setback; and without the variance. Public comment was invited. None was offered and the matter was placed before the Commission. It as determined Mr, Oliver, the adjoining property owner who had objected to the location of the tower, was not present at the meeting,. Mr. Rieley said if the choice is being closer to a neighbor's property who objected, in a location where, were it to fall, it would fall on the neighbor's property, or a highly visible location with no trees around--it is not a good choice and the reason it is not a good choice is because of the constriction of the property lines--it's a narrow lot. He said: "I would like to see more exploration of other locations, higher on that ridge, where it's level and there lots of trees,..." · Mr. Nitchmann recalled that he voted against this tower because of the feeling that no more towers should be approved until after the county's consultant is on board. However, because it has already been approved, he said he believes granting the setback is better than having the tower visible from the road He said he would feel 7i 03'7 ATTACH~ENT C 6-9-98 4 differently if the adjoining property owner (Mr. Oliver) was present at the meeting to express his opposition, Mr. Keeler said staff had received no comment from any member of the public, Mr. Rieley said Mr, Oliver's comments had been very clear for the first hearing. He said he would not want to base a decision on the fact that someone is not present at the meeting, because there could be many reasons why Mr. Oliver could not attend the meeting. Ms, Washington said she would abstain from voting on the request because she had not been present during the first hearing, and because she, too, is concerned about all the towers that are being approved. Mr, Loewenstein said he agrees with Mr, Nitchmann that guidance is needed from a consultant before more towers are approved, But without that guidance, he said he would prefer the tower be in the trees and not in the open, Mr. Nitchmann said he would like to hear from the adjoining property owner before voting on the variance request. He suggested the item be deferred until staff could contact Mr. Oliver. He said he would support the variance if it is found Mr. Oliver has changed his mind and no longer objects. MOTION: Mr. Nitchmann moved that SP 98-08 for CFW Wireless, Crossroads, Setback Waiver Request be deferred to June 23, 1998, to allow time for staff to contact Mr, Oliver. Mr. Rieley seconded the motion. Discussion: Mr, Rieley said: "In looking at these two, I believed we were looking at the two together, and I would not have voted in favor of this application without proper setbacks from the property line. I am saying that for the applicant's benefit. I think we have to find suitable sites that meet the setback requirements, I hope the applicant will explore some other alternatives in this intervening time." Mr, Nitchmann said: "/ think I agree with you because I don't think we have the right to permit something that will infringe upon the neighbor's property rights, That's what we would be saying to Mr. Oliver--'we don't care what you think about your property, we're going to allow this tower to go there and if it falls on your property, so what, I and I don't think that's what we want to do, If Mr. Oliver doesn't care, then it's a whole different story," The motion to defer to June 23rd passed unanimously. ------------------------------------- There being no further business, the meeting adjourned at 7:30 p,m, DB V, Wayne Cilimberg, Secretary ---- 15 038 · · · ATTACHMENT C 6-23-98 }' I SP 98-08 Crossroads CV 143 - Request by CFW Wireless in accord with the provisions of Section 4.10,3.1 of the Zoning Ordinance for a waiver of the 25 foot side setback to construct a telecommunications facility on Tax Map 87, parcet 7A. This property is zoned VR, Village Residential and is located 260' from the west side of St. Rt. 29 South, approximately one mile south of State Route 710. This site is located within the Samuel Miller Magisterial District and is not located within a designated growth area. Deferred from the June 9th Commission meeting, Mr. Morrisette recalled the history of this application. He said the staff report had changed very little since the June 9th meeting. The report concluded: Staff opinion is that the provision of Section 4.10.3.1 of the Zoning Ordinance is designed to prevent undue crowding of the land and to prevent safety hazards should a tower fall. Historically, towers reviewed by the County are approved subject to a condition requiring approval of a tower designed to collapse in the lease area in the event of structural failure, In this situation the proposed tower is a wooden pole which cannot be designed to collapse in a predictable manner. Relocation of the tower to the south would increase land disturbance with the access road extension and it would aiso place the tower in an open area with no tree coverage, making it visibly more obtrusive to Route 29 