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Home My WebLink AboutSP201700026 Review Comments Appeal to BOS 2018-06-13 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 June 13, 2018 Milestone Communication c/o Lori Schweller LeClairRyan, 123 East Main Street 8th floor Charlottesville VA 22902 RE: SP201700026– Western Albemarle High School - Tier III PWSF Dear Lori: The Site Review Committee has reviewed the development proposal referenced above. Comments for the following divisions of the Department of Community Development and other agencies, as applicable, are provided below: Albemarle County Division of Planning Services (Planner) - Christopher Perez 1. [5.1.40(C)(2), 4.2, 5.1.40(a)12] Critical Slope Waiver Request. The plan does not depict the critical slopes being disturbed nor does the plan provide the required critical slope calculations for the amount of disturbance as the previous plans did. Staff previously had no objection to the critical slopes request; however, the revised plan set omits all required information for the waiver to be reviewed. Provide the information on the plans so staff can review and recommend an action on the critical slopes waiver. Rev: Comment addressed. 2. [5.1.40(b)(2)(a)] Number of Arrays. It has been County practice to permit multiple antennas at different heights to count as one array, but in order for this interpretation to hold the total of the square inches making up the group shall not exceed 1,400 square inches. The Shentel position contains 1 large antenna at 1,375 square inches and 3 supporting RRH units which total at 988.46 square inches1 for a combined group size of 2,388.46 square inches. Because the size of the group is larger than the ordinance permits an antenna to be then the group shall be counted as two arrays. Thus the number of arrays appears to be four (4). Request the special exception to permit 4 arrays. _____________________________ Below I offer definitions from the ordinance which will help explain this comment: 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. Rev: Comment addressed, applicant has requested a special exception for larger antenna sizes than 1,400 square inches. 3. [5.1.40(a)(4)(e)] Topography. The plan fails to depict topography of 2,000 feet in all directions of the facility. Revise. Rev: Comment addressed. 4. [Comment] Revise the PDF of the plan set to include updated sheet Z-12 depicting the tree schedule for plantings. Please send the revised combined PDF plan set. Rev: Comment addressed. 5. [5.1.40(c)(3)] Setbacks. Sheet Z-1, monopole setbacks chart incorrectly lists 135’ as the setback required; however, it is truly based on a 1 to 1 setback, as the heights is 145’ so is the required setback. The proposal meets this setback but the chart is incorrect. Rev: Comment addressed. 6. [ 5.1.40(C)(6), 32] Site Plan. The site is well over the 10,000 SF threshold of disturbance (specifically 16,988.4 SF), as such a VSMP is required. Because of this, the following shall be a condition of the SP: 1 (1900 RRH = 254.4 square inches) + (2500 RRH = 485.46 square inches) + (800 RRH = 248.6 square inches) = 988.46 square inches “Prior to the issuance of a building permit a VSMP permit will be required.” 7. [5.1.40(b)(11), 5.1.40(a)12] Color of Monopole, Antennas, and Equipment. The color Java brown is preferred for the monopole and all equipment. This will be a condition of the SP. Rev: Comment addressed, a note of the color Java Brown has been provided on the plans. 8. [5.1.40(b)2(c), 5.1.40(a)12] Projection. You have requested a special exception (SE) to the flush mount provisions of the ordinance to allow the closest point of the back of the antenna to project more than the permitted twelve (12) inches from the monopole. However, all arrays will still comply with the 18” maximum standoff distance for the farthest point of the back of the antenna. Staff does not have any objection to this SE request. Rev: Nothing for the applicant to address, merely information purposes. Albemarle County Division Architectural Review Board (ARB) – Margaret Maliszewski 1. An overhead utility line is present above the chain link fence. The row of eastern red cedar trees will need to be planted a sufficient distance away to avoid interfering with the overhead lines. Rev: Comment still relevant. Albemarle County Department of Fire Rescue - Robbie Gilmer 1. No objections. Albemarle County Engineering Division (Engineer) – Frank Pohl 1) Steep slopes and stream buffer limits should be shown on the plans. Rev: Comment addressed. 2) Disturbed area is shown as 12,298 sf, therefore, a separate VSMP application is required. Offsite nutrient credits may be required if onsite treatment is not provided. Bonding will be required prior to issuance of grading permit. Rev: Comment addressed. 3) A paved construction entrance is required. Replace the stone construction entrance detail with the paved detail. Rev: Comment addressed. Albemarle County Natural Resources Manager - David Hannah It appears the site for the monopole requires clearing approximately 4,500 square feet of existing woods/forest. The area to be cleared is at the edge of a large wooded buffer area that is beside an intermittent stream. The intermittent stream flows into nearby Stockton Creek. Maintaining the wooded stream buffers in this area is important. Locating the monopole in an already existing cleared or disturbed area would be preferable to clearing trees. However, given the relatively small area to be cleared, and its location on the outer edge of the existing woods, I do not have serious concerns. If the location of the monopole should change, or the size of the area to be cleared is increased, I will need to reassess. Albemarle County Building Inspections – Michael Dellinger 1. Electrical permit for service required from County. All other inspections are to be performed by third party engineer. Rev: Comment still relevant. Albemarle County Service Authority (ACSA) - Alex Morrison No objection. Virginia Department of Transportation (VDOT) – Adam Moore Albemarle County Division of Planning (E911) – Elise Kiewra 1. No objection. Action after Receipt of Comments If the applicant chooses to move forward with the application as it is (without a resubmittal), the tentative PC public hearing date is June 26, 2018; however, notification fees for this meeting are needed by noon of June 5, 2018. If the applicant wishes to stay on this schedule the tentative BOS date to September 12. After you have read this letter, please take one of the actions identified on “Action after Receipt of Comment Letter” which is attached. Resubmittal If you resubmit, please use the attached form. The resubmittal date schedule is provided for your convenience. Notification and Advertisement Fees $347 Cost for newspaper advertisement $215.00 Cost for notification of adjoining owners (minimum $215 + actual postage/$1 per owner after 50 adjoining owners) $562 Total amount due prior to Planning Commission public hearing Rev: Comment addressed, fees paid. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Feel free to contact me if you wish to meet or need additional information. I can be reached at cperez@albemarle.org or 434-296-5832, ext. 3443. Sincerely, Christopher P. Perez Senior Planner Planning Division DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. Be sure to include the resubmittal form on the last page of your comment letter with your submittal. The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission’s published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty-one (21) days before the Planning Commission’s public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty- two (22) days prior to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad Payments for Public Hearings form. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission’s public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant’s attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. * * * * * Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees may be paid in cash or by check and must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. FEE SCHEDULE FOR ZONING APPLICATIONS A. For a special use permit: 1. Additional lots under section 10.5.2.1; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 2. Public utilities; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 3. Day care center; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 4. Home occupation Class B; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 5. Amend existing special use permit; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 6. Extend existing special use permit; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 7. All other special use permits; application and first resubmission Fee ................................................................................................................................................... $2,150.00 Each additional resubmittal ............................................................................................................. $1,075.00 8. Deferral of scheduled public hearing at applicant’s request Fee ...................................................................................................................................................... $194.00 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 June 4, 2018 Milestone Communication c/o Lori Schweller LeClairRyan, 123 East Main Street 8th floor Charlottesville VA 22902 RE: SP201700026– Western Albemarle High School - Tier III PWSF Dear Lori: The Site Review Committee has reviewed the development proposal referenced above. Comments for the following divisions of the Department of Community Development and other agencies, as applicable, are provided below: Albemarle County Division of Planning Services (Planner) - Christopher Perez 1. [5.1.40(C)(2), 4.2, 5.1.40(a)12] Critical Slope Waiver Request. The plan does not depict the critical slopes being disturbed nor does the plan provide the required critical slope calculations for the amount of disturbance as the previous plans did. Staff previously had no objection to the critical slopes request; however, the revised plan set omits all required information for the waiver to be reviewed. Provide the information on the plans so staff can review and recommend an action on the critical slopes waiver. 2. [5.1.40(b)(2)(a)] Number of Arrays. It has been County practice to permit multiple antennas at different heights to count as one array, but in order for this interpretation to hold the total of the square inches making up the group shall not exceed 1,400 square inches. The Shentel position contains 1 large antenna at 1,375 square inches and 3 supporting RRH units which total at 988.46 square inches1 for a combined group size of 2,388.46 square inches. Because the size of the group is larger than the ordinance permits an antenna to be then the group shall be counted as two arrays. Thus the number of arrays appears to be four (4). Request the special exception to permit 4 arrays. _____________________________ Below I offer definitions from the ordinance which will help explain this comment: 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. 3. [5.1.40(a)(4)(e)] Topography. The plan fails to depict topography of 2,000 feet in all directions of the facility. Revise. 4. [Comment] Revise the PDF of the plan set to include updated sheet Z-12 depicting the tree schedule for plantings. Please send the revised combined PDF plan set. 5. [5.1.40(c)(3)] Setbacks. Sheet Z-1, monopole setbacks chart incorrectly lists 135’ as the setback required; however, it is truly based on a 1 to 1 setback, as the heights is 145’ so is the required setback. The proposal meets this setback but the chart is incorrect. 6. [ 5.1.40(C)(6), 32] Site Plan. The site is well over the 10,000 SF threshold of disturbance (specifically 16,988.4 SF), as such a VSMP is required. Because of this, the following shall be a condition of the SP: “Prior to the issuance of a building permit a VSMP permit will be required.” 