COM ; Comprehensive Plan Compliance Review - Telecom Tower at Landfill

Transcription

1 December 9, 2015 MEMORANDUM TO: FROM: Stafford County Planning Commission J Board of Supervisors Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr. Anthony J. Romanello, ICMA CM County Administrator 5 SUBJECT: COM ; Comprehensive Plan Compliance Review - Telecom Tower at Landfill ATTACHMENTS: 1. Location Map 4. Proposed Resolutions 2. Application and Related Materials 3. Generalized Development Plan, dtd 09/17/15 ISSUE: The Planning Commission is to consider a request for review to determine whether the location of a telecommunications facility, consisting of a 190-foot lattice structure and associated ancillary equipment within a 2,750 square-foot compound, on Tax Map Parcel No B (portion) is substantially in accord with the Comprehensive Plan, pursuant to Virginia Code Section BACKGROUND: Location: Election District: Applicant/Agent: Property Owner: The north side of Eskimo Hill Road, approximately 600 feet west of the intersection with Potomac Run Road Aquia Edward L. Donohue and Frank W. Stearns Donohue and Stearns, PLC for Milestone Communications 201 Liberty Street Southwest Leesburg, VA Board of Supervisors of Stafford County 2128 Jefferson Davis Highway, Suite 103 Stafford, VA Courthouse Road, P. O. Box 339, Stafford, VA Phone: (540) Fax: (540)

2 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 2 of 9 Current Use: Proposed Use: Undeveloped Telecommunications facility Application Date: September 18, 2015 Advertisement Dates: November 24, 2015 and December 1, 2015 Time Limit: January 27, 2016 Tax Map Parcel: Area: Staff Project Manager: Comprehensive Plan: Zoning Classification: 39-26B (portion) 0.07 acres Erica H. Ehly, AICP Agricultural/Rural (Future Land Use) A-1, Agricultural

3 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 3 of 9 Abutting Properties: Location Zoning Existing Use Comprehensive Plan North A-1, Agricultural Landfill Agricultural/Rural South A-1, Agricultural Single-Family Residential, Agricultural/Rural Undeveloped East A-1, Agricultural Single-Family Residential, Agricultural/Rural Undeveloped West A-1, Agricultural Landfill Agricultural/Rural Utilities: Transportation: The parcel is located outside the Urban Services Area. The use will not require water and sewer. The site has one access point on Eskimo Hill Road, which is a two lane undivided road with an average of 1,600 vehicle trips daily, according to the VDOT 2013 Daily Traffic Volumes Report. The request will have minimal effect to the surrounding transportation network. COMMENTS: Milestone Communications, represented by Donohue and Stearns PLC, the applicant, is proposing to install a telecommunications facility, consisting of a 190-foot monopole tower and associated ancillary equipment within a 2,750 square-foot compound. The first service provider anticipated to locate on the tower, Verizon Wireless, has determined that the wireless network in this area has deficient coverage. The proposed facility will help enhance the coverage within the Verizon network, serving commuters of the nearby rail line and surrounding residents. The proposed site is located at 489 Eskimo Hill Road, approximately 600 feet west of the intersection of Potomac Run Road and Eskimo Hill Road, on Tax Map Parcel 39-26B. The surrounding properties to the north and west contain portions of the County Landfill compound. Other adjacent properties to the east and south are existing residential dwellings and undeveloped land. The surrounding properties are designated within the Agricultural/Rural Area of the Comprehensive Plan and are zoned A-1, Agricultural. The property is primarily undeveloped and wooded. Verizon is regulated by the FCC, and as such the tower construction will be in accordance with the National Environmental Policy Act, which requires consideration of environmental and historical resource impacts. The proposal will result in the clearing of less than one (1) acre of forested area.

