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HomeMy WebLinkAboutSP198200075 Action Letter 11-.1 \ 588 January 19, 1983 (Regular Night Meeting) r ~ r I r n A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on Wednesday, January 19, 1983, at 7:30 P.M., in Meeting Room #7 of the Albemarle County Office BUilding, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. James R. Butler, Mrs. Patricia H. Cooke, Mr. Gerald E. Fisher, Mr. J. T. Henley, Jr., Mr. C. Timothy Lindstrom (arrived at 7:34 P.M.) and Miss Ellen V. Nash. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. R~bert W. Tucker, Jr., Director of Planning. Agenda Item No.1. Call To Order. The meeting was called to order at 7:35 P.M., by the Board Chairman, Mr. Fisher. Agenda Item No. la. Consent Agenda. The consent agenda, consisting of four items for information, was presented. Motion was offered by Mr. Lindstrom, seconded by Mr. Henley, to approve the consent agenda as presented. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. FiSher, Henley, Lindstrom and Miss Nash. NAYS: None. Item No. la.l. Report of the County Executive for the month of December, 1982, was presented as information in accordance with Virginia Code Section 15.1-602. Claims against the County which had been examined, allowed and certified for payment by the Director of Finance, and charged to the following funds for the month of December, 1982, were also presented as information: Commonwealth of Virginia Current Credit Account General Fund School Fund Cafeteria Fund Textbook Fund Joint Security Complex Fund Grant Project Fund Capital Improvements Fund Town of Scottsville 1% Local Sales Tax Mental Health Fund $ 757.41 2,408,531. 03 2,272,350.95 40,228.04 5,812.94 80,248.95 2,907.17 129,999.57 387.44 272,853.60 $5,214,077.10 Item No. la.2. Letter from Mr. James B. Murray, Jr., of the Albemarle County Indus- trial Development Authority dated January 13, 1983, regarding the expiration of Mr. Frank W. McCulloch's appointment to the Industrial Development Authority. Item No. la.3. Letter from Mr. Alan B. Howard, President of the Albemarle HOUSing Improvement Program Board of Directors, dated January 12, 1983, regarding the recent statewide competition for non-entitlement Community Development Block Grant funds. Since Albemarle County was ranked 27th of 150 proposals submitted, and only 23 proposals were funded, Mr. Howard encourages the County to reapply for such funds at the earliest oppor- tunity. . Item No. la.4. Letter from Ms. Elinor Crawford of The Meadows, dated January 14, 1983, thanking the Board for its support of the Meadows Community Center. Agenda Item No.2. ZMA-82-14. T. E. Wood. (Deferred from December 15, 1983.) Mr. Tucker said the Planning Commission has not yet acted on this item due to the applicant's request for deferral. Mr. Tucker recommended the Board defer this item to its meeting of February 16, 1983. Motion was offered by Mr. Henley, seconded by Mr. Lindstrom, to defer ZMA-82-14 to February 16, 1983. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. COOke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. Agenda Item No.3. SP-82-74. Ken Meyri. Request to locate a commercial recreation establishment (game room) in an existing structure on .576 acre zoned Highway Commercial. Located on south side of Route 250 West, approximately 300 feet west of Brownsville Market near Crozet. County Tax Map 55B, Parcel 16. Samuel Miller District. (Advertised in the Daily Progress on January 5 and January 12, 1983.) Mr. Tucker noted that the applicant requested withdrawal of this special permit application before the Planning Commission, therefore no action was required by the Board of Supervisors. Agenda Item No.4. SP-82-75. Clay Media, Inc. (WCHV). Request to locate radio towers on 9.806 acres zoned RA Rural Areas. Located approximately 400 feet west of Route 29 North across from Ridgewood Mobile Home Park. County Tax Map 46, Parcel 14A (part thereof, 2.650 acres) and Parcel 15 (part thereof, 7.156 acres). Rivanna District. (Advertised in the Daily Progress on January 5 and January 12, 1983.) --- .----- ---" --,_.- ~--.