ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY

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1 ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP Heard s Mountain- Verizon Wireless Tier III PWSF Planning Commission Public Hearing: October 5, 2010 Owners: Centel Cellular Company Acreage: 0 (Lease Area: 5,682 square feet) TMP: Tax Map 97, Parcel 4F Location: On Heard's Mountain Trail (State Route 633) approximately 2 miles west of the intersection of Heard's Mountain Trail and Hungrytown Road (State Route 698). Magisterial District: Samuel Miller Staff: Megan Yaniglos, Senior Planner Board of Supervisors Hearing: TBD Applicant: Alltel Communications of Virginia, Inc Rezone from: Not applicable Special Use Permit for: (48) Special Use Permit, which allows for Tier III personal wireless facilities in the RA Zoning District. By-right use: RA, Rural Areas Proffers/Conditions: Yes Requested # of Dwelling Units/Lots: N/A DA - RA - X Proposal: Replace three (3) existing microwave dishes with (2) new dishes at heights of 74 and 90 feet and replace four whip antennas and six panel antennas with a single full sectored array of up to twelve panel antennas on an existing 150 foot tower on Heard's Mountain (which requires a waiver/modification of section C.3). Character of Property: Wooded and Mountainous terrain with multiple existing Personal Wireless Service Facilities creating a small tower farm at the top of the mountain. Factors Favorable: 1. The existing monopole currently represents an opportunity site. 2. The changes to the site will have minimal impact on the adjoining areas. Comp. Plan Designation: Rural Area in Rural Area 3. Use of Surrounding Properties: Rural Areassingle family residential Factors Unfavorable: none Zoning Ordinance Waivers and Recommendations: 1. Section [48] and Section Personal Wireless Facility- Tier III co-location- array antenna, microwave dishes, and whip antenna on existing tower- approval 1

2 STAFF CONTACT: Megan Yaniglos, Senior Planner PLANNING COMMISSION: October 5, 2010 BOARD OF SUPERVISORS: AGENDA TITLE: PROPERTY OWNER: APPLICANT: TBD SP : Heard s Mountain- Verizon Wireless Tier III Centel Cellular Company Alltel Communications of Virginia, Inc. PROPOSAL: This is a proposal to replace three (3) existing microwave dishes with (2) new dishes at heights of 74 and 90 feet and replace four whip antennas and six panel antennas with a single full sectored array of up to twelve panel antennas on an existing 150 foot tower on Heard's Mountain [Attachments A and C]. The property is 0 acres, described as Tax Map 97, Parcel 4F, is located in the Samuel Miller Magisterial District and is zoned RA, Rural Areas. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property as Rural Area in Rural Area 3. CHARACTER OF THE AREA: The proposed site is located on Heard's Mountain Trail [State Route 633] approximately 2 miles west of the intersection of Heard's Mountain Trail and Hungrytown Road [State Route 698] [Attachment A]. This site also contains other similar personal wireless service facilities that creates a small tower farm at the top of the mountain.the surrounding parcels are zoned Rural Areas [RA] and the property is located in the Mountain Overlay District. PLANNING AND ZONING HISTORY: SP Centel Cellular Company of Charlottesville Approval granted with conditions for a request for the construction of a 150 foot monopole [Attachment D]. DISCUSSION: The existing monopole has a top height of 150 feet. Verizon Wireless currently owns and maintains three (3) microwave dishes (mounted at heights of 75 feet, 105 feet, and 112 feet), and sectored array containing four (4) whip antennas with centerline mounts at heights of 128 feet and 155 feet on the tower and two sets of flush mounted panel antennas (6 total) at 139 feet and 144 feet. All of the equipment was acquired by Verizon Wireless from Alltel when the two companies merged. The proposed facility requires approval of a Tier III special use permit, since the applicant is proposing the removal of all three of the existing Alltel microwave dishes and replacing them with two (2) new dishes at heights of 74 feet and 90 feet. The applicant is also proposing to replace the existing four whip antennas that extend above the tower and six flush mounted panel 2

3 antennas with a single full sectored array of up to twelve (12) panel antennas on an existing platform mount at the top of the existing tower. Along with the removal and replacement changes, the applicant is requesting a modification in accordance with Section 5.1 (a) to requirement of Sections (c)(4) and (c)(5) which states that a tree conservation plan be submitted prior to the issuance of a building permit, and that the installation, operation and maintenance be in accordance with the tree conservation plan. The proposal will also need a modification to Section (c)(3) to allow array antenna in place of the requirement for flush mounted antenna. The Planning Commission will need to make findings on the appropriateness of the proposed personal wireless facility. If the Planning Commission approves the personal wireless facility it will need to act on the modifications listed below: Zoning Ordinance Modifications 1. Section (c)(4)- Requirement for a tree conservation plan to be submitted prior to the issuance of a building permit. 2. Section (c)(5)- The installation, operation and maintenance of the facility to be conducted in accordance with the tree conservation plan. 3. Section (c)(3)-mounting standard to allow array antennas. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST: Section of the Zoning Ordinance below requires that special use permits be reviewed as follows: Will the use be of substantial detriment to adjacent property? The tower is existing and currently is not a detriment to the adjacent property. It is Staff s opinion that the replacement of the microwave antennas and the replacement of the whip antennas and flush mounted antennas with an array of up to 12 panel antennas will not cause the existing tower to be a detriment to the adjacent property. Will the character of the zoning district change with this use? The addition of another PWSF should not impact the character of the district. Will the use be in harmony with the purpose and intent of the zoning ordinance? Staff has reviewed the provisions of Sections 1.4, 1.5, 1.6 and 10.0 of the Zoning Ordinance. The modification of the location of the antenna will allow this facility to provide enhanced services to the County and therefore staff opinion is that this request is in harmony with the purpose and intent of the ordinance, specifically the provisions of Section 1.4 Will the use be in harmony with the uses permitted by right in the district? The existing facility has existed without adversely impacting uses permitted in the district. No significant adverse impacts on adjacent properties in the district are anticipated due to the modification of this facility. This facility will be in harmony with the uses permitted by right in the district. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? The purpose of Section is to implement the personal wireless service facilities policy. 3

4 This proposal does conform with the County s Personal Wireless Service Facilities Policy. On pages 48 and 50 of the Policy it states that antenna arrays do not comply with the design guidelines and are highly visible and are discouraged, flush mounted antennas are recommended. Staff s opinion is that although antenna arrays are discouraged, there are existing array antennas on the existing structure and the proposal does not result in additional visual impact. Section (a) of the Zoning Ordinance addresses the installation of public utility structures such as towers and antennas by stating, in part, that those items shall not endanger the health and safety of workers and/or residents, and will not impair or prove detrimental to neighboring properties. In order to operate this facility, the applicant is required to comply with all of the Federal Communication Commission (FCC) guidelines that are intended to protect the public health and safety from high levels of radio frequency emissions and electromagnetic fields that are associated with wireless broadcasting and telecommunications facilities. Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community is protected through the special use permit process, which assures that uses approved by special use permit are appropriate in the location requested. In this case, the proposed facility will give Verizon the ability to upgrade the existing equipment and therefore offer a better range of services, and increase the levels of quality and coverage in addition to the required E911 call services. This can be seen as contributing to the public health, safety and welfare on a regional level. Compliance with Section of the Zoning Ordinance The county s specific design criteria for Tier III facilities as set forth in section (e) are addressed as follows. Section (e) Tier III facilities. Each Tier III facility may be established upon approval of a special use permit issued pursuant to section of this chapter, initiated upon an application satisfying the requirements of subsection (a) and section , and it shall be installed and operated in compliance with all applicable provisions of this chapter and the following: 1. The facility shall comply with subsection (b) subsection (c)(2) through (9) and subsection (d)(2),(3),(6) and (7), unless modified by the board of supervisors during special use permit review. 2. The facility shall comply with all conditions of approval of the special use permit. Requirements of subsection (a) application for approval and section special use permits have been met. Compliance with Section (e) of the Zoning Ordinance: The County's specific design criteria for Tier III facilities set forth in Section (e)(1) and (e)(2) are addressed as follows: [Ordinance sections are in italics] Subsection (b) (1-5): Exemption from regulations otherwise applicable: Except as otherwise exempted in this paragraph, each facility shall be subject to all applicable regulations 4

