HomeMy WebLinkAboutSP201800020 Action Letter 2019-05-10 pF
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
May 10, 2019
Gregory S. Duncan
412 East Jefferson Street
Charlottesville,Va 22902
RE: SP201800020—WVIR-TV Replacement of Existing Television Broadcasting Tower
Dear Mr. Duncan,
On May 1, 2019,the Board of Supervisors took action on your special use permit request 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 on Tax Map Parcel 09100000002800 in the Scottsville
District. The Special Use permit was approved by the Board's adoption of the attached resolution
and conditions.
The Board of Supervisors also took action on the Special Exception to modify setback
requirements. This SE was approved by the Board's adoption of the attached resolution and
condition.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above,no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
• compliance with conditions of the SPECIAL USE PERMIT; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Before beginning uses as allowed by this special use permit or if you have questions regarding the above-
noted action,please contact Rebecca Ragsdale at(434)296-5832 ext. 3226.
Sincerely,
Christopher Perez
Senior Planner
RESOLUTION TO APPROVE
SP 2018-20 WVIR TV REPLACEMENT
OF EXISTING TELEVISION BROADCASTING TOWER
WHEREAS, Virginia Broadcasting, LLC submitted an application for a special use permit to
replace an existing 314.25 foot tall guy -wired television broadcasting tower with a new 314.25 foot tall self-
supporting television broadcasting tower in the same location on Tax Map Parcel 09100-00-00-02800, and
the application is identified as Special Use Permit 2018-20 WVIR-TV Replacement of Existing Television
Broadcasting Tower ("SP 2018-20"); and
WHEREAS, on March 5, 2019, after a duly noticed public hearing, the Albemarle County Planning
Commission recommended approval of SP 2018-20; and
WHEREAS, on May 1, 2019, the Albemarle County Board of Supervisors held a duly noticed
public hearing on SP 2018-20.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff
report prepared for SP 2018-20 and all of its attachments, the information presented at the public hearing,
and the factors relevant to a special use permit in Albemarle County Code §§ 18-10.2.2(6) and 18-33.40, the
Albemarle County Board of Supervisors hereby approves SP 2018-20, subject to the applicable performance
standards for personal wireless service facilities in Albemarle County Code § 18-5.1.40, and the conditions
attached hereto.
I, Travis O. Morris, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded
below, at a regular meeting held on May 1, 2019. 1
Senior 13eputy Clerk, Board of County Supervisors
Mr. Dill
Y
Mr. Gallaway
Y
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
SP-2018-00020 WVIR-TV Replacement Of Existing Television Broadcasting Tower
Special Use Permit Conditions
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) 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," (b) a preliminary antenna design by AlanDick Jampro
Antennas, Inc, and (c) an aerial locator map depicting the site location (collectively, hereafter
"Conceptual Flan"), 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 and concealment technique, as shown and described on the Conceptual
Plan and mentioned below:
a. The height of the tower may not exceed 240.25 feet and the top of any antenna may not
exceed 314.25 feet above ground level. No equipment, with the exception of any FAA
required flight safety lighting, may extend more than 50 feet above the top of any antenna.
b. The width of each side of the tower may not exceed 26 feet at its base, and 3.5 feet at the
top.
c. The colors of the tower shall be red and white.
d. Antennas that support services other than television broadcasting may not be attached to the
facility.
e. Only those satellite and microwave dishes that are necessary to support the transmission of
television signal(s) shall be permitted on the tower or the television antenna.
f. No guy wires shall be permitted.
g. Notwithstanding the above conditions, additional facilities, including equipment, antennas,
and microwave dishes necessary for emergency communications system(s), 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.
Prior to the issuance of a building permit, the applicant shall submit, and Planning staff shall review,
the final set of site drawings for construction of the facility to ensure compliance with all conditions
of the special use permit.
The facility shall be disassembled and removed from the site within 90 days of the date its use for
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.
The use, structure or 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 television antenna.
