PRIVATE ALBEMARLE COUNTY PLANNING

STAFF REPORT SUMMARY

 

Project Name:  SP 07-050: Carters Mountain (ATC) –Verizon Tier III PWSF

Staff:  Gerald Gatobu

Planning Commission Public Hearing: 

January 15, 2008

Board of Supervisors Hearing:

February 13, 2008

Owners:  Crown Orchard Company

Applicant: American Tower Corporation/Verizon

Acreage: 234.165 (TMP 91-28)

(Lease Area is part of this larger piece)

Rezone from: Not applicable

Special Use Permit for: Sec. 10.2.2 (48) which allows for Tier III personal wireless facilities in the RA Zoning District

TMP:  Tax Map 91, Parcel 28

Location: Carters Mountain Trail, 1 mile south of Thomas Jefferson Parkway [Route #53] at top of mountain

By-right use: RA, Rural Areas;  Property also has an existing Special Use Permit, last amended as SP 00-072, for the co-location of an additional array of antennas on an existing tower.

Magisterial District: Scottsville

Proffers/Conditions: Yes

Requested # of Dwelling Lots: N/A

DA –                   RA – Yes

Proposal: co-location of one new array consisting of six (6) new antennas at approximately 220 feet on an existing 270-foot tall guyed tower with additional supporting ground equipment and

two (2) amendments to the conditions of SP 00-072;

 

Comp. Plan Designation: The Comprehensive Plan designates this property as Rural Areas in Rural Area 4.

Character of Property: located on a tower farm with several other tower structures of varied heights and sizes; Neighboring properties are all wooded and residential.

Use of Surrounding Properties:  Adjacent to Carter’s Mountain Orchard and several other towers

Factors Favorable: see report

Factors Unfavorable: see report

RECOMMENDATION:

Staff recommends approval with conditions as presented in the Staff Report.

 

 

STAFF PERSON:                                          Gerald Gatobu 

PLANNING COMMISSION:                      January 15, 2008

BOARD OF SUPERVISORS:                      February 13, 2008

 

AGENDA TITLE:                                         SP 2007-050 Carters Mountain –Verizon Tier III PWSF

 

APPLICANT:                                                 American Tower Corporation/Verizon

PROPERTY OWNER(S):                             Crown Orchard Company

                               

APPLICANT’S PROPOSAL:

The applicant's proposal is for the co-location of one new array consisting of six (6) new antennas at approximately 220 feet on an existing 270-foot tall guyed tower with additional supporting ground equipment (Attachment A). Transmitting equipment will be housed within a prefabricated shelter that has measurements of 12’x 30’x 10.58’ (W x L x H) and a stand-alone emergency power generator will also be set at the tower’s base. The property, described as Tax Map 91 Parcel 28, contains approximately 234.165 acres, and is zoned RA, Rural Areas (Attachment B). This site is located in the Scottsville Magisterial District, on Carters Mountain Trail, 1 mile south of Thomas Jefferson Parkway [Route #53] at the top of the mountain.

 

COMPREHENSIVE PLAN:

The Comprehensive Plan designates this property as Rural Areas in Rural Area 4.

 

REASON FOR PLANNING COMMISSION REVIEW:

SECTION: 10.2.2 (48) of the Zoning Ordinance which allows for Tier III personal wireless facilities in the Rural Areas [RA] Zoning District by Special Use Permit. Section 31.2.4.2 requires Commission review of applications for Special Use Permit.

 

PLANNING AND ZONING HISTORY: 

This parcel includes a very large area; thus, much of the history is now associated with other projects in the same general “tower farm”.  The items on this list that pertain to this tower are in italics.

 

SP 78-42 Motorola - On October 4, 1978, the Board of Supervisors approved a special use permit request to allow a 200-foot tall communication tower.

SP 79-76 Jefferson Cable - On January 18, 1980, the Board of Supervisors approved a special use permit request to allow a 5-meter satellite receiving dish.

SP 80-02 Shenandoah Valley TV - On March 19, 1980, the Board of Supervisors approved a special use permit request allowing the removal of an existing 230-foot tall tower, and replacement with a 186-foot tall television tower.

SP 88-14 Central Virginia Educational TV - On May 4, 1988, the Board of Supervisors approved a special use permit request to allow a 293-foot tall television tower.

SP 90-74 Charlottesville Cellular - On September 19, 1990, the Board of Supervisors approved a special use permit request to allow a 150-foot tall cellular telephone tower.

SP 91-23 Charlottesville Quality Cable - On August 7, 1991, the Board of Supervisors approved a special use permit request to allow a 200-foot tall wireless cable transmission tower.