4 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 4 of 9 Site - Aerial View The application was evaluated for compliance with the criteria identified in the Telecommunications Plan (Plan), an element of the Comprehensive Plan. The Plan provides guidance regarding siting criteria and facility design standards for new telecommunications facilities in Stafford County. Siting Criteria The primary objective of the Plan is to encourage the co-location of new telecommunications facilities on existing structures, reducing the need for the construction of new towers. When co-location on an existing structure is not possible, this Plan recommends that preference be given to new towers which are proposed to be located within certain areas of the County and in accordance with listed criteria in the Plan. The request is consistent with the priority identified in the Comprehensive Plan that new telecommunications facilities in Stafford County are located on agriculturally zoned, publically owned, land. Additionally, the request is consistent with the following relative criteria: - Facilities are not to be located in areas which will have an adverse visual impact upon County historic districts, properties listed in the National and State Register, and other sites deemed significant by Stafford County. The proposal was reviewed by the Stafford County Historical Commission with regard to the proximity to the Civil War Park. The proposed location does not present an adverse visual impact, as shown in the photo below. The tower is minimally visible within the powerlines.

5 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 5 of 9 - Facilities are not to be located near airports where they may interfere with aircraft operations. The proposed site is 2.3 miles east of the Stafford Regional Airport and within the A-1, Eastern Approach, Airport Impact Overlay Zone. The applicant has submitted a Determination of No Hazard to Air Navigation from the FAA (Attachment 2). The Stafford Regional Airport has requested that the tower is lighted and painted similar to FAA requirements for towers over 200 feet. - Priority is to be given to facilities locating within the existing right-of-way/easements established for overhead power lines. The proposed site location abuts a major transmission line easement. - Priority is to be given to locating facilities within railroad right-of-way adjacent to industrial or agricultural districts, away from residential concentrations. The proposed site is located in an agricultural district, surrounded by rural land uses and away from residential concentrations. - Outside the Urban Services Area, priority is to be given to facilities proposed to be located interior to parcels, which are designed to minimize their effect upon adjacent properties. The proposed site is located away from surrounding residential uses and toward the Landfill on a parcel consisting of 71 acres.

6 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 6 of 9 - Telecommunications facilities should not be located in or near wetlands, other known bird concentration areas (Federal refuges, staging areas, or rookeries), in known migratory or daily movement flyways, or in habitat of threatened or endangered species. Verizon is regulated by the FCC, and as such the tower construction will be in accordance with the National Environmental Policy Act (NEPA), which requires consideration of environmental and historical resource impacts. There are staff concerns regarding potential lighting of the tower, as requested by the Stafford Regional Airport, and the concentrations of birds at the landfill. NEPA review will require compliance with the Department of the Interior Guidelines regarding the siting of the tower in proximity to concentrations of bird populations, in accordance with the Migratory Bird Treaty Act. - Carriers are strongly encouraged to consider adding broadband access to any telecommunications facilities they are planning to establish in the County. Broadband access is provided by the proposed facility. Overall Coverage This Plan recommends that with each new facility application, the telecommunication provider (provider) should present the County with an overall coverage objective network plan (coverage plan) in the form of a radio frequency propagation map illustrating the providers proposed network for the entire County. This coverage plan shall include the following information: demonstrate which existing structures in the County it intends to utilize and the height at which the provider intends to co-locate; which new facilities it intends to propose, including the height of the facility; the number of colocation opportunities the new proposed facility creates; why the FCC licensee is unable to utilize any existing structures that are within one mile of any proposed facility; and providers should consider the cumulative impacts of all the proposed towers to migratory birds and threatened and endangered species as well as the impacts of each individual tower. The applicant has provided propagation maps that show the proposed facility will enhance existing deficiencies in network coverage (Attachment 2). Existing structures in the area were ruled out because of the low structure heights and proximity to the rail line. The tall electrical structures to the west were evaluated but are not able to structurally support the proposed telecommunications use. Verizon was asked to evaluate the County Landfill property and has decided to move forward with the location. Facility Design Standards The design standards set forth within the Plan are intended to address the visual and land use impacts of telecommunications facilities on surrounding areas. These standards are categorized into three main components. The first is to encourage the co-location of facilities on existing and newly constructed towers, including water storage tanks. This will reduce the number of new towers and monopoles needed in order to provide effective service.