South. Should the tower collapse in the requested location, it would not be near any 0'3 c . ~ d ATTACHMENT C 6-23-98 2 dwelling on adjacent property. The area of the adjacent property nearest the tower is located uphill from the tower and in areas of critical slopes which cannot be built on. In the event of collapse no improvements would be endangered. Therefore, staff is able to support this request. Staff recommended approval of the waiver request. The applicant was represented by Mr. Dick Scharer, He presented no new information, but offered to answer Commission questions, Mr. Rieley asked, as he had at the June 9th meeting, if CFW considered any other properties in this area. Mr. Scharer said a lot of sites along the 29 South corridor have been looked at during the last year. Based on engineering studies and the terrain of this property, "this site met our needs." Mr. Rieley said he realizes this is the ideal spot from the applicant's perspective, but "what we are looking for is the ideal spot that will serve your needs, but will also meet the public's interests, and if you haven't looked at any other sites, you put us in a difficult position." Mr. Scharer explained the site selection process in more detail. He said once engineering studies have been done to identify sites which will meet the current need, then a willing landowner must be located. More than one landowner was approached. Mr. Scharer concluded: "Yes, we have checked with other locations. We know, because of engineering studies, that site-the Shifflett property--will work for us. The issue is the setback. Mr. Shifflett's property-- because of foliage--in order to meet the setbacks we woulp be setting it into an open area, and that is not satisfactory for Albemarle County," Mr. Morrisette asked the applicant if complying with the setback requirements would result in the need for a taller tower, given the fact that the elevation would be lower. Mr. Scharer responded affirmatively. Public comment was invited. Mr, Richard Oliva, adjoining property owner to the north, and the property most impacted by the side yard setback, addressed the Commission. He expressed the belief that a tower of any type will devalue surrounding properties. He said this proposed tower, if granted the setback waiver, will be only 25· feet from his property line, and, should it fall, it will endanger his property. He disagreed with the comparison of this structure to a telephone pole, because a telephone pole is only about 40-45 feet tall, whereas this pole is 80 feet tall with a 10-foot antennae on top. He asked that the setback waiver be denied. Mr. Rooker asked Mr. Oliva how close his dwelling is to the proposed tower location. Mr. Oliva estimated it to be 1,000 yards, but he said the land between the tower and 0(10 ATTACHMENTC · 6-23-98 3 his dwelling would be developed with possibly two more dwellings. Anything built on that part of his property will be endangered by this tower. Mr. Rooker read a section of the staff report which stated that adjacent property closest the tower was located in an area of critical slopes which could not built on. Mr. Oliva said that statement did not refer to his property, and, to his knowledge, his property did not fall under any critical slope provisions, Mr. Rooker asked staff to comment. Mr, Morrisette said it is difficult to work with 600 scale topos, but "it looks as thougtþthere are some critical slopes in that area, but a more detailed topo would be needed to pinpoint the location." Mr. Rooker was trying to determine how close to this proposed tower site Mr. Oliva might be able to build, and still avoid critical slopes. Mr. Morrisette said: "He would have to be 50 feet from the tower--25 on both sides." Mr. Oliva said the land flattens out as it gets closer to the tower. There being no further public comment, the matter was placed before the Commission. · Mr. Rieley expressed concern about conflicts in the documentation. He explained: "Attachment B shows the wireless location at a scale of 1" = 600'; it shows the location at least 500 feet from the Shifflett residence. If we are talking about moving it to meet adequate side yard requirements, we are talking about moving it 65 feet, yet we have a simulated photograph which shows it about 50 feet from the back of the house." He concluded: "Either the map is wrong, the parcel is wrong, or the simufation is wrong." He continued: "The fundamental question is if the only suitable site on this piece of property does not meet the setback requirements, is it a good place for a tower? I am exactly where I was the last time we looked at this because the applicant is exactly the same place he was the last time we looked at this. And that is that there needs to be an investigation of the surrounding area to see if a more suitable location can be found which will meet the setback requirements and still serve the applicant's requirements." Mr. Rooker said: "I also have difficulty approving a waiver of the setback when there is objection from the neighboring property owner, and, in fact, he could develop his property within the area where the pole might fall as a matter of right. So we would be negatively effecting his property by waiving the setback. He is not the one deriving the revenue from this tower. The landowner who is renting the site is. If anyone should bear the burden of the tower being close to their improved property, it would seem to me to be the party who is getting the lease payments. So I have a problem with this application because of that." · Mr. Rieley said he had a procedural concern, i,e. "We already approved the tower on this site, We just didn't approve the setback waiver.