June
18, 2008
Stephen
Waller AICP
536
Pantops Center PMB #320
Charlottesville, VA 22911
RE: SP2008-00012
Embarq (Verizon Wireless) – Tier III PWSF
Tax Map 61,
Parcel 129C
Dear
Mr. Waller:
The
Albemarle County Planning Commission, at its meeting on June 3, 2008,
recommended approval of the above-noted petition to the Board of Supervisors.
Please
note that this approval is subject to the following conditions:
-
The tower shall not be
increased in height;
-
All antennae, dishes and
their replacements attached to the tower shall be used for personal wireless
service providers;
-
Additional and
replacement antenna arrays may be attached only as follows:
-
Omni-directional or
whip antennas shall not exceed twenty (20) feet in height or seven (7)
inches in diameter, and shall be of a color that matches the tower;
-
Directional or panel
antennas shall not exceed seven (7) feet in height or two (2) feet in
width, and shall be of a color that matches the tower;
-
Existing arrays of
directional and panel antennas that are mounted with brackets that
separate them by more than (12) inches from the structure may remain.
This condition shall not pertain to the maintenance and/or replacement
of a single panel antenna that malfunctions or is in need of repair.
-
Not more than six (6)
satellite or microwave dishes may be attached to the tower at one time, and
only as follows.
-
The existing six (6)
foot diameter grid dish that is subject to this request may be replaced
by the specified six (6) foot diameter High Performance dish at a height
that is not more than 95.5 feet;
-
Other existing
satellite and microwave dishes may be replaced on the tower by the same
type of dish, provided that the diameter of the replacement dish does
not exceed the diameter of the dish being removed, the color of the
replacement dish matches the tower, and the mounting height does not
exceed that of the dish being replaced;
-
Other existing
satellite and microwave dishes may be replaced on the tower by a
different type of dish if the mounting height is no less than twenty
(20) feet below that of the dish being removed, the diameter of the
replacement dish does not exceed that of the dish being removed, and the
color of the replacement dish matches the tower;
-
Other existing
satellite and microwave dishes may be replaced by a different type of
dish if the proposed mounting height of the replacement dish does not
satisfy the height requirements of condition 4c with the written
approval of the Zoning Administrator. This approval shall only be
granted after the submission of a microwave path survey indicating that
the proposed replacement dish will be mounted at the lowest possible
height that allows the system to function. In such a case, the path
survey shall demonstrate the reason(s) why the proposed height is the
lowest possible height, but in no case shall the replacement be higher
than the dish it is replacing;
-
All replacement
satellite or microwave dishes shall be mounted as close to the face of
the pole as structurally and mechanically possible and, in no case,
shall the distance between the back of the dish and the face of the pole
be greater than eighteen (18) inches; and
-
Prior to the
issuance of a building permit for replacing a dish, the applicant shall
provide engineered drawings demonstrating the dimensions of the existing
dish to be removed and its replacement dish, and additional information
demonstrating the mounting distance between the pole and the dish to the
Department of Building Code and Zoning Services.
5.
The current
owner and any subsequent owners of the tower shall submit a report to the
Zoning Administrator once (1) per year, by not later than July 1 of that year.
The report shall identify each user of the tower and that each user is a
personal wireless communications service provider;
-
The permittee shall
comply with Section 5.1.12c of the Zoning Ordinance; and
-
The facility shall be
disassembled and removed from the site within ninety (90) days of the date
its use for personal wireless communications services purposes is
discontinued. If the Zoning Administrator determines at any time that
surety is required to guarantee that the facility will be removed as
required, the permittee shall furnish to the Zoning Administrator a
certified check, a bond with surety satisfactory to the County, or a letter
of credit satisfactory to the County, in an amount sufficient for, and
conditioned upon, the removal of the facility. The type of surety guarantee
shall be to the satisfaction of the Zoning Administrator and the County
Attorney.
-
All work shall be done
in general accord with what is described in the applicant's request and site
construction plans, entitled “Rio Road, Embarq Property”, with a final
zoning drawing submittal date of 3/10/2008.
-
The following shall be
submitted to the agent after installation of the antenna is completed and
prior to issuance of a certificate of occupancy: (i) certification by a
registered surveyor stating the height of the antenna, measured both in feet
above ground level and in elevation above mean sea level, using the
benchmarks or reference datum identified
-
The applicant shall
provide landscaping along Rio Road East generally as shown on the Landscape
Plan by J. Thomas Dalton sealed 5-21-08, with a final landscaping plan to be
administratively approved by staff.
-
No antennas shall
project from the monopole to a distance that is greater than that of the
narrowest of the five (5) existing full sector panel antennae arrays on the
pole. The existing mounting bracket to be removed as shown on Attachment A.
The motion was approved by a
vote of 4:2.
Zoning Ordinance Waivers:
-
Section 5.1.40 (c) (4) -
Requirement for a tree conservation plan to be submitted prior to the
issuance of a building permit.
-
Section 5.1.40 (c) (5) -
The installation, operation and maintenance of the facility to be conducted
in accordance with the tree conservation plan.
The motion was approved by a
vote of 6:0.
Please
be advised that the Albemarle County Board of Supervisors will review this
petition and receive public comment at their meeting on July 2, 2008.
View staff
report and attachments
View PC minutes
Return to regular
agenda
If you
should have any questions or comments regarding the above noted action, please
do not hesitate to contact me at (434) 296-5832.
Sincerely,
Megan
Yaniglos
Senior
Planner
Zoning
and Current Development Division