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Leesburg Planning Commission
Meeting Minutes
January 5, 2017
The Leesburg Planning Commission met on Thursday, January 5, 2017 in the Town Council
Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present were Susan
Berry -Hill, Scott Parker, Shelby Caputo, and Karen Cicalese
CALL TO ORDER
The meeting was called to order at 7:01 pm by Chairman Welsh Chamblin
PLEDGE OF ALLEGIANCE AND ROLL CALL
Members Present: Chairman Welsh Chamblin, Commissioners Babbin, Barnes, Harper, Kidder,
and Robinson and Mayor Burk
Absent: Commissioner Burls
ADOPTION OF AGENDA
Motion: Commissioner Robinson
Second: Conunissioner Harper
Vote: 6-0-1 (Burk absent)
APPROVAL OF MINUTES
November 17, 2016
Chairman Welsh Chamblin noted a correction to the minutes on Page 1, Under Chairman's
Statement, correcting the spelling of "utmost".
Motion: Commissioner Robinson moved to approve the minutes as corrected.
Second: Commissioner Barnes
Vote: 6-0-1 (Burk absent)
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
Chairman Welsh Chamblin stated that it had been a pleasure to serve on the Planning
Commission and an honor to serve with her fellow Commission members and Town Staff. She
noted that she has learned a lot while being on the Commission as well as from her fellow
members and staff. She looked forward to what the future holds for everyone and wished all the
best of luck in their future endeavors.
She had thought that their last meeting would have been the last for this Commission but
explained that the new Commission members had yet to be appointed so tonight's meeting will
be the last meeting with the existing Commission members. She further explained for members
of the public that the Commission members are appointed by Town Council and the members
may or may not change dependent upon who is elected and who is reappointed.
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PETITIONERS
None
PUBLIC HEARING
TLCP-2016-0001 and TLSE-2016-0001 Milestone Tower Limited Partnership III Public
Hearing — Scott Parker, Assistant Town Manager
Chairman Welsh Chamblin opened the public hearing at 7:06 pm and invited staff to make their
presentation.
Scott Parker, Assistant Town Manager, explained that this was an application submitted by
Milestone Tower Limited Partnership for a monopole antenna on the Dominion site at 620
Sycolin Road. The Commission Permit (TLCP-2016-0001) is a request for approval of a
Commission Permit for a telecommunications facility (monopole) and associated ground
mounted facilities. The special exception (TLSE-2016-0001) is a request to allow a
telecommunications facility (monopole) and associated ground mounted facilities within an
existing I-1 Zoning District.
The Dominion site is comprised of 2 parcels totaling 14.02 acres, was annexed into the Town in
the early 1980's, and rezoned to I-1, Industrial/Research Park District in 1990. The property has
an office function for Dominion as well as a significant fenced in area for Dominion's equipment
and materials. Significant parking is located adjacent to Sycolin Road and is accessible to the
public. Access to the rear of the facility is regulated and approximately 4.2 acres of site is
undeveloped. The proposed pole would be located in the parking area and adjacent to the
existing fenced in area. The placement of the pole in this location will displace 6 parking spaces.
The' applicant is proposing a 106 foot tall monopole communications antenna for up to 4 carriers,
and ground mounted equipment totaling 750 square feet. One carrier, Verizon, is initially
proposed and will hold the highest level on the pole. There are 3 other carriers proposed to
follow at a future date as part of the co -location on this pole. A landscape buffer exists along the
property as part of the proffers originally, associated with Dominion and will not be disturbed.
There are some trees outside the buffer area that will be removed for grading and will be
replanted. The monopole will be 110 feet from the property line to the nearest residential
property and meets the ordinance requirement.
