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HomeMy WebLinkAboutSDP201800043 Presentation Final Site Plan and Comps. 2018-06-01Application for Personal Wireless Service Facility 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?): Lewis Mountain Tier II PWSF PROPOSAL: ❑ Tier I 6d Tier II ❑ Tier III ❑ Building Permit after Tier I1 or Tier III approval COPIES REQUIRED: Two (2) Sixteen (16) Seventeen (17) Two (2) EXISTING COMP PLAN LAND USE/DENSITY: Parks and Green Systems/Urban Density Residential LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: 299 Colonnade Drive, Charlottesville, VA 22903 TAX MAP PARCEL(s): 07600-00-00-002AO ZONING DISTRICT: R-15 Residential # OF ACRES TO BE COVERED BY SPECIAL USE PERMIT (if a portion it must be delineated on a plat): N/A Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. ❑ YES ® NO Are you submitting a Special Exception to modify or waive certain requirements with this application? ❑ YES ® NO If YES, provide the modifications: Does the owner of this property own (or have any ownership interest in) any abutting property? ® YES ❑ NO If YES, please list those tax map and parcel numbers: 07600-00-00-002A1 Applicant (whom should we contact about this project): Milestone Communications c/o Lori Schweller Street Address LeClairRyan, PLLC; 123 East Main Street, 8th Floor City Charlottesville Phone Number (434) 245-3448 Email Lori.Schweller@leclairryan.com Virginia Zip Code 22902 Owner of Record Rivanna Water and Sewer Authority Street Address 695 Moores Creek Lane City Charlottesville State Virginia Zip Code 22902 Phone Number (434) 977-2970 Email Contractor (Building Permits and Tier I only) N/A Street Address City Phone Number Email Work Value $ Code FOR OFFICE USE ONLY Application # SIGN # (if an SP) Fee Amount $ Date Paid By who? Receipt # Ck# by: ZONING ORDINANCE SECTION 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 12/7/2017 Page 1 of 11 Personal Wireless Service Facility Application r x Yg 'Apphcatton Requirements &Checklist . Tiers I H III Iris coons an tnAppltcahgn Type indicates requirements. k c,65 to con rm re" uirements_are met � � 1. Application form and signatures. A completed application form, signed by the parcel owner, the X X X parcel 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 X X X facility 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 X X X complete 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 X X X the 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 X X X design, type, 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 X X X number. A paint chip or sample shall be provided for each color. (e) Topography. Except where the facility would be attached to an eligible support stricture or an X X riS LYJ existing building, the topography within two thousand (2,000) feet of the proposed facility, in contour intervals 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 X X X W1 the 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, X X X fencing, and landscaping. (h) Location of accessways. The location of all existing vehicular accessways and the location and X X X design of all proposed vehicular accessways. (i) Location of certain structures and district boundaries. Except where the facility would be X X X ul attached to an eligible support stricture or an existing building, residential and commercial structures; and residential and rural areas district boundaries. REVISED 12/7/2017 Page 2 of 11 Personal Wireless Service Facility Application 0) Proximity to airports. If the proposed monopole or tower will be taller than one hundred fifty X X El 150) feet, the proximity of the facility to commercial and private airports. 5. Photographs. Photographs of the location of the proposed monopole or tower shall be provided that X X include, 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 X X ❑ application was 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 X X E] road, the lease area, the tower site, the reference tree, and the tallest tree within twenty five (25) feet of the 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 X X height equal to the proposed facility. (d) Balloon color or material. The balloons shall be of a color or material that provides maximum X X 0 visibility. (e) Photographing balloon test. The photographs of the balloon test shall be taken from the nearest X X residence and from appropriate locations on abutting properties, along each publicly used road from which the balloon is visible, 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 stricture or an X X X existing 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 stricture shall be depicted. 8. Site under conservation or open space easement. If the proposed facility would be located on lands X X subject 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 X X facility. 