- January 19, 1983 (Regular Night Meeting) I.' cA.. 589 Mr. Robert W. Tucker, Jr., Director of Planning, read the County Planning Staff report as follows: Request: Radiowave transmission towers Acrea~e: 9.806 acres Zoning: RA Rural Areas Location: Property, described as Tax Map 46, Parcels 14A (part) and 15 (part), is located approximately 400 feet west of Route 29 North across from Ridgewood Mobile Home Park. Character of the Area: This site is located on a thirty foot right-of-way about 400 feet west of Route 29 North. The site is partially wooded and partially in scrub overgrowth of an old pasture area. Unauthorized dumping has occurred in the area. , '-- Staff Comment: Clay Media, Inc. (WCHV) proposes to locate five 260-foot broad~- cast towers and an 800 square foot equipment bUilding on this site. Staff has reviewed the proposal under 31.2.4.1 of the Zoning Ordinance and offers the following comments: 1. The use will not be of substantial detriment to adjacent property. This site is remote from existing urban residential development. The applicant has obtained a site of adequate area to provide some separation from adjOining properties. While the County's Real Estate Department believes that radio towers would affect property values in the area to a degree, it should be noted that high-value residential developments such as Ivy Farms, Ashcroft PRD, and Shadwell Mountain Estates have developed in prOXimity to existing towers. 2. Character of the district will not be changed; use would be in harmony with other uses and with purpose and intent of Zoning Ordinance. Staff opinion is that location of radio towers in this area would change the character of the area to the extent that the towers are visible. Because of tower height (i.e., in excess of 150 feet) and proximity to the Char- lottesville-Albemarle Airport, it is antiCipated that the Federal Aviation Administration (FAA) will require lighting and possibly painting of the towers. Located within the Rural Areas ~oning district, Staff would not anticipate conflict with agricultural uses. 3. Use will be in harmony with the public health, safety and general welfare. This site is located within the Airport Impact Area Overlay District and the towers must comply with sections 30.2.4.1 and 4.10.2.2 of the Zoning Ordinance. The towers would be set back from adjOining properties so as not to en- danger structures on adjOining properties. Staff opinion is that trespass fencing would be appropriate. As stated in the applicant's proposal, WCHV has been pursuing relocation of its transmitting towers in the Route 29 North corridor for several years. Staff opinion is that this location is more desirable than some other sites considered and recommends, that with appropriate conditions, the proposal would be in substantial consistency with the criteria of Section 31.2.4.1 of the Zoning Ordinance. Staff recommends approval, subject to the following conditions: I L o 1. Approval is limited to five (5) transmitting towers not to exceed two hundred Sixty feet (260') in height and an equipment building not to exceed eight hundred square feet (BoO sq.ft.) in floor area; 2. Zoning Administrator approval in accordance with Section 30.4.2.1 of the Airport Impact Area Overlay District and Section 4.10.2.2 of the General Regulations of the Zoning Ordinance; 3. Virginia Department of Highways and Transportation entrance approval at Route 29 North, and County Engineer approval of road specifications from Route 29 North to the site; 4. Staff approval of sketch plan including trespass fencing; o 5. Should the towers be abandoned, damaged, or otherwise in a state of disrepair, which in the opinion of the Zoning Administrator poses a hazard to the pUblic safety, the same shall be repaired or removed to the satisfaction of the Zoning Administrator within a reasonable time prescribed by the Zoning Administrator. o Note: Staff has not recommended a maintenance agreement in Condition Three, since traffic to the site, once construction is complete, would be less than if the site were developed residentially by right. Initial road is viewed as appropriate. Also, Section 4.10.3.1 of the Zoning Ordinance states that structures such as radio towers "shall not exceed one hundred feet (100') in height in a residential district". Staff opinion is that this limitation does not apply to the Rural Areas district since no reference is made to an agri- cultural district as occurs in other ordinance provisions. - /: / ~ : II'; ... January 19, 1983 (Regular Night Meeting) '580 n r I r r I I ~ .. Mr. Tucker noted that the Planning Commission at its meeting of January 4, 1983, voted to recommend approval of this special use permit with the five conditions stated in the Planning Staff report. Mr. Fisher asked about the terrain of the property. Mr. Tucker said there is a stream located on the site and the land has a gentle slope toward that stream. Mr. Tucker added that some grading of the site will be necessary, and that the proposed towers will be visible from surrounding properties. Mr. Butler said he