Mr. Parker gave an overview of the uses on adjacent properties. To the north of the subject site
are properties zoned PEC (Planned Employment Center) and include a vacant parcel owned by
the Red Cross and a developed parcel with a light industrial use. A piece of Cornerstone Chapel
property is also adjacent.to this property to the north but will remain mostly wooded. To the east
is theTavistock Farms Planned Community. A neighborhood of townhomes fronting on Tall
Oaks Square is directly adjacent to the proposed site southeast of the fenced in area. Significant
vegetative bufferingis provided between these residential units and the Dominion property. To
the south is Tavistock Drive, SE, with a vacant I-1 zoned lot to the south. Sycolin Road is to the
west of the site and is adjacent to the entire frontage of the property.
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Mr. Parker explained that when acting on Commission Permits, the Planning Commission and
Town Council, upon appeal or action to overrule, shall consider whether the proposed project is
in substantial conformance with the adopted Town Plan per Section 3.12.1 of the ordinance. The
Town Plan is relatively silent on monopoles in Town limits. One of the sections of the Town
Plan associated with this is Community Facilities and Land Use. The land use Objective 4d
encourages telecommunications facilities to be co -located on existing structures and located
outside of Town limits where possible. The proposed monopole is within Town limits, however
it is only 1,200 feet to the Town boundary to the south and is being proposed to be a co -location
facility to avoid other towers. This meets the ordinance requirements of the special exception.
Town staff does not believe that this has any compatibility issues as they are allowed by special
exception in an I- 1 zoning district. There are no other monopoles in the area and this facility, will
become the structure for existing carriers. In addition, staff does not believe that the Town's
character in this location will be affected given the proximity to the airport and other industrial
zoned properties. While the Town Plan does not specifically reference telecommunications
facilities, staff notes the ability to apply for the special exception in I-1 as being an acceptable
land use in this location. The B-2, B-3 and I-1 are the only zoning districts that allow
monopoles by special exception and staff submits that of these districts, the I-1 is generally the
most appropriate due to the nature of the uses permitted. Staff also believes that the propos(-,d
use is consistent with the Town Plan designated land use of Community Office w11i ch would
allow a monopole or other telecommunications facility.
Mr. Parker discussed the proposed special exception to allow the 106 foot monopole and 750
square feet of associated ground equipment within an I-1 zoning district. Resolved issues and
comments include site design, landscaping and buffering, including the protection of the buffer
ad acent to Tavistock, stormwater management, and design of the pole and antenna. There is 1.
unresolved issue. In order to comply with setback requirements from an interior property lime,
the Applicant will need to obtain a Boundary Line Adjustment (BLA), which they have indicated
that they will pursue if approval is granted. The BLA is for the interior property line. The
Applicant would be able to, if they so choose, to obtain the BLA in advance as it onaly requires
administrative approval provided that all zoning criteria are met for the existing lots being
created, however they have chosen to seek approval first. The BLA is a condition of appro-.-a1
for this special exception. There are 2 use standards within the ordinance that niu:st be, complied
with.. Mr. Parker discussed, these standards as follows:
• 'TLZO Seetion 9.3.26A
1. No commercial advertising or signs shall be allowed on a tower oY monopole. including
manufacturer's logo or brand name. — There is no advertising proposed or approvable on
the proposed facilities.
2. Signals or lights or illumination shall not be permitted on any antenna, tower or
monopole unless reouired by the Federal Communications Commission, the Federal
Aviation Administration, State or Federal authorities, or the Town. When signals or
lights are requires, shields shall be installed that screen the signals or it llts from gro and
view, --- There.are no lights proposed on this facility. The Applicant has reneil/ed.
permission from the FAA to install the facility, and while the Leesburg -A11'port
Commission had requested a light for helicopter navigation, the FAA has stated that it is
not required.
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January 5, 2017 Minutes
3. The related unmanned equipment structure(s) shall not contain more than 750 square feet
of gross floor area on each site. Structures shall not exceed 12 feet in height. If located
within the structure upon which the antennas are mounted, they may be located in the
areas which are excluded from the determination of net floor area without changing the
exclusion of those areas from the calculation of the density of the structure. The structure
shall be of a material and color which matches the exterior of the building or structure. —
The Applicant is proposing 750 square feet of equipment with this application. The
equipment will be adjacent to the antenna, and will be screened from view by an eight
foot high wooden fence.