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 12/7/2017 Page 3 of 11 Personal Wireless Service Facility Application x� Development Requirements I II III -&C, Ins ons an `X in Application Type indtcafes requir`ements.' U,Seythe aY Yl ht,Calumn i0 confirm re uirements are,met. `_ 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 support stricture 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 (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 the facility, 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 I -7f application, which size shall not exceed one thousand four hundred (1400) 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 the closest point on the back of the antenna X X X ref L1CJ be more than twelve (12) inches from the facility, structure, or building; and in no case shall the farthest point of the back of the antenna be more than eighteen (18) inches from the facility, stricture, or building; and (d) Color. Each antenna and associated equipment shall be a color that matches the facility, stricture, or X X X building. 3. Tree conservation plan; content. Before the building official issues a building permit for the facility, the X X X 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 12/7/2017 Page 4 of 11 Personal Wireless Service Facility Application REVISED 12/7/2017 Page 5 of 11 Development Requirements & Checklist I II , III Iii izicons ani X ztz Application Type indicates requirements: u,. �_ 3 y ; rlsg:ihe ar n ht column to'con rm re uirements are met., 6. Screening and siting to minimize visibility. The site shall provide adequate opportunities for 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 facility also 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 deed of easement. 7. Open space plan resources. The facility shall not adversely impact resources identified in the natural X X resources chapter of the county's comprehensive plan and the parks and green systems chapters in any count master plan. 8. Horizontal separation of multiple facilities. The facility shall not be located so that it and three (3) or more X 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 maximum diameter at the top of the monopole shall be eighteen (18) inches. 10. Height of monopole. The top of the monopole, measured in elevation above mean sea level, shall not be X 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, fagade 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 public view, as determined by the agent. Metal monopoles shall be constricted 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 REVISED 12/7/2017 Page 5 of 11 Personal Wireless Service Facility Application ,°phcabuty of other Development Req><urevients, Type of w �n taus Chapter ApRdicatton trua ons arr "yY rn.Application Type indicates regi irements. I II Ilk, - he aUse;tr z ht column to con rm re uirements are"met. ,:_ 1. Building permit application; submitting certification of monopole height and revised plans. The following 2. Vehicular access. Vehicular access to the facility site or tower site shall be subject to the requirements of X X X shall be submitted with the building permit application: (i) certification by a registered surveyor stating the section 4.2 and shall not be exempt under section 4.2.6(c). height of the reference tree that is used to determine the permissible height of the monopole; and (ii) a final 3. Setbacks. Notwithstanding section 4.10.3.1(b), the agent may authorize a facility to be located closer in X X X revised set of plans for the construction of the facility. The agent shall review the surveyor's certificate and distance than the height of the tower or other mounting stricture to any lot line if the applicant obtains an the plans to ensure that all applicable requirements have been satisfied. easement or other recordable document showing agreement between the lot owners, acceptable to the Work Value $ county attorney as to addressing development on the part of the abutting parcel sharing the common lot line 2. Tree conservation plan; compliance; amendment. The installation, operation, and maintenance of the that is within the monopole or tower's fall zone. If the right-of-way for a public street is within the fall zone, X X facility shall be conducted in accordance with the tree conservation plan. The applicant shall not remove the Virginia Department of Transportation shall be included in the staff review, in lieu of recording an existing trees within the lease area or within one hundred (100) feet in all directions surrounding the lease easement or other document. area of any part of the facility except for those trees identified on the plan to be removed for the .;performance Standards, Requirements & Checklists T e of Application, ; ea check those That apply to acknowledge these regzca�ertzents }Al - 1. Building permit application; submitting certification 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 X X X completion 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 use for personal wireless service or any service facilitated by transmission equipment is discontinued, 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 12/7/2017 Page 6 of i t 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) feetr-or (v) any location within two hundred (200) feet of any state scenic___ highway or by -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. 