has reviewed this proposal and felt the site was appropriate for this intended use. Mr. Fisher then declared the public hearing opened and first to speak was Mr. Michael J. LUdgate, General Manager of WCHV and President of Clay Media, Inc. Mr. Ludgate re- ferred to his written presentation (NOTE: Copy of this presentation, entitled "Proposal For Special Use Permit From Clay Media Inc. D.B.A. WCHV", is on file in the office of the Clerk to the Board of Supervisors.) Mr. Ludgate explained the reason for requesting five radio towers. Mr. Ludgate presented photographs for the Board's review of a five foot weather balloon floated at a height of 260 feet at the proposed site taken from various locations near the tower (Note: Four photographs are on file in the Office of the Clerk to the Board of Supervisors.) Mr. Ludgate presented a letter dated January 17, 19B3 from Mr. Donal Day, research associate of physics at the University of Virginia, stating that the proposed illumination from these towers in Hollymead and Carrsbrook would be twelve times less than a forty watt bulb at one hundred feet. (Note: Copy of Mr. Day's letter is on file in the office of the Clerk to the Board of Supervisors.) Mr. Ludgate noted that WCHV is the key Emergency Broadcast System radio station in this area to provide emergency information in times of national and/or local catastrophe. Mr. Ludgate said the new towers will improve service to many areas of the County, especially at night. Mr. Fisher asked if there was sufficient property to contain these towers should they fall. Mr. Ludgate stated that guy wire are constructed to collapse into a pile, but should they fall over at the full length, there would be sufficient property around the circumference to "catch" the entire tower should it fall. Mr. Fisher then expressed concern about the proliferation of towers throughout the County. Mr. Lindstrom asked what plans WCHV has for disposition of the old towers. Mr. Ludgate said the present towers would ultimately be dismantled, once an independent power generating system is operational at the new tower site. No one else from the pUblic wished to speak either for or against this requested special use permit, and Mr. Fisher declared the public hearing closed. Miss Nash asked about the application of Zoning Ordinance Section 4.10.3.1 relating to the restriction of towers to 100 feet in residential districts. Mr. Tucker said that zoning regulation does not apply to the RA district which is not considered a residential district, and mainly refers to personal "ham" radio operator towers. Mr. Lindstrom asked if the applicant would object to a sixth condition requiring the removal of the existing structures. Mr. Ludgate said he would like at least six months to remove the old towers after the new facilities become operational. Motion was then offered by Mr. Lindstrom to approve SP-82-75 with the five conditions as recommended by the Planning Commission and the addition of a sixth condition to read: "Presently existing towers are to be removed within one year from the time the new struc- tures become operational." The motion was seconded by Miss Nash. Mr. Butler commented that when he was an extension agent, it was very important during emergencies to receive the Emergency Broadcast System transmissions, and felt this was a very important consideration in approving the request for towers for WCHV. Roll was then called and the motion to approve SP-82-75 with six conditions carried by the fOllowing recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. Agenda Item NO.5. ZMA-82-16. Yancey, Anna M. & Eloise A., Trustees Etal. Request to re~one 20 acres currently zoned RA Rural Areas to R-4. Located south side of Route 250 West approximately 400 feet west of its intersection with Route 240. County Tax Map 56, Parcel 17D. White Hall District. (Advertised in the Daily Progress on January 5 and January 12, 19B3.) Mr. Tucker said he has just learned from the applicant's attorney that they wish to defer discussion on this petition. Mr. Fred Landess, representing the applicant, said he would like apprOXimately ninety days to discuss this application further with the Planning Staff. Mr. Fisher asked if anyone present wished to speak regarding this zoning map amendment. No one was present wishing to speak. Mr. Fisher said he could see no reason to not grant such a deferral. Mr. Tucker suggested April 20, 1983, at 7:30 P.M. Motion was immediately offered by Mr. Lindstrom, seconded by Miss Nash, to defer ZMA-82-16 to April 20, 1983. ROll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None.