HomeMy WebLinkAboutSP201800020 Staff Report Special Use Permit 2019-02-26
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Proposal: SP201800020 – WVIR-TV
Replacement of Existing Television Broadcasting
Tower
Staff: Christopher Perez, Senior Planner
Planning Commission Public Hearing:
March 5, 2019
Board of Supervisors Hearing: TBD
Owner: Crown Orchard, LLC Applicant: Virginia Broadcasting, LLC C/O Gregory
S. Duncan
Acreage: 234.17 acres
(Lease Area: 1 acre)
Special Use Permit for: 10.2.2(6) Special Use
Permit, which allows for communication
transmission facilities in the RA Zoning District.
TMP: 09100000002800
Location: Off Route 53, Carter’s Mountain
By-right use: RA Rural Areas - agricultural,
forestal, and fishery uses; residential density (0.5
unit/acre in development lots)
Magisterial District: Scottsville Conditions: Yes EC: No
Proposal: To replace an existing 314.25 feet tall
guy-wired television broadcasting tower with a new
314.25 feet tall self-supporting television
broadcasting tower in the same location. A special
exception to setbacks under Section 4.10.3.1(b) is
needed.
Requested # of Dwelling Units: N/A
DA: RA: X Comp. Plan Designation: Rural Area in Rural Area
4.
Character of Property: The property is an existing
antenna farm located at the top of Carter’s
Mountain surrounded by 200+ acres. The antenna
farm contains a multitude of other towers and
support equipment. The antenna farm is not open
to the public and is accessed by an existing dirt
road.
Use of Surrounding Properties: The surrounding
properties are large heavily wooded parcels that
make up Carter’s Mountain, ranging in size from 21
acres to 817 acres. Some of the surrounding
parcels are vacant, others contain distant historic
properties. The nearest residence (addressed
structure 1539) is located 3,000’ from the proposed
tower.
Factors Favorable:
1. No detrimental impacts to adjoining
properties.
2. Reduced visibility by discontinuing the use
of the existing guy wires
3. The proposal is a redevelopment project
which does not involve tree clearing,
grading, or increased impervious surface
area.
4. The proposed use generates economic
activity and supports job opportunities.
Factors Unfavorable:
1. None identified
RECOMMENDATION: Staff recommends approval of SP201800020 with conditions, and recommends
approval of the special exception request (to modify the required setback) with conditions.
STAFF PERSON: Christopher Perez, Senior Planner
PLANNING COMMISSION: March 5, 2019
BOARD OF SUPERVISORS: TBD
SP201800020 – WVIR-TV Replacement of Existing Television Broadcasting Tower
PETITION:
PROJECT: SP201800020 – WVIR-TV Replacement of Existing Television Broadcasting Tower
MAGISTERIAL DISTRICT: Scottsville
TAX MAP/PARCEL: 09100000002800
LOCATION: Off Route 53, Carters Mountain Orchard.
PROPOSAL: Replace an existing 314.25 feet tall guy-wired television broadcasting tower with a new
314.25 feet tall self-supporting television broadcasting tower in the same location. A special exception
to setbacks under Section 4.10.3.1 is needed.
PETITION: Section 10.2.2(6) of the zoning ordinance which allows for communication transmission
facilities in the RA, Rural Areas district. Supplemental regulation apply to this use under Section 5.1.12.
ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in
development lots)
OVERLAY DISTRICT: Southern Albemarle Rural Historic District, Mountain Protection Areas, and
Critical Slopes.
PROFFERS: No
COMPREHENSIVE PLAN: Rural Areas - preserve and protect agricultural, forestal, open space, and
natural, historic and scenic resources/residential density 0.5 unit/acre in development lots. Rural Areas
4 Comp Plan Area.
CHARACTER OF SURROUNDING AREA:
Attachment B contains an aerial photograph of the area. The site is located in an existing antenna farm
located at the top of Carter’s Mountain surrounded by 200+ acres. The antenna farm contains a
multitude of other towers. The antenna farm is not open to the public and is accessed by an existing dirt
road.
PLANNING AND ZONING HISTORY:
The tower proposed to be replaced was constructed in 1973 with a building permit approved by the
County. There is not a previously approved special use permit for this tower, as this requirement was
not applicable at the time of development. The lease area owned by WVIR has a series of approved
special use permits for alterations to the site, including approval of a second tower and the replacement
of the transmission building and updates to equipment within the lease area, as listed below.
