staff report - king william county
TRANSCRIPT
Agenda, PC July 16, 2013
KING WILLIAM COUNTY PLANNING COMMISSION AGENDA
July 16, 2013 Regular Meeting – 7:00PM
1. Call to Order 2. Roll Call 3. Consideration of Minutes of June 18, 2013 Meeting
4. General Public Comment Period
5. Continued from April 16, 2013 meeting: Acquinton Church - Z-01-13
Proposal to add “Acquinton Church” and adjacent “store” property, tax map parcels 36-36 and 36-37, to Historic Preservation overlay district.
a) Update of request by Planning Dept staff b) Public comment c) Commission discussion d) Motion to Recommend Approval or Denial to Board of Supervisors
6. Public Hearing – Amendments to Conditional Use Permits CUP 89-77, 92-
106 and 92-107 Request to amend conditions placed on conditional use permits for RockTenn’s Mann Landfill.
a) Presentation of request by Planning Dept staff b) Public hearing c) Commission discussion c) Motion to Recommend Approval or Denial to Board of Supervisors
7. Review – Conditional Use Permit CUP 03-13
Request to construct cellular tower. a) Presentation of request by applicant b) Commission discussion c) Motion to set for public hearing
8. Unfinished Business
9. New Business
10. Adjourn to August 20, 2013 regular meeting
1
Minutes from June 18, 2013
MINUTES
KING WILLIAM COUNTY
PLANNING COMMISSION
JUNE 18, 2013
At a regular meeting of the Planning Commission, held on the 18th of
June 2013 at 7:00P.M. in the King William County Administration Building, the
meeting was called to order with the following members:
Present: John Breeden, Vice-Chair Alvin Carter Carlyle Clements David Ford Tara Roane, Chair Otto Williams Staff Present: Bret Schardein, Community Development Director LaVerne Otto, Planning Department Secretary
APPROVAL OF MINUTES OF APRIL 16, 2013 MEETING:
Chair Roane asked for a motion for approval of the minutes of the April 16,
2013 meeting. David Ford made a motion, seconded by Otto Williams, to
approve the minutes as printed. The vote was unanimous on this motion.
PUBLIC COMMENT PERIOD
Chair Roane opened the Public Comment Period.
There being no one to speak, Chair Roane closed the Public Comment
Period.
OTHER UNFINISHED BUSINESS
A) VDOT Six Year Improvement Plan
Staff provided information on the six year plan and any comments can be
provided to Staff for the Board’s review at their next meeting.
2
Minutes from June 18, 2013
B) Acquinton Church HP Rezoning
Following the April Planning Commission meeting, Bret Schardein,
Planning Director, met with a number of nearby property owners who had
questions and concerns with this proposed rezoning and its impact on their
property. Staff is waiting on a response from the Historical Society on why deed
restrictions would not be an option or perhaps a historic preservation easement
with the State. The Historical Society does not want to pursue either of these
options and wants to proceed with the local overlay zoning request. They have
asked to be on the July agenda and as discussed, the case will not be re-
advertised but there will be a public comment time for discussion. It was asked if
any consideration had been given to only having the Church property designated
and not the other vacant parcel and perhaps this would help with the concerns
raised by nearby property owners. Staff will discuss this with the applicant.
C) Comp Plan
Mr. Schardein noted that, due to time constraints, not much activity has
been done other than an intro and some population demographics. Staff had
thought about doing a total rewrite but feels that will take too much time and will
need to work more with the existing document. Staff plans to review the citizen
survey done in 2010 and come up with core goals and objectives. He suggested
that a subcommittee could be formed to meet outside of the regular Commission
meetings to work on this project. John Breeden made a motion, seconded by Otto
Williams, to appoint a subcommittee to meet as soon as possible to help Staff
with the completion of this project. Chair Roane and John Breeden volunteered to
work on this subcommittee and will review meeting dates with Staff.
3
Minutes from June 18, 2013
REVIEW – AMENDMENTS TO CONDITIONAL USE PERMITS 89-77, 92-106 AND 92-107
Bret Schardein, Planning Director, stated that the original Conditional Use
Permit for the Mann Landfill that is being used by RockTenn in West Point was
approved in 1989. In 1992, two additional Conditional Use Permits, with
conditions, were approved. Rock Tenn, the current owner of both the West Point
packaging mill and the landfill, is requesting amendments to some of those
conditions to update them with the current status of the landfill’s design and its
use. Some of the conditions were one-time requirements which have long-since
been met, while others are reporting requirements which are redundant given the
State oversight and requirements related to landfills. It was noted that Carole
Hamner, Environmental Manager for RockTenn, is in attendance and available to
answer any questions.
Carole Hamner, Environmental Manager, Rock Tenn, stated that the
Conditional Use Permits were issued a long time ago and a number of the
requirements were one-time requirements that have been met. This request is
revise the Conditional Use Permits to reflect the current status.
A brief discussion followed on the landfill’s expansion, height and plans
for the landfill when full. Ms. Hamner stated that the permit is for a tract of a
land and they use an area and when that area becomes full, will move to another
area within that tract of land. She did not have information on the maximum
height but will provide that information but did note that the landfill still has a
twenty year life. Once filled, it would be treated as a closed landfill. Mr.
Breeden asked for a tour of the landfill before the public hearing and Ms. Hamner
will arrange this.
Following discussion, Carlyle Clements made a motion, seconded by
David Ford, authorizing a Public Hearing on the proposed amendments to
Conditional Use Permits 89-77, 92-106 and 92-107 for the July 16, 2013 regular
Planning Commission meeting. The vote was unanimous on this motion.
