HomeMy WebLinkAboutSP200600041 Legacy Document 2007-02-15ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 06-041: Gray Television
Staff: David Pennock
Planning Commission Public Hearing:
Board of Supervisors Hearing:
February 13, 2007
March 14, 2007
Owners: Crown Orchard Co., LP
Applicant: Gray Television, Inc.
Acreage: 234.16 (TMP 91-28)
Rezone from: Not applicable
(Lease Area is part of this larger piece)
Special Use Permit for: Sec. 10.2.2.6 —
microwave and radio -wave transmission and
relay towers, substations and appurtenances
TMP: Tax Map 91, Parcel 281
By -right use: RA, Rural Areas; Property also
Location: Carters Mountain Trail, 1 mile
has an existing Special Use Permit, last
south of Thomas Jefferson Parkway [Route
amended as SP 05-014, for a television
#53] at top of mountain
antenna and tower
Magisterial District: Scottsville
Proffers/Conditions: Yes
Requested # of Dwelling Lots: N/A
DA — RA — Yes
Proposal: Three (3) amendments to the
Comp. Plan Designation: The
conditions of SP 05-014:
Comprehensive Plan designates this property
1. An amendment to Condition #1 to allow a
as Rural Areas in Rural Area 4.
change to the configuration of the
antennae on the tower
2. An amendment to Condition #1 to provide
more flexibility for future modifications as
changes in technology necessitate
3. An amendment to Condition #10 in order to
extend the period of time the Channel 27
antenna can remain on the PBS tower
Character of Property: This property is
Use of Surrounding Properties: Adjacent to
located on a mountain top. Use is primarily
the Carter's Mountain Orchard and several
agricultural and forestal, with several towers
other towers
for various purposes.
Factors Favorable: see report
Factors Unfavorable: see report
RECOMMENDATION:
Staff recommends approval of the proposed amendments, with amended conditions as
presented in the Staff Report.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AGENDA TITLE:
David E. Pennock, AICP
February 13, 2007
March 14, 2007
SP 2006-041 Gray Television
APPLICANT: Crown Orchard Co., LP
PROPERTY OWNER(S): Gray Television, Inc.
APPLICANT'S PROPOSAL:
This proposal is for three (3) amendments to the conditions of SP 05-014. The first is an amendment to
Condition #1 to allow a change to the configuration of the antennae on the tower (Attachment B, Exhibit
"C"). The second is an amendment to Condition #1 to provide more flexibility for future modifications
as changes in technology necessitate. Finally, the applicant requests an amendment to Condition #10 in
order to extend the period of time the Channel 27 antenna can remain on the PBS tower until August 1,
2007. The lease area for the tower is within Tax Map 91, Parcel 28, a 234.16 acre parcel (Attachment
A) zoned RA, Rural Areas. It is located in the Scottsville Magisterial District on Carters Mountain
Trail, 1 mile south of Thomas Jefferson Parkway [Route #53] at the top of the mountain.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 4.
REASON FOR PLANNING COMMISSION REVIEW:
Section 10.2.2.6 of the Zoning Ordinance, allows "microwave and radio wave transmission and relay
towers, substations and appurtenances" in the RA zoning district by Special Use Permit. Section
31.2.4.2 requires Commission review of applications for Special Use Permit.
PLANNING AND ZONING HISTORY:
This parcel includes a very large area; thus, much of the history is now associated with other projects in
the same general "tower farm". The last two items in this list pertain to the tower that is the subject of
this application.
SP 78-42 Motorola - On October 4, 1978, the Board of Supervisors approved a special use permit
request to allow a 200 -foot tall communication tower.
SP 79-76 Jefferson Cable - On January 18, 1980, the Board of Supervisors approved a special use
permit request to allow a 5 -meter satellite receiving dish.
SP 80-02 Shenandoah Valley TV - On March 19, 1980, the Board of Supervisors approved a special
use permit request allowing the removal of an existing 230 -foot tall tower, and replacement with a 186 -
foot tall television tower.
SP 88-14 Central Virginia Educational TV - On May 4, 1988, the Board of Supervisors approved a
special use permit request to allow a 293 -foot tall television tower.
SP 90-74 Charlottesville Cellular - On September 19, 1990, the Board of Supervisors approved a
special use permit request to allow a 150 -foot tall cellular telephone tower.
SP 91-23 Charlottesville Quality Cable - On August 7, 1991, the Board of Supervisors approved a
special use permit request to allow a 200 -foot tall wireless cable transmission tower.
SP 93-10 Crown Orchard Company (WVIR-TV) - On June 9, 1993, the Board of Supervisors
approved a special use permit request to allow a 60 -foot tall television reception tower.
SP 93-15 RAM/BSE Communications - On July 14, 1993, the Board of Supervisors approved a special
use permit request to allow a multi-purpose tower not to exceed 300 -feet in height.
SP 94-37 Centel Cellular - On March 13, 1995, the Board of Supervisors approved a special use permit
request to allow a 200 -foot cellular telephone tower.
SP 96-16 Stu -Comm. Inc. - On July 10, 1996, the Board of Supervisors approved a special use permit
request to allow a 190 -foot multi-purpose tower.
SP 00-88 Carter's Mountain Emergency Communication Facility - On April 18, 2001, the Board of
Supervisors approved a special use permit request to allow a 250 -foot tower as part of the regional
emergency communications system.
SP 00-72 Crown Orchard (NEXTEL/Crown Castle) - On April 16, 2001, the Board of Supervisors
approved a special use permit request to allow the co -location of an additional array of antennas, on an
existing 270 -foot tall guyed tower owned by American Tower Corporation, and a new 9'x16' equipment
building.
SP 02-43 Crown Orchard (WVIR-TV) - On December 4, 2002, the Board of Supervisors approved a
special use permit request to allow the construction of a 250 -foot tall lattice tower, 30 feet at its base and
5 feet at its top, for the attachment of an antenna supporting the Virginia Broadcasting Corporation's
federally mandated transition from analog to digital broadcasting.
SP 02-71 Crown Orchard Co. / Pinnacle Carters Mountain - On March 19, 2003, the Board of
Supervisors approved a special use permit request to allow the co -location of two additional arrays
containing six (6) antennas an existing tower 205 -foot tall tower.
SP 03-22 ECC Carters Mountain/Crown Orchard -Extension - On April 16, 2003, the Board of
Supervisors approved a request to amend an existing special use permit by extending its period of
validity and allowing a minor increase in the size of an equipment building for a facility supporting the
regional emergency communications with a 250 foot high lattice tower, originally approved as SP 00-88.
SP 03-31 Albemarle County Fire Department Communication Amendment - On April 16, 2003, the
Board of Supervisors approved a request to amend an existing special use permit to allow the attachment
of an antenna, consisting of two 80 -inch segments supporting communications for the County of
Albemarle's Fire -Rescue services, at 148 and 165 feet on an existing 205 -foot tall tower.
SP 04-003 WHSV/Channel 19 — Charlottesville — On June 2, 2004, the Board of Supervisors approved
a request to remove an existing 175 -foot tower and allow replacement with a 149 -foot tall tower. It also
allowed the expansion of an existing building to accommodate transmittal equipment supporting the
establishment of a new local ABC television affiliate. This is the facility that is the subject of this
request. The tower and equipment building have been constructed.
SP 05-014 Crown Orchard — Gray Television — On August 3, 2005, the Board of Supervisors
approved the request to amend the conditions of SP 04-003 in order to allow the placement of an
additional antenna on the tower. This is the facility that is the subject of this request.