· I think we need to communicate very clearly to the Board that we regarded that as a two-part arrangement and that we do not think they should approve this setback waiver." 041 A TT ACI:IMENTC 6-23-98 4 Mr. Rooker said: "I don't necessarily agree with that. I don't necessarily object to the tower site. I object to the waiver of the setback requirement." Mr. Nitchmann said he thinks the Board is going to want the discrepancies identified by Mr. Rieley cleared up, i.e. "which of the three things is right?" Mr. Rooker said "I would like to see a simulation of what we would have if that was the proposed tower site," Mr. Nitchmann said he shared Mr. Rooker's concerns about the impact to the neighbor (Mr. Oliva). He said he could not support the waiver request. MOTION: Mr, Nitchmann moved, Mr. Rooker seconded, that SP 98-08, Setback Waiver Request for CFW Wireless at Crossroads, be recommended to the Board of Supervisors for denial. The motion passed 4:0: 1. Mr. Tice abstained because he had not been present at the June 9th meeting when this item was discussed. Mr. Keeler said the Board may wish comment from the Commission on the question of whether or not "you would have recommended approval of this with it depicted in the open area as shown on one of those (simulations)." Mr. Rieley said: "That is precisely the point I was trying to make. I would not have voted in favor of the site if this is the location. If you cannot either meet the setback or improve on this, I think that is an unsuitable tower location and I would have voted against the tower. I think the Board should be aware of that." Mr. Rooker pointed out that if Mr. Rieley had voted against the tower, it would not have been approved because the vote had been 4:3. ------------------------------------- 042 . A TT ACHMENTC COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 229024596 (804) 296-5823 April 23, 1998 Larry Ryan CFW Wireless 1150 Shenandoah Village Drive Waynesboro, VA 22980 RE: SP-98-08 Crossroads Tax Map 87, Parcel 7 A . Dear Mr. Ryan: Dear Mr. Ryan: The Albemarle County Planning Commission, at its meeting on April 21, 1998, by a vote of 4-3, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this apPfûval is subject to the following conditions: I. The elevation at the top of the tower shall not exceed the height of the tallest tree within 25 feet down slope 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. b, Guy wires shall not be permitted, c, The tower shall have no lighting, 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 0/1 the attached plan entitled "Tower site for CFW Wireless CV-143, dated February 2, 1998, 043 A TT ACHMENTC Larry Ryan April 23, 1998 4, Antennas may be attached to the tower only as follows: a, Antenna shall be limited to a maximum of two fiberglass antenna not 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, .b. Satellite and microwave dish antennas are prohibited. 5. The tower shall be used, or have the potential to be used, for the collocation of other wireless telecommunications providers, as follows: a, The permittee shall allow other wireless telecommunications providers to locate antennas on the tower and equipment on the site, subject to these conditions. (I) Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting locate on the tower or the site, (2) The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. 6. 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 DluminaireO 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, 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 2 044 · · · ':t ATTACHMENTC Larry Ryan April 23, 1998 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, 8, ,c· The permittee shall comply with section 5,1,12 of the Zoning Ordinance. .' Fencing of the lease area shall not be required. 9, 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. 11. Minimum allowable radius for horizontal curvature of the access road shall be 40 feet. 12. 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; 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 more than 75' in cross section. 