5 in this chapter. The proposed antennas for the modifications to this existing Personal Wireless Service Facility will be attached on existing brackets and pipe mounts that can be viewed as part of the monopole. Attached site drawings, antennae and equipment specifications have been provided to demonstrate that personal wireless service facilities (PWSF) regulations and any relevant site plan requirements set forth in Section 32 of the zoning ordinance have been addressed. Subsection (c)(2): The facility shall be designed, constructed and maintained as follows: (i) guy wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as required by section 4.17 of this chapter; (iii) any equipment cabinet not located within the existing structure shall be screened from all lot lines either by terrain, existing structures, existing vegetation, or by added vegetation approved by the county s landscape planner; (iv) a whip antenna less than six (6) inches in diameter may exceed the height of the existing structure; (v) 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 facility or the structure; and (vi) within one month after the completion of the installation of the facility, the applicant shall provide a statement to the agent certifying that the height of all components of the facility complies with this regulation. The existing structure proposed to support the antenna co-location is a steel monopole tower. The tower currently supports microwave dishes, sectored array antenna, flush mounted antenna, and whip antenna. The proposed antenna does not require the installation of guy wires. No additional lighting or structures are proposed. Subsection (c)(3): Equipment shall be attached to the exterior of a structure only as follows: (i) the total number of arrays of antennas attached to the existing structure shall not exceed three (3), and each antenna proposed to be attached under the pending application shall not exceed the size shown on the application, which size shall not exceed one thousand one hundred fifty two (1152) square inches; (ii) no antenna shall project from the structure beyond the minimum required by the mounting equipment, and in no case shall any point on the face of an antenna project more than twelve (12) inches from the existing structure; and (iii) each antenna and associated equipment shall be a color that matches the existing structure. For purposes of this section, all types of antennas and dishes regardless of their use shall be counted toward the limit of three arrays. Since this request proposes an array of antennas that will not be flush-mounted on an existing monopole, the replacement of microwave dishes, and the replacement of whip antennas, a modification of this section is required. The proposal consists of the removal of all three of the existing Alltel microwave dishes and replacement with two (2) new dishes at heights of 74 feet and 90 feet. The proposal also includes a request to replace the existing four whip antennas that extend above the tower and six flush mounted panel antennas with a single full sectored array of up to 12 panel antennas on the existing platform mount at the top of the tower [Attachment B]. It is Staff s opinion that the proposed modification to this section to allow array antennas in place of flush-mounted will not have a measureable increase in adverse visual impacts to open space resources, or adjacent properties than what currently exists. 5

6 Subsection (c)(4): Prior to issuance of a building permit, the 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 assure that all applicable requirements have been satisfied. The plan shall specify tree protection methods and procedures, and identify all existing trees to be removed on the parcel for the installation, operation and maintenance of the facility. Except for the tree removal expressly authorized by the agent, 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. In addition, the agent may identify additional trees or lands up to two hundred (200) feet from the lease area to be included in the plan. The applicant is requesting a waiver of this requirement in accordance with Section 5.1 (a) since the proposal is for a co-location on an existing monopole and no existing trees in the vicinity of the site will be impacted. Subsection (c)(5)The installation, operation and maintenance of the facility shall be conducted in accordance with the tree conservation plan. Dead and dying trees identified by the arborist s report may be removed if so noted on the tree conservation plan. If tree removal is later requested that was not approved by the agent when the tree conservation plan was approved, the applicant shall submit 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 assure that the purposes of this paragraph are achieved. The applicant is requesting a waiver of this requirement in accordance with Section 5.1 (a) since the proposal is for a co-location on an existing monopole and no existing trees in the vicinity of the site will be impacted. Subsection (c)(6): The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes 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) the annual report states that the tower or pole is no longer being used for personal wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in technology that makes it likely that tower or pole will be unnecessary in the near future; (iv) the permittee fails to comply with applicable regulations or conditions; (v) the permittee fails to timely remove another tower or pole within the county; and (vi) whenever otherwise deemed necessary by the agent. Should use of the antennae site in this location become discontinued at anytime in the future, Verizon and/or its assignee(s) will be required to remove the facility within 90 days. Subsection (c)(7): The owner of the facility shall submit a report to the agent by no earlier than May or and no later than July 1 of each year. The report shall identify each user of the existing structure, and include a drawing, photograph or other illustration identifying which equipment is owned and/or operated by each personal wireless service provider. Multiple users on a single tower or other mounting structure may submit a single report, provided that the 6

7 report includes a statement signed by a representative from each user acquiescing in the report. After the proposed facility has been installed, Verizon Wireless has stated that they will ensure that the required annual report is submitted to accurately account for all existing and proposed equipment on Personal Wireless Service Facilities at this site. Subsection (c)(8): No slopes associated with the installation of the facility and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are employed. No slopes associated with the installation of the facility are steeper than 2:1. Subsection (c)(9): Any equipment cabinet not located within an existing building 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. The proposed modifications will not require any additional fencing aside from what is existing and/or has been previously approved. Section (d)(2): The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of their distance from the facility. If the facility would be visible from a state scenic river or a national park or national forest, regardless of whether the site is adjacent thereto, the facility also shall be sited to minimize its visibility from such 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. The proposed modification will not necessitate any increase in the overall height of the tower, and the proposed antennas will be at a lower height than the existing antennas on the monopole. The proposal will not have any additional visual impacts to adjacent properties that what currently exists. Section (d)(3): The facility shall not adversely impact resources identified in the county s open space plan. Staff s analysis of this request addresses the concern for the possible loss of aesthetic or historic resources. The proposed lease area is located within Mountain Overlay District in the Open Space Plan [Attachment E]. However, Staff believes that the removal and replacement of the antennas will not have any measureable increase in adverse impacts on the Mountain Overlay District that what already exists. Section (d)(6): The top of the monopole, measured in elevation above mean sea level, shall not exceed the height approved by the commission. The approved height shall not be more than seven (7) 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 pole above the pre-existing natural 7

