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:


  1. The tower shall not be increased in height;


  1. All antennae, dishes and their replacements attached to the tower shall be used for personal wireless service providers;


  1. Additional and replacement antenna arrays may be attached only as follows:
    1. 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;
    2. 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;
    3. 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.


  1. Not more than six (6) satellite or microwave dishes may be attached to the tower at one time, and only as follows.
    1. 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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
    6. 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;


  1. The permittee shall comply with Section 5.1.12c of the Zoning Ordinance; and


  1. 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.


  1. 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.  


  1. 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


  1. 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.


  1. 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:


  1. Section 5.1.40 (c) (4) - Requirement for a tree conservation plan to be submitted prior to the issuance of a building permit.
  2. 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.





Megan Yaniglos

Senior Planner

Zoning and Current Development Division