15. All other equipment shall be painted brown, 16, All lighting shall be shielded from Rt. 29, 17. Electric power lines shall be buried. The Planning Commission also approved a waiver of the drawing of a site plan in accord with the provisions of Section 32,2,2. subject to the following conditions: 1. Approval of an erosion and sediment control plan prior to the issuance of a building permit. Provision of one parking space, 2, ...,. 3 045 ATTACH.MENTC Larry Ryan April 23, 1998 ,.~ Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 20, 1998, 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 granted a waiver of a site plan drawing in accordance with the provisions of Section 32.2.2 subject to the following conditions: 1, Approval of an erosion and ~ediment control plan prior to the issuance of a building permit; and, 2. Provision of one parking space, The Planning Commission denied a request for setback waiver. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me, Sincerely, ¿t. ~/1.:Jk Eric Morrisette Planner EM/jcf cc: Ella Carey Jack Kelsey Amelia McCulley 4 04fj . . D · E 218 Virginia 22902-4596 296 - 5823 972 - 4012 ARB ACTION MEMO 11-17-03 Time: 1 :30 PM Room: # 241 Members: M. Kirk Train, Marcia Katie Hobbs M. Charles T. Lebo; Present Present t at 1 p.m. information had to be submitted for review. DEFERRED ITEMS Review of a Permit and Review of of an with antennas and 2. 3. 4. 5. 6. 7. Mr. motion carried (4:0). sa only. antennas. to remain." - Absent) ALBEMARJ"E COUNTY ARCHITECTURAL REVIEW BOARD· 1 ACTION MEMO 11·17·03 · · · ATTACHMENT E Motion: Ms, Smith moved for approval of a Certificate of Appropriateness for the proposal, with the following conditions to be administratively approved by staff: 1 . Show that there is sufficient backdrop for the pole on site, or obtain the necessary easements that will provide for an adequate backdrop off site, up to a distance of no more than 200 feet. 2. Revise the proposed grading to ensure the health of trees #340, 344, and 346. 3. Revise the plan to show grading held outside the drip line of all trees to remain, 4. Indicate on the plan all proposed lighting, 5. Indicate that proposed lighting is intended for temporary maintenance use only, 6. Include a detail in the plan that clearly shows all exact dimensions of the antennas. 7. Indicate on the plan that the "existing edge of woods" is also a "tree line to remain," Second: Mr. Lebo. Vote: The motion carried (4:0), (Joseph - Absent) Regular Review Item ARB-2003-156: Hollvmead Town Center - Final Review of a Site Development Plan - (Tax Map 032, Parcels 42B, 42C, 420, 42E, 43, & 43A) Proposal: To construct a portion of the town center, including a Target store with an adjacent retail store, a food store with adjacent retail shops, two 18,000 SF retail buildings, a 11,250 SF retail building, a 15,000 SF commercial building, and a 6,400 SF commercial building. In general consensus, the ARB offered the following recommendations for revisions to the proposal: A. Reaardina the architecture, 1. Revise the Exterior Finish Legend to indicate that the gates will be burgundy and that all glass will be clear. 2. Revise the Target loading area to eliminate visibility. Among the options discussed at the meeting were the following: increase the landscaping, add architectural elements across the loading area, extend the screening wall, move the loading area, 3. Indicate on all plans and drawings the color of the Target loading bay doors and the color of the wall area surrounding the doors for the Target building. These colors should be coordinated with the other materials and colors of the building. 4. Clarify on the plans the appearance of the Target compactor. Show how it will be made appropriate for the EC, 5. Provide complete, accurate information regarding proposed building materials and colors on all drawings. 6. Use white only as an accent on the Target building, 7. Revise the north elevation of the Target building to include architectural features that eliminate blankness, as discussed at the meeting, including changes to the pilasters and the height of the wall elements. Coordinate elevations and plans so that the location, size, depth and other characteristics of the wall elements are clear. 8. Revise the Target design so that the side of the building that faces the EC is depicted as a face, not a side, as discussed at the meeting, including the addition of windows and increasing the height of the wall element. Coordinate the elevations and plans so that the location, size, depth and other characteristics of the wall elements are clear. 9, Revise the mechanical equipment note to read: "Visibility of all mechanical equipment shall be eliminated from the Entrance Corridor." 10, Limit the clerestory illumination to the two main tower elements of the Target building. Provide photographs to clarify the limited intensity of the proposed illumination. 11. Clarify the plans regarding the doors on the EC side of Building H. 12, Revise the color of the wall panels of Building BIC to a darker color, B. Reaardina liahtina: 1, Reduce the number of wall fixtures on the Target building to the minimum necessary for illuminating the entrance/exit. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 2 ACTION MEMO 11-17-03 051~ ATTACHMENT E 2. Reduce the height of the following pole lights to 20': the six pole lights at the east end of the Target parking lot, nearest the EC; the quadruple pole light situated northeast of the Target loading area; the seven triple lights in the parking lot east of Building B/C. 3. Confirm the number of 0 fixtures in the lighting schedule. 4. Add the number (7) of F fixtures to the lighting schedule, 5. Remove the reference to poles in the lighting schedule for wall-mounted fixtures. 6. When the manufacturer's cut sheets offer an option for drop or flat lens, clearly indicate the flat lens option, 7. Since revised lighting information was received after the deadline, the applicant should anticipate additional lighting comments. 8. Include a diagram of each proposed light fixture in the site plan set. 9. Revise the plan to eliminate spillover at the property line. 10. Provide photographs to clarify that the champagne color for the poles is appropriate, c. Reaardina sianaae 1 , The applicant stated that the entrance feature will be removed from the proposal. Revise all drawings accordingly. 2, Choose a different red for the wall signs (excluding Target). Provide a sample of the darker shade and the color number. 3. Limit the proposed wall sign colors to three. Provide a sample for the third color. 4. There shall be one sign color per building grouping (muted red or white or a third color yet to be specified and reviewed), Building groupings are as follows: B & C together, 0 alone, E alone, F alone, G & H together, and K alone. 5. Include a statement in the sign criteria indicating that there will be no illumination of window signs visible from Route 29. 6. Include a statement in the sign criteria indicating that logos and graphics visible from Route 29 will not be internally illuminated. 7, Revise the monument sign illustrations so that the sign area accurately measures 32 square feet or less. 8, Clarify on the plans the external illumination of the monument signs. Provide complete information on the proposed external fixtures, Provide manufacturers cut sheets with all proposed options identified, Include the information on the lighting plan. Coordinate the fixtures with landscaping. Uplights shall not exceed 3000 lumens. 9. Revise the wall signage to meet the 200 square foot maximum for Target. Regarding bull's-eyes on the EC side of the building, symmetry must be maintained. Both bull's-eyes shall be retained, or both shall be deleted. 10, Simplify the design of the monument sign. 11, Note: An off-site Target sign will require a special use permit. D. Reaardina the site and landscapina: 1, Revise the text font on the landscape sheets so that it is completely legible at all sizes. 2. Show the canopies over the walkways on the landscape plan. 3. Coordinate the length of the pergolas on both the elevations and site plan. 4. Incorporate (as proffered) 2 tree-lined pedestrian walkways/grade arms located within the Target parking lot. These features should not simply be long tree islands. They should incorporate a consistent grade change of between 2' - 4' to achieve a terraced effect. 5, Submit a signed planting easement from VDOT for those plants located in the VDOT right-of-way. (Please note that this off-site planting is acceptable only because the plants are not required to meet the ARB Guidelines or to mitigate the negative impacts of the proposed development.) 6. Resolve all tree/pipe conflicts and treellight pole conflicts. Resolve tree conflicts with overhead and underground utility lines along the EC, Show trees at least 5' from storm pipes and 10' from sanitary pipes. 7, Increase the planting height of shrubs along the EC to 36" at time of planting, Specify a planting height of 36" for the ornamental grasses in the Plant List. 8. Specify the variety "Nigra" for the Inkberry Holly, 9, Add a large shade tree east of the Target building (in place of the Blackhaw Viburnum) to continue the row of shade trees 35' on-center. 1o, Substitute the White Spruce for a screening tree that will provide the maximum amount of screening for the loading area, ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 3 ACTION MEMO 11-17-03 05~~ · · · ATTACHMENT E 11, Substitute the Carpet Rose with a taller, evergreen screening shrub. 12. Increase the quantity of the Soft Touch Holly in the tree island closest to the EC, 13. Provide information showing how the water level will be maintained to achieve a continual appropriate appearance for basin #1. 14, Provide a substitute for Thalia. 15, Provide an informal planting of shade trees, ornamentals, conifers, and evergreen and deciduous shrubs to better integrate basin #3 (south of Area B) into the landscape, 16. Provide a signed landscape easement for off-site plantings of the stormwater management area and plantings south of the main entrance to the site. 17. Provide substitutions for the Canadian Hemlock and Eastern White Pine. 18. Substitute the Crapemyrtle and Katsuratree with a species that reaches a mature height of 35', 19. Incorporate additional evergreen shrubs within the Blackhaw planting along the EC. 20. Provide an alternate screening tree for the White Pine that is denser in habit. 