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. 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. 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 stricture 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 for ground based equipment. Eligible support structure: Any tower or base station, provided that it is existing at the time the relevant application is filed with the County. 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. REVISED 12/7/2017 Page 7 of 11 Personal Wireless Service Facility Application 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 facility or small wind turbine (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; and (ii) 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 stricture 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 by more than ten percent (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 six (6) feet. REVISED 12/7/2017 Page 8 of l l Personal Wireless Service Facility Application 3. Excessive equipment cabinets. For any eligible support stricture, 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 stricture, 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 stricture 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)(1)(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 flf-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 II facility: A personal wireless service facility that is a treetop facility not located within an avoidance area. Tier III personal wireless service facility or Tier III facility: 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 12/7/2017 Page 9 of t 1 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: Q� I certify that I am the agent for Milestone Communications, Applicant , 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 a the owner. Signature Owner, Contr, ctor, or Al 6' /. ZLIO 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). 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 infonnation 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. Signature of Owner/Agent Print Name Date Daytime phone number of Signatory REVISED 12/7/2017 Page 10 of ll Personal Wireless Service Facility Application Required FEES to be paid at time of application: What type of Personal Wireless Service Facility are you annlvinp, for? ❑ Tier I Facility $113.60 ® Tier II Facilities — Site Plan $1,957 ❑ Tier III Facilities — Special Use Permit $2,150 ❑ Amend existing Special Use Permit $1,075 ❑ Special Exception $457 ® Notification Requirement for Tier II and Tier III for up to 50 notices $215 ❑ Notification Requirement for Tier II and Tier III for each notice over 50 notices* $1.08 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 III approval $113.60 *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 deadlinefar pnvtnent_ 1f flee fee is reorsabmitted by the deadline the applicant shall be deemed iucomplet — **To beap id 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 ma -v 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 bodv. Staff estimates the total cost of legal advertisement and adjacent owner notification to be beriveen $350 and $450 per hearing. This estimate reflects the average cost of public notice fees for Special Use Permit applications, but the cost of certain applications may be higher. Other FEES that may apply: ➢ Deferral of scheduled public hearing atapplicant's request $194 Resubmittal fees for Tier III Facilities ➢ First resubmission FREE ➢ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS NIADE TO INTAKE STAFF) $1,075 ➢ Each additional resubmission of an amendment to an existing SP (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $ 538 REVISED 12/7/2017 Page 11 of l l W MILESTONE COMMUNICATIONS LEWIS MOUNTAIN WATER TANK TIER II PERSONAL WIRELESS SERVICE FACILITY Proiect Description: Milestone Communications (the "Applicant") has submitted an application for approval of a Tier II Personal Wireless Service Facility (PWSF) on property owned by the Rivanna Water and Sewer Authority with address 299 Colonnade Drive, Charlottesville, VA 22903 on Tax Map parcel 07600-00-00-002A1 within the Jack Jouett Magisterial District. The subject property is 0.45 acre. The parcel is landlocked and is adjacent to a parcel on which RWSA owns a water tank. The PWSF compound would be set northeast of the existing water tank. The PWSF would be comprised of a 75' galvanized steel monopole with two -foot lightning rod and supporting equipment boxes, cable bridge and related facilities on a concrete pad within a 477 square foot compound trees with a utility meter on an H -frame outside the fence. The facility would support antennas for use by Shentel at the 73' RAD center. The monopole and other equipment attached to the monopole would be painted Sherwin Williams Java Brown to blend with nearby trees. The compound would be secured by an eight foot high galvanized steel fence. To provide needed network coverage in the area, Shentel would like to install a three - sector antenna array with one panel antenna per sector, along with radio heads, cables, and related equipment, that will operate at different points on the radiowave spectrum to provide Shentel-licensed services. Surrounding Properties: The proposed site is on Lewis Mountain south of U.S. Route 250/Ivy Road just west of the Charlottesville city limits. The subject parcel is surrounded on the east, south, and west by a 5.47 acre residential property. South of that parcel is an 18.03 acre parcel owned by the University and is the site of Zehmer Hall (School of Continuing and Professional Studies/Conference Center). To the northwest on a 42.79 acre parcel is the site of the historic Lewis Mountain Parkway house. The parcel to the north beyond the parcel on which the water tank sites is a vacant 4.96 acre parcel zoned R-15. Service and Network Obiectives: Founded in 2000, Milestone Communications develops wireless towers in partnership with school and government landowners and solves network coverage priorities for the wireless industry by finding solutions that are aesthetically and functionally optimized for their environments. The proposed location within the Rivanna Water and Sewer Authority grounds will provide the community with increased wireless communications 11Page Milestone Communications coverage and capacity and a share of rents from all carriers on the Milestone Communications monopole. The proposed site location is surrounded by trees, and is well screened from residential neighborhoods and local roads. The access and utility easement serving the site would be located in the same area as an existing 25' easement stretching northeast of the site to connect with the public road. Shentel, which is licensed by the Federal Communications Commission (FCC) to provide wireless communications services within Albemarle County, desires this site location to provide coverage in the area. Shentel's objective is to provide reliable communications, improved in -building coverage, and in -car and on -street coverage, as well as emergency 911 services. Their primary focus of service is the University of Virginia campus and football stadium. Notes regarding Compliance with Tier II Criteria as set forth in Section 5.1.40. The County's specific design criteria for Tier II "Treetop" Facilities, set forth in Section 5.1.40, will be met in full, as specifically depicted on the enclosed plans and as noted on the application checklist. A few of the requirements are addressed as follows: Subsection 5.1.40(a): The application form, plat of survey, proof of ownership, and plans, and photographs are enclosed. A balloon test shall be conducted as requested by the agent, and photographic simulations shall be produced as requested by the agent. Subsection 5.1.40(b): As the plans and application checklist indicate, the proposed application meets all development requirements set out in this subsection, including antenna size, projection, color, and number of arrays. The antennas will be approximately 8" from the pole at the closest point and 18" at the farthest point. No steep slopes are affected, the project is sited to minimize visibility, and no open space plan resources shall be adversely affected. Subsection 5.1.40(c): Because of its proximity to the northeast boundary line of the subject parcel, the applicant is obtaining fall zone easements from the affected property owners. Section 5.1.40(d)(2): The installation of the proposed facility will not require the removal of any trees. The applicant shall prepare a tree conservation plan as required and shall provide the certification as to height of the monopole and lightning rod as required. The applicant acknowledges the requirements regarding discontinuance of use of the facility. Consistency with Comprehensive Plan: Chapter 12 -- Community Facilities. 