HomeMy WebLinkAboutSDP201500033 Application 2015-06-22Department
1, Albemarle County
communadottee
ille.V 22902-4696i441htclntirweoadGhariottesviHe,VA229KI'1 4596
Vaic )296-5832 Fax:(434)972-4126
Planning Application 1%4110*
PARCEL/ OWNER INFORMATION
TMP O6100-OO-OO-153A1 Owner(s): RELIGIOUS CONGREGATION-FIRST ASSEMBLY OF GOD C/O RI
Application# SDP2 15 003,.3
PROPERTY INFORMATION
Legal Description I AMEACE A&B
Magisterial Dist.i Rio Land Use Primary Public
Current AFD Not in A/F District ij Current Zoning Primary R4 Residential
APPLICATION INFORMATION
Street Address 1010 RIO RD E CHARLOTTESVILLE,22901 Entered By
Emily Lantz
Application Type Site Development Plans 6/23/2015
Project Greenbrier Park/City Church Property PV/SF
Received Date 06/22/x15 Received Date Final Submittal Date 06/22/15 Total Fees 2020
Closing File Date Submittal Date Final Total Paid 2020
Revision Number
Comments
Legal Ad
SUB APPLICATION(s)
Type Std A;plicatio Camrnent
Person Iii(tj x/22/15 '
APPLICANT /CONTACT INFORMATION
Contac3Type Name mess CityState Zip Pie 1 Phi neCell
dviseomipticiarit,tSti S% h11GA ON-IIRS too no RDE CHiF LarTE54141. ;23341-
Primary C STEPHEN WALLER 536 PANTOPS CENTER CHARLOTTESVILL 22911 4348250617 .
w
Signature of Contractor or Authorized Agent Date
FOR OFFICESE ONLY Applic tion# SIGN#(if a
Fee Amount$ I'ao Date Paid Co ria —By who? Ll u%der ei cil\M Receipt# 10039k# (LY1-3 by:
ZONING ORDINANCE SECTION 4\SG t s 1 V.
2-O .c)-
Application for
1063-11 16I
Personal Wireless Service Facility 46,
IMPORTANT: Your application is considered INCOMPLETE until all of the information on the
Required Application Content Checklist on pages 2 thru 6 has been submitted and the appropriate fee has been submitted.
See page 11 for the appropriate fee(s)related to your application). Staff will assist you with these items.
PROJECT NAME:(how should we refer to this application?): Verizon Wireles- "Greenbrier Park"/City Church Property
PROPOSAL: Tier I Tier II ® Tier III 0 Building Permit after Tier II or Tier III approval 0
EXISTING COMP PLAN LAND USE/DENSITY:
LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT:
1010 Rio Road East-South Side of Rio Road,just east of railroad and 1/5-mile northwest of John Warner Parkway
TAX MAP PARCEL(s): 06100-00-00153A1
ZONING DISTRICT: R4-Residential
OF ACRES TO BE COVERED BY SPECIAL USE PERMIT(if a portion it must be delineated on a plat): 4.23 ac/1,200 s.f
YES m NO
Is this an amendment to an existing Special Use Permit?If Yes provide that SP Number.
YES m NO
Are you submitting a Special Exception to modify or waive certain requirements with this application?
If YES,provide the modifications
YES ®NO
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:
Applicant (who should we contact about this project):Verizon Wireless-C/O Stephen Waller,AICP
Street Address 536 Pantops Center- PMB#405
City Charlottesville State Virginia Zip Code 22911
Phone Number 434-825-0617
Email stephen.waller@gdnsites.com
Owner of Record Religious Congregation- First Assembly of God -C/O Rev. Garland R. Thomas
Street Address 1010 East Rio Road
City Charlottesville State Virginia Zip Code 22901-1803
Phone Number
Email
Contractor (Building Permits and Tier I only) To be determined
Street Address
City State Zip Code
Phone Number
Email
Work Value$
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126
www.albemarle.org
REVISED 06/02/2015 Page 1 of 11
Personal Wireless Service Facility Application
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1. Application form and signatures. A completed application form,signed by the parcel owner,the parcel X X X
owner's agent or the contract purchaser,and the proposed facility's owner.If the owner's agent signs the
application,he shall also submit written evidence of the existence and scope of the agency.If the contract
purchaser signs the application,he shall also submit the owner's written consent to the application.
2. Plat or survey of the parcel. A recorded plat or recorded boundary survey of the parcel on which the facility X X X
will be located;provided,if neither a recorded plat nor boundary survey exists,a copy of the legal
description of the parcel and the Albemarle County Circuit Court deed book and page number.
3. Ownership. The identity of the owner of the parcel and,if the owner is other than a real person,the complete X X X 0
legal name of the entity,a description of the type of entity,and written documentation that the person
signing on behalf of the entity is authorized to do so.
4. Plans and supporting drawings, calculations, and documentation. Except where the facility will be located
entirely within an eligible support structure or an existing building,a scaled plan and a scaled elevation
view and other supporting drawings,calculations,and other documentation required by the agent,signed
and sealed by an appropriate licensed professional.The plans and supporting drawings,calculations,and
documentation shall show:
a) Existing and proposed improvements. The location and dimensions of all existing and proposed X X X
improvements on the parcel including access roads and structures,the location and dimensions of
significant natural features,and the maximum height above ground of the facility(also identified in
height above sea level).
b) Elevation and coordinates. The benchmarks and datum used for elevations shall coincide with the X X X Q
State Plane VA South US Survey Feet based on the North American Datum of 1983 (NAD 83),and
the benchmarks shall be acceptable to the county engineer.
c) Design. The design of the facility,including the specific type of support structure and the design,type, X X X
location,size,height,and configuration of all existing and proposed antennas and other equipment.
d) Color. Identification of each paint color on the facility,by manufacturer color name and color number.
A paint chip or sample shall be provided for each color. X X X m
e) Topography. Except where the facility would be attached to an eligible support structure or an existing
building,the topography within two thousand(2,000)feet of the proposed facility,in contour intervals X X rz
not to exceed ten(10)feet for all lands within Albemarle County and,in contour intervals shown on
United States Geological Survey topographic survey maps or the best topographic data available,for
lands not within Albemarle County.
f) Trees.The caliper and species of all trees where the dripline is located within fifty(50)feet of the X X X 1-71
facility.The height,caliper,and species of any tree that the applicant is relying on to provide screening
of the monopole or tower.The height,caliper and species of the reference tree.The caliper and species
of all trees that will be adversely impacted or removed during installation or maintenance of the
facility shall be noted,regardless of their distances to the facility.
g) Setbacks,parking,fencing, and landscaping. All existing and proposed setbacks,parking,fencing,and X X X
landscaping.
h) Location of accessways. The location of all existing vehicular accessways and the location and design X X X
of all proposed vehicular accessways.
i) Location of certain structures and district boundaries. Except where the facility would be attached to X X X 611
an eligible support structure or an existing building,residential and commercial structures,and
residential and rural areas district boundaries.
j) Proximity to airports. If the proposed monopole or tower will be taller than one hundred fifty(150) X X
feet,the proximity of the facility to commercial and private airports.