21. Substitute the London Planetree with a hardy, urban tree. 22, To meet the ARB Design Guidelines regarding interior parking lot trees, one of the following options should be pursued: Option A: Provide planting islands that are 8' x 8' (includes 2' parking overhang on either side) with a stone curb. These islands should be situated parallel to the parking space. Option B: Provide planting islands that are 4' x 4' with a stone curb (diamond shape), include a tree rail around the proposed tree, increase the width of adjacent spaces to 10', specify pavers within the adjacent 10' wide parking spaces and incorporate a more porous soil mix under the pavers. 23, Increase the quantity of Gold Coast Juniper in the Target parking lot end islands. 24, Label the shade trees in front of Building K1 and the shrubs in the end island east of Anchor B, 25, Replace "Marshall's Seedless" Ash with "Patmore" Ash, 26, Substitute the Autumn Flowering Cherry and American Hophornbeam with larger shade trees at the ends of the planting islands. 27, Add 3 Katsuratrees, 2%" caliper, along the sidewalks in front of Anchor B, outside the covered walkways, 28, Specify evergreen groundcover in all areas where the grading is greater than 3:1, 29, Substitute the Japanese Zelkovas in the middle planting island south of the Target entrance with screening trees such as Southern Magnolia. 30. Provide trees along the front of Buildings C and F at approximately 35'-40' on-center, The placement of trees should coordinate with the building architecture. 31, Add foundation shrubs for elevations of Buildings G and H that are visible from the EC. 32. Substitute a winter hardy grass for the Black Flowering Grass. OTHER BUSINESS Keswick Vinevard: Mr. Lebo stated that he received a call regarding a large fan installed at Keswick Vineyards, and he wondered what reviews/approvals were required, Staff indicated that they would look into it and get back to him. White Gables: It was the consensus of the Board that the 2'-high wall in front of the residence should be constructed of brick painted white. Brown Auto Park It was the consensus of the ARB that the applicant should provide the three trees in the island, without utility conflicts and with sufficient space for the health of the trees. Wild Birds Unlimited: It was the consensus of the ARB that staff could administratively approve the white vinyl window signs at an area not to exceed a total of 9 square feet. Jefferson Heiahts Cottaaes wall: ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 4 ACTION MEMO 11-17-03 053 ATTACHMENT E It was the consensus of the Board that staff should email them with the location of the wall that is an example of the one proposed for the Jefferson Heights project, and that each member would visit the site to assess the wall, Next ARB Meeting: December 1, 2003 Administrativelv Aporoved Certificates of Appropriateness: · Carribbean Tan-Seminole Commons · Attitudes Salon-Souths ide Shopping Center · Orthodontics-Albemarle Square ADJOURN The meeting adjourned at 5:16 p.m. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary,) ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 5 ACTION MEMO 1I-I7-03 054 · · · ATTACHMENT F Albemarle County Development Departments SPIN Submission and Comment S P-2003-071 Vernon or Jackie Shiflett- ALL TEL/Crossroads PWSF Zoning [description and date] revision 1 reviewer jan sprinkle received 11/3/2003 decision reviewe 11/3/2003 1, This entire site is within the 200-foot tree conservation area of the existing CFW site, Removal of trees by CFW would violate condition number 7 of SP 1998-008, It would seem that if the trees were considered necessary for that tower's location, they are still needed and should not be removed for a second tower on the same site, 2. There is considerable grading proposed for this new site which is visually "behind" the existing tower when viewed from Rt. 29. Grading the site obviously removes all vegetation including any trees and in this case will push the treeline approximately 30' back from its existing location, The existing site has only a 10' x 10' lease area and removed minimal trees, This proposed site is a 30' x 30' lease area with grading extending out an additional 1 0' up the hill behind both the existing and proposed towers plus an additional 20' by 50' to the east of the proposed facility for the access and utility easement. This may exaggerate the visibility from Rt. 29 of both towers, Please have the applicant address this most critical element of tower siting, (The proposed ZTA for personal wireless service facilities will recommend a 500-foot separation between towers so that this overlapping and conflicting tree preservation will not be permitted by right but will require SP approval. This may be a good time to consider criteria for evaluation for when it is and is not appropriate,) 11/21/200303:50 PM Page 1 of 1 05"" . ~.) . . . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: MARGARET DOHERTY DECEMBER 2, 2003 JANUARY 14 ,2004 FOUNDATIONS CHILD DEVELOPMENT CENTER (SP-03-73) Applicant's Proposal: The applicant, Foundations Child Development Center, is proposing a day care center of up to 125 students in a new building approximately 6,200 square feet in size, on a portion of a parcel located on Berkmar Drive across the street ITom Planet Fun. The proposed improvements include sufficient area for playground and parking. Petition: Request for special use pennit to allow a day care center in accordance with Section [16.2.2.7] of the Zoning Ordinance which allows for day care facilities in the R-6 Zoning District. The property, described as Tax Map 45 Parcel 112F, contains 1.541 acres, and is zoned R-6, Residential. The proposal is located on Berkmar Drive (Route 1403), approximately .5 miles north of the intersection of Berkmar and W oodbrook Road, in the Rio Magisterial District. The Comprehensive Plan designates this property as Transitional in Neighborhood 1. Please see a vicinity map included as attachment A. Property description: Tax Map 45 Parcel 112F is located on Berkmar Drive (Route 1403), approximately .5 miles north of the intersection ofBerkmar and W oodbrook Road, in the Rio Magisterial District. Character of the Area: The property is surrounded by commercial uses: SPCA to the south and Planet Fun across the street. The property adjacent to the north is reserved for right-of-way for the Western Bypass, and includes improvements from the fonner Faulconer Construction Company site. There are two single family residential properties near the site, one on Woodburn Road northwest of the subject parcel, and one northeast of the site across the street, however, the character of the area along Berkmar Drive is mostly service commercial. Bv-ri2ht Use of the Property: The property is currently zoned R-6, medium density residential. It could be developed with up to six dwelling units per acre, theoretically 6 units (1.5 acres x 6), and a variety of dwelling unit types are available. ST AFF COMMENT: Staffs comments present an analysis of how the proposed use meets the goals and objectives of the Comprehensive Plan, and the Zoning Ordinance. Comprehensive Plan: The subject property is designated Transitional on the Land Use Plan Map and is within Neighborhood One. Following are recommendations from the Comprehensive Plan (page ), relative to this property: · Due to the potential impact of the Western Bypass, the area north of Rio Road, west ofBerkmar Drive and east of Woodburn Road, was designated Transitional. This designation will allow for a wide flexibility of uses and allow uses that would be compatible with the bypass in the long term and provide a transition to the residential property to the west in the short term. The proposed daycare use is a good transitional use between the commercial uses on the south side of Berkmar Drive and the residential uses on Woodburn Road. In the long term, if the bypass is constructed, the building may be converted to a more commercial use, to avoid the construction and eventual noise from truck traffic. · Access to Woodburn Road from properties located between Berkmar Drive and Woodburn Drive will be prohibited. Proposed development which impacts on the bypass development shall be discouraged. The proposal does not include access to W oodbum, nor does it impact bypass development. · Consider extending transit service along Berkmar Drive. The concept plan includes a twelve foot reservation for future right-of-way, which will allow VDOT to improve Berkmar Drive with an additional lane or bikelanes, as necessary. · Maintain the wooded ridgeline along Berkmar Drive to buffer the residential properties along Woodburn Road. The proposal does include the removal of trees, which is required for any development of this parcel, however, there are no residential properties along this stretch of Wood bum Road which require buffering. Neighborhood Model Staff has analyzed the parking structure for conformity with the twelve principles of the Neighborhood Model, and finds it generally in compliance, as follows: Pedestrian Orientation The concept plan shows sidewalks from the parking lot to the building and along Berkmar Drive, however, crosswalks should be shown across the entrance and the travelway, which will be required at the Site Plan stage, r1 . Neighborhood Friendly Streets Not Applicable. Sidewalks exist on Berkmar Drive along the entire and Paths frontage, Interconnections The proposal includes a new entrance on Berkmar Drive, which will be shared with any future development on the northern portion of the property. Parks and Open The proposal includes an area for a playground around the building, Space