RESOLUTION TO APPROVE SPECIAL EXCEPTION
TO MODIFY SETBACK REQUIREMENTS FOR
SP 2018-20 WVIR-TV REPLACEMENT OF EXISTING
TELEVISION BROADCASTING TOWER
WHEREAS, Virginia Broadcasting, LLC submitted an application for a special exception in
conjunction with SP201800020 to modify the minimum setback requirement for the proposed new television
broadcasting tower from 3 14.2 5 feet to 35 feet, later revising the request to 30 feet, in order to locate a new
tower in the same location as the existing tower on Tax Map Parcel 09100-00-00-02800, which is located
approximately 35 feet from the adjacent property line of Tax Map Parcel 09100-00-00-018A; and
WHEREAS, County Code § 18-4.10.3.1(b) requires that radio or television towers shall be located
no closer in distance to any lot line than the height of the structure; and County Code § 18-4.10.3.1(c)
allows waivers or modifications to the setback requirements to be considered.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the special
exception request and the attachments thereto, including staff's supporting analysis included in the Planning
Commission staff report, and all of the factors relevant to the special exception in Albemarle County Code
§§ 18-4.10.3.1(b) and (c) and 18-33.49, the Albemarle County Board of Supervisors hereby approves the
special exception to modify the setback requirement as set forth above, subject to the condition attached
hereto.
I, Travis O. Morris, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded.
below, at a regular meeting held on May 1, 2019.
Senior D uty Clerk, Board of County Supervisors
Mr. Dill
Y
Mr. Gallaway
Y
Ms. MaIlek
Y_
Ms. McKeel
Y_
Ms. Palmer
Y
Mr. Randolph
Y
SP 2018-20 WV1R-TV Replacement Of Existing Television Broadcasting Tower
Special Exception Condition
The tower shall be built no closer than 30 feet to the adjacent property line (Tax Map Parcel 09100-00-
00-01 SA).
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
(434)296-5832
March 20, 2019
Gregory S. Duncan
412 East Jefferson Street
Charlottesville, Va 22902
RE: _ SP201800020—WVIR-TV Replacement of Existing Television Broadcasting Tower
Dear Mr. Duncan,
The Albemarle County Planning Commission,at its meeting on March 5,2019,by a vote of 6:0
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this recommendation is subject to the following conditions:
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)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,"(b)a preliminary antenna design by AlanDick Jampro
Antennas, Inc, and (c) an aerial locator map depicting the site location (collectively, 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 and concealment technique,as shown and described on the Conceptual
Plan and mentioned below:
a. The height of the tower may not exceed 240.25 feet and the top of any antenna may not
exceed 314.25 feet above ground level. No equipment,with the exception of any FAA
required flight safety lighting,may extend more than 50 feet above the top of any antenna;
b. The width of each side of the tower may not exceed 26 feet at its base, and 3.5 feet at the
top;
c. The colors of the tower shall be red and white.
d. Antennas that support services other than television broadcasting may not be attached to
the facility.
e. Only those satellite and microwave dishes that are necessary to support the transmission of
television signal(s)shall be permitted on the tower or the television antenna.
f. No guy wires shall be permitted;
g. Notwithstanding the above conditions, additional facilities, including equipment,
antennas,and microwave dishes necessary for emergency communications system(s), 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, and Planning staff shall
review,the final set of site drawings for construction of the facility to ensure compliance with all
conditions of the special use permit;
3. The facility shall be disassembled and removed from the site within 90 days of the date its use for
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 or 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 television antenna;
The Planning Commission also RECOMMENDED APPROVAL of the requested Special Exception to
modify the required setback specified in County Code § 18-4.10.3.1(b),with the following condition:
1. The tower shall be located no closer than 30' to the adjacent property line(TMP 91-18A).
If you should have any questions or comments regarding the above noted action,please do not hesitate to
contact me at(434)296-5832.
Sincerely,
Christopher Perez
Senior Planner