DISCUSSION:
As mentioned above, SP 04-003 approved installation of a new 149 -foot tall tower with a 40-1/2 foot tall
antenna rod extending from its top as a replacement of an existing tower. At that time, the proposed
configuration was for the top -mounted antenna (Channel 19, CBS), a side -mounted antenna rod
(Channel 16, ABC), five (5) dishes, and two (2) YAGI antennae. Subsequently, SP 05-014 was
approved as an amendment to allow the relocation of a FOX antenna (Channel 27) from an adjacent
tower (known as the PBS tower), for a total of one top -mounted antenna and two side mounted antennae.
Due to technical difficulties and a delay with Federal Communications Commission (FCC) permitting,
the applicant delayed the relocation of this FOX antenna, and instead added an additional Channel 16
antenna in its place, in order to facilitate a transfer from analog to digital broadcast. The FCC has
moved forward with a requirement that all television stations broadcast using only a digital signal by
January 1, 2009.
The applicant still intends to pursue the original purpose of SP 05-014, which was to accommodate the
relocation of the FOX antenna. Thus, this proposal requests an amendment to Condition #1 of SP 05-
014 in order to substitute a new drawing in place of the "schematic drawings initialed YQA and dated
June 16, 2005". The new configuration would reflect a very similar configuration. However, the
previously approved Channel 27 antenna (FOX analog broadcast) will be replaced with the already
installed digital Channel 16 antenna. In addition, the Channel 16 analog antenna will be replaced with a
Channel 40 digital antenna (the FOX digital broadcast). At no time will more than three antennae (one
top -mounted and two side -mounted) be in place. In addition, one previously approved dish antenna will
be removed and a "tower cam" will be located.
As briefly summarized above, changes in legislation and technology continually necessitate changes in
equipment. Thus, the applicant also proposes to add a statement to Condition #1 in order to facilitate
small changes without the need to amend the SP each time. The proposed new condition is "The facility
including the tower and its attachments [and ground equipment] building shall be sized, located and built
in general accord with the tower elevations and antenna schematic drawing dated October 20, 2006,
except as may be modified by like or similar antenna and other equipment, which such antenna and other
equipment may be smaller in size, and provided that no additional antenna or other equipment (other
than the existing Channel 19 antenna) is mounted above the top of the tower."
The last proposed change is to Condition #10 of SP 05-041. The previously approved language requires
that "The existing Gray TV antenna on the PBS tower located on Tax Map 91, Parcel 28E shall be
removed within 90 days after the new antenna authorized by this special use permit is operational." Due
to the requirement for digital broadcasting, the applicant no longer intends to relocate the FOX analog
antenna that is currently located on the PBS tower. Instead, they will be replacing it with a digital
antenna on the "new" tower. Thus, the change would allow the operation of both antennae temporarily.
The proposed language is "The existing Gray TV antenna on the PBS tower located on Tax Map 91,
Parcel 28E shall be removed on or before August 1, 2007".
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be reviewed as
follows:
Will the use be of substantial detriment to adjacent property?
As a result of the antenna's location on an existing tower with similar facilities, it is staff's opinion
that the proposal would not impose any additional substantial detriment to adjacent property. None
of the proposed changes will increase the height or visual impact of the tower.
Will the character of the zoning district change with this use?
There are three existing television broadcasting antennae on this tower. The reorientation of these
antennae should not impact the character of the district.
Will the use will be in harmony with the purpose and intent of the zoning ordinance?
Staff has reviewed this request as it relates to the "purpose and intent" that is set forth in Section 1.4
of the Zoning Ordinance, and as it relates to the intent specified in the Rural Areas chapter of the
Zoning Ordinance (Section 10.1). Generally, this request is consistent with both sections.
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Will the use be in harmony with the uses permitted by right in the district?
The location of this tower is within a "tower farm" on Carter's Mountain that has been in continual
operation since 1978. An orchard continues to operate in and around these towers. It is not
anticipated that any of the proposed amendments to this tower will restrict or any other by -right uses
within the Rural Areas district.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
Section 5 contains no additional regulations for this type of request.