1. Strategy 10e is to continue to ensure that Personal Wireless Service Facilities are provided in accordance with the Personnel Wireless Service Facilities Policy, adopted October, 2010 (the "Policy") as a component of the Comprehensive 2 1 P a g e Milestone Communications Plan. The sole objective of the Policy is to minimize the visual impact of PWSFs using the following strategies. Comments regarding the proposed facility follow each strategy in italics. • Be designed to minimize visibility; The proposed PWSF would be a Tier 11 treetop facility, ten feet (10) taller than the identified Reference Tree and so would comply with the Policy. The proposed facility would be located within a wooded area having deep wooded buffers and would not be skylined. Use of a monopole design and close -mounted arrays will minimize the profile of the facility. • Utilize existing structures where possible; There are no vertical structures in the area that could be used for collocation. The water tank is only 27' in height. • Utilize ground based equipment for new facilities; All ground equipment will be screened from other uses. • Mount antennas close to the supporting structure; A collar mount will be use to keep the antennas as close as possible to the pole. • Be limited in size and be designed in keeping with the character of the area; The proposed monopole will be only 75' tall and will blend with existing trees on the hillside. • Not be located on ridgetops or along the ridgeline; The proposed site is not on a ridgetop or along a ridgeline. • Be provided with an adequate backdrop so that they are not skylined; The balloon test will provide information about tree cover and backdrop from different vantage points. • Not adversely impact slopes in excess of 25%, wooded areas, streams and stream buffers, and wetlands in the Rural Area; The proposed lease area does not include steep slopes, stream protection areas, or wetlands and will require no tree removal. • Not adversely impact historic and scenic resources; and 3�Page Milestone Communications Within the area of potential effect (0.5 mile) is the Lewis Mountain Parkway home aka John Watts Kearny Estate. The resource is listed on the NRHP and Virginia Landmark's Register and any impact from the proposed monopole will be evaluated by the Virginia Department of Historic Resources as part of the Applicant's NEP/SHPO review. The applicant believes that visual impact will be none to minimal, given the relative locations of the house and monopole and the intervening tree cover, and we will evaluate potential impact during the balloon test. • Not adversely impact land shown as Parks and Green Systems in the Master Plans for the Development Areas. The proposed facility would not be visible from parks. Conclusion: Milestone Communications is confident that the proposed Personal Wireless Service Facility will meet all zoning ordinance regulations and design criteria for approval of a Tier II facility and does not conflict with the goals and objectives of the Comprehensive Plan. The approval of this PWSF application will contribute to Shentel's wireless network 50) to University facilities, businesses, and residents in the Ivy Road area. 4 1 P a g e Milestone Communications av 121`10 Bu rn L Hdis lid., Suite 10th �/ t ir(fl es on Reston, VA 20191 COMMUNICATIONS 703-620-2555 May 22, 2017 Lonzy E. Wood Interim Executive Director Rivanna Water and Sewer Authority 695 Moores Creek Lane Charlottesville, VA 22902 SUBJECT: Authorization to Proceed With Zoning Application and Ground Lease for: Lewis Mountain Water Tank, 299 Colonnade Drive, Charlottesville, VA 22903 Dear Mr. Wood: This letter is to confirm that your office authorizes Milestone Communications to proceed with outreach, notification, zoning application and the preparation of the ground lease for the above referenced site. To signify your authorization, please countersign this letter in the space provided below. Sincerely, Len Forkas President, Milestone Communications Authorization to proceed with zoning application and ground lease is hereby granted. Signature: �7 Date: -� l Name' Title: �kGtc7`! p�2E ,12CrJ.5-- www.milestonecommunications.com BKi920PGO479 006704 This Deed Prepared by St. John, Bowling & Lawrence THIS DEED made this 12s day of January, 2000, by and between the ALBEMARLE COUNTY SERVICE AUTHORITY, Grantor, and the RIVANNA WATER AND SEWER AUTHORITY, Grantee, whose address is Post Office Box 18, Charlottesville, Virginia 22902. WITNESSETH That for and in consideration of the stun of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY of TITLE, unto the RNANNA WATER AND SEWER AUTHORITY the following described real property: I. ALL that certain lot or parcel of land, with improvements thereon, containing 0.48 acres, more or less, shown and identified as "0.48 AC to be Acquired" on a plat of Lumsden Associates, P.C., dated June 6,1989, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1075, Page 259, (the "Plat"); BEING the same property in all respects conveyed to the Grantor by deed of Colonnade Associates Limited Partnership, dated June 12,1984, and recorded in the aforesaid Clerk's Office in Dad Book' A75, Page 256. 