7 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 7 of 9 The second component of the design standards is to minimize any negative impacts of telecommunications facilities on surrounding areas and wildlife. These standards will help reduce negative impacts through appropriate setbacks, screening and design. Standards included are intended to minimize impacts on migrating birds. Current research indicates that solid or pulsating (beacon) red lights attract night-migrating birds at a much higher rate than white strobe lights. The third component is to consider emergent technologies in the design standards and to ensure that cell tower design takes into account new technologies that may enhance telecommunications services. The proposal is consistent with the following relative criteria: - Facilities should be designed to minimize visual impacts on the surrounding area, particularly near residential development. Technologies to screen the tower and stealthing techniques to make facilities blend with the surrounding development, should be pursued. Consideration should be made with regard to existing treelines, topography, buildings, and paint color of towers. The proposed tower will be located in a wooded portion of a large public site. Existing vegetation on the site and in the surrounding area will serve to mitigate and disrupt views from most vantage points and when the structure is within a view shed only the upper portion will be visible. The most notable clear line of sight views of the facility will be from a distance specifically from the center of the Stafford Landfill parcel. The application package includes photo-simulations showing the appearance of the facility from 3 vantage points in the area which can be used to assess visual impact. - Within rural areas, telecommunications facilities should be located where sufficient tree cover is present to screen the base of the tower, except when located within utility and transportation rightof-ways. The telecommunication facility will be located in a wooded area of the public site with the base of the structure and compound area screened from view from most vantage points. - Facilities should be constructed to accommodate a minimum of three providers, where height restrictions permit. The facility can accommodate up to five (5) telecommunication providers. - Security fencing is to be located at the base of any facility. The facility will be enclosed by an eight (8) foot tall chain link fence with barbed wire for security. - Setbacks from property lines in agricultural and residential districts should be equal to the height of the communications facility. Exceptions to the setback should be considered if proper screening is provided. Setbacks from adjoining dwellings should be at a minimum equal to the height of the tower. The only setback that is less than the requisite 190-foot setback is from the western property line, which abuts the County Landfill.

8 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 8 of 9 - Communications facilities should generally be sited toward the interior of the property. The proposed site is located away from surrounding residential uses and toward the Landfill on a parcel consisting of 71 acres. - Construction of new tower facilities should include accommodation of space on the tower and ground lease area for county communication equipment if needed. Such accommodations shall be at no cost to the county to locate equipment on the tower or within an equipment compound. Space is available on the proposed facility for use by Stafford County. Health and Safety The typical health and safety related issues that arise from the siting of telecommunications facilities are those related to human exposure to radio frequency radiation, tower height and fall area, as well as ice buildup. - The FCC has addressed radio frequency issues associated with the location of telecommunications facilities. All FCC safety guidelines will be followed for all new and existing telecommunications facilities within the County. The applicant is licensed by the Federal Communications Commission ( FCC ). The applicant must comply with all FCC, Federal Aviation Administration ( FAA ), and National Environmental Policy Act ( NEPA ) reviews and requirements, including RF Maximum Permissible Exposure. The applicant has submitted correspondence from their RF Design Engineer verifying that the design of the tower meets FCC requirements and will not interfere with emergency services. - Ice buildup and tower fall areas are important concerns that must be addressed when considering the appropriateness of a specific location for a telecommunications facility. Sufficient tower setbacks and security measures have been addressed by this Plan to decrease any threat to public safety. Telecommunications facilities should generally be sited toward the interior of the property and should be completely fenced in as an added security measure. The tower meets all setback requirements except from the western property line, which abuts the County Landfill. The compound with be surrounded by a security fence, as depicted on the GDP. - The final health and safety related issue addressed by this plan concerns the removal of telecommunications facilities once the site is no longer in use. The original applicant or its successor shall be responsible for the removal of all facilities and structures within 6 months of cessation of commercial public telecommunications use or the expiration of the lease, whichever comes first. This obligation shall be secured by a letter of credit, surety bond, or other security acceptable to the County. The site must then be restored by the applicant or its successor to its original condition. A condition has been included within the conditional use permit resolution to address tower removal.

