HomeMy WebLinkAboutSP199900015 Approval - County Special Use Permit 1999-06-18
June 18, 1999
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 Mcintire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
Dick Shearer
1150 Shenandoah Village Drive
Waynesboro, VA 22980
RE: SP-99-15 CFW, CVl13 Red Hill
Tax Map 87B, Parcel 4
Dear Mr. Shearer:
The Albemarle County Board of Supervisors, at its meeting on June 9, 1999, unanimously
approved the above-noted petition. Please note that this approval is subject to the following
conditions:
1. The height of the tower shall not exceed six (6) feet above the height of the large oak tree
located west of the proposed lease site. The applicant shall provide a certified statement
on the height of this tree. A lightning rod approximately one (1) inch in thickness may
extend two (2) feet above the height of the tower;
2. The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting; and
d. The tower shall not be painted and shall be natural wood color;
3. The tower shall be located on the site as follows:
a. The tower shall be located on the site as shown on the attached plan entitled
"Survey of a Lease Parcel & Ingress Egress Easement for CFW Wireless on the
Land ofJ & F Ekman, Inc" dated May 14, 1999 and initialed "SET, 5/17/99;" and
b. The lease area shall not be fenced;
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Page 2
June 18, 1999
4. Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to two (2) panel antenna not to exceed six (6) feet in
height, mounted flush against the wooden pole and not to extend above the top of
the pole; and such antenna shall match the color of the pole; and
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 or
utilize the antennas on the tower and equipment on the site, subject to these
conditions;
(1 ) Prior to approval of a final site plan for the site or the waiver of the site
plan
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;
[The use of this facility by additional telecommunications providers will require
amendment of this special use permit. The presence of this condition in no way implies
approval of additional uses for this facility or this property.]
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 feature. 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 only be on
during periods of maintenance;
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
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June 18, 1999
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. Access road improvements shall be limited to drainage improvements and minimal grading
necessary to improve the travel surface and the application of gravel. Should installation of
the tower require provision of greater access improvements, these improvements shall be
removed or reduced after installation is completed;
10. The regular service interval shall be as indicated by the applicant and described herein,
except as necessary for repair and restoration of service;
11. The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless communications purposes is discontinued;
12. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identifY each user of the tower and shall identifY
each user that is a wireless telecommunications service provider;
13. No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2: 1 unless retaining walls, revetments, or other stabilization measures
acceptable to the County Engineer are employed;
14. The permittee shall landscape the base equipment to shield it from the residents and the
neighbors; and
15. To further reduce the visibility of the pole, the existing dawn-to-dust light beside the pole
location shall be removed and replaced with full cut off luminaire or the minimum light
needed to provide store yard security
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
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Page 4
June 18, 1999
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,
2~~~
Director ofPlannir;Junity Development
VWC/jcf
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Cc: Amelia McCulley
Jack Kelsey
T ex Weaver
Steve Allshouse
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LINE I DIRECTION I DIST ANCE
L1 S 88'31'00" W 76.76'
L2 S 78'00'00" W 48.71'
L3 N 79'56'00" W 44,83'
L4 S 10'04'00" W 21. 71' R
L5 S 48'19'09" E 55.04' v
L6 S 84'39'04" E 3,54' 1/
L7 N 84'39'04" E 10.00'
L8 S 05'20'56" E 10,00'
L9 S 84'39'04" W 10.00'
L10 S 05'20'56" E 10.00'
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SURVEY OF A
LEASE PARCEL &
NGRESS EGRESS EASEMENT
FOR CFW WIRELESS
ON THE LAND OF
RESIDENTIAL
DWELLING
179' TO
PROPOSED
TOWER
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GEORGE & JENNIFER MEN TORE
TAX PARCEL 87B 6
DEED BOOK 1331 PG. 230
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Patton Harris Rust&Assocìates,pc
EDgin eers. Surveyors.Planners, Landsc ape Archi tec ts
116 N. Main Street
Bridgewater, Virginia 22812
540-828-2616
Offices
OTHER EASEMENTS, IF ANY, NOT SHOWN.
NO TITLE REPORT FURNISHED.