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Personal Wireless Service Facility Application
5. Photographs. Photographs of the location of the proposed monopole or tower shall be provided that include, X X
for applications for Tier II facilities,the reference tree,and for applications for Tier III facilities,the area
within fifty(50)feet of the proposed monopole or tower.These photographs shall include reference points
to enable the lease area,the vehicular access,the trees that will remain,and the trees that will be removed,
to be identified. In addition,photographs,where possible,or perspective drawings of the facility site and all
existing facilities within two hundred(200)feet of the site,if any,and the area surrounding the site.
6. Balloon tests. For any proposed monopole or tower,photographs taken of a balloon test,which shall be
conducted,if requested by the agent,as follows:
a) Scheduling. The applicant shall contact the agent within ten(10)days after the date the application was X X W]
submitted to schedule a date and time when the balloon test will be conducted. The test shall be
conducted within forty(40)days after the date the application was submitted,and the applicant shall
provide the agent with at least seven(7)days prior notice;provided that this deadline may be extended
due to inclement weather or by the agreement of the applicant and the agent.
b) Marking key boundaries and locations. Prior to the balloon test,the locations of the access road,the
lease area,the tower site,the reference tree,and the tallest tree within twenty five(25)feet of the X X WI
proposed monopole shall be surveyed and staked or flagged in the field.
c) Balloon height. The test shall consist of raising one or more balloons from the facility site to a height
equal to the proposed facility. X X WI
d) Balloon color or material. The balloons shall be of a color or material that provides maximum
visibility.X X
e) Photographing balloon test. The photographs of the balloon test shall be taken from the nearest
residence and from appropriate locations on abutting properties,along each publicly used road from X X wiwhichtheballoonisvisible,and other properties and locations as deemed appropriate by the agent.
The applicant shall identify the camera type,film size,and focal length of the lens for each
photograph.
7. Additions of antennas. If antennas are proposed to be added to an eligible support structure or an existing X X X
building,all existing antennas and other equipment on the structure,building,or facility,as well as all
ground equipment,shall be identified by owner,type,and size.The method(s)by which the antennas will be
attached to the mounting structure shall be depicted.
8. Site under conservation or open space easement. If the proposed facility would be located on lands subject X X LI
to a conservation easement or an open space easement,a copy of the recorded deed of easement and the
express written consent of all easement holders to the proposed facility.
9. Photographic simulations.At the request of the agent,photographic simulations of the proposed facility. X X
12. Special exception. If the proposed facility does not comply with any provision of section 5.1.40,the X X X
applicant shall request a special exception in writing as part of the application.The request shall identify
which regulation in section 5.1.40 for the special exception is requested and a justification for the special
exception.
REVISED 06/02/15 Page 3 of 11
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Personal Wireless Service Facility Application
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1. General design. The facility shall be designed,installed,and maintained as follows:
a) Guy wires.Guy wires are prohibited. X X X
b) Outdoor lighting.Outdoor lighting for the facility shall be permitted only during maintenance periods; X X X
regardless of the lumens emitted,each outdoor luminaire shall be fully shielded as required by section
4.17;provided that these restrictions shall not apply to any outdoor lighting required by federal law.
c) Ground equipment.Any ground equipment shelter not located within an eligible supportstructure or an
existing building shall be screened from all lot lines either by terrain,existing structures,existing X X X
vegetation,or by added vegetation approved by the agent.
d) Whip antenna.A whip antenna less than six(6)inches in diameter may exceed the height of the
facility,the eligible support structure,or the existing building.X X X z
e) Grounding rod.A grounding rod,whose height shall not exceed two(2)feet and whose width shall
not exceed one(1)inch in diameter at the base and tapering to a point,may be installed at the top of X X X wthefacility,the eligible support structure,or the existing building.
2. Antennas and associated equipment. Antennas and associated equipment that are not entirely within a X X X
proposed facility,an eligible support structure,or an existing building shall be subject to the following:
a) Number of arrays.The total number of arrays of antennas shall not exceed three(3).All types of X X X
antennas and dishes,regardless of their use,shall be counted toward the limit of three arrays.
b) Size.Each antenna proposed under the pending application shall not exceed the size shown on the X X X WIapplication,which size shall not exceed one thousand one hundred fifty two(1152)square inches.
c) Projection.No antenna shall project from the facility,structure or building beyond the minimum
required by the mounting equipment,and in no case shall any point on the face of an antenna project X X X 66morethantwelve(12)inches from the facility,structure,or building;and
d) Color.Each antenna and associated equipment shall be a color that matches the facility,structure,or
building. X X X
3. Tree conservation plan;content. Before the building official issues a building permit for the facility,the X X X El
applicant shall submit a tree conservation plan prepared by a certified arborist.The plan shall be submitted
to the agent for review and approval to ensure that all applicable requirements have been satisfied.The plan
shall specify tree protection methods and procedures,identify all existing trees to be removed on the parcel
for the installation,operation and maintenance of the facility,and identify all dead and dying trees that are
recommended to be removed.In approving the plan,the agent may identify additional trees or lands up to
two hundred(200)feet from the lease area to be included in the plan.
4. Creation of slopes steeper than 2.1. No slopes associated with the installation of the facility and its X X X
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.
5. Ground equipment shelter;fencing. Any ground equipment shelter not located within an existing building X X X
shall be fenced only with the approval of the agent upon finding that the fence:(i)would protect the facility
from trespass in areas of high volumes of vehicular or pedestrian traffic or,in the rural areas,to protect the
facility from livestock or wildlife;(ii)would not be detrimental to the character of the area;and(iii)would
not be detrimental to the public health,safety or general welfare.
REVISED 06/02/15 Page 4 of 11
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Personal Wireless Service Facility Application
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6. Screening and siting to minimize visibility. The site shall provide adequate opportunities screening and X X
the facility shall be sited to minimize its visibility from adjacent parcels and streets,regardless of their
distance from the facility.The facilityalso shall be sited to minimize its visibility from any entrance corridor
overlay district,state scenic river,national park,or national forest,regardless of whether the site is adjacent
to the district,river,park or forest. If the facility would be located on lands subject to a conservation
easement or an open space easement,or adjacent to a conservation easement or open space easement,the
facility shall be sited so that it is not visible from any resources specifically identified for protection in the
121
deed of easement.
7. Open space plan resources. The facility shall not adversely impact resources identified in the natural resource X X
chapter of the county's comprehensive plan and the parks and green systems chapters in any county master
plan.
8. Horizontal separation of multiple facilities. The facility shall not be located so that it and three(3)or more X1-311
existing or approved personal wireless service facilities would be within an area comprised of a circle
centered anywhere on the ground having a radius of two hundred(200)feet.
9. Diameter of.monopole. The maximum base diameter of the monopole shall be thirty(30)inches and the X WI
maximum diameter at the top of the monopole shall be eighteen(I 8)inches.
10. Height of monopole. The top of the monopole,measured in elevation above mean sea level,shall not be X IZI
more than ten(10)feet taller than the tallest tree within twenty-five(25)feet of the monopole,and shall
include any base,foundation or grading that raises the monopole above the pre-existing natural ground
elevation.