4
Minutes from June 18, 2013
NEW BUSINESS
A) Stormwater Management Program
Staff noted that the State of Virginia mandated that all localities adopt
local stormwater management programs by July 1, 2013 with a possible extension
of July 1, 2014. Staff will be providing a draft ordinance for the Commission’s
review in the near future and will be attending a meeting this week on this subject.
This program is largely dictated by State requirements with some flexibility to
meet local needs. A brief discussion followed on how this program might be
implemented such as training, certifications required, etc.
B) Community Development Department April-May Update
Staff briefly reviewed this first update and plans to provide this type of
information each month and if there are any items that Commission members
would like to have included in this type of report, please let Staff know.
C) Cluster Division Draft Ordinance
Staff was asked to provide a draft Cluster Subdivision Ordinance and
noted that the County may have looked at something in the past but not sure what
happened with that information. Virginia State Code adopted in 2006 required
that high growth localities (King William being one of them) adopt provisions in
their ordinances to allow for “cluster” style developments which preserve open
space by July 1, 2007. The County, as of today, has not yet adopted provisions
which meet the State requirements. Several years ago the County settled a lawsuit
with an applicant who proposed a cluster development, which was not permitted
by the County’s ordinances. There is interest again now for a cluster
development. In an effort to meet the ordinance requirements mandated by the
State Code of Virginia, Staff has developed provisions for cluster development
which could be incorporated into the County Code. A draft ordinance was
provided to Commission members for their review and will be on the July agenda
for further review and setting of a public hearing.
5
Minutes from June 18, 2013
D) Cell Tower Balloon Test
Staff is anticipating an application to be submitted for a cell tower in the
Aylett area. A balloon test to simulate the full height of the tower, postponed
earlier this week, is now scheduled for Thursday, June 21st (8AM-Noon).
National Communication Tower will have their staff on site and Staff has maps
for anyone needing information.
GENERAL COMMISSIONER COMMENTS
David Ford thanked everyone for coming to tonight’s meeting.
John Breeden noted that with projects coming in the future such as the cell
tower, stormwater management program and cluster subdivision ordinance he is
looking forward to making good progress on the Comp Plan. He extended best
wishes to Ryan Fletcher, Environmental Compliance Officer, who has accepted a
job with Hanover County and also thanked Staff for their work. He thanked
everyone for attending tonight’s meeting.
Carlyle Clements thanked everyone for coming to tonight’s meeting.
Alvin Carter asked about the status of the Burger King project and
possibility of natural gas for customers other than Purina. Staff stated that the
engineer with the Burger King project had contacted the County to see what they
needed to do to get their project underway. Information was forwarded to them
indicating that land disturbance would be needed but have not heard from them
since sending that information but will follow up. As to the possibility of natural
gas, Staff is not sure of its availability but will check into the matter. He also
thanked everyone for attending tonight’s meeting.
Otto Williams thanked everyone for coming and noted that as the
Commission works on the projects such as stormwater and cluster subdivision
ordinance he would encourage citizens to attend and provide input. He also
noted that they had worked hard with individuals on the Comp Plan in the past
and discouraged that the project has not been completed but will continue to work
on this project as well.
Madam Chair Roane also thanked everyone for attending tonight’s
meeting and expressed appreciation for Staff’s work.
6
Minutes from June 18, 2013
ADJOURNMENT
Being no further business, Otto Williams made a motion, seconded by
John Breeden, to adjourn the meeting. Madam Chair Roane adjourned the regular
meeting at 7:35 P.M.
Tara Roane LaVerne J. Otto Chair Secretary
7
REZ 13-01 Staff Report July
MEMORANDUM Continuation of
Z-01-13 Planning Commission
July 16, 2013 Processing schedule: If the Planning Commission makes a recommendation
at their July 16th meeting, the Board of Supervisors may conduct their public hearing as early as Monday August 26, 2013.
Application Information:
Applicant/Owner: King William County Historical Society Requested action: Rezone property to include Acquinton Church and
adjacent “Warner- Edwards store” property into Historic Preservation overlay district
Tax map parcels: 36-36 and 36-37 Address: 36-36 (5703 Acquinton Church Road, King William
VA 23086), 36-37 (no address assigned) Voting District 2, Courthouse Zoning: A-C Agricultural-Conservation Comp Plan recommendation: Agricultural-Conservation Size: 36-36 (1.92 acres), 36-37 (1.91 acres) Existing uses on the site: Community functions, cemetery and forest Existing structures on site: 36-36 (church, gravel parking/drive isle, graveyard
and forest), 36-37 (collapsed building, forest) Attachments: A) Application materials from April meeting packet B) New documents (Resolution and letter from Historical Society)
Summary of Request:
The applicant proposes to include the two above referenced properties into the Historic Preservation overlay district. The request does not include any surrounding or additional properties. The purpose of this district is to preserve structures and properties which have historic, cultural or architectural significance and is Sections 86-341 to 349 of the zoning ordinance. As the HP is an overlay zoning district, the approval process is the same as a conventional rezoning. The property would still maintain its primary zoning classification of Agricultural Conservation (A-C) whose regulations would still apply.
New construction, signs, or demolition or reconstruction of existing structures
8
REZ 13-01 Staff Report July
within HP overlay zoning would be subject to review and approval by the Historic Preservation and Architectural Review Board prior to construction taking place. This review does not apply to regular maintenance or interior work not within the public view. The district also prohibits certain commercial and industrial uses on the property as listed in 86-342(8)c, however it is worth noting that the primary A-C zoning classification prohibits most of these uses anyways, with single and doublewide manufactured homes being the only additionally excluded uses in HP zoning which would otherwise be permitted in an A-C district.
In response to questions from the Planning Commission and concerned citizens, the applicant responded to two other options for protecting the properties’ historic integrity, through deed restrictions or historic preservation easements. In the attached letter the applicant states that these are less favorable than local overlay zoning. Additionally the Historical Society passed a resolution stating they would not seek to expand the overlay zoning on these properties to include any adjacent properties in the future.