9 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 9 of 9 SUMMARY OF POSITIVE AND NEGATIVE FEATURES: POSITIVE: 1. The proposed facility is consistent with the siting priorities and the design standards of the Telecommunications Plan element of the Comprehensive Plan. 2. Approval of the request will result in enhanced coverage to the Verizon network and help correct existing deficiencies. NEGATIVE: 1. No apparent negative aspects. RECOMMENDATION: Staff recommends approval, pursuant to Planning Commission Resolution PCR15-17, as the request is substantially in accord with the Comprehensive Plan and specifically with the Telecommunication Plan recommendations regarding Siting Criteria, Overall Coverage Objectives and Design Standards. JAH:ehe Attachments (4)

10 COM ; Comprehensive Plan Compliance Review Telecom Tower Milestone at Stafford County Landfill Produced by the Stafford County Department of Planning and Zoning P.O. Box 339 Stafford, VA Attachment 1 Page 1 of 1 W Y N C O T T E LN L N M T H O P E CHURCH RD M A D RID M T H O P E CHURCH RD M T H O P E CHURCH RD M T C H U RC H H O P E R D 39-26B SO UTHERN V IE W D R ES K IM O H ILL R D M O N TA G U E LO O P M ILL ER S C RO S S IN G LN STA F F O R D R ID G E R D M O N TA G U E LO O P OLD BRIDGE RD BRO O K E R D RU N R D P O TO M A C P O RU N R D T O M A C _ E SK IM O H ILL R D D O K E LN ,760 Feet Produced: 11/13/2015 Data layers are compiled from various sources and are not to be construed or used as a "legal description." Data layers are believed to be accurate, but accuracy is not guaranteed. ±