1015 TOGETHER WITH, a permanent 40 -foot utility and drainage easement as shown on the Plat; TOGETHER WITH, a slope and landscape casement, containing 25,103 square feet as show -i on the Flat. The slope and landscape easement shall be a permanent easement for grading, landscaping and a 20 -foot width undisturbed area. TOGETHER WITH, a 25 -foot access road easement, the temporary location of which is shown on the Plat and the permanent location of which is to be determined at a later date, BK 1920PGO480 sufficient to provide for the construction of a 25 -foot access road to the 0.48 acres conveyed herein and for the use as an access road to the water tank on the 0.48 acres. At such time as the permanent access easement is created and constructed, the temporary access easement shall be vacated. AS PART OF THE ABOVE EASEMENTS, the Grantee shall have the right to enter upon the above-described property within the easements for the purpose of installing, constructing, maintaining, repairing, replacing and extending water lines and appurtenances thereto within such easement and for landscaping, slope and a roadway. Whenever it is necssary to excavate earth within the easements, the Grantee agrees to backfill such excavation in proper and workmanlike manner, so as to restore surface conditions as nearly as practicable to the same condition as prior to the excavation, including the restoration of such paved surfaces, if any, as may be damaged or disturbed as a part of such excavation. The easements, provided for herein shall include the right of the Grantee to cut any trees, brush and shrubbery, remove obstructions, and take other similar actions reasonably necessary to provide economical water tank and water line installation, operation and maintenance. Any facilities constructed within the permanent 40 -foot utility and drainage easement shall be the property of the Rivanna Water and Sewer Authority. ALL that certain parcel of land, with improvements thereon, containing 0.45 acres, more or less, described as "0.45 AC to be Acquired" on plat of Mayes, Scay, Mattern & Mittem, Inc., dated March 16,1989, recorded in the aforesaid Clerk's Office in Deed Book 1073, Page 260, as part of Certificate No. 89-1, recorded in the aforesaid Clerk's Office in Deed Book 1073, Page 544. (the "Plat"' TOGETHER WITH, a 20 -foot permanent water line easement as shown on the Plat. BEING the same property in all respects acquired by the Albemarle County Service Authority by Certificate No. 89-1, recorded in the aforesaid Clerk's Office in Deed Book 1073, Page 544, which Certificate was confuted by Order of the BK 192Opg048I Circuit Court of the County of Albemarle recorded in the aforesaid Clerk's Office in Deed Book 1144, Page 426. A permanent 40 -foot utility and drainage easement, together with a permanent access easement thereto within the boundaries of Colonnade Drive, as shown on plat of Hayes, Seay, Mattern & Matter, Inc., dated June 16, 1999, recorded in the Clerk's Office of the Circuit Comet of Albemarle County, in Deed Book 1079, Page 457; BEING a portion of the property conveyed to Grantor by deed of easement of Charlottesville Investment Properties, dated August 10, 1989, recorded in the aforesaid Clerk's Office in Deed Book 1079, Page 454.; This conveyance is subject to all matters set forth in the aforesaid deed of easement dated August 10, 1989. This conveyance is made subject to all easements, restrictions, reservations and conditions contained in duly recorded deeds, plats and other instruments constituting constructive notice of the chain of title to the above-described property which have not expired by time limitation contained therein, or otherwise become ineffective. This Deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-811 (aX3)- Witness the following Signatures and Seals: ALBEMARLE COUNTY SERVICE AUTHORITY By: - STATE OF GSW/COUNTY 0 The aforegoing instrument was acknowledged before me Ns ay of by,• k'iC�t 1d i (�AU of the Albemarle Count Service Authority. 1`Eotary Public My Commission Expires: L BK 1920PGO482 VIRGINIA: IN THE CLERKS OFFICE OF THE CIRCUIT COCRT OF ALBaIARLE: THLS DEED WAS PRESENTED. A.\D Wrm CERTIFICATE AA'!1'EXED. IS AMIRTED TO RECORD ON 3 . 2000 A : o o O•CLM �AI. STATE TAX 10391 LOCAL TAX S 4213! TRANSFER FEE I.T.T.F VSLF 5�-1.00 1145) CLERK'S FEE S 00- !.Holl PLAT $ SECT35.Ii02: TES1E: STATE TAX S SHELBI`J.INARSHALL.CLERC► LOCAL TAX S �---- (3w+ls LOCAL TAX S^ —t '3� 1: i TOTAL S. , QC LTS'CLERA 3 r,.'`� t •,,+d'd'b ^, ,k _•y, ,r IX Ant 4 ^ 4 � •M, N i tP 3 r,.'`� t •,,+d'd'b ^, ,k _•y, ,r IX Ant 4 ^ 4 � •M, -�� J- al t ( s l +y�l { CR v;Iv.pw,f 'x • _� ....% ._ •' '' .,a 1 .yrs;4 t`�: •,l L 'i�'w♦ i l') X77-1 a f r _ .'\ i � � •�� � •.fit a � � �, _ _ �. • " . �' ` BIZ r fs } - , $ � �l ri } '`!; `>. i f .r "" ti . t ' t j r r�. 1�> � ♦" .ctr � � � 13 • ,p, �bsd � ... 1 9� r.: � , v °�4f , tz•., k:.. sic �� � ! -r _„+S 1 , ,,, �. - as • }� x . x } � ' t • • ,t ' ' x xvj4 Its y 1 I , ' a � • , t , X .1► •e+S?� f �.>v: �.6 �`�jt.. ti= i � ` M , 5' =4,_ ?► Y,�,� ' -. 3 `3 -Y '� '`tA WT rK i. , pir v F. a ..7 •fit 1�.ti � � •� � �i t � ,,.,_ri, �� _� �. ♦ 1 K Y is . •..i � K 5' i - .1" - - �. r:. y Ai Af VV4 I. �F: i � Ear 4� +F_ Y • ?x♦ 'Y lrls. .rt � 1' i v .R, 14 t�,� . 4. 1` _ a' - �,�, ,�• it ��� .-:• � i4'7r riT 7 sem.; * !� • . � J �� �?� ��r�. 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