Public Notification: As this is a continuation of Planning Commission action, all public notice requirements were met with the previous meeting with legal notices having ran in the Tidewater Review on April 3rd and 10th 2013 and adjacent property owner notices were mailed on April 5th 2013. Notice of the meeting was also posted in the County Administration Building and on the County’s website. Public Input: Since the input received at the public hearing at the Planning Commission’s April meeting, Director of Community Development Bret Schardein and Supervisor Otto Williams met with concerned members of the neighboring Rehoboth Church, as well as adjacent and nearby property owners on May 1. They generally all shared the same concerns, that having this HP overlay on properties next door could either eventually lead to their properties being included in the overlay, or that the restrictions of the HP overlay could be applied to their properties. They expressed they would be in favor of protecting the properties through deed restrictions or historic preservation easements (the applicants response to these options is in an attached letter), but would remain opposed to HP overlay zoning. Input from various agencies: The application materials were submitted to VDOT and the Virginia Department of Historic Resources (DHR) for review and comment. VDOT had no comments to provide regarding the proposal as there are no proposed or expected changes to the public road as a result of the rezoning. As of July 9th staff has not received a response from DHR, however their review is an optional courtesy extended to localities and is not required. At the April
9
REZ 13-01 Staff Report July
4th 2013 meeting of the King William County Historic Preservation and Architectural Review Board there was a unanimous vote in favor of approving the rezoning. Draft Motions: To recommend approval: Mrs. Chair, I move that the Planning Commission recommend the Board of Supervisors approve Z-01-13, a rezoning request in accordance with Sec. 86-342 of the King William County Zoning Ordinance to include tax map parcels 36-36 and 36-37 into the Historic Preservation overlay district as it is consistent with the goals and policies of the Comprehensive Plan and Zoning Ordinance. To recommend denial: Mrs. Chair, I move that the Planning Commission recommend the Board of Supervisors deny Z-01-13, a rezoning request in accordance with Sec. 86-342 of the King William County Zoning Ordinance to include tax map parcels 36-36 and 36-37 into the Historic Preservation overlay district, as it is not consistent with the goals or policies of the Comprehensive Plan or Zoning Ordinance.
Bret Schardein Director of Community Development
10
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Contact :227 Horse Landing Road PO Box 233 King William, Va. 23086 Phone: 804 769-9619 E-Mail Address: [email protected] Website: Kingwilliamhistory.org Board Members: Carl Fischer Adele Smith Bob Hubbard Ruth Armatage Emilie Townsend Herb White Guy Townsend Patricia Haile Steve Colvin Alvin Lomax Lloyd Huckstep David Brown Society Purpose: This society shall be the collection and preservation of everything relating to history, antiquities, and literature of the County of King William. County Namesake: William III; King of England, Scotland and Ireland from April 11, 1689 to March 19, 1702
King William County Historical Society
June 9, 2013 To: Members of the King William County Planning Commission Subject: Historical Society’s Request to Place Parcels 36-36 and 36-37 In a County Historic District We wish to place these parcels which we own in a County Historic District in order to ensure their long term preservation. Once placed in such a district any exterior changes would have to be reviewed by the County’s Historic Preservaton and Architectural Review Board (HPARB). Placing them in such a district has no impact on what the adjoining property owners can or can not do with their properties. The County has confirmed this fact with them. In fact such a district has potential indirect benefits to these property owners. They would be assured that the church property would be maintained in its current condition and any changes would be reviewed by the County’s HPARB. In addition, there are several uses that would be prohibited on the church property e.g. salvage yards, automobile service stations etc. It has been suggested that the King William County Historical Society pursue a Virginia historic easement for the properties, rather than rezoning them as a County Historic District. This would require nomination of the properties to the state and federal registers of historic places, acceptance of the easement by the Virginia Board of Historic Resources and the Virginia State Review Board, and could cost several thousands of dollars to complete. If the easement was placed on the property the Commonwealth of Virginia, not the County, would be responsible for overseeing the property. Another suggestion was to put deed restrictions on the property. If done, the County’s HPARB would not oversee the property. Deed restrictions do not provide flexibility if changes are necessary and does not directly provide for anyone to oversee the property. The goal in designating these parcels a County Historic District is to preserve their historic integrity. We have offered in writing to sit down with the adjacent property owners, but they have not responded to our offer. We have also sent to them a resolution (copy attached) passed by the Historical Society stating that the society would not attempt or support expansion of the historic district beyond the property currently owned by the society. It is our hope that you will approve our request to provide long term protection to this property. Carl R. Fischer President
24
Contact Information: Address: 227 Horse Landing Road PO Box 233 King William, Va. 23086 Phone: 804 769-9619 E-Mail Address: [email protected] Website: Kingwilliamhistory.org Board Members: Carl Fischer Adele Smith Ron Parker Herb White Lloyd Huckstep Audrey Mitchell Marie Jennings Robert Moran David Brown Rebecca Townsend Society Purpose: This society shall be the collection and preservation of everything relating to history, antiquities, and literature of the County of King William. County Namesake: William III; King of England, Scotland and Ireland from April 11, 1689 to March 19, 1702
King William County Historical Society
Whereas the King William County Historical Society (KWCHS) owns Acquinton Church (tax map 36-36) and the Warner-Edwards store across from the Church (tax map 36-37). Whereas the KWCHS wishes to place both of these properties in a King William County Historic District in order to assure the long term preservation of the properties. Whereas the creation of this Historic District will not affect the status of the adjacent properties. Whereas the KWCHS does not wish to have the Historic District extend beyond the bounds of the properties it owns. Whereas the adjacent property owners are concerned that the Historic District may be expanded further in the future and thus affect their property. There for be it resolved that the KWCHS will not now or at any time in the future seek to expand the Historic District beyond the property it currently owns. Approved by the Membership of the King William County Historical Society at it’s meeting on Sunday April 21, 2013. Audrey Mitchell Corresponding Secretary
25
CUP Amendments 89-77, 92-106 and 92-107 Staff Report
MEMORANDUM Planning Commission Public Hearing
Amendments to Conditional Use Permit conditions on CUP 89-77, 92-106 and 92-
107
July 16, 2013 Processing schedule: If the Planning Commission makes a recommendation
at their July 16th, 2013 meeting, the Board of Supervisors may conduct their public hearing and act on the request as early as Monday August 26, 2013.
Application Information:
Owner and applicant: RockTenn CP, LLC Requested action: To revise conditions attached to three conditional
use permits related to the landfill, to bring them up to date with the current status and operations of the landfill.
Tax map parcel: 56-12C Address: 30895 King William Avenue, West Point VA 23181 Voting District 2 Zoning: A-C, Agricultural-Conservation Comp Plan recommendation: Agricultural-Conservation Size: 283 acres Existing uses on the site: Industrial landfill for waste from
RockTenn’s West Point packaging mill. Existing structures on site: Two closed landfill pits, two working landfill pits
and various supporting infrastructure (roads, leachate pumping station, monitoring wells, office trailer, heavy equipment, etc.)
Attachments: A) Application B) Original CUP 89-77 approval letter C) Proposed conditions for CUP 89-77 (revised based on staff comment) D) Original CUP 92-106 approval letter E) Proposed conditions for CUP 92-106 F) Original CUP 92-107 approval letter G) Proposed conditions for CUP 92-107 H) Landfill general site plan I) Tax parcel map of landfill
J) Aerial image of landfill
26
CUP Amendments 89-77, 92-106 and 92-107 Staff Report
Summary of Request:
The landfill operation, known as the Mann Landfill, started around 1973 as a small sanitary landfill. In 1978 the owner (at that time, Chesapeake Corporation) expanded the site to include 11 total acres and began using it to store the waste from their West Point mill. Once a zoning ordinance was adopted, which included a requirement that landfills require a conditional use permit, the landfill became a pre-existing non-conforming use due to the lack of such a permit, meaning it was grandfathered in its current state, but any expansion or significant change would require a permit. In 1989 the owner sought to expand the landfill to be sized for the next 50 years of expected capacity. The expansion required the landfill to obtain a conditional use permit to meet the current requirements of the zoning ordinance. The conditional use permit was approved on December 28, 1989 with nine conditions. In 1992 the owner applied for two additional conditional use permits to allow for the construction of leachate pumping facilities which would transfer the landfill’s wastewater back to the mill in West Point for processing at the mill’s wastewater treatment plant. On October 22, 1992 the Board of Supervisors approved both of the permits, known as CUP 92-106 and 92-107 with eight total conditions (five conditions on 92-106 and three conditions on 92-107). Today RockTenn, the current owner of both the West Point packaging mill and the landfill, is requesting amendments to some of those conditions to update them with the current status of the landfill’s design and its use. Some of the conditions were one-time requirements which have long-since been met, while others are reporting requirements which are redundant given the State oversight and requirements related to landfills.
Draft Motions: To recommend approval: Mrs. Chair, I move that the Planning Commission recommend the Board of Supervisors approve the proposed amendments to the conditions of Conditional Use Permits CUP 89-77, 92-106 and 92-107, as they would be consistent with the goals and policies of the Comprehensive Plan and Zoning Ordinance. To recommend denial: Mrs. Chair, I move that the Planning Commission recommend the Board of Supervisors deny the proposed amendments to the conditions of Conditional Use Permits CUP 89-77, 92-106 and 92-107, as they would not be consistent with the goals and policies of the Comprehensive Plan and Zoning Ordinance.
Bret Schardein Director of Community Development
27
Zoning Case #89-77
1. The leachate pit, if constructed above ground, shall be fenced on the sides and screened above, to prevent animals from reaching the leachate water.
2. A one hundred (100) foot buffer between the Hunt Club property shall be created and maintained between the various phases and the adjoining Hunt Club property. As depicted in Drawings Ches 4 and Ches 5 (Attached), which were submitted to the DEQ in 1990 for the Landfill Permit application, the Hunt Club access road, monitoring wells, storm water retention basins, and access to those, may be included in the buffer area.
3. Only waste generated by the Owner’s operation of the West Point containerboard mill shall be placed in the landfill.
4. The undisturbed areas of the Mann Landfill site, as depicted on the Existing and Proposed Site Plans, prepared by Black & Veatch, Inc., dated August 10, 1989, shall remain undisturbed.
5. The Owner will provide the County Administrator or staff access, upon request, to the quality-assured results of all analyses of groundwater from monitoring wells at the Mann Landfill. The sampling frequency and parameters analyzed shall be in accordance with current regulations and the Groundwater Monitoring Program that are part of the Solid Waste Permits, administered by the Virginia Department of Environmental Quality.
6. The Owner will maintain and enforce for the active life of the Mann landfill, a policy of triple rinsing and crushing all drums, barrels, cans or other containers containing process chemicals which are five gallon size or larger before they are disposed of in the landfill. The Owner will also maintain and enforce for the active life of the Mann landfill its policies that petroleum-based containers will be emptied and crushed prior to disposal and that thinners, inks, dyes and solvents containing hazardous or polluting compounds will not be disposed of in the Mann landfill.
17CUP 89-77 proposed conditions 33
Revised May 2013
Case: 92-106
1. The building and electronic equipment for controlling and monitoring the well and their pumps will follow the plans the Owner submitted to the Board of Supervisors of King William County that are presented on Drawings 19392.03-DM-3093 and 19392.03-DY-2005-1.
2. The amount of water withdrawn from the wells may not exceed the amount permitted by the current Groundwater Withdrawal Permit issued to the Owner by the Virginia Department of Environmental Quality (DEQ). All applicable erosion and sediment control and stormwater management measures will be utilized and followed in the constructions of the building and adjacent pipelines.
3. Monitoring reports submitted to the DEQ, as required by the current ground water withdrawal permit, will be made available to the County Administrator and/or staff upon request.
4. The pumping system shall be approved by the DEQ and the Virginia Department of Health as applicable.
19CUP 92-106 proposed conditions 35
May 2013 Revision
Case: 92-107
1. The leachate pump station will follow the drawing submitted on Mann Landfill, in Part B of the Mann Landfill permit application (Black and Veatch 8-1-91) that pertains to the leachate pumping station.
2. All applicable erosion and sediment control and stormwater management will be utilized and followed in the construction of the pump station and the adjacent pipelines.
3. Quarterly reports showing the volume of leachate flowing through the pump shall be submitted to the Zoning Administrator. Any leakages of leachate shall be immediately reported to the Zoning Administrator. The owner shall monitor the flow rate of leachate through the pipeline, inspect it annually and report any leakages to the zoning administrator.
21CUP 92-107 proposed conditions 37
KING WILLIAM RD
CUSTIS MILLPOND RD
BOSWELL LN
56-12C
61-1656-14B
56-14
56-1256-14B
61-16
RR ROW
55-58
56-16K
56-13
56-4-4
56-8
62-2K
55-54B55-54A
56-5-5
56-5-4
56-8C
56-4-1
56-5-3A56-5-6
56-5-7
56-15
56-14E
56-11D
62-1
56-12A
56-8B
56-5-356-5-6A
56-5-7A
62-2J
56-16J
55-1-5
62-2J
56-4-256-5-2A
62-2K
62-2H
55-56
55-5756-5-2
56-3-5
56-11H
56-8D
55A-755-54
55A-1355A-16
55A-6
56-14A
56-14D
56-5-4A
56-11C
55A-20
55-59
55A-256-11
56-11F
56-11A156-11A
55A-5
55A-12 55A-8 55A-9
55A-11
55A-17
55A-10
55A-4
56-11G
55A-15
56-3-2
55A-14
62-2H
55A-156-12B
56-11B
62-2G
56-16G
56-16
55-53C±
Pamunkey River
23Landfill GIS tax map 39
CUP 01-13 Staff Report
MEMORANDUM Review of Conditional Use Permit CUP
03-13 Planning Commission
July 16, 2013 Processing schedule: If the Planning Commission sets the request for
public hearing and makes a recommendation at their August 20, 2013 meeting, the Board of Supervisors may conduct their public hearing and act on the request as early as Monday September 23, 2013.
Application Information:
Applicant: National Communication Towers, LLC. Owner: Charles S. Watkins, IV Requested action: Conditional use permit to construct a
communications tower. Tax map parcel: 22-10 Address: no address, located on Commins Road, Aylett VA Voting District 3, Aylett Zoning: A-C, Agricultural-Conservation Comp Plan recommendation: High Density Residential Size: 196 acres Existing uses on the site: None Existing structures on site: Forest, dirt roads
Attachments: A) Application
Summary of Request:
Prior to 2013, towers were a use by Special Exception acted on by the Board of Zoning Appeals. With the removal of the special exception process from the ordinance in 2012, towers became a use by Conditional Use Permit, subject to review and recommendation by the Planning Commission and approval by the Board of Supervisors.
Suggested Motion: Mrs. Chair, I move that the Planning Commission set the proposed Conditional Use Permit, CUP 03-13 for public hearing at the Planning Commission’s regular meeting on August 20th, 2013.
Bret Schardein Director of Community Development
41
National Communication Towers, L.L.C.
Aylett Tower – Commins Road TM 22-10
Table of Contents
SECTION DESCRIPTION
1 CUP Application / Application Overview for the Aylett tower
2 Property Tax Card / County Tax and Zoning Maps
3 NCT Lease Aerial
4 Lot Line Overlay
5 List of Adjacent Property Owners
6 Statement of Justification and Impact
7 Service Maps With and Without Gaps
8 General Guidelines Statement
9 NIER Letter (Maximum Permissible Exposure and Interference Letter)
10 Statement of Collocatable Structures
11 Statement of Willingness to Allow Collocation / Collocation Affidavit
12 Tower Design Letter / Tower Engineer’s Design Document
13 Proposed Construction Schedule
14 Additional Information Statement
15 Survey / Site Plan / Fence Detail
16 Verizon Wireless Letter of Intent and Propagation Studies
17 Balloon Flight Visibility Study / Statement / Ad Copy
18 Statement of Visual Impact
42
4
DATE:_________________ KING WILLIAM COUNTY, VIRGINIA APPLICATION FOR CONDITIONAL USE PERMIT 1. Owner: Name: Address: Phone Number: 2. Applicant: Name: Address: Phone Number: 3. Property description: (a) Size (acres): Road frontage: (b) Deed recorded in Deed Book at Page Plat recorded in Plat Book at Page Tax Map: ____ Section , Parcel (c) Zoning District: 4. Hours of operation of the planned facility: 5. Describe water supply plans: 6. Describe sewage disposal plans: 7. Attach a statement describing how specific conditions stated in Article X, Sec. 86-451, of
the Zoning Ordinance for the type of project planned will be met.
43
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
County of King William
Application Overview for Conditional Use Permit
Aylett Tower
1. The proposed communication facility will enhance the quality of life and the safety of the residents and the general public within the projected service area of the communications facility by providing wireless services along the Rt. 360 corridor. The facility will also provide the infrastructure needed to support the equipment of County’s Sheriff’s Department and Emergency Services should it be needed by these agencies.
2. The proposed facility will not emit noise or other types of pollution into the environment. Since it will be unmanned it will not require County Services such as water and sewer. Road use impact is minable and once constructed the facility will generate from 6 to 8 light vehicular trips into the site a month. Also, there has been no documented evidence of diminished property values due to communication facilities or other types of utilities such as power substations, transmission lines, telephone poles and water tanks.
3. The proposed facility is located on a 196 acre parcel of land owned by Charles S. Watkins IV. The proposed communications facility will be located within the AC Zoning District. No variance to the Zoning Ordinances is being requested for this facility. The surrounding properties vary in size and the facility should not have an adverse impact on them for future use. The compound of the facility will be screened from the view of Commins Road and will not be visible from Rt. 360.
4. The Compound area of the proposed facility will be screened from the view of adjacent parcels by the existing trees growing on the parcel. The buildings and the equipment in the compound will be of a neutral color and the Self Support Tower will have a non-glossy galvanized finish. The proposed Self Support Tower will not be lit, also no signage or advertisement placed on the tower. There is no verifiable evidence Communication Towers, Substations, Transmission Lines and Towers, Telephone Poles and Water Tanks contributing to the devaluation of properties these structures are located on or adjacent to.
45
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
5. Power and Telco exist along Commins Road will be installed to the site along the proposed access road. Utilities will tie into the existing lines and will be buried underground to the site. The site and the access road will be designed by a Certified Engineer licensed to do business in the State of Virginia and will comply with all Local, State and Federal regulations and building codes.
6. The ingress/egress of the site will utilize an existing entrance into the parcel off of Commins Road. The entrance will comply with the most current VDOT standards. Once the site is constructed an estimated 6 to 8 trips a month by light duty vehicles is anticipated into the site.
7. Adequate parking and turn-around space will be provided at the proposed facility. There will be no odor, noise, glare or economic deprivation associated with the facility or imposed on adjoining properties.
8. The proposed facility will not generate any refuse; nor will any refuse or toxic substances be introduced into the site.
9. The compound, fence and support structures of the proposed facility will be buffered from the view of existing roadways and by existing vegetation and tree growth on the parcel.
10. No signs or advertising will be placed on the tower; however an 18” X 24” site identification sign will be placed on the compound fence. The tower will not be lit and no security type lighting will be installed at the site.
11. All setback requirements will be met or exceeded and the tower will be designed to collapse within the lot lines of the parcel. The proposed facility consists of a Leased Area of 125’ X 125’ with a 30’ Ingress/Egress, Utility Easement.
46
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
12. The King William County Zoning Ordinances permits towers and communication facilities in AC districts by a Conditional Use Permit. Also, the lack of Cellular Communications in the area further solidifies the need for the proposed facility and its compatibility with adjacent and other properties within the zoning district.
13. The site is located within the lot lines of a 196 acre parcel of land zoned AC. The facility will be constructed on the east side of Commins road, approximately 2,800’ west of Rt. 360.
14. National Communication Towers, LLC will comply with all applicable regulations of the zoning district and any Conditions of Approval imposed by the Board of Supervisors of King William County.
Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
47
Last Updated November 2012
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KING WILLIAM COUNTYMap information is believed to be accurate, but accuracy is not guaranteed. Any errors or omissions should be reported to the Commissioner of Revenue's office. In no event will King William County be liable for any damages or other pecuniary loss that may arise from the use of this data.
´LEGEND
RailroadsCounty Boundary Routes
Roads / Alleys Sections / BlocksLots Streams
Water Bodies
600 0 600 1,200 1,800300Feet SECTION 22ACQUINTON DISTRICT
15
2321
29
48
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
Statement of Justification and Impact Conditional Use Permit Application
National Communication Towers, LLC
Aylett Communications Tower,
King William, Virginia
National Communication Towers L.C. (“National”) as lessee, hereby applies for a Conditional Use Permit to allow a telecommunications facility and accessory structures on leased land. The leased land is located on property known by Tax Map Parcel 22-10. The Lease area is located approximately 900’ east of Commins Road, approximately 2,800 feet west of Rt. 360. According to the tax records of King William County it is owned by Charles S. Watkins IV, 767 Old Newcastle Road, Manquin, VA 23106.
National is requesting a Conditional Use Permit to allow a self support Tower, measuring approximately 195’ in height with a 4’ lightning rod, to be located on a leased area, measuring 125’ x 125’. The facility will be designed to allow multiple collocations on the tower and within a secure fenced compound area. The exact number and types of future users is difficult to predict, however the tower will be designed to accommodate a mix of carrier types. The design mix will include: 6 or more users of panel antennas (typically 15 panels, 12” wide x 96” high, per user). Likewise, the compound area is designed to accommodate a mix of shelter types and sizes as denoted on the drawings submitted with this application.
The 196 acre parcel is zoned AC, according to the King William County zoning ordinance, telecommunication facilities are permitted on AC zoned properties, with Conditional Use Permits. Proper setback distances have been observed and are denoted on the enclosed plans.
National develops telecommunication facilities for collocations by cellular, PCS, paging and other wireless services which rely upon a network of elevated platforms in areas where the carriers have gaps in signal coverage, or “holes.” Such a hole exists along the Route 360 corridor. Supported by propagation studies, National believes communications facility located on the subject parcel will enable carriers to fill this gap, while minimizing the effect on surrounding property owners. The 145’ Radiation Center on the tower and space in the compound will be reserved for King William County’s Emergency antennas rent free.
51
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
The FCC has authorized several carriers to provide wireless services in this part of King William County. Those carriers include: Sprint, AT&T, Nextel, Verizon Wireless U.S. Cellular and Ntelos.