4. Equipment buildings located on the grounds shall meet minimum yard requirements of
the zoning district where located. — As currently proposed, the equipment structures
would not meet the 25 -foot setback from an interior property line requirement of the I-1
Zoning District. However, the Applicant, upon approval of this Special Exception, will
be pursuing a (BLA) that, if approved, would bring the setbacks into compliance.
Approval of the BLA will be a condition of approval for this application.
5. Satellite and microwave dish antennas shall not exceed one and eight tenths (1.8) meters
or 6 feet in diameter. — This section does not apply to this Application.
6. A security fence at least 6 feet in height shall completely surround the tower (and guy.
wires if used) and equipment building. It shall be constructed in colors and materials to
blend into the immediate surrounding environment. — The Application includes an 8 foot
high fence around the entire compound area, and staff believes that its natural color and
wooden material is appropriate for the location and surroundings.
7. All equipment and facilities from a telecommunications facility site shall be removed
within ninety days of cessation of telecommunications use and the site shall be restored
as closely as possible to its original condition. — This is noted for this Application.
• TLZO Section 9.3.26C
1. The Applicant shall demonstrate to the satisfaction of the Zoning Administrator that there
is not an existing alternative structure which will reasonably meet the engineering and
service needs of the proposed telecommunications facility. — An RF Engineering study
"was presented with this application that justifies the location of this facility, citing the
lack of coverage in the vicinity and the lack of facilities to utilize in the area. In addition,
this facility is being designed to accommodate other carriers in order to comply with this
section in the future.
2. The height of such monopole shall not exceed 150 feet, including antennas. Power
Mount Facilities may exceed 150 feet in height if the existing transmission tower exceeds
150 feet and the height of the facility is approved as part of the special exception. — The
overall height of the proposed monopole and antenna is 106 feet, which according to the
Applicant is the minimum height needed for the facility.
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3. All lots where a monopole facility is located shall comply with the required setbacks in
the underlying zoning district between the base of the tower, accessory structures and
uses, and guy anchors to all property lines as well as the following setback requirements:
a. The minimum setback between monopoles and all property lines shall be a distance
equal to 50% of the height of the tower, or the minimum required setback of the
district, whichever is greater. - The required setback for this monopole is 53 feet from
the property line. The proposed setback at this time from an existing interior property
line in 25 feet. Although the property line divides 2 parcels owned by Dominion, the
Ordinance requirement is not met. Therefore, the Applicant is proposing a BLA as
previously referenced, upon approval of this Application. The illustrative of the
proposed BLA shows that if approved, the setback requirement would be met. This
setback has no material difference to the setback from the residential property
boundary, which does comply with the Ordinance.
b. Monopoles shall be setback a minimum of 50 feet from any existing or planned right-
of-way. — The proposed application is 215 feet from the closest existing right-of-way.
c. Monopoles shall be setback a minimum of 100 feet, or 50% of the tower height,
whichever is greater, from the lot line of any adjacent residential use or district. — The
monopole is proposed to be 110 feet from the adjacent residential zoning district.
4. Unless otherwise required by the Federal Communications Commission or the Federal
Aviation Administration, monopoles shall be designed to minimize visibility through
materials, colors, or other camouflage techniques. — The Applicant has submitted a
statement that based on experience of installation, states that the current design of the
pole (metallic color with white antennas) is the least obtrusive, most accepted, and design
most likely to blend into the background and minimize visibility. The Applicant has
stated that experience has shown that other camouflage techniques, such as creating a
"tree or painting the facility blue, have a tendency to make the facility standout more.
Staff agrees with this assessment.
5. No monopole shall be located within 1/2 mile of the H-1 Overlay District within the Town.
— This facility is in excess of 1 mile from the H-1 Overlay District.
6. No monopole shall be located within a PRN or PRC District. — This application is
proposed within an I-1 zoning district, though it is approximately 110 feet away from the
Tavistock Farm PRN District.