SP 93-10 Crown Orchard Company (WVIR-TV) - On June 9, 1993, the Board of Supervisors approved a special use permit request to allow a 60-foot tall television reception tower.

SP 93-15 RAM/BSE Communications - On July 14, 1993, the Board of Supervisors approved a special use permit request to allow a multi-purpose tower not to exceed 300-feet in height. This facility is the subject of this request. The tower has been constructed.

SP 94-37 Centel Cellular - On March 13, 1995, the Board of Supervisors approved a special use permit request to allow a 200-foot cellular telephone tower.

SP 96-16 Stu-Comm. Inc. - On July 10, 1996, the Board of Supervisors approved a special use permit request to allow a 190-foot multi-purpose tower.

SP 00-88 Carter’s Mountain Emergency Communication Facility - On April 18, 2001, the Board of Supervisors approved a special use permit request to allow a 250-foot tower as part of the regional emergency communications system.

SP 00-72 Crown Orchard (NEXTEL/Crown Castle) - On April 16, 2001, the Board of Supervisors approved a special use permit request to allow the co-location of an additional array of antennas, on an existing 270-foot tall guyed tower owned by American Tower Corporation, and a new 9’x16’ equipment building. This facility is the subject of this request. The tower and equipment building have been constructed.

SP 02-43 Crown Orchard (WVIR-TV) - On December 4, 2002, the Board of Supervisors approved a special use permit request to allow the construction of a 250-foot tall lattice tower, 30 feet at its base and 5 feet at its top, for the attachment of an antenna supporting the Virginia Broadcasting Corporation’s federally mandated transition from analog to digital broadcasting.

SP 02-71 Crown Orchard Co. / Pinnacle Carters Mountain - On March 19, 2003, the Board of Supervisors approved a special use permit request to allow the co-location of two additional arrays containing six (6) antennas an existing tower 205-foot tall tower.

SP 03-22 ECC Carters Mountain/Crown Orchard-Extension - On April 16, 2003, the Board of Supervisors approved a request to amend an existing special use permit by extending its period of validity and allowing a minor increase in the size of an equipment building for a facility supporting the regional emergency communications with a 250 foot high lattice tower, originally approved as SP 00-88.

SP 03-31 Albemarle County Fire Department Communication Amendment - On April 16, 2003, the Board of Supervisors approved a request to amend an existing special use permit to allow the attachment of an antenna, consisting of two 80-inch segments supporting communications for the County of Albemarle’s Fire-Rescue services, at 148 and 165 feet on an existing 205-foot tall tower.

SP 04-003 WHSV/Channel 19 – Charlottesville – On June 2, 2004, the Board of Supervisors approved a request to remove an existing 175-foot tower and allow replacement with a 149-foot tall tower. It also allowed the expansion of an existing building to accommodate transmittal equipment supporting the establishment of a new local ABC television affiliate.

SP 05-014 Crown Orchard – Gray Television – On August 3, 2005, the Board of Supervisors approved the request to amend the conditions of SP 04-003 in order to allow the placement of an additional antenna on the tower.

SP 06-014 Crown Orchard – Gray Television – On March 14, 2007, the Albemarle County Board of Supervisors took action on SP-2006-00041, Gray Television, to amend the conditions of SP 2005-014 in order to allow placement of one additional antenna on an existing tower and to allow greater flexibility for future anticipated changes on Tax Map 91, Parcel 28I in the Scottsville Magisterial District

 

DISCUSSION:

This request is for a special use permit to allow for the co-location of one new array consisting of six (6) new antennae at approximately 220 feet on an existing 270-foot tall guyed tower with additional supporting ground equipment in accordance with section 10.2.2.48 of the zoning ordinance which allows for Tier III personal wireless facilities in the Rural Areas [RA] Zoning District by Special Use Permit. A special use permit was approved for the construction of the existing tower and equipment in 1993(SP1993-15). The board of supervisors approved a second special use permit (SP2000-72) to allow the co-location of an additional array of antennae and a new 9’x16’ equipment building on an existing 270-foot tall guyed tower owned by American Tower Corporation. The applicant, Verizon Wireless, has submitted this special use permit request to allow the addition of a prefabricated structure and related ground equipment (Attachment A) because conditions of approval for SP2000-72 do not allow administrative review for the installation of new ground equipment. The proposed array of antennae would be installed at approximately 220 feet above ground level on an existing tower owned by American Tower Company. The lease area is on property owned by Crown Orchard Company. The property owned by Crown Orchard Company is a “tower farm” located at the top of Carters Mountain. Several other existing tower facilities that range between 60 and 300 feet in height are located on the property. The site is accessed via Carters Mountain Trail which begins on the east side of Route 53, just South of Michie Tavern. The outlying area surrounding the tower farm consists of orchards. The property (Tax Map and Parcel number 91-28) is located in the Mountain Overlay District.

 

ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:

Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be reviewed as follows:

 

Will the use be of substantial detriment to adjacent property?

As a result of the antennae’s location on an existing tower with similar facilities, it is staff’s opinion that the proposal would not impose any additional substantial detriment to adjacent property.  None of the proposed changes will increase the height or visual impact of the tower. Installation of the facility will not require the removal of any vegetation.

 

Will the character of the zoning district change with this use?

The site of the proposed facility is already fully constructed and requires no additional land disturbance or increase in tower height. Additionally there are several other towers located on this property, and there are several other existing personal wireless service antennae and dishes on this tower. The addition of another array of antennae 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 this request as it relates to the “purpose and intent” that is set forth in Sections 1.4.4 and 1.4.7 of the Zoning Ordinance, and as it relates to the intent specified in the Rural Areas chapter of the Zoning Ordinance (Section 10.1).  This request is consistent with both sections.

 

Will the use be in harmony with the uses permitted by right in the district?

The existing tower is located on an “Antenna Farm”. No significant adverse impacts on adjacent properties in the (RA) Rural Area district are anticipated. The proposed co-location on this tower will not restrict any nearby by-right uses within the Rural Areas district. Approval of the additional array of antennae will not impact the height of the tower.

 

 

Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?

Section 5.1.12(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 offer another choice of personal wireless service communication by providing a full range of voice and data services 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 5.1.40 of the Zoning Ordinance:

 

The county’s specific design criteria for Tier III facilities as set forth in section 5.1.40 (e) are addressed as follows.

 

Section 5.1.40 (e) Tier III facilities. Each Tier III facility may be established upon approval of a special use permit issued pursuant to section 31.2.4 of this chapter, initiated upon an application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, 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 5.1.40(b) subsection 5.1.40(c)(2) through (9) and subsection 5.1.40 (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 5.1.40(a) application for approval and section 31.2.4 special use permits have been met. Compliance with Section 5.1.40(e) of the Zoning Ordinance: The County's specific design criteria for Tier III facilities set forth in Section 5.1.40(e)(1) and 5.1.40(e)(2) are addressed as follows: [Ordinance sections are in italics]

 

Subsection 5.1.40(b) (1-5): Exemption from regulations otherwise applicable: Except as otherwise exempted in this paragraph, each facility shall be subject to all applicable regulations in this chapter.

 

The proposed PWSF will be installed at site that already has an existing tower. Verizon's transmitting equipment will be housed within an equipment shelter and will meet the required Rural Areas setbacks in addition to all other area and bulk regulations and minimum yard requirements. 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 5.1.40(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 tower supporting Verizon’s antenna co-location is supported by guy wires and already has a grounding rod that was previously approved. No new whip antennas are proposed. The facility will have one outdoor light fixture attached to the proposed shelter to be used by Verizon's technical operations staff during times when night-time maintenance is necessary.

 

Verizon Wireless' construction management team is currently in the process of obtaining the design specifications for an after-market shielding device that complies with the County’s lighting requirements.

 

Subsection 5.1.40(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.

 

Because there are more than three existing arrays attached on this tower, Verizon’s facility requires a special use permit. Verizon is also requesting that the Board of Supervisors allow a modification of the flush-mounting requirements in order to allow the installation of a full sectored antenna array. If allowed, the full array will enable Verizon to provide a level of quality service that is consistent and competitive with that provided by other carriers on this site.

 

Verizon also requests approval to modify the requirement of painting the antennae to match the existing structure. This is because the tower’s colors are not discernable from views that are off the property.

 

The proposed antennae configuration will consist of a full sectored array containing six (6) panel antennas with the capability of expanding up to 12 (4 per sector) as the need for increased signal capacity arises. The Anphenol Ante1 antennas are identified as model number BSA-185090/12 and have a measurement of 70.9" x 3.9" x 2.0" (L x W x D), giving each antenna an area of approximately 276.5 square inches. Each sector of antennae will be installed using low-profile TTA stand-off arms with pipe-mount brackets that will allow for required amount of electrical down-tilting while ensuring that the spacing between the tower and antenna faces will be consistent with that of the existing arrays of other carriers at the site.

 

Subsection 5.1.40(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.