11. Color of monopole, antennas, and equipment. Each monopole shall be a dark brown natural or painted X X [
wood color that blends into the surrounding trees.The antennas,supporting brackets,and all other
equipment attached to the monopole shall be a color that closely matches that of the monopole.The ground
equipment,the ground equipment shelter,and the concrete pad shall also be a color that closely matches
that of the monopole,provided that the ground equipment and the concrete pad need not closely match the
color of the monopole if they are enclosed within a ground equipment shelter or within or behind an
approved structure,façade or fencing that:(i)is a color that closely matches that of the monopole;(ii)is
consistent with the character of the area;and(iii)makes the ground equipment,ground equipment shelter,
and the concrete pad invisible at any time of year from any other parcel or a public or private street.
12. Placement of cables, wiring, and similar attachments. Each wood or concrete monopole shall be X
constructed so that all cables,wiring,and similar attachments that run vertically from the ground
equipment to the antennas are placed on the monopole to face the interior of the site and away from
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view,as determined by the agent.Metal monopoles shall be constructed so that vertical cables,wiring,and
similar attachments are contained within the monopole's structure.
13. Special use permit conditions.All conditions of approval of a special use permit. X 111
REVISED 06/02/15 Page 5 of 11
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Personal Wireless Service Facility Application
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2. Vehicular access. Vehicular access to the facility site or tower site shall be subject to the requirements of XX X WIsection4.2 and shall not be exempt under section 4.2.6(c).
3. Setbacks. Notwithstanding section 4.10.3.1(b),the agent may authorize a facility to be located closer in X X X
distance than the height of the tower or other mounting structure to any lot line if the applicant obtains an
easement or other recordable document showing agreement between the lot owners,acceptable to the county
attorney as to addressing development on the part of the abutting parcel sharing the common lot line that is
within the monopole or tower's fall zone.If the right-of-way for a public street is within the fall zone,the
Virginia Department of Transportation shall be included in the staff review,in lieu of recording an easement
or other document.
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1. Building ermit application;submittingcertification of monopole height and revised plans. The following X
shall be submitted with the building permit application:(i)certification by a registered surveyor stating the
height of the reference tree that is used to determine the permissible height of the monopole;and(ii)a final
revised set of plans for the construction of the facility.The agent shall review the surveyor's certificate and
the plans to ensure that all applicable requirements have been satisfied.
Work Value $
2. Tree conservation plan; compliance; amendment. The installation,operation,and maintenance of the X X X
facility shall be conducted in accordance with the tree conservation plan.The applicant shall not remove
existing trees within the lease area or within one hundred(100)feet in all directions surrounding the lease
area of any part of the facility except for those trees identified on the plan to be removed for the installation,
operation,and maintenance of the facility and dead and dying trees.Before the applicant removes any tree
not designated for removal on the approved plan,the applicant shall submit and obtain approval of an
amended plan.The agent may approve the amended plan if the proposed tree removal will not adversely
affect the visibility of the facility from any location off of the parcel.The agent may impose reasonable
conditions to ensure that the purposes of this paragraph are achieved.
3. Completion of installation;submitting certifications of compliance. Within thirty(30)days after completion XX X
of the installation of the facility,the applicant shall provide to the agent prior to issuance of a certificate of
occupancy:(i)certification by a registered surveyor stating the height of the tower or monopole,measured
both in feet above ground level and in elevation above mean sea level,using the benchmarks or reference
datum identified in the application;and(ii)certification stating that the lightning rod's height does not
exceed two(2)feet above the top of the tower or monopole and its width does not exceed a diameter of one
1)inch.
4. Discontinuance of use;notice thereof;removal;surety. Within thirty(30)days after a tower or monopole's X X X 6/1useforpersonalwirelessserviceoranyservicefacilitatedbytransmissionequipmentisdiscontinued,the
owner of the facility shall notify the zoning administrator in writing that the facility's use has discontinued.
The facility and any transmission equipment shall be disassembled and removed from the facility site within
ninety(90)days after the date its use for personal wireless service or any service facilitated by transmission
equipment is discontinued. If the agent determines at any time that surety is required to guarantee that the
facility will be removed as required,the agent may require that the parcel owner or the owner of the facility
submit a certified check,a bond with surety,or a letter of credit,in an amount sufficient for,and conditioned
upon,the removal of the facility.The type and form of the surety guarantee shall be to the satisfaction of the
agent and the county attorney. In determining whether surety should be required,the agent shall consider the
following:(i)whether there is a change in technology that makes it likely that the monopole or tower will be
unnecessary in the near future; (ii)the permittee fails to comply with applicable regulations or conditions;
iii)the permittee fails to timely remove another monopole or tower within the county;and(iv)whenever
otherwise deemed necessary by the agent.
REVISED 06/02/15 Page 6 of 11
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Personal Wireless Service Facility Application
Criteria for Special Exception to modify or waive requirements
If an applicant proposes to submit less information than required or request a modification or waiver of any design criteria the request for
modification or waiver must be received at the time the application is filed or the application shall be deemed incomplete. In requesting a
modification or waiver the applicant shall provide information to allow the Board of Supervisors to find:
1. That complying with the provisions of the Zoning Ordinance would not forward the purposes of the Zoning Ordinance or
otherwise serve the public health,safety,or welfare or;
2. That a modified regulation would satisfy the purposes of the Zoning Ordinance to at least an equivalent degree as the specified
requirement.
Definitions associated with Personal Wireless Service Facilities
Antenna array:An orderly arrangement of antennas mounted at the same height on a tower or other structure and intended to transmit a
signal providing coverage over a specific area for a single provider of personal wireless services.
Avoidance area:An area having significant resources where the initial siting of personal wireless service facilities could result in adverse
impacts as follows:(i)any ridge area where a personal wireless service facility would be skylighted;(ii)a parcel within an agricultural
and forestal district;(iii)a parcel within a historic district;(iv)any location in which the proposed personal wireless service facility and
three(3)or more existing or approved personal wireless service facilities would be within an area comprised of a circle centered
anywhere on the ground having a radius of two hundred(200)feet;or(v)any location within two hundred(200)feet of any state scenichighwayorby-way.
Base station:A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized
wireless communications between user equipment and a communications network.
1. Services to which the term applies.The term includes,but is not limited to,equipment associated with wireless communications
services such as private,broadcast,and public safety services,as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul.
2. Equipment to which the term applies and does not apply.The term includes,but is not limited to,radio transceivers,antennas,
coaxial,or fiber optic cable,regular and backup power supplies,and comparable equipment,regardless of technological
configuration,including distributed antenna systems and small-cell networks.The term does not include any equipment
associated with a tower.
3. Structures to which the term applies and does not apply.The term includes any structure,other than a tower,that,at the time the
relevant application is filed with the county,supports or houses equipment described in paragraphs(1)and(2)of this definition
that has been reviewed and approved under section 5.1.40 or the applicable zoning process in effect prior to October 13,2004.
The term does not include:(i)a tower as defined in this section;and(ii)any structure that,at the time the relevant application is
filed with the county under section 5.1,40,does not support or house equipment described in paragraphs(1)and(2)of this
definition.
Collocation:The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting
and/or receiving radio frequency signals for communications purposes.
Collocation, exempt:A collocation that would not result in a substantial change in the physical dimensions of an eligible support
structure.
Concealment elements of the eligible support structure:Any condition of approval,including any applicable requirement of section 5.1.40
in effect at the time of approval,established and imposed on the personal wireless service facility as a concealment technique and which
includes conditions or regulations pertaining to antenna size,color of the structure and all equipment,antenna mounting techniques,
including the requirement that antennas be flush mounted,maximum tower diameters at the base and top,limitations on tower height
relative to a reference tree,screening by trees including the restrictions on removing trees that are screening the tower,siting towers so
that they are not skylighted,requirements as to how cables should be located on a tower,and the size,location,design,and screening forgroundbasedequipment.
Eligible support structure: Any tower or base station,provided that it is existing at the time the relevant application is filed with the
County.
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Personal Wireless Service Facility Application
Existing building:As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities,a building that was
lawfully constructed or established and complies with the minimum applicable bulk,height,setback,floor area,and other structure
requirements of the district in which the building is located.
Existing structure:As used in section 5.1.40 a structure,other than a flagpole or an existing tower,that was lawfully constructed or
established and complies with the minimum applicable bulk,height,setback,floor area or other structure requirements of the district in
which the structure is located.
Existing tower or existing base station: As referred to in the definition of"eligible support structure,"a constructed tower or base station
that has been reviewed and approved under the applicable zoning process,provided that a tower that has not been reviewed and approved
because it was not required to be reviewed when it was built,but was lawfully constructed,is existing for purposes of this definition.
Fall zone: A zone on the surface of the ground that is a circle whose center is the proposed or standing personal wireless service facilityorsmallwindturbine(the"facility or turbine"),where the radius is measured from the outer surface of the facility's or turbine's pole or
other vertical structure immediately above its foundation,and where the radius is:(i)for facilities,equal to the height of the facility;andii)for turbines,equal to the height of the turbine plus a distance of twenty(20)feet.
Mobile personal wireless service facility: A portable self-contained personal wireless service facility site that can be moved to a location
and set up to provide personal wireless services on a temporary or emergency basis.
Personal wireless services: Commercial mobile services,unlicensed wireless services,common carrier wireless exchange access services,
as those services are defined by federal law and,for the purposes of this chapter,unlicensed wireless broadband internet access services.
Personal wireless service facility: A facility for the provision of personal wireless services,which may be composed of antennas,cables,
wiring,supporting brackets and other structural equipment,grounding rods,transmission equipment,one or more ground equipment
shelters,and a self-supporting monopole or tower.
Reference tree: A tree designated for determining the top height of a treetop facility's monopole mounting structure.This may either be
the tallest tree within twenty five(25)feet of the proposed monopole or a shorter tree that has been strategically identified for screening
and camouflaging purposes.(Added 10-13-04)
Replacement:As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities,the replacement of
transmission equipment of the same or lesser size in the same location as the equipment being replaced on an eligible support structure.
Replacement, exempt: A replacement that would not result in a substantial change in the physical dimensions of the eligible support
structure.
Ridge area:All land within one hundred(100)vertical feet of,and including,the ridgeline and peaks of a mountain or chain of
mountains,as identified on a ridge area map approved by the board of supervisors.
Ridgeline:The uppermost line created by connecting the peaks of a mountain or chain of mountains,and from which land declines in
elevation on at least two(2)sides,as identified on a ridge area map approved by the board of supervisors.
Skylight:Locating a personal wireless service facility in such a way that the sky is the backdrop of any portion of the facility.Skylight has
the same meaning as"skylining,"as that term is used in the wireless policy.
Substantial change:A modification to an eligible support structure that meets one or more of the following criteria:
1.Increase in height.For towers other than towers in the public rights-of-way,the modification increases the height of the tower bymorethantenpercent(10%)or by the height of one additional antenna array with separation from the nearest existing antenna
not to exceed twenty(20)feet,whichever is greater;for other eligible support structures,the modification increases the height of
the structure by more than ten percent(10%)or more than ten(10)feet,whichever is greater.Changes in height shall be
measured from the original support structure in cases where deployments are or will be separated horizontally,such as on
buildings'rooftops; in other circumstances,changes in height should be measured from the dimensions of the tower or base
station,inclusive of originally approved appurtenances and any modifications that were approved prior to February 22,2012.
2. Increase in width.For towers other than towers in the public rights-of-way,the modification involves adding an appurtenance to
the body of the tower that would protrude from the edge of the tower more than twenty(20)feet,or more than the width of the
tower structure at the level of the appurtenance,whichever is greater;for other eligible support structures,the modification
involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six6)feet.
REVISED 06/02/15 Page 8 of 11
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Personal Wireless Service Facility Application
3. Excessive equipment cabinets.For any eligible support structure,the modification involves installation of more than the standard
number of new equipment cabinets for the technology involved,but not to exceed four(4)cabinets;or,for towers in the public
rights-of-way and base stations,the modification involves installation of any new equipment cabinets on the ground if there are
no pre-existing ground cabinets associated with the structure,or else involves installation of ground cabinets that are more than
ten percent(10%)larger in height or overall volume than any other ground cabinets associated with the structure.
4. Expands tower site.The modification entails any excavation or deployment outside the current site.
5. Defeats concealment elements.The modification would defeat the concealment elements of the eligible support structure.
6. Does not comply with conditions of approval.The modification does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support structure or base station equipment;provided that this
limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds
identified in paragraphs(1)through(4)of this definition.
Tier I personal wireless service facility or Tier I facility: A personal wireless service facility that:(i)is located entirely within an existing
building but which may include a self-contained ground equipment shelter not exceeding one hundred fifty(150)square feet that is not
within the building or a whip antenna that satisfies the requirements of subsection 5.1.40(b)(I)(d);(ii)consists of one or more antennas,
other than a microwave dish,attached to an existing structure,together with associated personal wireless service equipment;(iii)is
located within or camouflaged by an addition to an existing structure determined by the agent to be in character with the structure and the
surrounding district;or(iv)is the replacement of a wooden monopole with a metal monopole that does not exceed the maximum
dimensions permitted under subsection 5.1.40(b)(9).
Tier II personal wireless service facility or Tier IIfacility:A personal wireless service facility that is a treetop facility not located within
an avoidance area.
Tier III personal wireless service facility or Tier IIIfacility:A personal wireless service facility that is neither a Tier I nor a Tier II
facility,including a facility that was not approved by the commission or the board of supervisors as a Tier II facility.
Tower: As referred to in the definition of"eligible support structure"and"existing tower or base station,"any structure built for the sole
or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated
facilities,including structures that are constructed for wireless communications services including,but not limited to,private,broadcast,
and public safety services,as well as unlicensed wireless services and fixed wireless services such as microwave backhaul,and the
associated tower site.
Tower site:As referred to in the definitions of"substantial change"and"tower"and as used in section 5.1.40,for towers other than
towers in the public rights-of-way,the current boundaries of the leased or owned property surrounding the tower and any access or utility
easements currently related to the site,and,for other eligible support structures,further restricted to that area in proximity to the structure
and to other transmission equipment already deployed on the ground.
Transmission equipment: As used in section 5.1.40,equipment that facilitates transmission for any Federal Communications Commission
licensed or authorized wireless communication service,including,but not limited to,radio transceivers,antennas,coaxial or fiber-optic
cable,and regular and backup power supply.The term includes equipment associated with wireless communications services,including,but not limited to,private,broadcast,and public safety services,as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
Treetop facility:A personal wireless service facility consisting of a self-supporting monopole having a single shaft of wood,metal or
concrete no more than ten(10)feet taller than the crown of the tallest tree within twenty-five(25)feet of the monopole,measured above
sea level(ASL),and includes associated antennas,mounting structures,an equipment cabinet and other essential personal wireless service
equipment.
REVISED 06/02/15 Page 9 of 11
Nome yew,
Personal Wireless Service Facility Application
TIER I, II, and III Building Permit & or Site Plan APPLICATIONS
If this is a Tier I application requiring a building permit,the permit becomes null and void if work or construction authorized is not
commenced within 6 months,or if construction or work is suspended or abandoned for a period of 6 months at any time after work is
commenced.
I hereby certify that I have read and examined this application and know the same to be true and correct.All provisions of laws and
ordinances governing this type of work will be complied with whether specified herein or not.The granting of a permit does not presume
to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of
construction.
By signing this application,the owner and/or their agent hereby grant employees of the Albemarle County Community Development&
Real Estate Departments the right to enter and inspect the subject property Monday through Friday between the hours of 8:00 a.m.and
5:00 p.m.,holidays excepted.
By signing this application I certify that the information provided on this application and on supporting documents is correct and accurate
to the best of my knowledge. I also consent and understand that providing incorrect and inaccurate information about the nature of this
application renders this application incomplete and it shall have be deemed to have not been officially submitted.
Please check which applies:
I certify that I am the agent for Verizon Wireless(recorded leasehold for PWSF) who is the Owner,and I am
authorized to submit this application on behalf of the Owner under the agency.
I am neither the Owner nor the Owner's agent.I certify that written notice of this application,by providing a copy of this
application,will be mailed to the Owner at the following address:
within 10 days of today's date as required by Virginia Code§15.2-2204(H). I understand that,if I do not provide the notice to the Owner
as provided herein,the building permit application and every other subsequent approval,permit or certificate related thereto could be
determined to be void.
I certify that I am the owner.
Signature of Owner,Contractor,or Authorized Agent Date
ELECTRONIC RECORDS STATEMENT:Albemarle County is creating and using electronic records and electronic signatures as
allowed by the Uniform Electronic Transactions Act(Virginia Code § 59.1-479 et.Seq.).As an applicant to the Building Permit process,
you may consent to receive,or have online access to,electronic records and receive and create records having electronic signatures related
to Building Permits,Correspondence,Inspection Tickets and Certificates of Occupancy(the Building Permit transactions).
SBW 6/22/15
Initials of Owner,Contractor or Authorized Agent Date
Your agreement to conduct Building Permit transactions by electronic means does not prevent you from refusing to conduct other
transactions by electronic means.
TIER III Special Use Permit APPLICATIONS
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 on this application and accompanying information is accurate,true,and correct to
the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications
regarding this application being provided to me or my designated contact via fax and or email.This consent does not
preclude such written communication from also being sent via first class mail.
June 22, 2015
Sign ure of Owner/Agenter/Agent Date
Stephen Waller,AICP 434-825-0617
Print Name Daytime phone number of Signatory
REVISED 06/02/15 Page 10 of 11
Personal Wireless Service Facility Application
Required FEES to be paid at time of application:
What type ofPersonal Wireless Service Facility are you applying for?
Tier I Facility 106.50
Tier II Facilities—Site Plan 1,820
Tier III Facilities—Special Use Permit 2,000
Amend existing Special Use Permit 1,000
Special Exception for relief from conditions of approval;modification or waiver of requirements $425
Notification Requirement for Tier II and Tier III for up to 50 notices 200
Notification Requirement for Tier II and Tier III for each notice over 50 notices* 1 plus the cost of postage
Published notice cost for Tier III Facilities ** Cost is based on a cost
quote from the publisher.
Building Permit after Tier II or Tier Ill approval 106.50
This fee is not collected at the time of initial submittal. This fee, if any, will be calculated by staff and the applicant will be notified
of the fee amount and the deadline for payment. If the fee is not submitted by the deadline the applicant shall be deemed incomplete.
To be paid after staff review for public notice:
Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public
hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal
advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice
are required before a Special Use Permit may be heard by the Board of Supervisors.
The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the
application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be
between$350 and$450 per hearing. This estimate reflects the average cost ofpublic notice fees for Special Use Permit
applications, but the cost of certain applications may be higher.
Other FEES that may apply:
Y Deferral of scheduled sublic hearin:at al,licant's rec uest 180
SIMIXISSIV
Resubmittal fees for Tier III Facilities
Y First resubmission FREE
y Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) 1,000
y Each additional resubmission of an amendment to an existing SP(TO BE PAID WHEN THE RESUBMISSION $500
IS MADE TO INTAKE STAFF)
REVISED 06/02/15 Page 11 of 11
11017123211-wireless
Implementation/Construction— Virginia
1831 Rady Ct.,Richmond, VA 23222
May 22,2012
TO: Erica Castillo
Albemarle County Attorney's Office
401 McIntire Road
Charlottesville,Virginia 22902
RE:Verizon Wireless Project-Albemarle County Land Use and Zoning Permits
Dear Ms.Castillo:
The purpose of this letter is to provide you with a brief statement of Stephen Waller's role in Verizon Wireless'
project in the Charlottesville Market. Stephen is a consultant that Verizon Wireless has designated as theconsultingZoningManagerformanyofourantennasitestheCountyofAlbemarle. In this capacity he isresponsibleforfilingthevarioustypesoflanduseapplicationsthatarerequiredbyCountyOrdinancesand
maintaining contact with County staff throughout their reviews of these applications.
Please do not hesitate to contact me if you should have any questions regarding Stephen's authority to act on behalfofVerizonWireless.
Sincerely,
Marshall Pearsall
Implementation Manager
Verizon Wireless
marshal I.pearsal l@verizonwireless.cor
VERIZON WIRELESS- "GREENBRIER PARK" (CITY CHURCH)
TIER II PERSONAL WIRELESS SERVICE FACILITY
Project Description/ Request:
Cellco Partnership, operating as Verizon Wireless, respectfully requests approval of a Tier II
Personal Wireless Service Facility(PWSF), with a 71-foot tall monopole to be located on a parcel
with the address of 1010 East Rio Road, and identified as Tax Map 61 - Parcel 153A1 (the
Property"). This proposal will also include the installation of a 105 square foot steel, grated
platform, housing radio transmitter and backup battery cabinets and a utility H-frame stand
with other power and communications components, along with an emergency back-up power
generator on a 32 square foot concrete pad. The proposed PWSF will be contained within a
1,200 square foot lease area located in the rear of the Property with an elevation of
approximately 451.25 feet Above Mean Sea Level (AMSL). The monopole, antennas, and base
station equipment will all be painted with Sherwin Williams Java Brown - #6090, which is a
matte enamel color that has been previously approved as an appropriate color for many other
Treetop" Personal Wireless Service Facility sites throughout Albemarle County.
Network Objectives:
Verizon Wireless is licensed by the Federal Communications Commission (FCC) to provide
various types of state-of-the-art wireless communications services within Albemarle County.
These are comprised of Cellular (CDMA / 800 MHz), PCS (Personal Communication Service /
1900 MHz), the Long Term Evolution 4G Network (LTE / 700 MHz) and Advanced Wireless
Service (AWS / 2100 MHz) technologies combined for a wide range of services which are used
for mobile voice, data, video and text messaging among other services.
Whenever possible, it is Verizon Wireless' goal to provide seamless in-building, in-car and on-
street coverage and the full range of voice and data services to existing as well as potential
future customers. In doing so, Verizon Wireless has identified this particular area as needing
expanded coverage into the growing residential neighborhoods on the northern side of Rio
Road East. Additionally, the proposed facility will help to increase network capacity by
offloading the increased demands for the company's voice and data services that are currently
being provided by the two nearest, neighboring sites: "Melbourne" (co-location on the guyed
tower near the intersection of Melbourne Road and Rio Road / Park Street) and "Rio Road" (co-
location on the monopole tower just north of Fashion Square Mall).
Character of the Area:
This subject parcel is triangular in shape and it consists of 4.23 acres located in the Rio
Magisterial District, just west of where Rio Road East crosses over the Norfolk Southern
Railway. This property, which is zoned R4 - Residential (RA), currently contains a church, a
mobile unit for classrooms and a small storage building. Adjacent properties directly to the
northeast along Rio Road are zoned CO - Commercial Office (Covenant Church) and R4 (single-
family dwellings) respectively. The adjacent parcel to the south shares the same R4 zoning
designation and is the site of the Charlottesville Technical Education Center (CATEC). Properties
to the west of this site, with rear yards adjacent the Norfolk Southern Railway are all located
within the City of Charlottesville's Greenbrier Neighborhood and R-1, Residential Zone.
Verizon Wireless PWSF Page 1 Greenbrier Park(City Church)
Access to the proposed PWSF will be provided from the southern side of Rio Road East (State
Route 631) using the church's existing parking lot and will be extended through the grass
around the southern end and into the wooded area behind the existing mobile classroom
where the facility will be located. The proposed monopole will be located approximately 65
feet from the nearest boundary line shared with the railroad right-of-way, 73 feet from the
CATEC property line (Tax Map 61 - Parcel 153) and approximately 400 feet from the right-of-
way for Rio Road East. The nearest off-site dwelling is located approximately 230 feet
northeast of this site and identified as Parcel ID #43C001600 in the City of Charlottesville's
property records.
Compliance with Section 5.1.40 of the Albemarle County Zoning Ordinance
Section 5.1.40(b) - Development Requirements for Tier II Personal Wireless Service Facilities
Items 1 - 12):
1. General design:The facility shall be designed, installed and maintained as follows.
a) Guy wires:The proposed monopole will not require any installation of guy wires.
b) Outdoor lighting: One LED Floodlight will be placed at each end of the utility H-frame
and they will be fully shielded, and they will only be used when needed during
unexpected events that would require nighttime visits by Verizon Wireless's technical
operations staff. Although these lights must be adjustable for safety reasons, please
also note that the tree coverage above the site will assist in keeping the light from
shining skyward during those relatively short periods of time.
c) Ground equipment: The proposed equipment platform, base station cabinets and
generator will be placed in a location that is screened from offsite views by the church
and an existing mobile classroom located just to the north. These items will also be
screened by the heavily wooded area that wraps around the other three sides of this
site and totally surrounded by a wooden screening fence, which will help fortify the
existing natural and man-made screening elements that are offered to this site.
d) Whip antenna: No whip antennas are currently proposed with this application.
e) Grounding rod: The proposed grounding rod to be mounted at the top of this
monopole will comply with the County's sizing requirements for a maximum of 2 feet
in length and 1-inch in diameter.
2. Antennas and associated equipment.
a) Number of arrays: In order to meet Albemarle County's restrictions for flush-mounting
antennas, while also deploying all four of the technologies that the company holds
licenses to provide in this market, Verizon Wireless must mount six (6) antennas in
two (2) vertically separated arrays (one above the other). The highest array will be
centerline mounted at the 67-foot AGL level (518.3' AMSL) with three panel antennas,
and the second array will be installed at the 58.5-foot AGL level (509.8' AMSL). These
split arrays will support combination of Cellular and PCS service signals at one
mounting level on the monopole and LTE and AWS signals at the other level. Other
connectors and devices that will be mounted below the antennas include nine (9)
remote radio heads and two (2) fiber optics surge protection boxes. These items will
also be placed well below treetop height so that they are not likely to be visible from
nearby or distant off-site views.
Verizon Wireless PWSF Page 2 Greenbrier Park(City Church)
b)Size:The antennas to be installed in both arrays are identified as Commscope Model#
SBNHH-1D65C [96"(H)x 11.9"(W)x 7.1"(D), equaling 1142.4 square inches].
c) Projection: The proposed antennas in both arrays are fitted with Internal Remote
Electrical Tilt (RET) mechanisms that allow the necessary amount of down-tilting of
transmit and receive elements within visible parts of the panel antennas. This will be
combined the use of "low profile chain-mounts" that will be use to ensure that all of
the antennas are in compliance with the County's flush-mounting requirements (12"
maximum between the face of the monopole and the face of the antenna).
d) Color:All antennas will be painted to match the color of the proposed monopole.
3. Tree conservation plan; content.
Prior to the approval of a building permit, Verizon Wireless will submit a tree
conservation plan by Dave Rosene, a Certified Arborist with VanYahres Tree Company. As
standard practice, Mr. Rosene will not issue his written conservation plan letter until after
he has had the chance to review Verizon Wireless's Final Construction Drawings / Site
Plan and visit the site. As a standard practice Mr. Rosene's letter will provide any post-
construction recommendations and/or granting approval for all proposed land
disturbance techniques, vegetation protection fencing locations, and other design
elements that might affect the health of trees that surround this site.
4. Creation of slopes steeper than 2:1.
Upon the completion of this project, none of the remaining slopes will be greater than 2:1
as a result of construction and land disturbing activities for the proposed facility.
5. Ground equipment shelter; fencing.
Verizon Wireless is proposing the installation of a 7-foot high wooden, stockade fence in
order to prevent trespassing, while also providing additional screening the from nearby
property during the fall and winter, while also. The proposed fencing will be suitable to
this area, because it will be similar to other forms of fencing that is used for residential
and commercial properties and uses throughout the county. The location and design
details of the proposed screening fence are provided in the construction drawings /site
plan being submitted with this application.
6. Screening and siting to minimize visibility.
The proposed facility will be located at the rear of the subject parcel. The existing brick
church and its tall steeple are located between Rio Road East and the facility site and this
will help to screen views of the monopole from the adjacent road.The ground equipment
compound will be screened by an existing mobile classroom building located directly in
front of this site. Trees in the wooded area surrounding the compound will assist in
screening views of the monopole and base station equipment on all other sides of the
facility.
7. Open space plan resources.
Verizon Wireless has identified no open space, natural, man-made or other specifically
identified resources that would be adversely impacted by approval of this application.
Verizon Wireless PWSF Page 3 Greenbrier Park(City Church)
8. Horizontal separation of multiple facilities.
The proposed PSWF will be the first of its kind to be located on the subject parcel, and
there are not any other facilities located on any of the adjacent parcels. Therefore, there
will be no other existing facilities that are within the close proximity as specified by the
restrictions of this particular section.
