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HomeMy WebLinkAboutSP200000003 Staff Report 2021-03-03STAFF PERSON: David Benish PLANNING COMMISSION: April 18, 2000 BOARD OF SUPERVISORS: May 10, 2000 SP 00-003 Charlottesville Broadcasting Tower Condition Amendment Applicant's Proposal: The applicant seeks authorization to establish an array of panel antennas for telecommunications that exceed the dimension limits set forth by conditions of approval for SP 98-44 WQMZ Tower. Specifically, Condition 3b states that the panel antennas "...shall not exceed five (5) feet in height or two (2) feet in width". The applicant is seeking approval for an amendment to the special use permit for the installation of panel antennas that are eight (8) feet in height or length. The applicant has provided detailed information about the location and design of the facility. The applicant's information is included as Attachments C and D. Petition: The applicant petitions the Board of Supervisors to allow a change in Condition 3b of SP 98-44 WQMZ Tower to allow for an additional three feet in panel antenna length for personal wireless service. This requires a special use permit amendment in accord with the provisions of Section 22.2.2.2. The proposal is to locate antenna an array of eight -foot long panel antennas approximately 197 feet above ground level [AGL]. The tower site is located at the northern comer of the Melbourne Road/Rio Road East intersection, within the Rivanna Magisterial District (Attachment B). The property consists of approximately 9 acres and is described as Tax Map 61, Parcel 192, and is zoned C-1, Commercial (Attachment A). This site is recommended for Neighborhood Service in Urban Neighborhood 3 of the Comprehensive Plan. Character of the Area: The property is located at the intersection of Rio Road and Melbourne Road. Meadow Creek forms the northern boundary of the parcel and almost the entire parcel is in the floodplain of Meadow Creek. Development to this property is limited to the tower and small buildings housing the electronics. An industrial area is located to the north of the property and a small duplex is located to the east. The Charlottesville City Limits abut this property. Residential areas in the city are located south and west of this site and the Charlottesville High School is located to the west. The 520-foot tower is located at the lowest point in the area and the land rises up significantly in all directions. Planning and Zoning History: February 18, 2000 — The Department of Building Codes and Zoning Services issued a violation letter to the applicant because the applicant exceeded the length limitations set forth by Condition 3b of SP 98-44 (Attachment E). Submission of this special use permit request seeks to remedy this violation. 1999-Present — Two additional telecommunications providers have been approved by the Department of Building Codes and Zoning Services to attach panel antennas equal to or less than five feet in length. The antennas have been attached. November 11, 1998 — The Board of Supervisors unanimously approved SP 98-44 and SP 98-55 to extend the existing 345-foot tall radio tower to 520 feet and to allow for associated grading in the floodplain. The Conditions of approval are attached as Attachment F. 1960's — The existing tower was constructed some time in the 1960's Comurehensive Plan This area is recommended for Neighborhood Service in Neighborhood 2. Land to the east is recommended for Neighborhood Density Residential. The floodplain of Meadow Creek and the critical slopes located along the stream valley are identified in the Open Space Plan as natural resources. The floodplain and critical slopes severely restrict the development potential in the immediate area. This proposal seeks to attach antennas to the existing tower that, excluding size, have previously been a by -right use. Staff does not view the installation of the supporting utilities as a significant disturbance to these resources, because grading will not be necessary for the installation of supporting utilities. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 22.2.2.2 of the Zoning Ordinance and recommends approval with conditions. STAFF COMMENT: Attachment of panel antennas for telecommunications purposes was approved with the approval of SP 98-44 WQMZ. Specifically Condition 3b states "Additional antennas may be located to the tower as follows:... Directional or panel antennas shall not exceed five (5) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three hundred forty-five (345) feet in height" (Attachment F). Attachment of future antennas was briefly mentioned at both public hearings, but the issue of the actual dimensions of the panel antennas was never discussed. It appears that the condition limiting the length of the antennas to five feet originated through an agreement between staff and the original applicant of SP 98-44. In late 1999, the applicant attached panel antennas to the tower that were eight feet in length. The Department of Building Codes and Zoning Services issued a violation letter on February 18, 2000, because the antennas exceeded five feet in length (Attachment E). Submission of this special use permit seeks to remedy this violation. The applicant's request and justification is attached as Attachment C. The applicant notes that the other smaller attached antennas are for digital service and that the larger eight -foot antennas provide both a cellular and digital service. They have noted that "These combined use antennas are the shortest flush mount antennas that the applicant can use at this site." If a smaller antenna is the only option, it is noted that "...coverage at this site would be so compromised that a nearby secondary antenna site would likely be necessary." Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and has found no adverse impact as a result of increasing the panel antenna size an additional 3 feet in length. Staff notes that although the attached eight foot long antennas are a violation, no one from the public has contacted staff in opposition to the violation. Although visibly larger than the other existing panel antennas on the tower, the eight -foot panel antennas still appear to have minimal visual impact when compared to the significantly tall tower and other panel antennas on the tower. Where possible and acceptable, staff seeks to limit the total number of telecommunications facilities by requiring the telecommunications industry to co -locate on existing facilities. The applicant has noted that the smaller panel antenna size may necessitate an additional facility elsewhere in the County. Summary: Staff has identified the following factors which are favorable to this request: 1 . The additional three feet of antenna will have minimal visual impact when compared to the overall tower height/size and other allowable panel antennas; 2. Attachment of the larger antennas may alleviate the need for an additional telecommunications facility; 3. Consistent with Section 31.2.4.1 of the Zoning Ordinance; and, 4. Consistent with the Comprehensive Plan and the Open Space Plan. RECOMMENDED ACTION: Staff opinion is that the additional three feet in antenna length will not create an adverse impact. Therefore, staff is able to recommend approval of this request, with conditions: RECOMMENDED CONDITIONS OF APROVAL: This application is an amendment to SP 98-44. Therefore staff recommends retention of the original conditions, except for Condition 3b, as follows: 1. Tower height shall be limited to five hundred twenty (520) feet; 2. The tower shall be designed so that, in the event of a structure failure, the tower and all of its components will remain within the property; 3. All antennas located on the existing tower may be relocated to the new tower. Additional antennas may be attached to the tower as follows: a. Omnidirectional or whip antennas shall not exceed twenty (20) feet in height or seven (7) inches in diameter, and shall be of a color which matches the tower; b. Di et:, nal o panel .....an..... shall net e ed five (5) feet inheight or F'ye (2) SJSI C�..v..... ... nn vnn feet :..width, shall bee f a ,.elsr ... ieh ....ntnhnn the t,,.ye f ..«,] ..1.,.11 4e h..lww F14 fee b. Directional or panel antennas shall not exceed eight (8) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three hundred forty-five (345) feet in height; C. Satellite and microwave dish antennas are prohibited; d. Antennas may be installed in addition to those installed by the permittee when the tower is first constructed without amending this special use permit, provided that all necessary building permits are obtained from the Building Official and the antennas otherwise comply with these conditions; and e. All antenna shall be located such that no portion of the antenna is more than two (2) feet from the tower structure. 4. The tower shall be used, or have the potential to be used, for the collocation of wireless telecommunications providers, as follows: a. The permittee shall allow wireless telecommunications providers to locate antennas on the tower and equipment on site, subject to these conditions: (1) The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to a power supply. All lighting shall be shielded from public roads. Outdoor lighting, other than the tower lighting, shall only be during periods of maintenance; The permittee shall comply with Section 5.1.12 of the Zoning Ordinance; The permittee shall obtain Engineering Department approval of the tower design prior to receiving a building permit. The Engineering Department shall review the tower design to ensure that the design is adequate due to its location within the flood plain; and, The guy wires for the tower shall be located in such a manner as to not interfere with the proposed Meadow Creek segment of the Rivanna Greenway Trails. This shall be verified by Department of Planning and Community Development review of the building permit. C! ATTACHMENTS: A — Tax Map and Plat B — Location Map C — Applicant's Request and Justification D — Site Plan Reduction E — Zoning Violation Letter Dated February 18, 2000 F — Conditions of Approval for SP 98-44 ALBEMARLE COUNTY ATTACHMENT 45 — R 1, c —� /0 �// 1 tom. n T.y x3 �•, /,ti ' \ ,. Q ec Se «. /1 • rous�// /:/ r xvM y x.r\\� �. •' j/1 1/17 J/�/� / tic", •sue �� � \� \ � — 60 .� r .. 1 \ CT' i 6< OF r CN4RLOTTESVIIyE lit :<� %-r� /,�• 'hill �� -\o: ' �_ y y \ SP-00-003 Charlottesville Broadcastincr. r ^u — JACK JOUETT, RIVANNA AND CHARLOTTESVILLE DISTRICTS SECTION 6! 6 uae' J1 `, pt Na W •Y0 9 N 1/ Nia I'llITH OFA U' J� u f.FnnFlr.Dn; rl" 1y a d/ P je.