· SP200200043 WVIR Crown Orchard Company – Construction of a digital broadcast television
tower (the second tower within the lease area).
· SP199300010 Virginia Broadcasting Corporation (WVIR-TV) – Transmitter building
replacement and equipment updates.
DETAILS OF THE PROPOSAL:
WVIR requests approval of a special use permit to replace an existing 314.25 feet tall guy-wired
television broadcasting tower with a new 314.25 feet tall self-supporting television broadcasting tower in
the same location. A special exception to setbacks under Section 4.10.3.1(b) is needed.
COMMUNITY MEETING
The applicant conducted the required community meeting at the 5th & Avon Community Advisory
Committee meeting on December 20, 2018.
The following questions and concerns were raised by Committee members and members of the
community:
· What will the proposed tower look like? How tall will it be?
· Will the existing guy wires on Mr. Wood’s property be removed?
· What is the distance of the existing tower from the adjacent property line?
· Would the tower replacement prohibit the adjacent property owner (Mr. Wood) from building a
new home on their property within the 1 to 1 setback of the facility?
· Discussion was had about the history of how the tower was built and the original agreements
between the original owner of the orchard, Roy Macklanah.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 33.39(B) states that the Commission, in making its recommendation, shall consider the
same factors found in Section 33.40 (B):
1. No substantial detriment. Whether the proposed special use will be a substantial detriment
to adjacent parcels.
No discernible detriment to adjacent parcels will result from this proposal. The area in question is an
existing antenna farm with many other approved towers, located at the top of Carter’s Mountain
surrounded by a 200+ acre orchard. There has been a broadcasting tower in this precise location
since 1973. With the replacement of the existing tower no additional trees or land disturbance is
being proposed. The replacement tower is the same height and generally the same width as the
existing tower (Attachment E). The replacement tower is self-supporting and will discontinue the
use of guy wires that the existing tower utilizes. Staff finds no substantial detriment to the adjacent
property or other tenants of the parcel.
2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels
and the nearby area will be changed by the proposed special use.
Neither the character of the adjacent parcels nor the character of the nearby area will be changed
by the proposed replacement tower. The area in question is an antenna farm with many existing
towers, located at the top of Carter’s Mountain surrounded by a 200+ acre orchard.
3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent
of this chapter,
The intent of the rural area (RA) district is to preserve and protect agricultural, forestal, open space,
and natural, historic and scenic resources, while allowing uses that are compatible and do not
detract from the district. The requested use is permissible by special use permit in the RA district,
and is not incompatible with surrounding properties or districts. This use is located in an existing
antenna farm on Carter’s Mountain. There are many similar towers within close proximity to WVIR’s
tower proposed to be replaced. By clustering antennas within the existing antenna farm the County
has actively preserved and protected its agricultural, forestal, open space, and natural, historic and
scenic resources. The proposed replacement tower is in harmony with the purpose and intent of
this chapter.
with the uses permitted by right in the district,
As shown and articulated in the application materials and staff report, the proposed replacement
communication transmission facility use does not represent an inharmonious relationship with other
permissible uses in the RA district as it generates; little to no traffic, no pollution, no noise, and does
not increase the negative visual impacts of the antenna farm. Additionally, the proposed tower
replacement is in harmony with the current agricultural use of the parcel.
with the regulations provided in Section 5 as applicable,
The use, communications transmission facility, is permitted in the RA zoning district by special use
permit under Section 10.2.2(6). This section references supplemental regulations under Section
5.1.12 as being applicable to the use; however, these specific supplemental regulations are only
applicable to public utility structures/uses. WVIR TV broadcasting is not a public utility or public use;
rather, it is a private company, thus these supplemental regulations are not applicable to the use.
Additionally, the tower will have no impact on any existing public facilities or any public
infrastructure. The use will not endanger the health or safety or workers or residents in the
community and will not impair or serve as a detriment to neighboring properties. The use will
continue to be fenced and posted with “no trespassing” signs.
and with the public health, safety, and general welfare.