11 Page 1 of 58

12 Page 2 of 58

13 Page 3 of 58

14 Page 4 of 58

15 Page 5 of 58

16 Page 6 of 58

17 Page 7 of 58

18 Page 8 of 58

19 Page 9 of 58

20 Page 10 of 58

21 Page 11 of 58

22 Page 12 of 58

23 Page 13 of 58

24 Page 14 of 58

25 Page 15 of 58

26 Page 16 of 58

27 Page 17 of 58

28 Page 18 of 58

29 Page 19 of 58

30 Page 20 of 58

31 Page 21 of 58

32 Page 22 of 58

33 Page 23 of 58

34 Page 24 of 58

35 Page 25 of 58

36 Page 26 of 58

37 Page 27 of 58

38 Page 28 of 58

39 Page 29 of 58

40 Page 30 of 58

41 Page 31 of 58

42 Page 32 of 58

43 Page 33 of 58

44 Page 34 of 58

45 Page 35 of 58

46 Page 36 of 58

47 Page 37 of 58

48 Page 38 of 58

49 Page 39 of 58

50 Page 40 of 58

51 Page 41 of 58

52 Page 42 of 58

53 Page 43 of 58

54 Page 44 of 58

55 Page 45 of 58

56 Page 46 of 58

57 Page 47 of 58

58 Page 48 of 58

59 Page 49 of 58

60 Page 50 of 58

61 Page 51 of 58

62 Page 52 of 58

63 Page 53 of 58

64 Page 54 of 58

65 Page 55 of 58

66 Page 56 of 58

67 Page 57 of 58

68 Page 58 of 58

69 Attachment 3 Page 1 of 8

70 Attachment 3 Page 2 of 8

71 Attachment 3 Page 3 of 8

72 Attachment 3 Page 4 of 8

73 Attachment 3 Page 5 of 8

74 Attachment 3 Page 6 of 8

75 Attachment 3 Page 7 of 8

76 Attachment 3 Page 8 of 8

77 Attachment 4 Page 1 of 4 PCR15-17 PLANNING COMMISSION COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a public hearing of the Stafford County Planning Commission (Commission) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 9 th day of December, 2015, regarding compliance with the Comprehensive Plan that had been advertised for hearing by the Commission: MEMBERS: VOTE: Michael Rhodes, Chairman Steven Apicella, Vice Chairman Sherry Bailey Roy Boswell Thomas Coen Robert Gibbons Darrell English On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION FINDING THE REQUEST FOR THE LOCATION OF A TELECOMMUNICATION FACILTY ON TAX MAP PARCEL NO B (PORTION) SUBSTANTIALLY IN ACCORD WITH THE COMPREHENSIVE PLAN, PURSUANT TO VIRGINIA CODE SECTION WHEREAS, Donohue and Stearns, PLC, applicant, has requested a Comprehensive Plan Compliance Review in accordance with Virginia Code Section to locate a telecommunications facility on Tax Map Parcel No B (portion); and WHEREAS, the Commission duly advertised and held a public hearing on December 9, 2015, at which time public testimony was received and the merits of the request were considered; and WHEREAS, the Commission has carefully considered the merits of the request, the public testimony received at the public hearing, and the recommendations of County staff; and WHEREAS, the Commission believes that the request is consistent with coordinated, adjusted, and harmonious development of Stafford County, Virginia, and which will in accordance with the present and probable future needs and resources of Stafford County, Virginia, best promote the health, safety, morals, order, convenience,

78 Attachment 4 Page 2 of 4 PCR15-17 Page 2 prosperity, and general welfare of the citizens of Stafford County, Virginia, including the elderly and persons with disabilities; and WHEREAS, the Planning Commission finds that the request is substantially in accord with the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Planning Commission on this the 9 th day of December, 2015, that this request to locate a telecommunication facility on Tax Map Parcel No B (portion) as applied for in application COM , be and it hereby is found to be substantially in accord with the Comprehensive Plan for Stafford County. MR:JAH:ehe Michael Rhodes, Chairman

79 Attachment 4 Page 3 of 4 PCR15-18 PLANNING COMMISSION COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a public hearing of the Stafford County Planning Commission (Commission) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 9 th day of December, 2015, regarding compliance with the Comprehensive Plan that had been advertised for hearing by the Commission: MEMBERS: VOTE: Michael Rhodes, Chairman Steven Apicella, Vice Chairman Sherry Bailey Roy Boswell Thomas Coen Robert Gibbons Darrell English On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION FINDING THE REQUEST FOR THE LOCATION OF A TELECOMMUNICATION FACILTY ON TAX MAP PARCEL NO B (PORTION) NOT SUBSTANTIALLY IN ACCORD WITH THE COMPREHENSIVE PLAN, PURSUANT TO VIRGINIA CODE SECTION WHEREAS, Donohue and Stearns, PLC, applicant, has requested a Comprehensive Plan Compliance Review in accordance with Virginia Code Section to locate a telecommunications facility on Tax Map Parcel No B (portion); and WHEREAS, the Commission duly advertised and held a public hearing on December 9, 2015, at which time public testimony was received and the merits of the request were considered; and WHEREAS, the Commission has carefully considered the merits of the request, the public testimony received at the public hearing, and the recommendations of County staff; and WHEREAS, the Planning Commission finds that the request is not substantially in accord with the Comprehensive Plan;

80 Attachment 4 Page 4 of 4 PCR15-18 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Planning Commission on this the 9 th day of December, 2015, that this request to locate a telecommunication facility on Tax Map Parcel No B (portion) as applied for in application COM , be and it hereby is found not to be substantially in accord with the Comprehensive Plan for Stafford County. MR:JAH:ehe Michael Rhodes, Chairman