+a�.xe 0.6. I`1M1-3TT D. D.IM-3TE OD. 2E1-SDI o.E.an -ss 9.74Ac. 1LU- H04 ... '- T ATTACHMENT A o,e ya 1 \ Ie 3ai e ell ya JS eR�R � b a.Ja• / ia's U. FLAT OFA 9.74AC. PARCEL AT THE INT[RSEbTlo.1 of ST.Rrs. 6533c 631 A6DUT 0.5 Ml. N.E, or NE CITY LIMITS OF CN\'IL LE,VA•• G•P..MAWYEFZ Scolgl'p�pp O. R. 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ATTACHMENT C SPECIAL USE PERMIT AMENDMENT 360 COMMUNICATIONS COMPANY D/B/A ALLTEL What is the comprehensive plan designation for this property? Neighborhood service (corresponds to existing C-1 zoning). How will the proposed special use affect adjacent property? Increasing the panel antenna height limit from 5' to 8' will not affect adjacent properties because the change is so minimal it will be unnoticeable from adjacent properties. Indeed, it would be difficult for even an experienced eye to discern a 3' increase in panel antenna length on an antenna located at the 180' level of a 520' tower. How will the proposed special use affect the character of the district surrounding the property? For nearly forty years prior to constructing the new 520' tower on the property, a shorter, but similar, broadcast antenna tower was located on the property. Because the previous tower antedated development of the adjacent properties, a broadcast tower was central in establishing the existing character of the surrounding area, and since the proposed amendment relates only to a 3' increase in panel antenna length, the use will not change the character of the area. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The Ordinance is intended to provide adequate growth opportunities to businesses in the community, as well as facilitate the creation of a convenient, attractive and harmonious and community. Applicant, a business with retail offices located in the County, has entered into a lease agreement with the property owner to collocate on the 520' tower so that applicant can better serve the wireless telecommunications needs of its customers; however, because applicant provides a combined cellular and digital service, some of its combined use antennas are slightly longer than those permitted in Condition 3.b. to SUP98-44. These combined use antennas are the shortest flush mount antennas applicant can utilize at this site; shorter flush mounted antennas would not be adequate to meet the customers' needs in the area, and a secondary antenna site in the area would likely be necessary. Therefore, this SUP amendment will not only enable applicant to meet the cellular and digital needs of its customers in Albemarle County, it will reduce the need for additional antenna sites in the area near the existing tower. ATTACHMENT C How is the use in harmony with the uses permitted by right in the district? As the use of the property will not change, and only a slight change of one of the conditions of SP98-44 is being requested, the use of the property will remain in harmony with the uses permitted by right in the district. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? None. How will this use promote the public health, safety, and general welfare of the community? This SUP amendment will enable the applicant to provide adequate cellular and digital service to its customers in the area without requiring an additional antenna site near the existing tower. Describe your request in detail and include all pertinent information such as the numbers of person involved in the use, operating hours, and any unique features of the use: In order for this collocation site to meet both the digital and cellular needs of its customers in this area, and in order to meet the remaining conditions of SP98- 44, applicant requests an amendment to Condition 3.b of SP98-44 increasing the panel antenna height limit from 5' to 8'. Applicant's present antenna system which provides both cellular and digital service is comprised of two antenna arrays: the first array consists of three panel antennas measuring 96" (L) x 12"(W) x 7" (D), and below that, a second antenna array consisting of 3 panel antennas measuring 48"(L) x 6"(W) x 8 1 /2"(D). Both antenna arrays are flush mounted on the tower, and the individual panel antennas are placed at a slight angle, the bottom portion of the antennas being 8" from the face of the tower and the top portion of the antennas extending from 1 2" to 1 4" from the tower. As these measurements indicate, except for the panel length limit on the top array, applicant's antennas meet the remaining dimension conditions. While it is technically possible for applicant to meet the 5' length limit, because the antennas must be flush mounted, a reduced antenna size on the top antenna array will significantly impair the effectiveness of this site; coverage at this site would be so compromised that a nearby secondary antenna site would likely be necessary. Therefore, in order to meet the flush mounting requirement, but still have an effective collocation site, an 8' long panel antenna is necessary. 