9. Diameter of monopole.
As indicated in the attached construction drawings, Verizon Wireless' proposed monopole
will be designed and constructed so that it is 30 inches at its base and tapers to 18 inches
at its top.
10. Height of monopole.
At 71 feet tall (522.3 feet Above Mean Sea Level - AMSL), the proposed monopole will be
approximately 10 feet above the top elevation of the reference tree,which is identified as
a 15" diameter White Pine that is 62.7 feet tall (512.3 feet AMSL), and has a drip line that
is approximately 12 feet west of where the monopole will be installed.
11.Color of monopole, antennas, and equipment.
The monopole and all antennas will be painted Sherwin Williams Java Brown #6090, a
color that has been applied to previously approved Tier II and treetop PWSF monopoles in
Albemarle County. All of the base station equipment that is installed to support this
facility will also be painted the same color and enclosed within a wooden screening and
security fence as well.
12. Placement of cables, wires and similar attachments.
The proposed monopole will be designed and constructed to contain all of Verizon
Wireless's coaxial and fiber optic cables that will run from the ground equipment to all
supporting connection devices and both sets of antennas. However, if for some reason it
is determined in the future that additional cables for facility upgrades cannot be fit within
this pole (which must also be designed to taper from 30" at its base to 18" at the top),
then Verizon Wireless may need to request approvals to allow any cables that can't fit
inside to be run up the back of the pole (interior to the property) instead. This would
have to be done in a similar manner that is currently as allowed for wooden and concrete
monopoles.
Section 5.1.40(c) -Applicability of other regulations in this chapter (Items 1-6):
1. Building site.
Verizon Wireless acknowledges this exemption from the standard building site
requirements for Personal Wireless Service Facilities.
2. Vehicular access.
The longest stretch of access to the proposed facility will pass over the travel ways that
are appurtenant to the church's existing parking lot. From there, the grassed area over
which the access road will be extended is level and has no areas of critical slopes that will
be disturbed.
Verizon Wireless PWSF Page 4 Greenbrier Park(City Church)
3. Setbacks.
Verizon Wireless has selected a monopole location that is approximately 73 feet (102.8%
of its height) away from the southern property line shared with the CATEC property. This
exceeds the standard, minimum required setback distance for towers and similar
structures, which is equal to 100% of the monopole's height from all parcel lines shared
with adjoining lots. There are no specified setbacks from the boundary lines shared with
the right-of-way for Rio Road East or the Norfolk Southern Railway.
4. Area, bulk, and minimum yards.
Although, Verizon Wireless acknowledges this exemption from the standard area, bulk
and minimum yard requirements for Personal Wireless Service Facilities, it should be
noted that the proposed facility will greatly exceed the standard setbacks that are
established for the R4 District.
5. Required yards.
Verizon Wireless acknowledges this exemption that allows relief to Personal Wireless
Service Facilities from the required yard standards.
6. Site plan.
Please refer to the attached construction drawings and antenna/equipment specification
demonstrating compliance with the Tier II PWSF criteria, set forth in Section 5.1.40(a)(4) -
Plans and Supporting Documents, as well as any of the other relevant requirements set
forth in Section 32 of the zoning ordinance for site plans.
Conclusion:
Verizon Wireless is confident that the proposed Personal Wireless Service Facility will meet the
design criteria necessary for approval of a Tier II facility, and that it does not conflict with any of
the goals and objectives set forth in the Albemarle County Comprehensive Plan. Approval of
this PWSF application will contribute to the expansion of Verizon Wireless' coverage to
residents and nearby businesses in the relatively new neighborhoods just north of Rio Road
East. This facility will also help to reinforce network capacity and relieve some of the high level
of traffic that has be experienced at existing neighbor sites due to the increased demands for
service in this rapidly growing development area.
Sincerely,
iffeacbae,--
Stephen Waller, AICP
GDNsites
Site Development Consultants to Verizon Wireless
Verizon Wireless PWSF Page 5 Greenbrier Park(City Church)
IIIWAIBRIARAWINC
CGC/3.7.14
Prepared by and
Upon Recording, Return to:
Pennington Law Firm, L.L.C.
Post Office Box 2844
Columbia, South Carolina 29202 VA Code§58.1-807.
F. Notwithstanding the other provisions of this section,the tax on the recordation of aleaseofacommunicationstoweroracommunicationstowersiteshallbe$75;the tax
COMMONWEALTH OF VIRGINIA on the recordation of each lease to afllx any communications equipment or antenna
to any such tower or other structure shah be S15.
COUNTY OF ALBEMARLE
TAX MAP PARCEL NUMBER: 06100-00-00-153A1
MEMORANDUM OF LAND LEASE AGREEMENT
This Menndum of Lan ease Agreement ("Memorandum") is made this
day of 201_ between the TRUSTEES OF CITY CHURCH (AKA
H RLOTTES FI ST ASSE LY OF ALBEMARLE COUNTY, VIRGINIA), with
offices at 1010 East Rio Road, Chari ttesville, Virginia 22901, an unincorporated church
affiliated with and a part of the Potomac District Council and the General Council of the
Assemblies of God with headquarters at Springfield, Missouri, hereinafter designated
LESSOR, and CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS, a Delaware
general partnership with its principal office located at One Verizon Way, Mail Stop
4AW100, Basking Ridge, New Jersey 07920, hereinafter designated LESSEE.
1. LESS And LESSEE entered into a Land Lease Agreement (the "Agreement")
on IA Y.(201 for an initial term of five (5) years, commencing
on the Commencement Date. The Agreement shall automatically be extended for
four (4) additional five (5) year terms unless the LESSEE terminates it at the end
of the then current term by giving the LESSOR written notice of the intent to
terminate at least six (6) months prior to the end of the then current term. If at
the end of the fourth (4th) five (5) year extension term the Agreement has not
been terminated by either Party by giving to the other written notice of an
intention to terminate it at least three (3) months prior to the end of such term, the
Agreement shall continue in force upon the same covenants, terms and
conditions for a further term of five (5) years and for five (5) year terms thereafter
until terminated by either Party by giving to the other written notice of its intention
to so terminate at least three (3) months prior to the end of such term.
2. Pursuant to the Agreement, LESSOR has leased to LESSEE a portion of that
certain parcel of property (the entirety of LESSOR's property is referred to
hereinafter as the Property), located at 1010 East Rio Road, Charlottesville,
Virginia, and being described as a 24' by 50' parcel containing 1,200 square feet
the "Land Space"), together with the grant of a non-exclusive right (the "Right of
Way") for ingress and egress, Monday through Saturday twenty-four (24) hours a
day, and Sundays only in Emergency situations (as defined herein), on foot or
motor vehicle, including trucks over or along a variable width right-of-way
extending from the nearest public right-of-way, East Rio Road, to the Land Space,
and for the installation and maintenance of utility wires, poles, cables, conduits,
and pipes over, under, or along one or more rights of way from the Land Space,
together with the grant of a ten (10') foot non-exclusive easement for the
installation and maintenance of utility wires, poles, cables, conduits, and pipes (the
Utility Easement"); said Land Space, Utility Easement, and Right of Way
hereinafter collectively referred to as the "Premises") being substantially as
described herein in Exhibits "A" and "B" attached hereto and made a part hereof.
