Board of Supervisors 10.23.08


Thursday, October 23, 2008

PRESENT: Mr. Tommy Harvey, Mr. Allen Hale, Mr. Tommy Bruguiere and
Mr. Joe Dan Johnson
ABSENT: Ms. Connie Brennan

CLASS III COMMUNICATIONS TOWER/NTELOS – The applicant has applied for a
permit to construct a 130-foot metal tower with three flush mounted antennas
at 5016 Rockfish Valley Highway. The application includes a requested
exception to Section
20-7-2e which prohibits a metal tower within the viewshed of a Scenic Byway.
Mr. Boger reported that the applicant has submitted a corrected
Environmental Assessment, including a letter from the VA Department of
Historic Resources noting “no adverse effect” on the Rockfish Presbyterian

Mr. Boger also presented a letter from Ms. Valerie Long, representing
nTelos, noting the alternative sites considered – power line co-location,
single tower on other properties, two shorter towers and a larger tower on a
mountain ridge. Each option included coverage area exhibits. Ms. Long
noted that power line co-location was not a possibility as an easement could
not be obtained. Four other sites for single poles were considered, based
on landowner willingness to consider a lease, with coverage and
screening/visibility problems at each of those four sites. Ms. Long
reviewed the possibilities for a larger tower on a mountain ridge but noted
that the tower would have to be 100 feet or taller on top of the mountain
and would be much more visible from Rt. 151 and other roads and properties.
She said that this option would also probably require clearing a road to the
site. Ms. Long then presented several other options considered by nTelos
for two 80-foot towers instead of the one 130-foot tower. She noted that
those options would result in drop call/no service areas and poor service
for nTelos customers.

Mr. Bruguiere asked whether the 130-foot tower would allow for co-location.
Ms. Long said that it would allow for up to three other carriers to
co-locate if that site met their needs. Mr. Bruguiere said that two towers
would require a duplication of equipment. Ms. Long said that nTelos is not
trying to save money by constructing one 130-foot tower but is trying to
provide the best coverage to its customers. She said that it would,
however, require twice the expense in equipment and rent to do two sites.
Mr. Harvey asked whether the other sites considered would be more visible
along Rt. 151 and Ms. Long said that they would be more visible.

Mr. Boger noted that the county has approved 56 towers since the adoption of
the tower ordinance and that providers have worked with the county to
minimize the visual impact. Ms. Long noted that the county has approved
three towers within a mile of the Scenic Byway within the past year for
Verizon and asked that nTelos be treated the same as other carriers.

After discussion with Mr. Phil Payne, County Attorney, Supervisors directed
staff to prepare resolutions approving and denying the application for
consideration at their next meeting. Supervisors voted 3-0 (Mr. Johnson
abstaining) to defer a decision to their November 18th meeting.

REZONING/MR. & MRS. TOMMY HARVEY – The applicant has applied to rezone 2.732
acres from Residential R-1 to Business B-1 (Conditional). The property is
located at 250/272 Tanbark Road in Afton. Mr. Boger reported that the
applicant has submitted a written proffer that if a medical center is not
the main focus of the use, the zoning would revert to Residential and that
if construction is not started within two years, the zoning would revert to
Residential. Mr. Payne, County Attorney, stated that the proffer would
require that the application again go to public hearing before the Board of
Supervisors but that it would not have to go back to the Planning
Commission. Mr. Jim Gates, representing the applicant, then withdrew the
application for rezoning.

REZONING/MR. CURTIS BRUGUIERE – The applicant has applied to rezone 1.10
acres of land located at 1897 and 1889 Avon Road from Residential R-1 to
Business B-1 (Conditional) to permit use of a small area of the existing
country store for a real estate office. Mr. Boger reported that, at the
last Supervisors’ meeting, Mr. Bruguiere had proffered away the gas pumps
but that nothing had been received from the applicant in writing. Mr. Payne
stated that the County Code requires that proffers not offered in writing
prior to the public hearing, must go back to a public hearing before the
Supervisors. Supervisors asked Mr. Bruguiere how he would like to proceed
and Mr. Bruguiere said that he would like to continue to another public
hearing with the additional proffer. Supervisors tabled the issue to allow
the applicant to meet with Mr. Boger to put the proffer to remove a gas
station as an allowed use on the property. Mr. Boger returned to the
meeting with the written proffer and Supervisors voted 3-0 (Mr. Tommy
Bruguiere abstaining) to direct staff to advertise another public hearing
for their November 18th meeting.

a good meeting with the directors of the Cove Valley Recreation Center and
that a general membership meeting is to be held in the next three weeks to
vote on the county’s acquisition of property for the site. He noted that
before he can present the Board’s proposal at that meeting, he would need
the approval of the Board to include an agreement regarding the well on the
property. Mr. Harvey reported that the proposed agreement would lease the
well to the county for a fee equal to the real estate taxes on the Cove
Valley property. Mr. Hale suggested that the language for the well
agreement should restrict the fee to an amount equal to the real estate tax
on the land. Supervisors agreed and voted 4-0 to change the language to an
equivalent of the real estate taxes on the land and excluding the
improvements. The county is offering $12,000 per acre for 2 to 4 acres of
land in the northeast corner of the property located on Cove Valley Lane
(Rt. 670).

request from the Center that county help pay for $1,211.62 in repairs to a
refrigeration unit. Mr. Johnson made a motion to pay the full amount. With
no second, Supervisors voted 2-2 (Mr. Bruguiere and Mr. Harvey voting no) on
the motion, resulting in no funding for the repairs. Mr. Harvey noted that
the county is facing a tough budget year and many groups will not be
receiving funding. Mr. Hale pointed out that the Gladstone Center had
received funding to help with air conditioning repairs, roof repairs and
cooler repairs in 2007.

information and a copy of Albemarle County’s ordinance dealing specifically
with country stores and allowed exemptions and accessory uses to allow
owners to continue to operate businesses with greater flexibility of uses at
these sites. Supervisors voted 4-0 to adopt a resolution forwarding the
proposed amendment to the Planning Commission for review and recommendation.

Meeting adjourned.

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