The facility will be in continuous operation but will produce no interference with other types of communications including: radio, television, cable TV, garage door openers or other consumer electronic equipment. No offices will be constructed on the site, so neither sewer nor water facilities will be required. The facility will produce no refuse, noise, vibration, dust, glare, odors or fumes. Neither National nor any of the tower users will introduce hazardous or toxic substances to the site. After completion of construction, the only traffic associated with the site will be short visits by technicians on a monthly basis to test or replace equipment components. In most instances towers below 200’are not required by the FAA to be lit.
The facility will provide a vital public safety service to this part of the County in two important ways. First, the County may incorporate the tower into its communication network utilized by law enforcement and fire and rescue personnel. Second, this new facility will enable wireless services to be extended to this part of the County, enabling the public at large to utilize those services for important medical or life-safety calls.
The proposed use conforms to the provisions of all applicable ordinances, regulations, adopted standards and conditions. National is not seeking any wavier or variance for the proposed use at this time. National respectfully requests the approval of this Conditional Use Permit application.
Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
52
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
FEDERAL REQUIREMENTS
The tower will be designed to meet or exceed all current standard and regulations set forth by all Local, State and Federal agencies including the FAA and FCC. The emissions will not exceed the allowable standards set by the FCC.
BUILDING CODES
The current standard is Revision “F”, the tower will be designed under revision “G” which is a more stringent structural design. The tower will also be designed and maintained in compliance with all Local, State, and Federal regulations and building codes. The tower is designed for a 90 mph basic wind in accordance with the TIA/EIA-222-G standard and is also designed for a 30 mph basic wind with 0.75 in. ice. Deflections are based upon a 60 mph wind. The tower is designed for Exposure C to the TIA-222-G standard. The tower structure is designed according to Structure Class II, Topographic Category 1 and a crest height of 0' per the TIA-222-G Standard. All construction practices will be in compliance with the current OSHA Handbook. The tower will be designed to collapse within the lot lines of the parcel.
Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
55
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
STATEMENT OF COLLOCATABLE STRUCTURES National Communication Towers, LLC has verified there are no other suitable structures within a 2 mile radius capable of meeting the service coverage objectives. The closest tower is 2.5 miles to the south and will not bridge the coverage gap of 5.4 miles to the ATC Tower to the northeast. Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
58
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
STATEMENT OF WILLINGNESS TO ALLOW COLLOCATION National Communication Towers, LLC is a developer of communication facilities and is licensed to do business in the state of Virginia. An extensive amount of research is dedicated to each location to determine if there is a need for a communications facility in a given area. Once a need is established and a site is identified, NCT will start the design process for the facility. The facility will be designed for the maximum potential of collocations including both phone and data transmissions and will accommodate a minimum of six collocations. NCT will actively market and solicit collocations within the facility to all users that are licensed to broadcast cellular phone transmissions and both licensed and unlicensed data transmissions. Should an additional tower be needed the site will be designed to accommodate the construction of an additional structure. Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
59
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
COLLOCATION AFFIDAVIT This Affidavit is to confirm the Ground Lease to be executed by and between National Communication Towers, LLC and Charles S. Watkins IV does not in any way prohibit or impede the collocation of users on the tower provided their equipment is within the design parameters of the tower. Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
60
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
May 17, 2013 Aylett King William Co., VA 37-46-33.84N -77-7-16.5W National Communication Towers (NCT) is requesting a quote for a self support lattice tower with the following specifications: Height: 195’ Self Support Tower plus 4’ lightning rod Loading:
Safety Climb Step Bolts Designed to collapse within 125’ X 125’ lease area Revision G for structural analysis, King William County, VA Certified foundation design, tower drawings and engineer’s letter to be provided Delivery to: Commins Road, Aylett, VA 23009 Should you have any questions please call feel free to contact me. Regards, Stephen Gallagher Vice President of Construction National Communications Towers, LLC
Rad Ctr Panel Antenna Qty Coax Qty Mounts 195 96”x12”x12” 18 1-5/8” 18 Sabre Ultra Boom 185 96”x12”x12” 18 1-5/8” 18 Sabre Ultra Boom 175 72”x12”x8” 15 1-5/8” 15 Sabre Ultra Boom 165 72”x12”x8” 15 1-5/8” 15 Sabre Ultra Boom 155 72”x12”x8” 12 1-5/8” 12 Sabre Ultra Boom 145 72”x12”x8” 12 1-5/8” 12 Sabre Ultra Boom
61
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
PROPOSED CONSTRUCTION SCHEDULE Pending Approval by the B.O.S. Months 1-3: Complete tenant lease Months 4-10: Complete Due Diligence items Months 11-14: Site Plan Approval and Building Permit Months 15- 16: Grade site, dig foundation, install ground ring, pour mud matt, lay out tower centroid, place rebar, tie foundation steel, set anchor bolts, Install grounding, verify steel and anchor bolts, pour foundation, backfill foundation, finish grade site, complete grounding, install compound stone and set H-frame Month 17: Stack tower, install security fence Month 18: Tenant to start collocation Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
63
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT
ADDITIONAL INFORMATION STATEMENT
In order to ensure compliance with all King William County Zoning Regulations, National Communication Towers, LLC will provide any other information or documentation requested by County Officials with regards to this Conditional Use Request.
Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
64
May 30th, 2013 Mr. Elliott M. Harrigan National Communication Towers, LLC 5318 Patterson Ave, Suite C Richmond, VA 23226 RE: Letter of Intent Aylett Tower Site King William County, VA Mr Harrigan – As previously discussed Verizon Wireless (“Verizon”) is expanding its wireless telecommunications network in Virginia. Verizon engineers have reviewed and approved your proposed tower site at Aylett, King William County, Virginia. As you know we are in final negotiations on the lease. Once completed, we hope to attach to the proposed tower to be located: Coordinates: N37 46’ 33.84” / W77 07’ 16.5” Best,
Sean M. Bamman Real Estate Consultant – Verizon Wireless Please be advised that this is not contractually binding on the parties. This letter is only an expression of the basic terms and conditions to be incorporated in a formal written agreement. The parties shall not be contractually bound unless and until they execute a formal lease, which must be in the form and content satisfactory to each party in its sole discretion. Neither party may rely on this letter as creating any legal obligation of any kind.
75
Location: 223 Newman Drive. Looking North ~0.23 Miles (1,200 Feet)
NC
T
BALLOO
N
BEHIN
D
TREE CAN
OPY
PHO
TO 1: BALLO
ON
FLIGH
T
77
BALLOO
N FLIG
HT CERTIFICATIO
N STATEM
ENT
Ayle Balloon Flight
June 20, 2013 The balloon w
as launched at 7:47AM
Mostly clear, few
clouds, 65F, wind 0‐3m
ph County representa
ves Bret Schardein, Herb White, John Breeden and Tara
Roan arrived onside at 8:53AM.
Bret Schardein, Herb White, John Breeden and Tara Roan exam
ined the travel corridors around the site w
ith NCT representa
ve Stephen Gallagher.
The balloon was not visible at any loca
on except one locaon on N
ewm
an road w
here it was barely visible behind the tree canopy and one spot at the
entrance to the site behind the tree canopy. Chip W
atkins arrived onsite at 10:30AM
Carlyle Clements arrived onsite at 10:57AM
. The balloon w
as taken down at 12PM
, 75F clear, few clouds, w
inds 0‐8MPH.
Signed: ______________________________
STEPHEN G
ALLAGHER
VP, Construc
on Date: ______________________________
PUB
LIC
NO
TIC
E
BA
LL
OO
N FL
IGH
T FO
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POSE
D
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LE
CO
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NS T
OW
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Y, V
A
NationalCom
municationTow
ers,LLCofRichm
ond,VAwillbeconductinga
balloonlightforaproposed195’tallwirelesscom
municationstow
ertobelocatedonparcel22‐10adjoiningRt.606,Com
minsRoad,KingW
illiam
County,VA.Theballoonlightwill
takeplaceonMonday,June17,2013
from8:00a.m
.to12:00p.m.approxi‐
mately1,000feeteastoftheentrance
offofComminsRoad.Theentranceto
theparcelislocatedapproximately
1.15milestothenorthoftheinter‐
sectionofRt.606andRt.611.Inter‐estedpartiesm
aystopbyandaskquestionsattheirconvenience.Shouldinclem
entweatheroccur,the
alternativedateforlyingtheballoonwillbeTuesday,June18,2013from
8:00a.m
.to12:00p.m.How
ever,shouldinclem
entweatheroccuron
thisalternativedate,thesecondalter‐nativedateforlyingtheballoonw
illbeThursday,June20,2013from
8:00a.m
.to12:00p.m.
78
National Communication Towers, LLC | 5413 Patterson Avenue, Suite 101 ▪ Richmond, VA 23226 ▪ PH 804.673.8800
NCT STATEMENT OF VISUAL IMPACT
The proposed telecommunications facility will be located approximately 2,900 feet northwest of Rt. 360, approximately 980 feet southeast of Commins Road, and approximately 1,150’ northeast of Newman Drive. The portion of the parcel abutting Commins Road is bounded by a tree buffer and the tower site lies approximately 980’ to the southeast making the visibility of the fenced compound unobservable from the road. Rt. 360 is 2,900’ to the southeast and the existing tree cover will make the compound unobservable from that corridor, also the tower will not be seen from that corridor. The fenced compound and proposed equipment buildings will not be visible from the roadways or existing homes located on the adjoining parcels. It is our opinion screening plants will serve no purpose in screening the facility as it will not be visible from exiting roadways and homes due to topography and the existing tree cover of the adjoining parcels.
Signed: ______________________________ STEPHEN GALLAGHER VP, Construction Date: ______________________________
79
JUNE 2013 BUILDING REPORT
PREPARED JULY 1, 2013
PERMIT TYPE NO VALUE FEESTATE LEVY
PLAN REVIEW
FEE
TOTAL FEES
Building/Commerical 1 25,000.00 $750.00 $15.00 $765.00
Building Residential 17 892,265.00 $3,780.00 $75.60 $820.00 $4,675.60
ElectricalCommerical 2 4,900.00 $0.00 $0.00 $0.00
Electrical Residential 13 36,850.00 $910.00 $18.20 $928.20
Gas Commerical 1 500.00 $70.00 $1.40 $71.40
Gas Residential 12 8,755.00 $840.00 $16.80 $856.80
Mechanical Commerical 1 58,975.00 $0.00 $0.00 $0.00
Mechanical Residential 10 42,500.00 $700.00 $14.00 $714.00
Plumbing Commerical 0 0.00 $0.00 $0.00 $0.00
Plumbing Residential 7 27,200.00 $490.00 $9.80 $499.80
Sign 1 2,995.00 $0.00 $0.00
Demolition 1 500.00 $50.00 $1.00 $51.00
Zoning
TOTALS 66 1,100,440.00 $7,590.00 $151.80 $820.00 $8,561.80
Certificate Of Occupancy 6 601,325.00
Building Inspections 205 Reinspection Fees
Zoning Final Inspections 4
Total Inspections 209
Stick Built Home 5 $601,000.00 Waived Fees $214.40
Manufactured Housing 2 $119,000.00 112-2013 King William Little League
Total New Dwellings 7 $720,000.00100-2013 Acquinton Elementary
1155
MISC. INFORMATION
Average Size New Dwelling
118-2013 Hamilton Holmes MS
80