7. [5.1.40(b)(11), 5.1.40(a)12] Color of Monopole, Antennas, and Equipment. The color Java brown is 1 (1900 RRH = 254.4 square inches) + (2500 RRH = 485.46 square inches) + (800 RRH = 248.6 square inches) = 988.46 square inches preferred for the monopole and all equipment. This will be a condition of the SP. 8. [5.1.40(b)2(c), 5.1.40(a)12] Projection. You have requested a special exception (SE) to the flush mount provisions of the ordinance to allow the closest point of the back of the antenna to project more than the permitted twelve (12) inches from the monopole. However, all arrays will still comply with the 18” maximum standoff distance for the farthest point of the back of the antenna. Staff does not have any objection to this SE request. Albemarle County Division Architectural Review Board (ARB) – Margaret Maliszewski 1. An overhead utility line is present above the chain link fence. The row of eastern red cedar trees will need to be planted a sufficient distance away to avoid interfering with the overhead lines. Albemarle County Department of Fire Rescue - Robbie Gilmer 1. No objections. Albemarle County Engineering Division (Engineer) – Frank Pohl 1) Steep slopes and stream buffer limits should be shown on the plans. 2) Disturbed area is shown as 12,298 sf, therefore, a separate VSMP application is required. Offsite nutrient credits may be required if onsite treatment is not provided. Bonding will be required prior to issuance of grading permit. 3) A paved construction entrance is required. Replace the stone construction entrance detail with the paved detail. Albemarle County Natural Resources Manager - David Hannah It appears the site for the monopole requires clearing approximately 4,500 square feet of existing woods/forest. The area to be cleared is at the edge of a large wooded buffer area that is beside an intermittent stream. The intermittent stream flows into nearby Stockton Creek. Maintaining the wooded stream buffers in this area is important. Locating the monopole in an already existing cleared or disturbed area would be preferable to clearing trees. However, given the relatively small area to be cleared, and its location on the outer edge of the existing woods, I do not have serious concerns. If the location of the monopole should change, or the size of the area to be cleared is increased, I will need to reassess. Albemarle County Building Inspections – Michael Dellinger 1. Electrical permit for service required from County. All other inspections are to be performed by third party engineer. Albemarle County Service Authority (ACSA) - Alex Morrison No objection. Virginia Department of Transportation (VDOT) – Adam Moore Albemarle County Division of Planning (E911) – Elise Kiewra 1. No objection. Action after Receipt of Comments If the applicant chooses to move forward with the application as it is (without a resubmittal), the tentative PC public hearing date is June 26, 2018; however, notification fees for this meeting are needed by noon of June 5, 2018. If the applicant wishes to stay on this schedule the tentative BOS date to September 12. After you have read this letter, please take one of the actions identified on “Action after Receipt of Comment Letter” which is attached. Resubmittal If you resubmit, please use the attached form. The resubmittal date schedule is provided for your convenience. Notification and Advertisement Fees $347 Cost for newspaper advertisement $215.00 Cost for notification of adjoining owners (minimum $215 + actual postage/$1 per owner after 50 adjoining owners) $562 Total amount due prior to Planning Commission public hearing Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Feel free to contact me if you wish to meet or need additional information. I can be reached at cperez@albemarle.org or 434-296-5832, ext. 3443. Sincerely, Christopher P. Perez Senior Planner Planning Division DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. Be sure to include the resubmittal form on the last page of your comment letter with your submittal. The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission’s published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty-one (21) days before the Planning Commission’s public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty- two (22) days prior to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad Payments for Public Hearings form. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission’s public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant’s attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. * * * * * Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees may be paid in cash or by check and must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. FEE SCHEDULE FOR ZONING APPLICATIONS A. For a special use permit: 1. Additional lots under section 10.5.2.1; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 2. Public utilities; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 3. Day care center; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 4. Home occupation Class B; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 5. Amend existing special use permit; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 6. Extend existing special use permit; application and first resubmission Fee ................................................................................................................................................... $1,075.00 Each additional resubmittal ................................................................................................................ $538.00 7. All other special use permits; application and first resubmission Fee ................................................................................................................................................... $2,150.00 Each additional resubmittal ............................................................................................................. $1,075.00 8. Deferral of scheduled public hearing at applicant’s request Fee ...................................................................................................................................................... $194.00 Charles A. Kilpatrick, P.E. Commissioner COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Foad Culpeper, Virginia 227D1 December 05, 2017 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Chris Perez Re: Western Albemarle High School -Tier III-PWSF- Site Plan SDP-2017-00026 Review #1 Dear Mr. Perez: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as submitted by Timmons Group, dated October 30, 2017 and find it to be generally acceptable. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434) 422-9399 for information pertaining to this process. If further information is desired, please contact Willis C. Bedsaul at 434-422-9866. Sincerely, l� Adam J. Moore, P.E. Area Land Use Engineer Charlottesville Residency WE KEEP VIRGINIA MOVING