The Property is also shown on the Tax Map of the County of Albemarle as Parcel
ID Number 06100-00-00-153A1 and is further described in Deed Book 1990 at
Page 503 as recorded in the Office of the Clerk of Circuit Court of Albemarle
County. In the event any public utility is unable to use the Right of Way, the
LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE
or to the public utility at no cost to the LESSEE. It is expressly acknowledged and
agreed that independent third party providers of utility services to the Property,
including but not limited to, fiber, electric and telephone, may utilize the above-
referenced Right of Way for the installation of overhead and/or underground
equipment, and all necessary appurtenances, necessary for the operation of
LESSEE's or its subtenants' facilities without the execution of any further
documentation. However, if required by the third party provider, LESSOR agrees
to execute a separate recordable document evidencing such rights without the
payment of additional consideration.
3. The Commencement Date of the Agreement, of which this is a Memorandum, is
based upon the date LESSEE commences installation of the equipment on the
Premises. In the event the date LESSEE commences installation of the
2
equipment on the Premises falls between the 1st and 15th of the month, the
Agreement shall commence on the 1st of that month and if the date installation
commences falls between the 16th and 31st of the month, then the Agreement
shall commence on the 1st day of the following month (either the
Commencement Date").
4. The terms, covenants and provisions of the Agreement, the terms of which are
hereby incorporated by reference into this Memorandum, shall extend to and be
binding upon the respective executors, administrators, heirs, successors and
assigns of LESSOR and LESSEE.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
SIGNATURES ON THE FOLLOWING PAGE]
3
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and
LESSEE have caused this Memorandum to be duly executed on the date first written
hereinabove.
LESSOR:
TRUSTEES OF CITY CHURCH (AKA
CHARLOTTESVILLE FIRST ASSEMBLY
N '
OF ALBEMARLE COUNTY,VIRGINIA)
NOTaRyPUBLIC
REG. #713 1/
p MY COMMISSION * =EXPIRES SHEILA WILLIAMS
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ACKNOWLEDGMENT
STATE OF V i 9;,-% ; •`
COUNTY/CITY OF A-I lo .c,. rl
I, t V n, a Notary Public for said County and
State, do hereby certify that SHEILA WILLIAMS personally came before me this day
and acknowledged that she is a TRUSTEE OF CITY CHURCH (AKA
CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY, VIRGINIA)
and that she, as a Trustee, being authorized to do so, executed the foregoing
Memorandum on its behalf.
Witness my hand and official seal,this 27.14 day of j4p I 201 `i .
Print Name: 'RA%_41 1
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5-17 0MYCOMMISSION = .z
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7/31/2015 .gyp •••....•••'J.
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LESSOR:
TRUSTEES OF CITY CHURCH
AKA CHARLOTTESVILLE FIRST
ASSEMBLY OF ALBEMARLE
COUNTY, GINI )
ermit Anderson
STATE OF 1h r5iniri
ACKNOWLEDGMENT
OUN /CITY OFWbf(e- )
1,Shetld.. g I lttLiaNS , a Notary Public for said County and State, do hereby
certify that KERMIT ANDERSON personally came before me this day and
acknowledged that he is a TRUSTEE OF CITY CHURCH (AKA
CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY,
VIRGINIA) and that he, as a Trustee, being authorized to do so, executed the
foregoing Memorandum on its behalf.
Witness my hand and official seal, this day of Olt 2018
P of Name: et 1 ttat'iS
Notary Public
My Commission Expires: 3uiL -40Jc/40a
AFFIX NOTARIAL STAMP-SEAL]
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LESSOR:
TRUSTEES OF CITY CHURCH
AKA CHARLOTTESVILLE FIRST
ASSEMBLY OF ALBEMARLE
CO TY, VIRGINIA)
a44 aa4z ce41—
Larry Burruss
STATE OF V I(G 1`i k
ACKNOWLEDGMENT
r OUN r /CITY OF Pd 1GL1ig–)
I,i
al,
a Notary Public for said County and State, do hereby
certify that LARRY BURRUSS personally came before me this day and
acknowledged that he is a TRUSTEE OF CITY CHURCH (AKA
CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY,
VIRGINIA) and that he, as a Trustee, being authorized to do so, executed the
foregoing Memorandum on its behalf.
Witness my hand and official seal, this I_` day ofjli' ' , 204
1/60,--
P nt Name: 7ihe (cl 114015
Notary Public
My Commission Expires: 3D)o2O1(O
AFFIX NOTARIAL STAMP-SEAL]
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LESSEE:
CELLCO PARTNERSHIP
D/B/A VERIZON WIRELESS
By:
rin".1"...."."4
David R. Heverling
Its: Area Vice President Network
STATE OF MASSACHUSETTS )
ACKNOWLEDGMENT
COUNTY OF WORCESTER )
I,pias (.aZ10 tfit , a Notary Public for said County and State, do hereby
certify that DAVID R. HEVERLING personally came before me this day and
acknowledged that he is the Area Vice President Network of CELLCO
PARTNERSHIP D/B/A VERIZON WIRELESS, and that he, as Area Vice
President Network, being authorized to do so, executed the foregoing
Memorandum on its behalf.
Witness my hand and official seal, this R1 day of 11)11 , 201
a ,
a I
Print Name:ler GI 2r.c.)
Notary Public
My Commission Expires: t'
AFFIX NOTARIAL STAMP-SEAL] tijy rWEA°N o?Ub ccot_ OF
ASSACNU
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7
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION OF PREMISES
8
Exhibit A
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EXHIBIT "B"
SURVEY OF PREMISES
See attached.
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Exhibit B
Page 1 of 1)
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RECORDED IN CLERKS OFFICE OF
ALBEMARLE ON
AUGUST 5,2014 at 12:07:09 PM
AS REQUIRED BY VA CODE §58.1-802
STATE:$0.00 LOCAL:$0.00
ALBEMA- E COUNTY,VA
DEBRA M.SH -P N U I T CLERK
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Consultants to Verizon Wireless
536 Pantops Center-PMB#405
Charlottesville, Virginia 22911
June 22, 2015
TO: County of Albemarle
Department of Community Development
401 McIntire Road,North Wing
Charlottesville, Virginia 22902
RE: Verizon Wireless- Greenbrier Park/City Church Tier II PWSF Application
Site Photos Package
To whom it may concern:
In accordance with Section 5.1.40(a)(5) of the Albemarle County Zoning Ordinance, enclosed you will
find photographs that were taken of the above-mentioned site that is being proposed for the development
of a Personal Wireless Service Facility. In order to avoid the unnecessary expenses I am only providing
three (3) sets of these photos, because with past applications it has been observed that these initial photos
are no longer being provided in Planning Commission packets and most Site Review Committee members
have never provided any comments regarding the photos. However, please note that I can provide any
additional hard copies and/or access to the electronic files if needed upon request. Additionally, I can also
provide as many copies of balloon test photos and simulations as needed once the balloon test has been
scheduled and performed for County staff.
Please do not hesitate to contact me at your earliest convenience if you should have any questions or will
require any additional information or support from myself and/or my clients at Verizon Wireless.
Sincerely,
Stephen Waller, AICP
Director of Zoning and Permitting Services
Phone: 434-825-0617
Fax: 434-8250617
stephen.waller@gdnsites.com
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