8 April 9, 2014 Public Hearing APPLICANT & PROPERTY OWNER: HAMPTON ROADS SANITATION DISTRICT STAFF PLANNER: Ray Odom REQUEST: Conditional Use Permit (Wireless Communication Tower) ADDRESS / DESCRIPTION: 645 Firefall Drive GPINS: 24253083330000, 24241982640000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 370+/- acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The subject site is the Hampton Roads Sanitation District (HRSD) Atlantic Treatment Plant. The site is zoned AG-1 and AG-2 Agricultural Districts and PD-H2 Planned Unit Development District and totals 370+/- acres. The Environmental Protection Agency (EPA) and the Department of Environmental Quality (DEQ) has issued a Regional Consent Order to the localities and to the Hampton Roads Sanitation District in Southeastern Virginia to reduce sanitary sewer overflows. Wet weather events are the primary cause for sewer overflows. During these events water can infiltrate the sewer systems and over capacitate the system, which causes the system to over flow. It is the intent of the applicant to create a Smart Sewer System in order to meet the Regional Consent Order. A component of this system will be a microwave-based Wide Area Network (WAN) wireless communications system between their treatment plants and operational centers. This will require a communications tower at each of their facilities. The towers will contain lightning protection, two microwave antennas and a UHF omni-directional antenna that can receive and transmit signals from flow HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 1 meters, pressure gages, rain gages, etc. to and between the treatment plants and operational centers. This will allow real time analysis of a system during a wet weather event in order to determine if flows should be redirected to another system or storage tanks to prevent a system from becoming over capacitated, which will prevent over flows, as required. The applicant had initially indicated that 199-foot towers would be placed at each facility. However, tower heights will vary based on Federal Aviation Administration (FAA) aeronautical studies. In this case, the FAA has determined that a maximum tower height of 199-feet, above ground level, will not be a hazard to air navigation. In addition, Naval Air Station Oceana and Naval Air Station Oceana Dam Neck Annex have indicated that the tower will not affect their operations. Therefore, a 195-foot tower, with a four-foot lightning rod, for a total height of 199-feet is proposed at this location. This new system will also be a benefit to the City. During wet weather events, flows can be redirected through HRSD’s system so the City’s system does not get over capacitated, which will assist the City in meeting the Regional Consent Order. Due to the proposed communication towers being located within the applicant’s facilities and the ground equipment not being visible to the general public landscape screening is not being required. The applicant has complied with the requirement for co-locating on the proposed towers. Basically, wireless telecommunication providers will be allowed to co-locate on these facilities. The submitted elevations indicate that five additional wireless carriers can be accommodated at each facility. A basic Structural Report has been submitted, indicating that the tower will be designed to accommodate the applicant’s equipment and five additional carriers and will meet all structural requirements, as per the Uniform Statewide Building Code, and all wind loading requirements for this area. The formal Structural Report and the required Radio Frequency Emissions Analysis Report will be provided with the formal site plan submittal. The proposed tower location is located within one-quarter mile of a residential or apartment zoning district or use. Therefore, contacts with neighborhoods or residents are required. The applicant’s representative has indicated that over 90 direct mail cards were sent to adjoining and nearby property owners to alert them to the project and invite them to an open house at Ocean Lakes High School on January 21, 2014. The representative has indicated that no one attended the open house. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Sanitary sewage treatment plant SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: Firefall Drive / undeveloped parcels / City park / PD-H2 Planned Unit Development District Single-family homes / R-15 Residential District Naval Air Station Ocean Dam Neck Annex / I-2 Heavy Industrial District Ocean Lakes High School / single-family homes / PD-H2 Planned Unit Development District Portions of the site contain flood plain and marsh. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 2 Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. In this case, the tower is proposed to be located within an existing sewage treatment plant and is therefore buffered from other uses. Therefore, the tower is compatibility with surrounding uses. EVALUATION AND RECOMMENDATION Hampton Roads Sanitation District (HRSD) is in the process of creating a Smart Sewer System in order to meet the Regional Consent Order, concerning sanitary sewer overflows. A microwave-based wireless Wide Area Network (WAN) between their treatment plants and operational centers is a component of this system. This system will require a communications tower at each of their facilities. In addition to the applicant’s equipment, each tower will also accommodate up to five wireless telecommunication providers. In this case, the tower is to be located within Hampton Roads Sanitation District’s Atlantic Treatment Plant. The site contains 370+/- acres. The tower will be located over 1,300-feet from the nearest residential community and is buffered by the existing treatment plant. Therefore, the tower is compatibility with surrounding uses Staff recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted site plan entitled “HRSD, Site Name: Atlantic Plant 685 Firefall Drive Virginia Beach, VA 23454,” prepared by NB+C Engineering Services, LLC, dated January 14, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The tower shall be made available to wireless telecommunication providers for co-locations. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 3 AERIAL OF SITE LOCATION HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 4 PROPOSED SITE PLAN HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 5 ENLARGED SITE PLAN AND ELEVATION HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 6 1 ZONING HISTORY # 1 DATE 07/13/2004 REQUEST Use Permit (communications tower) ACTION Approved HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 7 DISCLOSURE STATEMENT HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 8 DISCLOSURE STATEMENT HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 9 DISCLOSURE STATEMENT HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 10 DISCLOSURE STATEMENT HAMPTON ROADS SANITATION DISTRICT Agenda Item 8 Page 11