The proposal is not unharmonious with public health, safety, or general welfare. WVIR-TV has
served the community for over 40 years by airing local and national news to keep the community
informed. WVIR-TV is also a member of the Emergency Alert System according to the information
provided by the applicant. The FCC has mandated a reduction in bandwidth for television
broadcasting in order to provide more bandwidth to the wireless communication/cellular telephone
industry. In order for WVIR-TV to comply with the regulations they are being forced to move from
Channel 32 to Channel 2. The existing tower built in 1972 does not meet current FCC or FAA
requirements for wind or ice load for the new, heavier Channel 2 antenna. This new antenna will
weigh 5 times as much as the current antenna. The proposed replacement tower will allow the
broadcaster to comply with the FCC mandated “repacking” of their signal in order to remain on the
air. WVIR-TV must build the replacement tower no later than September 6, 2019.
4. Consistency with the Comprehensive Plan. Whether the proposed special use will be
consistent with the Comprehensive Plan.
The site is located in the Rural Area 4 designation of the Comprehensive Plan. The rural area
designation seek to preserve and protect agricultural, forestal, open space, and natural, historic and
scenic resources. This site is located in an existing antenna farm on Carter’s Mountain. There are
many such towers in the antenna farm within close proximity to WVIR’s existing tower. Additionally,
a number of special use permits have been approved for towers in the antenna farm. Notably, there
has been a broadcasting tower in this precise location since 1973. With the replacement of the
existing tower no additional trees or land disturbance is being proposed. The replacement tower is
the same height and generally the same width as the existing tower. The replacement tower is self-
supporting and will discontinue the use of guy wires that the existing tower utilizes. By clustering
antennas within the existing antenna farm the County has actively preserved and protected its
agricultural, forestal, open space, and natural, historic and scenic resources. The proposed
replacement tower is consistent with the Comprehensive Plan.
SUMMARY:
Staff finds the following factors favorable to this request:
1. No detrimental impacts to adjoining properties.
2. Reduced visibility by discontinuing the use of the existing guy wires
3. The proposal is a redevelopment project which does not involve tree clearing, grading, or
increased impervious surface area.
4. The proposed use generates economic activity and supports job opportunities.
Staff finds the following factor(s) unfavorable to this request:
None identified
RECOMMENDED ACTION:
Based on the findings described in this report and factors identified as favorable, staff recommends
approval of special use permit application SP201800020 with the following conditions (below).
1. The development of the site, and any modifications, shall be in general accord with the conceptual plan,
provided in this staff report as Attachment B, consisting of a survey by Thomas B. Lincoln dated October
17, 2018 last revised October 31, 2018 titled Exhibit Showing WVIR-TV Self Supporting Replacement
Tower Lease Area, a preliminary antenna design by AlanDick Jampro Antennas, Inc, and an aerial locator
map depicting the site location (hereafter “Conceptual Plan”), as determined by the Director of Planning
and the Zoning Administrator. To be in general accord with the Conceptual Plan, development and use
shall reflect the following major elements within the development essential to the design of the
development, including but not limited to all concealment elements, concealment technique, and
concealment elements of the eligible support structure, as shown and described on the Conceptual Plan
and mentioned below:
a. The height of the tower shall not exceed 240.25 feet and the top of the digital antenna shall not
exceed 314.25 feet above ground level. No equipment, with the exception of any FAA required
flight safety lighting, shall extend more than 50 feet above the top of the digital antenna;
b. The width of each side of the tower shall not exceed 26 feet at its base, and 3.5 feet at the top;
c. Color (red and white)
d. No additional antennas that support services other than television broadcasting shall be
attached to the facility.
e. Only those satellite and microwave dishes that are necessary to support the transmission of the
digital television signal shall be permitted on the tower or the digital antenna.
f. No guy wires shall be permitted;
g. The above conditions notwithstanding, additional facilities, including equipment, antennas, and
microwave dishes necessary for the Emergency Communications Center’s emergency
communications system, may be placed on this tower if the applicant and lessee of the tower
enter into an agreement with the County to do so.
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Albemarle County Zoning Ordinance.