10 LIGHTNING ROD (3) MODEL FS90-11-00NA 96"(L) x 12"(N) x 7"(0) PANELS CENTER LINE 197' AGL (3) MODEL DB844H90N-XY d8"(L) x 6"(W) x 8 1/21109ANELS CENTER LINE 187' 10' AGL 197' 187'-10' 529'-10' 522' ATTACHMENT D CUSTOMER, ALLTEL I CELL NAME- MELBOURNE I CELL NO, 137 DATE: 4/6/2000 SHENANDOAH TOWER SERVICE, LTD ZZ 9 3.LId :akxnna�aw het Jill, I t 0 A $ia Rm o Ns o oaa# m m i m a !ElRtgg an o 34� R 5N ATTACHMENT D W Z� U.I a 2 oc g ILI n / a 6es stars � "0"D yam"/i ATTACHMENT D Yp� vuo,,,,,, 13 i f ° ° a I e ATTACHMENT D ®0000©o00 �� 4 FAX (804) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (804) 296-5832 ATTACHMENT E NOTICE OF OFFICIAL DETERMINATION OF VIOLATION Date Notice of Determination is Given CERTIFIED MAIL # Z 261 147 973 Shenandoah Tower Service, Ltd. Post Office Box 956 TfD (804) 972-4012 February 18, 2000 No: V-2000-008/DCF CERTIFIED MAIL # Z 261 147 974 Staunton, VA 24402-0956 Property: 61 192 Tax Map Number Parcel Number Charlottesville Broadcasting Corporation Post Office Box 498 Charlottesville, VA 22902 Charlottesville Broadcasting Corporation Owner of Record You are hereby notified that, after an investigation of the above -described property, the Zoning Administrator has determined that the following use or activity constitutes a violation of the following section(s) of the Albemarle County Zoning Ordinance. As stated in Section 36.1 of the Albemarle County Zoning Ordinance: Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this ordinance. The November 23, 1998 approval letter for Special Use Permit 98-55WQMZ, limited heights of antennas to five (5) feet, per condition number 3.b. which states "Directional or panel antennas shall not exceed five (5) feet in height or two (2) feet in width, and shall be of a color which matches the tower and shall be below three hundred forty five (345) feet in height." Eight (8) foot high antennas have been installed on this tower. You are hereby ordered to cease and desist from the above described use or activity immediately. Your failure to comply with this order may result in legal action being taken against you. Page 2 V-2000-008/DCF February 18, 2000 ATTACHMENT E If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of S95. The date notice of this determination was given is specified above. If you have any questions, please contact Dennis C. Friedrich or the Zoning Administrator at 804-296-5832. ,& / , Amelia G. McCulley Zoning Administrator County of Albemarle, Virginia Cc: Reading File V-2000-008/DCF, TMP 61-192 �� pp .a�yFrtr II �� -t- m ATTACHMENT F COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 November 23, 1998 Dan Miller, General Manager Charlottesville Broadcasting Corporation 50I East Main St Charlottesville, VA 22902 RE: SP-98-44 WQMZ Tax Map 61, Parcel 192 Dear Mr. Miller: The Albemarle County Board of Supervisors, at its meeting on November 11, 1998, unanimously approved the above -noted request to replace an existing 345' tower with an approximately 520' tower in accordance with provisions of Section 22.2.2(2) of the Zoning Ordinance. Please note that this approval is subject to the following conditions: 1. Tower height shall be limited to five hundred twenty (520) feet; 2. The tower shall be designed so that, in the event of structural failure, the tower and all of its components will remain within the property; 3. All antennas located on the existing tower may be relocated to the new tower. Additional antennas may be attached to the tower only as follows: a. Omnidirectional or whip antennas=shall not exceed twenty (20) feet in height or seven (7) inches in diameter, and shall be of a color which matches the tower; b. Directional or panel antennas shall not exceed five (5) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three hundred forty five (345) feet in height; c. Satellite and microwave dish antennas are prohibited; d. Antennas may be installed in addition to those installed by the permittee when the tower is first constructed without amending this special use permit, provided that all necessary building permits are obtained from the Building Official and the antennas otherwise comply with these conditions; and e. All antenna shall be located such that no portion of the antenna is more than two (2) feet from the tower structure. 4. The tower shall be used, or have the potential to be used, for the collocation of wireless telecommunications providers, as follows: a. The permittee shall allow wireless telecommunications providers to locate antennas on the tower and equipment on the site, subject to these conditions: (1) The permittee shall provide to the County, upon request, verifiable evidence that Page 2 November 23, 1998 ATTACHMENT it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. 5. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running ring though the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. All lighting shall be shielded from public roads. Outdoor lighting, other than the tower lighting, shall only be on during periods of maintenance; 6. The permittee shall comply with section 5.1.12 of the Zoning Ordinance; 7. The permittee shall obtain Engineering Department approval of the tower design prior to receiving a building permit. The Engineering Department shall review the tower design to insure that the design is adequate due to its location within the flood plain; and 8. The guy wires for the tower shall be located in such a manner as to not interfere with the proposed Meadow Creek segment of the Rivanna Greenway Trails. This shall be verified by Department of Planning and Community Development review of the Building Permit. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact me. Sincerely, �,t V. Wayne i nberg Director of Planning Co unity Development VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse