September 17, 2004
Peter J. Caramanis
Tremblay & Smith LLP
P.O. Box 1585
RE: SP-2004-00039: ALLTEL/Keswick II; Tax Map 94, Parcel 41A1
Dear Mr. Caramanis:
At the Albemarle County Planning Commission meeting on September 14, 2004, a motion to recommend approval of the above-noted petition to the Board of Supervisors failed by a 3:4 vote. Should the Board of Supervisors approve this petition, the Planning Commission does recommend the approval be subject to the following modified conditions.
The facility shall be designed, constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, all work shall be done in general accord with that described in the applicant’s request and site construction plans, entitled “Alltel (Keswick II)”, dated June 14, 2004 and provided in this staff report with Attachment A.
2. The tower shall not be increased in height.
3. The additional array of panel antennas may be attached only as follows:
a. All equipment attached to the tower shall be painted to match the color of the tower. The cables extending from the ground equipment may remain black.
b. The antennas shall be sized as shown on the construction plans.
c. In no case shall the distance between the face of the tower structure and the faces of the antennas be more than 12 inches.
4. The applicant shall install a double staggered row of evergreen trees at a minimum height of five (5) feet at planting and spaced at fifteen (15) feet on center for the purpose of screening the ground equipment. Those trees shall be planted in a manner that adequately supplements the existing vegetation near the boundary line shared with the property located to the east of the site, identified as Tax Map 94 - Parcel 39.
5. With the exception of any safety lighting required by Federal Aviation Administration regulations, no lighting shall be permitted for this the facility, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.
6. No existing trees within 200 feet of the facility shall be removed.
Prior to the issuance of a building permit, the following requirements shall be met:
7. Revise the title on the construction plans to include the name of the owner of the subject property.
8. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Community Development staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed.
9. This facility shall be designed, installed and maintained in accordance with any additional conditions and requirements established by the Architectural Review Board through the issuance of a Certificate of Appropriateness.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
10. The applicant, or any subsequent owners of the tower, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that use the facilities attached to the tower, including a drawing indicating which antennas and equipment are associated with each provider.
11. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire 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 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.
12. This special use permit must be amended to allow any of the four existing arrays of panel antennas to be:
a. relocated on the structure;
b. modified to increase the number or size of panel antennas; or,
c. modified to increase the distance of the panel antennas from the structure.
View staff report and attachments
View PC minutes
View September 23 letter from Peter Caramanis
View September 28 letter from Dorsey Wilberger
Return to regular agenda
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 6, 2004. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date.
If you have any questions or comments regarding the above-noted action, please do not hesitate to contact me.