Although television broadcasts are not provided by public utility companies, the supporting facilities
that they both implement are often comparable. Section 5.1.12(a) of the Zoning Ordinance addresses
the installation of public utility structures such as towers and antennas by stating, in part, that those
items shall not endanger the health and safety of workers and/or residents, and will not impair or
prove detrimental to neighboring properties. In order to operate this facility, the applicant is required
to comply with all of the Federal Communication Commission (FCC) guidelines that are intended to
protect the public health and safety from high levels of radio frequency emissions and
electromagnetic fields that are associated with wireless broadcasting and telecommunications
facilities.
Will the public health, safety and general welfare of the community be protected if the use is
approved?
The public health, safety, and general welfare of the community are protected through the special use
permit process, which assures that uses approved by special use permit are appropriate in the location
requested. In this case, as television broadcasts provide various forms of information such as public
affairs issues, emergency announcements and weather advisories, with the capability for broadcasting
live, they may be considered as contributing to the public health, safety and welfare on a regional
level.
SUMMARY OF STAFF REVIEW OF SP 06-041:
Approval of this proposal would allow the applicant to proceed with plans to complete the transfer of the
FOX antenna from the PBS tower to this tower as previously approved and to finish the necessary
improvements to enable the ABC affiliate and FOX affiliate to begin digital broadcast. Further
amendments to the previous action would allow small changes to occur on the tower without subsequent
review. In all cases, the tower would have a maximum of three antennae and would not exceed the
previously approved height restriction.
RECOMMENDED ACTION:
Staff recommends approval of the proposed amendments, with the resultant conditions as follows:
1. The facility including the tower, its attachments and the new ground equipment building shall
be sized, located and built in general accord with the construction plans, tower- elev iens and
schematic drawings initialed SBW and dated May 5, 2004 and initialed vn n and dated T,,.,o 16,
2-0� revised tower elevations and antenna schematic drawing dated October 20, 2006 and
initialed DEP, subject to maximum height and width restrictions in conditions three (3) and five
(5), except as may be modified by like or similar antenna and other equipment, which such
antenna and other equipment may be smaller in size, and provided that no additional antenna or
other equipment other than the existing Channel 19 antenna) is mounted above the top of the
tower.
2. Prior to the issuance of a building permit, the applicant shall submit the final revised set of site
drawings 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 height of the tower structure shall not exceed one hundred fifty (150) feet and the top of the
antenna, including the lightning rod, shall not exceed one hundred ninety (190) feet above
ground level. No equipment, with the exception of any FAA required flight safety lighting,
shall extend higher than the tallest portion of the top -mounted antenna.
4. Antennas supporting services other than television broadcasting shall not be attached to extend
above a total height of the tower itself.
5. The width of each side of the tower shall not exceed fifty (50) inches in width.
6. The existing guyed tower that currently supports this facility shall be removed within sixty
(60) days of the completion of the new tower. This condition has been met as of 6/28/05.
7. The short existing tower, owned by Adelphia Cable Company shall be removed within ninety
(90) days of the discontinuance of its use and in any case no later than October 31, 2004. This
condition has been met as of 6/28/05.
The new ground equipment building shall be painted a natural, dark brown color, and screened
on its eastern and western sides with evergreens or a mixture of trees deemed acceptable by the
County's Landscape Planner. This condition has been met as of 11/28/06.
9. No building permit for additional antenna installation or modification shall be issued until the
unauthorized microwave dish is removed. This condition has been met as of 11/28/06.
10. The existing Gray TV antenna on the PBS tower located on Tax Map 91, Parcel 28E shall be
removed within 90 days after- the new w4efma auther-ized by this speeial use pemii
opera ienal on or before August 1, 2007.
ATTACHMENTS:
A. Location/Detail Maps
B. Applicant's Request and Justification
C. Photograph of Existing Tower
D. SP 05-014 BOS Action Letter
E. New Elevations and Schematic Drawing dated October 20, 2006
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