Neighborhood Not Applicable. Centers Buildings and Elevations have been provided with Attachment B, The building presents as Spaces of Human a residential structure, one-story with a pitched roof, which will blend into Scale the neighborhood, Relegated The daycare use requires a safe play area, behind the building, which forces Parking the parking to the side, rather than the rear. However, the building has a smaller setback than the majority of the parking. Mixture of Uses The site is so small that it is acceptable to propose one use and it adds to the mixture of uses within this transitional area. Mix! Housing Not Applicable, Types Redevelopment Not Applicable, Site Planning The concept plan shows a lot of grading into the slope to create a that Respects usable play area. Given the fact that the adjacent parcel is right of Terrain way for the Western Bypass, this is an acceptable solution, The remaining slopes should not be more than 3: 1 to allow for re- vegetation and stability. Clear Boundaries Not Applicable, w / Rural Areas . . ,~ Zoning Ordinance Review Section 31.2.4.1 of the Zoning Ordinance below requires that special use pennits be assessed as follows: Will the use be of substantial detriment to adiacent property? Adjacent property will find little or no effect from this proposed use. The SPCA facility to the south is setback so far from the street such that there is little or no relationship. Will the character of the zoning district change with this use? The character of the zoning district is a mix of residential and commercial and service uses. A daycare facility will not change this character. Will the use will be in hannony with the purpose and intent of the zoning ordinance? A daycare facility provides a necessary service use to the residents of this area and therefore is in hannony with the purpose and intent of the zoning ordinance. Will the use be in harmony with the uses pennitted by right in the district? A daycare facility is in hannony with the uses pennitted by right, which include mostly residential uses, and compatible service uses. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? Section 5.1.06 requires that each day care center be subject to the following: a. No such use shall operate without the required licensure by the VDSS. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter; b, Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this chapter; and c, These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the VDSS, FDH, VSFM, or any other local, state or federal agency. { I . . . The additional regulations noted above do not need to be addressed as part of the special pennit approval. Will the public health, safety and general welfare of the community be protected if the use is approved? The special pennit request has been review by the members of the Site Review Committee, to ensure the public health, safety and general welfare of the community will be protected. Finally, the Virginia Department of Transportation is recommending approval of the special pennit, but they are requiring that the applicant reserve area for a potential additional lane in Berkmar Drive, which is shown on the concept plan. RECOMMENDED ACTION: Staff finds that this request generally complies with the provisions of the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP 03-49 with the following conditions: 1. The site shall be developed in general accord with the concept plan entitled, Foundations Child Daycare Center, dated September 25,2003; 2. The maximum number of children shall not exceed 125 or the number of students as approved by the Department of Social Services, whichever is less; 3. VDOT approval of a commercial entrance; 4. The remaining slopes should not be more than 3:1 to allow for re-vegetation and stability; and 5. The following minimum setbacks shall be maintained: 30 ft building and 10ft parking setback from Berkmar Dr and 15 ft building setback from the southern property line. ATTACHMENTS: A - Location Maps B - Foundations Child Daycare Center Concept Plan and elevation drawing, dated November 3, 2003. ~ ATTACHMENT A W 0::: c « co () l() "Ì >- « c ~ z W c M:E C\ I'-. ,....~ ~- .0 M..J 9w ; ~> l (J)W u.. C (J) C \0 Z co 0 ~ « c z ::J 0 c LL "to c: '" '" c: .0 ~ c: '" . '" c: .~ ~:§. :~.~'§ ü5- ~'§.~ a ~ ~~ (!) ~Q)~ ~ ~~co <.J 5:;""0 Go') ~~ ð~~ ~J5 . ê'~~ ü,sC""')o1:J ~~~~i co ,0 _0 II) ~-&~~~£ :e ~ §'@ Q) ~ « 8'« ~ Q. 0 È<3~g,~~ 1::J....16ct1<b"O [~~~~~ ~~f}'~~C: a..o~o::(~~ /' Ir N . cry N L.{) ATTACHMENT A I~I ,+ w r::t:: c> « c> () CD >- « e .... z w c> ::!E ~ Ma.. ";-0 M..J Ow '> a..W (J)e (J) 8 z C'\ o ¡::: « e z ::J o c> LL. Q) æ ('\ V /^'" ( " \ ) "'-.// I^'- ~. ) . (~ "~ "~ ". "~ ~ \ " .. ~ . ~ " \ .. ~ ~" . ."4/ G "j \)0 \) L_' 1:> <:: '" " ~ j)! <:: ~ c:: ~~ :§ @-'s- ~~~ ~ '0 ~~ ~ £(l)~ ì;; (ij ~ <0 Q;) ~"'O ~ .2 c:: ~"t) ~ ~ ~ .~ ~ 5'" EC1>::I 8~88~5 -êa~~~~ (b'~-oEe E..c:::§C'\~(;; .8 g. ~@ Q) § ;q: ~":t: è g. 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