8 ground elevation; provided that the height approved by the commission may be up to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the commission that there is not a material difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree; and there is not a material difference in adverse impacts to resources identified in the county s open space plan caused by the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree. The applicant may appeal the commissioner s denial of a modification to the board of supervisors as provided in subsection (d)(12). The proposed facility will utilize and existing structure for its antenna mount. Section (d)(7): Each wood monopole shall be a dark brown natural wood color; each metal or concrete monopole shall be painted a brown wood color to blend 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 cabinet, 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 be of such a color if they are enclosed within or behind an approved structure, façade or fencing that: (i) is a color that closely matches that of the monopole; (ii) is consistent with the character of the area; and (iii) makes the ground equipment and concrete pad invisible at any time of year from any other parcel or a public or private street. The proposed antennas will be painted to match the color of the existing tower and mounts, which has a galvanized steel finish. The proposed microwave dishes will be colored the same as the existing dishes currently attached to the tower. No additional ground equipment is being proposed. Section (e)2: The facility shall comply with all conditions of approval of the special use permit. If this special use permit request is approved it will have to continually comply with the conditions of the special use permit.. Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996: This application is subject to the Telecommunications Act of 1996, which provides in part that the regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof (I) shall not unreasonably discriminate among providers of functionally equivalent services; (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. 47 U.S.C. In order to operate this facility, the applicant is required to comply with the FCC guidelines for radio frequency emissions that are intended to protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless services. However, both do implement specific policies and regulations for the siting and design of wireless facilities. It is staff s opinion that this proposal is consistent with the County s Personal Wireless Service Facilities policy. The denial of this proposal would not unreasonably discriminate among providers of equivalent services, or prohibit the provision of personal 8

9 wireless services, as the applicant could conform with the previous special use permit conditions. RECOMMENDATION: Staff recommends approval of the proposed personal wireless service facility based on the analysis provided herein. If the Planning Commission approves the personal wireless facility it will need to act on the modification request for the requirement of a tree conservation plan. The modifications are outlined below: Zoning Ordinance Modifications 4. Section (c)(4)- Requirement for a tree conservation plan to be submitted prior to the issuance of a building permit. 5. Section (c)(5)- The installation, operation and maintenance of the facility to be conducted in accordance with the tree conservation plan. 6. Section (c)(3)-mounting standard to allow array antennas. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 3. The existing monopole currently represents an opportunity site. 4. The changes to the site will have minimal impact on the adjoining areas. Factors unfavorable to this request include: none In order to comply with Section (d) of the Zoning Ordinance, the Planning Commission is required to provide the applicant with a statement regarding the basis for denial and all items that will have to be addressed to satisfy each requirement. Conditions of approval: 1. Tower height not to exceed 150 feet; 2. Administrative approval of site plan to include: a. Staff approval of equipment building(s) and other improvements. (The additional condition that the tower shall comply with Section will cover this old condition from SP ) 3. Existing Forestry tower to be removed prior to construction of new tower; (This tower has already been removed). 4. Staff approval of additional (future) antennae installation. No administrative approval shall constitute or imply support for, or approval of, the location of additional towers, antennae, etc., even though they may be part of the same network or system as any antennae administratively approved under this petition. (The additional condition that the tower shall comply with Section will cover this old condition from SP 9

10 ) 5. There shall be lighting on the Centel tower unless required by a federal agency. (The additional condition that the tower shall comply with Section will cover this old condition from SP ) 6. All work shall be done in general accord with what is described in the applicant s request [Attachment B]. 7. The tower shall comply with Section of the Zoning Ordinance, except for the modifications of Section (c)(4), Section (c)(5), and Section (c)(3). ATTACHMENTS: A. Vicinity Map B. Applicant Justification Letter C. Photos of Existing Facility D. SP Conditions E. Open Space Plan 10