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2. THIS PARCEL IS NOT IN A
F.E.M.A. FLOOD HAZARD
ZONE "A" OR "B"
3. LEASE PARCEL DERIVED FROM A FIELD
SURVEY AND DEEDS AND PLATS OF
RECORD AS FOUND AMONG THE LAND (f) ('\J
RECORDS OF ALBEMARLE COUNTY, o<{f'0
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SAMUEL MILLER DISTRICT
ALBEMARLE COUNTY VIRGINIA
SCALE: 40 DATE MAY 14, 1999
-
PHR&A 10419-12
,
F EKMAN
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PROPOSED TOWER
I_OCA TION
DETAIL
"'OT TO SCALE
5.00'
Virginia Beach,Va
Winchester,Va.
Chantilly,Va.
Bridgewater.Va
Leesburg,Va.
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4,;VISS47'
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
June 1, 1999
Dick Shearer
1150 Sheandoah Village Drive
Waynesboro, VA 22980
RE: SP-99-15 CFW Red Hill
Tax Map 87B, Parcel 4
Dear Mr. Shearer:
The Albemarle County Planning Commission, at its meeting on May 25, 1999, unanimously
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The height of the tower shall not exceed ten (10) feet above the height of the large
oak tree located west of the proposed lease site. The applicant shall provide a
certified statement on the height of this tree. A lightning rod approximately one
(1) inch in thickness may extend two (2) feet above the height of the tower;
2. The tower shall be designed, constructed and maintained as follows:
a. The tower shall be wood;
b. Guy wires shall be not permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted and shall be natural wood color;
1
Page 2
3. The tower shall be located on the site as follows:
a. The tower shall be located on the site as shown on the attached plan entitled
"Survey of a Lease Parcel & Ingress Egress Easement for CFW Wireless on the
Land of J& F Ekman, Inc." dated May 14, 1999 and initialed "SET, 5/17/99;"
b. The lease area shall not be fenced;
4. Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to two (2) panel antenna not to exceed six
(6) feet in height, mounted flush against the wooden pole and not to
extend above the top of the pole;
b. Satellite and microwave dish antennas are prohibited;
5. The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow other wireless telecommunications providers to
locate antennas on the tower and equipment on the site, subject to these
conditions:
1. Prior to approval of a final site plan for the site or the waiver of the
site plan requirement, the permittee shall execute a letter of intent
stating that it will make a good faith effort to allow such location
and will negotiate in good faith with such other provider requesting
to locate on the tower or the site;
2. The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County;
[The use of this facility by additional telecommunication providers will require amendment of
this special use permit. The presence of this condition in no way implies approval of
additional uses for this facility or this property.]
2
Page 3
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 feature. For purposes of this condition, a "luminaire" is a complete
lighting unit consisting of a lamp or lamps together with the parts designed to
distribute the light, to position and protect the lamps, and to connect the lamps to
the power supply. Outdoor lighting shall only be on during periods of
maintenance;
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. Access road improvements shall be limited to drainage improvements and minimal
grading necessary to improve the travel surface and the application of gravel.
Should installation of the tower require provision of greater access improvements,
these improvements shall be removed or reduced after installation is completed;
10. The regular service interval shall be as indicated by the applicant and described
herein, except as necessary for repair and restoration of service;
11. The tower shall be disassembled and removed from the site within ninety(90) days
of the date its use for wireless communications purposes is discontinued;
12. The permittee shall submit a report to the zoning administrator once per year, by
not later than July 1 of that year. The report shall identify each user of the tower
and shall identify each user that is a wireless telecommunications service provider;
15. No slopes associated with construction of the tower and accessory uses shall be
created that are steeper than 2:1 unless retaining walls, revetments, or other
stabilization measures acceptable to the County Engineer are employed.
3
Page 4
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on June 9, 1999. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Supervisors at least
seven days prior to your scheduled hearing date.
The Commission also approved a waiver of the drawing of a site plan in accord with the
provisions of Section 32.2 subject to the following conditions:
1. Should the area of disturbance exceed 10,000 square feet (including the access
road), an erosion and sediment control plan shall be approved prior to the issuance
of a building permit;
2. Provision of one parking space;
3. Issuance of Certificate of Appropriateness prior to final zoning approval.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Susan E. Thomas
Senior Planner
SET/jcf
Cc: Ella Carey Amelia McCulley
Jack Kelsey Steve Allshouse
4