2. Prior to the issuance of a building permit, the applicant shall submit the final set of site drawings for
construction of the facility. Planning staff shall review the revised plans to ensure that all appropriate
conditions of the special use permit have been addressed;
3. The facility shall be disassembled and removed from the site within 90 days of the date its use for
digital television transmission 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;
4. The use, structure of activity for which this permit is issued shall commence no later than September 6,
2020. The term “Commence” shall mean commencement of the structure that is necessary for
mounting the digital antenna;
POSSIBLE PLANNING COMMISSION MOTION- SP201800020:
A. Should the Planning Commission choose to recommend approval of this special use permit:
Move to recommend approval of SP201800020, WVIR-TV replacement tower, with conditions as
stated in the staff report.
B. Should the Planning Commission choose to recommend denial of this special use permit:
Move to recommend denial of SP201800020, WVIR-TV replacement tower. Should a
commissioner motion to recommend denial, he or she should state the reason(s) for
recommending denial.
SPECIAL EXCEPTION REQUEST:
The applicant has requested a Special Exception pursuant to County Code Section 33.49, to modify
County Code § 18-4.10.3.1(b) to allow the replacement tower to be built in the same location as the
existing tower, which is closer in distance to any lot line than the height of the structure. The proposal is
to reduce the required setback from 314.25’ to no closer than 35’ to the property line.
Staff Analysis
County Code § 18-4.10.3.1 requires that communication towers be located no closer in distance to any
lot line than the height of the structure. County Code § 18-4.10.3.1(c) allows waivers or modifications to
the setback to be considered.
The existing tower is currently located approximately 35’ from the adjacent property line of TMP 91-
18A. The replacement tower is proposed to be located in the same location as the existing tower. The
base of the tower will be located no closer than 35’ to the adjacent property line. The location is
expected to be located as depicted in the Lease Area Survey by Tomas Lincoln contained in
Attachment B.
Requests for modifications must be reviewed under the criteria established in County Code
§ 18-33.49(a), taking into consideration the factors, standards, criteria and findings for each
request; however no specific finding is required in support of a decision. The public health,
safety, or welfare will be equally served with the reduced setback, which is the material criterion
in County Code § 18-4.10.3.1. The are no residences near the tower, the closest residence
being addressed structure 1539, which is located 3,000’ from the proposed tower. The proposed
tower site is within an existing antenna farm atop of Carter’s Mountain surrounded by 200+
acres of orchard. The only structures near the proposed tower are those of other towers and
associated equipment. The only property impacted by the setback modification is TMP 91-18A.
The owner of TMP 91-18A (Hunter Wood) was notified of the proposal and we have received
communication from his representative, stating he is not opposed to the tower unless the fall
zone would restrict a building permit for this lot. The approval of the SE will not restrict a building
permit for this lot. Additionally there is an existing TV tower on TMP 91-18A within the required
setback of the proposed tower.
RECOMMENDED ACTION – SPECIAL EXCEPTION:
In consideration of the information provided by the applicant, as well as the staff analysis identified in
this report, the special exception request is acceptable.
Therefore, staff recommend approval of the requested Special Exception to modify the required
setback specified in County Code § 18-4.10.3.1(b), with the following conditions:
1. The tower shall be built no closer than 35’ to the adjacent property line (TMP 91-18A).
POSSIBLE PLANNING COMMISSION MOTIONS – SPECIAL EXCEPTION REQUEST:
Under policy set by the Board of Supervisors, the Commission shall include in its recommendation for
special exceptions per County Code Sections 33.47(B) and 33.48.
A. Should the Planning Commission choose to recommend approval of the requested
special exception: I move to recommend approval of the requested special exception to modify the
required setback for the reasons outlined in the staff report and with the condition outlined in the staff
report.
B. Should the Planning Commission choose to recommend denial of the special
exceptions: I move to recommend denial of the requested special exception to modify the required
setback (state reasons for recommending denial).
ATTACHMENTS
Attachment A – Vicinity Map
Attachment B – Conceptual Plan
Attachment C – Applicant Request and Justification for Special Use Permit
Attachment D – Applicant Request and Justification for Special Exception
Attachment E – Pictures of the existing and proposed replacement tower
Local public television station tower
WVIR-TV Tower to be Replaced
WVIR-TV Replacement Tower
Local public television station tower
Tower
Tower
Tower
Tower
Tower
Broadcasting Equipment
Down the hill is
the public apple
picking area