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Home My WebLink AboutLZC201800011 Approval - County 2018-03-30COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 30, 2018 Edward L. Donohue Donohue & Stearns, PLC 117 Oronoco Street Alexandria, VA 22314 RE: LZC2018-11 I Tax Map 94, Parcel 41A I SP199700017 1 Owner— Karen Johnson Dear Mr. Donohue: In response to your request for a Letter of Zoning Compliance for the above referenced parcel (the "Property"), please be advised of the following. This letter will address the conditions of approval of SP199700017, approved August 20t", 1997. Where applicable, the discussion of the condition may include an analysis per Section 5.1.40(i) of the Albemarle County Zoning Ordinance, below: Administration of special use permits for facilities approved prior to October 13, 2004; conditions. If any condition of a special use permit for an eligible support structure approved prior to October 13, 2004 is more restrictive than a corresponding standard in this section, the corresponding standard in this section shall apply. If any condition of the special use permit is less restrictive than a corresponding standard in this section and the applicant establishes that vested rights have attached to the approved facility, the special use permit conditions shall apply. "Tower height shall not exceed 150 feet. The tower shall be designed to allow an increase in height up to 199 feet. Any increase in height above 150 feet shall require amendment of this permit." o The height of the tower is 149' AGL. 2. "Compliance with Section 5.1.12 of the Zoning Ordinance." o There is no corresponding standard in Section 5.1.40. Section 5.1.12 as applied to personal wireless service facilities was succeeded by Section 5.1.40 of the Zoning Ordinance. March 30, 2018 LZC-2018-00011 Page 2 of 3 3. "There shall be no lighting of the tower unless required by a federal agency. All tower lighting shall be shielded so as to minimize visibility from the ground." o The tower structure is not lit. 4. "Staff approval of additional antennae installation. No administrative approval shall constitute or imply support for or approval of, the location of additional towers, antennae, etc., even if they may be part of the same network or system as any antennae administratively approved under this section." o All additional antennae have been approved by staff. 5. "The tower must be designed and adequate separation provided to property lines such that in the event of structural failure, the tower and components will remain within the lease area." o The tower was designed and constructed to this standard through the building permit process. The lease area provision does not have a corresponding standard in Section 5.1.40. The tower is located in excess of 149' from the nearest property line, meeting the requirements of Section 5.1.40. 6. "The tower shall be disassembled and removed from the site within 90 days of the discontinuance of the use of the tower for wireless communication purposes." o The tower is still being used for wireless communication purposes. 7. "Tower shall be located as shown on Attached plan titled "Tower site for CFW Wireless" and initialed WDF 7/1/97." o The tower is located as shown on this plan. 8. "Existing trees within 200 feet of the tower shall not be removed without amendment of this special use permit except as may be authorized by staff to permit construction of the tower and installation of access for vehicles and utilities." o No trees have been removed in violation of this condition. 9. "Except as specifically required by the Federal Aviation Administration or the Federal Communications Commission, transmission structures shall use colors such as gray, blue, or green, which reduce their visual impacts, except as may be modified by the ARB." o The tower is gray. March 30, 2018 LZC-2018-00011 Page 3of3 10. "The permittee shall allow other wireless telecommunications providers to locate on the tower and site and shall provide the County, upon request, verifiable evidence of having 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 permittee's tower and site in exchange for reciprocal rights on a tower and site owned or controlled by such other provider within Albemarle County. The permittee also agrees to execute a letter of intent prior to final site plan approval stating that it will make a good faith effort to allow such location and will negotiate in good faith with any other wireless telecommunications provider requesting to locate on the tower or site;" o There are other providers collocated on the tower. There is no corresponding standard in Section 5.1.40. 11. "A report shall be submitted to the Zoning Administrator once a year, no later than July 1. This report shall state current user status of the tower. Specifically, the report shall state if the tower is being used for wireless telecommunication service." o There is no corresponding standard in Section 5.1.40. Copies of any approved site plans, certificates of occupancy, or any other documents can be obtained from this office with a request through the department's Records Manager, Paul Bjornsen, at pbjornsen(a)-albemarle.org. Please contact me if you have questions or require additional information. Sincerely, Andrew J. Knuppel Planner, Designee of the Zoning Administrator Attachments: Zoning Map County Code: http://www.albemarle.org/countycode Copy: Bill Fritz LZC2018-11 80-62 9!�-;'2Aj 94-37A Legend (Note Some items on map may not appear in legend) 94-41 T -4 :4:�42A2 94-42 0 R R d R—d—al d:n �11 R :::d A A A P=Z 94-42B R1 0 PI �9'h�l 4464 ■ /• 40, LO >4IAI-- 4462 4460 94-39 94 94-12B+ 0 94-40 94-36 94-21 KI — 35A-- 1593 94-21 —)794 94-21B2 K > 94-29A2 4622 94-29 C1) 94-34 1628 Z4610 94-34B LZ 163894-34D -A 91, 1 423 ft I 94-21N3 /4632 94-29C, 4652 94-34 I J'�( Co 1641 16 of AL GIS-web Geographic Data Services —.ail)emarle.org OY /94�-29C2-,,, 16 (434) 296-5832 9 ZY'+ mg Map is for Display Purposes Only - Aerial Imagery from the Commonwealth of Virginia and Other Sources March 30, 2018