 

Neither site access nor installation of the facility will require the removal of any trees. All construction will be kept completely within the fenced lease area.

 

Verizon is requesting that the Board of Supervisors allow a modification of the requirements for a tree conservation plan, as no additional land disturbance is being proposed

 

Subsection 5.1.40(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.

 

Neither site access nor installation of the facility will require the removal of any trees. All construction will be kept completely within the ATC’s lease area.

 

Verizon is requesting that the Board of Supervisors allow a modification of the requirements for a tree conservation plan, as no additional land disturbance is being proposed

 

Subsection 5.1.40(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 5.1.40(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 report includes a statement signed by a representative from each user acquiescing in the report.

 

After the proposed PWSF has been installed, Verizon will cooperate with the American Tower Corporation to ensure that the required annual report accurately accounts for all equipment that Verizon maintains at the site.

 

Subsection 5.1.40(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.

 

The site is already graded and contains adequate area for Verizon's equipment installation without the creation of any 2:1 slopes.

 

Subsection 5.1.40(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.

 

No fencing is proposed for the Verizon Installation.

 

Section 5.1.40(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 site of this proposed facility is on a tower farm.  No trees will be removed to install the facility. Therefore, the view of Verizon's equipment shelter will be obscured from nearby public roads and adjacent residential properties by other towers and already existing equipment and vegetation.

 

Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county’s open space plan.

 

Although this site is located in the Mountain Overlay District, the proposed co-location of Verizon's antennae and equipment should not impose any adverse impacts upon open space resources.

 

Section 5.1.40(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 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 5.1.40(d)(12).

 

The proposed facility will utilize an existing structure for its antenna mount.

 

Section 5.1.40(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.

 

As demonstrated by ground equipment and antennas at the existing tower sites on Carters Mountain, visibility of the Verizon antennas and the equipment shelter will not increase the visual impacts of the existing tower farm on Carters Mountain.

 

Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use permit.

 

The facility complies with all conditions of approval of the special use permit (Section 32.2.4):

           

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 sighting and design of wireless facilities. In its current state, the existing facilities and their mounting structure all offer adequate support for providing personal wireless communication services. The applicant has not provided any additional information regarding the availability, or absence of alternative sites that could serve the same areas that would be covered with the proposed antenna additions at this site. Therefore, staff does not believe that the special use permitting process nor the denial of this application would have the effect of prohibiting or restricting the provision of personal wireless services.

 

SUMMARY OF STAFF REVIEW OF SP 07-050

 

Factors favorable:

 

Staff has identified the following favorable factors:

 

1. The co-location of antennae and equipment subject to this special use permit would not restrict any of the uses that are permitted by right or impose any additional impacts on adjacent properties.

 

2. No clearing or other disturbance is necessary for the placement of the antennas and equipment.

 

3. This proposal represents a co-location opportunity for antennae that are anticipated to have minimal visual impact.

 

  

 

Factors Unfavorable:

 

1. The existing tower is visible from various roads and properties located near this property. Visibility is greater when the antennae are not flush mounted.

 

The following factor is relevant to this consideration:

 

The existing tower was constructed for the purpose of allowing multiple carriers on one structure.

 

In order to comply with Section 5.1.40(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.

 

RECOMMENDED ACTION

Staff recommends approval with the following modifications and conditions

 

Modification of sections:

 

Subsection 5.1.40(C)(3): Modification of the flush-mounting requirements in order to allow the installation of a full sectored antenna array.

 

Subsection 5.1.40(C)(3): Modification of the requirement to paint the antennas to match the existing structure. This is because the tower’s colors are not discernable from views that are off the property.

 

Subsection 5.1.40(c)(4)&(5)) Verizon is requesting that the Board of Supervisors allow a modification of the requirements for a tree conservation plan, as no additional land disturbance is being proposed

 

 

Conditions of approval

 

  1. All work shall be done in general accord with what is described in the applicant's request and site construction plans, entitled “Carters Mountain Crown Orchard property, with a final zoning drawing submittal date of 09/17/2007.
  2. This condition #2 on SP 00-72 does not apply because of a change in the zoning ordinance section related to personal wireless service facilities. Additional antennae installation on this tower will require a special use permit.
  3. The facility will have only one outdoor light fixture (that complies with the County’s lighting requirements) attached to the proposed shelter to be used by Verizon's technical operations staff only when night-time maintenance is necessary

 

 

ATTACHMENTS:

 

  1. Site Plan
  2. Arial Map
  3. SP 93-15 BOS Action Letter
  4. SP 00-72 BOS Action Letter
  5. Photographs of Existing Tower

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