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Home My WebLink AboutSP201800002 Application 2018-02-21FOR OFFICE USE ONLY SP # r) C j Fee Amount S Date Paid who? ZONING ORDINANCE SECTION bG Q -X— County L Appfieati®n for Special Use Permit Receipt # Ck# By: ��_ IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2 have been submitted. Also, please see the list on page 3 for the appropriate fee(s) related to your application. Staff will assist you with these items. PROJECT NAME: (how should we refer to this application?) ECC Bucks Elbow Replacement Tower PROPOSAL/REQUEST: Build 150 foot self-supporting tower within existing compound to replace 120' guyed tower. ZONING ORDINANCE SECTION(S): 10.2.2 6. Energy and communications transmission facilities EXISTING COMP PLAN LAND USE/DENSITY: Rural Area LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: 7045 Bucks Elbow Mtn. Rd. TAX MAP PARCEL(s): Tax Map 39, Parcel 1 B1 ZONING DISTRICT: Rural Area 3 (White Hall Magisterial District) # OF ACRES TO BE COVERED BY SPECIAL USE PERMIT if a portion, it must be delineated on a plat): Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. SP- 03-21 ® YES ❑ NO Are you submitting a preliminary site plan with this application? ❑ YES Z NO Contact Person (Who should we call/write concerning this project?): Gabe Elias, ECC Systems Manager Address 2306 Ivy Rd. City Charlottesville State VA Zip 22903 Daytime Phone L_) 434-971-3087 Fax ## (__) 434-971-1767 Owner of Record County of Albemarle c/o Finance Administration (Rm 149) E-mail interop@albemarle.org Address 401 McIntire Rd. City Charlottesville State VA Zip 22902 Daytime Phone (_)434-296-5855 Fax # (_) 434-8724598 E-mail albemadecountyfinance@albemarle.org Applicant (Who is the Contact person representing?): County of Albemarle c/o Charlottesville - UVA - Albemarle Emrg. Comm. Ctr. Address 2306 Ivy Rd. City Charlottesville State VA Zip 22903 Daytime Phone (_) 434-971-3087 Fax # (_) 434-971-1767 E-mail interop@albemarle.or Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers: No FOR OFFICE USE ONLY History: ❑ Special Use Permits: Concurrent review of Site Development Plan? ❑ YES ❑ NO County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Special Use Permit Application Revised 11/02/2015 Page 1 of 3 REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED ❑ One (1) completed & signed copy of the Checklist for a Special Use Pen -nit. ❑ One (1) copy of the Pre -application Comment Form received from county staff ❑ One (1) copv of any special studies or documentation as specified in the Pre -application Comment Form ❑ Seventeen (17) folded copies of a Conceptual Plan. ❑ Seventeen (17) copies of a written narrative with section TITLES as follows: PROJECT PROPOSAL The project proposal, including o its public need or benefit; o how the special use will not be a substantial detriment to adjacent lots, o how the character of the zoning district will not be changed by the proposed special use, and o how the special use will be in harmony with the following; • the purpose and intent of the Zoning Ordinance, • the uses permitted by right in the zoning district, • the regulations provided in Section 5 of the Zoning Ordinance as applicable, and • the public health, safety and general welfare. (be as descriptive as possible, including details such as but not limited to the number of persons involved in the use, operating hours, and any unique features of the use) • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURES The proposed project's impacts on environmental features. ❑ One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. ❑ One (1) copv of ownership information (if applicant is not also the owner). If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. See Attachment A in the Land Use Laiv Handbook for more information. ❑ As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stonnwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF FROM THE LINK BELOW: STAFF ANALYSIS OF ZMA & SP REQUESTS Special Use Pennit Application Revised 1 1/02/2015 Page 2 of 3 Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the b of my knowledge. By signing this application I am consenting to written comments, letters and or notifications gar ng this ap ication being provided to me or my designated contact via fax and or email. This consent does not prec SL4 t n ommunication from also being sent via first class snail. � tai/S' i Owner/Agent ure of Owner/Ant or Contract Purchaser Date Print Name Daytime phone number of Signatory Required FEES to be paid once the application is deemed complete: An email will be sent to the application contact once the submittal is deemed complete. What type of Special Use Permit are von annlvino fnr? ❑ New Special Use Permit $2,150 $1.08 for each additional notice + actual cost of first-class postage i Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) ❑ Additional lots under section 10.5.2.1 $1,075 ❑ Public utilities $1,075 ❑ Day care center $1,075 ❑ Home Occupation Class B $1,075 ❑ To amend existing special use permit $1,075 ❑ To extend existing special use permit $1,075 ❑ Farmer's markets without an existing commercial entrance approved by the VDOT or without existinE and adequate parking $527 ❑ Farmer's markets %% ith an existing commercial entrance approved b the VDOT and with existing and adequate parking $118 ❑ Signs under section 4.15.5 and 4.15.5A filed for review by the Board of Zoning Appeals under the Variance Schedule) $538 To be paid after staff review for public notice: Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications reviewed by the Board of Zoning Appeals, however, only require one public hearing and therefore require just one fee for public notice. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $400 and $450 per hearing. This estimate reflects the average cost of public notice fees for Special Use Permit applications, but the cost of certain applications may be higher. Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage i' Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage i Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) Special Exception —provide written justification with application - $457 Other FEES that may apply: >' Deferral of scheduled public hearing atapplicant's request $194 Resubmittal fees for original Special Use Permit fee of $2,150 ➢ First resubmission FREE i> Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,075 Resubmittal fees for original Special Use Permit fee of $1,075 E.�J_Hrch'aclditional esubmission FREE resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $538 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance Special Use Permit Application Revised 1 1/02/2015 Page 3 of 3 PROIF,CT PROPOSAL 77he project proposal, including Owned by the County of Albemarle, the Bucks Elbow radio repeater site is managed by the Charlottesville — UVA — Albemarle County Emergency Communications Center (ECC,) for which Albemarle County is the fiscal agent. The site provides critical public safety and public service radio communications for the City of Charlottesville, County of Albemarle, University of Virginia, US Department of Justice, Rivanna Water and Sewer Authority, Civil Air Patrol, and the County of Nelson. The tower also provides leased space for US Cellular, providing cellular and broadband communications. This project replaces the aging guyed tower, which no longer supports current or future needs. The existing 120 foot guyed tower will be replaced by a 150 foot self-supporting tower within the existing fenced compound. A temporary deed of easement with the surrounding landowner, negotiated in June of 2017 by the County, expires in November 2018. The area on the mountaintop contains numerous other towers and equipment buildings. Several residences are also located on the mountain's sides and top. The National Park and Skyline Drive are visible from the west side of the mountain. As this is a replacement of an existing tower, no additional impacts to the surrounding area are anticipated. o its public need or benefit; The Bucks Elbow site is critical to the comprehensive, County -wide public safety radio coverage and has provided substantial service to the County, City, and University for over twenty years. The replacement tower will be more robust and safer, while the existing tower, inherited by the County decades ago, lacks sufficient structural documentation history to be reliably sustained. The new structure will provide increased space for required additional equipment, necessary for the current regional radio infrastructure upgrade project. It will also provide additional space for Albemarle County Public Schools' wireless broadband system, which cannot be hosted on the existing structure. o bow the special use gill not be a substantial detriment to adjacent lots. The County, on behalf of the ECC, negotiated in 2017 a temporary deed of easement with the surrounding landowner. The replacement structure will not affect adjacent properties except during construction, which disruptions are handled in the deed, executed June 21, 2017 and approved by the Board of Supervisors. o how the chararter of the zoning district will not be changed bY the proposed special use, and The existing tower has very limited visibility from surrounding properties and rights-of-way. The replacement tower will not change the character of the district. o hose the special use will be in hannany with the following: • the purpose and intent of the Zoning Ordinance, The site is zoned Rural Area. The use would be consistent with the purpose and intent of the Ordinance. The proposed use would not conflict with the existing uses in the area or be in conflict with the Rural Area district. • the uses permitted by right in dee zoning district, The proposed structure replaces an existing one within the same fenced compound and would have no impact on by right uses in the district. ■ the regulations provided in Section 5 of the Zoning Ordinance as applicable, and Section 5.1.12, which applies to public utility transmission facilities, limits impairment or detriment to neighboring properties or development of same and this project does neither. • the public health, safe,% and general welfare. This project's sole purpose is to enhance the public health, safety, and general welfare by allowing the regional radio project to improve public safety and public service communications systems. • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistenry with the comprehensive plan. including the land use plan and the master plan for the applicable development area: COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 April 23, 2003 Wayne Campagna E911 Coordinator 2306 Ivy Road Charlottesville, VA 22903 RE: SP -03-21 Bucks Elbow Mountain/County of Albemarle; Tax Map 39, Parcel 1B1 Dear Mr. Campagna: The Albemarle County Board of Supervisors, at its meeting on April 16, 2003, by a vote of 6:0, approved the above - noted request. Please note that this approval is subject to the following conditions: The site development shall be in substantial compliance with the plans titled "Bucks Elbow Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01; and, Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within twenty-four (24) 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. 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 296-5832. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact me. Sincerely, V_ Wayne Cilip6berg V Director of PI nning 8 Comm ity Developm nt VWCh)cf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Matt Grimes, VDOT ONI '9NIMAMS N ONIS33.N]ON3 VNNYAId oil V N10SIA 'ALNnOJ 31SM391V SHAkOl OIOtld O3SOdOdd 801 Nnd311S SNOUVA313 (INV NVId311S A0013 03f18 N O n1a, YINI9NIA 'A1NnOJ 39NYN38"IY DNHAMuns$ sa:+.wo.i, mova oasrodoNdA110890d01 M 013 SHJMDNIN33NIDN3 YNNYAIa NO.i NYId31Is CV [: -- � • ; § § E{ ! 5 \ • ; ! ! � \ ; G \ � § / � : //( E!�!; §�z 1( " {2444§ _ !|(� �|| \(( `- o !w! 2 -4! - 4! \|<! )|<! } } } } } \ } \ \ !!>!!�!!°! w �Ix ,o \ § ix RA % /§.,. \ §@ a \ �� * ��)}\ / § ƒ E E $ / Co 04 j: §§4245!§! §•��!!!�! 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