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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

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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

REZ 01-13 documents 14 11

REZ 01-13 documents 15 12

REZ 01-13 documents 16 13

REZ 01-13 documents 17 14

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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

12Application (partial) 28

13Application (partial) 29

14Application (partial) 30

15CUP 89-77 Original approval letter 31

16CUP 89-77 Original approval letter 32

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

18CUP 92-106 Original approval letter 34

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

20CUP 92-107 Original approval letter 36

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

22Landfill site plan 38

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

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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

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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.

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44

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

Bret
Typewritten Text
Signed copy on file

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50

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

Bret
Typewritten Text
Signed copy on file

53

54

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: ______________________________

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Bret
Typewritten Text
Signed copy on file

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57

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

Bret
Typewritten Text
Signed copy on file

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

Bret
Typewritten Text
Signed copy on file

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

Bret
Typewritten Text
Signed copy on file

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

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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

Bret
Typewritten Text
Signed copy on file

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: ______________________________

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     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.    

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Aerial Map of Photo Loca

ons

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Location: 223 Newman Drive. Looking North ~0.23 Miles (1,200 Feet)

NC

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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: ______________________________

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takeplaceonMonday,June17,2013

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theparcelislocatedapproximately

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ever,shouldinclem

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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: ______________________________

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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

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