7. New telecomrnunications monopoles shall be designed to accommodate at least 3
providers. The applicant shall identify the conditions under which future co -location by
other service providers are permitted. Co -location may be waived if the Town. Council
determines, based on substantial evidence produced by the applicant at the time of
application, that:
a. The accommodation would cause the size of the monopole to significantly exceed the
size of existing towers in the area resulting in an unnecessary visual impact on the
surrounding area; or
b. There exists valid technological or physical justification making co -location
impossible.
c. The Federal Communications (FCC) has issued a written statement that no more
licenses for those broadcast frequencies that are eligible to use the monopole will be
issued in the foreseeable future.
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January 5, 2017 Minutes
The Applicant is designing this facility to accommodate up to 4 carriers. Staff has
been informed that this facility will initially accommodate 1 carrier, at the highest
level of the pole, with others following below. This proposal at 106 feet would not
make it substantially taller than facilities in the area, there has been no justification
stating that co -location is impossible, nor has the FCC issued a written statement
regarding broadcast frequencies.
8. The monopole shall be designed and constructed to all applicable standards of the
American National Standards Institute, ANSI/EIA-222-E Manual, as amended. All
applications for development of a monopole facility shall verify compliance with these
standards. - These standards have been submitted and will be checked again at time of
site plan for the facility.
9. A soil report compliant with the standards found in Appendix I: Geotechnical
Investigations, ANSI/EIA-222-E Manual, as amended, shall be submitted to the Town,
sealed by a registered soils engineer, to document and verify the design specifications of
the foundation for the monopole, and anchors for guy wires if used. — A soils report has
been submitted and meets this criteria.
10. Monopoles and antenna shall be designed to withstand wind gusts of up to 100 miles per
hour. — A statement has been supplied that indicates compliance with this standard.
Mr. Parker gave an overview of the Special Exception Approval Criteria noting that the proposed
use will not adversely affect the use of neighboring properties and complies with applicable
zoning district regulation and applicable provisions of the Town Plan. The location, size and
height of the buildings, structures, walls, and fences, and the nature and extent of screening,
buffering, and landscaping will be such that the use will not hinder or discourage the appropriate
development and use of adjacent or nearby land and/or buildings. And, lastly, the proposed use
will not have a negative impact on pedestrian and vehicular traffic.
Mr. Parker concluded with staff's recommendations as follows:
• Staff recommends approval of Commission Permit TLCP-2016-0001 as the proposed use
of a monopole antenna and ground related equipment facilities is in general conformance
with the Town Plan, and will allow the subject property to develop by special exception
currently allowed in other I-1 Districts and the approval criteria of TLZO Sec. 3.12.9
have been satisfied.
• Staff recommends conditional approval of Special Exception TLSE-2016-0001 subject to
the following conditions:
■ Development of this property shall be in substantial conformance with Sheet Z-1
(herein referred to as the "Site Plan & Special Exception Plat"), as well as sheets
Z-1 a through Z-11, of the plan set entitled "TLSE-2016-0001, TLCP-2016-0001,
Milestone Monopole, Dominion Leesburg District Office", dated October 28,
2016 by Entrex Communications Services, Inc., with reasonable allowances to be
made for engineering and design alteration to meet Town Subdivision and Land
Development Regulations, Zoning Ordinance or Design and Construction
Standards Manual requirements.
■ No Modifications Granted or Implied
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■ This Special Exception grants approval for a monopole antenna of an overall
height, including antennas, lightning rods, etc., up to 106 feet tall to accommodate
up to 4 carriers/antennas, as well as ground related facilities within the compound
area of up to 750 square feet total gross floor area.
■ In order to comply with Section 9.3.26.C.3 of the TLZO, a Boundary Line
Adjustment must be approved by the Town of Leesburg before a Site Plan or any
permit can be approved for this use at this location.
Chairman Welsh Chamblin invited the Applicant to make their presentation at 7:28 pm.
Mr. Frank Stearns came forward as the representative for the Applicant, Milestone and Verizon
Wireless, and noted that Paul Duggan, a Radio Frequency Consulting Engineer for Verizon,
Mark Morzilo, a Civil Engineer and Len Fork -as, the President of Milestone were also in
attendance to address any questions the Commission may have.
Mr. Stearns explained that Verizon Wireless has identified a gap in wireless coverage and
capacity in the community and is working on improving its network which is why they have
proposed the construction of a 100 foot telecommunications monopole at the Dominion Virginia
Power District Office at 620 Sycolin Road. The pole will be designed to hold up to 4 carriers and
the facility requires ground equipment which will be located in a fenced compound and locker
shelter at the foot of the pole. This facility will be unmanned and will generate little to no traffic
in this area.
Mr. Stearns explained that this is needed due to an increase in wireless demand. One of 6
American homes receive all or most calls on wireless telephones, and 39% of American homes
have only wireless telephones. Additionally, 70% of all 911 calls are placed from wireless
phones. This demand has forced carriers to move closer to residential neighborhoods in order to
provide quality service to those neighborhoods. Mobile devices such as Ipads, Nooks, and
Kindles are also included in this increased demand. There are more mobile devices than people
in the United States and Mobile Web is the Number 1 gateway to the internet.
Mr. Stearns displayed a propagation map and asked Paul Duggan to explain what this map
demonstrates. Mr. Duggan, explained that this exhibit demonstrates where Verizon currently has
and does not have coverage. The propagation map is an engineering tool used to determine
where new facilities need to be located. Verizon Wireless always seeks co -location opportunities
where possible and canvases the area to consider what existing tall structures are available. The
proposed facility will provide new, reliable, 4G LTE coverage to an area that extends 1 to 2
miles in all directions from the proposed facility location. This location is well suited to provide
new coverage to the area that it is targeted to serve as it has a relative higher ground elevation
and good line of site visibility in all directions. There are a number of other structures which
were considered in the area. The County buildings located across Sycolin road are only 3 stories
and are of insufficient height to provide comparable coverage to the target area. The Oliver
Robert Fire and Rescue Training Academy located to the south of the proposed site has a lattice
tower, however, that particular structure is located 7/10th of a mile south and is therefore too
close to an existing site off of Shreve Mill Road. The next available height on that structure sites
at 80 feet and sits at a much lower ground elevation and too far away from the target area. The
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January 5, 2017 Minutes
water tank, near the Philip Bolen Memorial Park is about 8/10th of a mile too far from the target
area and too close to the existing 170 foot monopole to the southwest. Unfortunately, none of
the existing structures meet the objectives for this particular application.
Mr. Stearns addressed appearance and displayed a number of simulations depicting what the pole
would look like, with one carrier and with 4 carriers, from various locations adjacent to the site.
Mr. Stearns discussed community outreach efforts, noting that they held a meeting in February
and another in June. There were 256 post cards mailed for those 2 meetings and were more
focused on the residential communities.
Mr. Stearns concluded his presentation noting that they were agreeable to the conditions of
approval recommended by staff and the Applicant feels that the dictates of the Zoning Ordinance
and the Town Plan as revised in June have been met. The service has to be provided and to do so
requires these antennas and as Mr. Duggan pointed out, co -location is not feasible as the existing
structures will not be able to provide the coverage to the target area.
Chairman Welsh Chamblin invited public comment and explained the proper procedure for those
wishing to address the Commission.
George Shute, 3996 Stormont Road or PO Box 426, Saluda, VA, came forward as a
representative for Longwood Associates, the owner of the Verizon building adjacent to this site
and noted that he did not have any objection to the proposed application.
Phil Poliquin, 719 Galloway Drive, SE, Leesburg, VA 20175, came forward and noted that the
public hearing notice was the first notice that he has received regarding this application. He
expressed concerns regarding the negative impact on property values and suggested looking at
alternative existing structures in the area.
Terry Neumann, 853 Tall Oaks Square, SE, Leesburg, VA 20175, came forward and noted his
opposition to this application due to the proximity of the structure to a residential neighborhood
and the negative impact of the tower in terms of appearance, property values, and health and
safety concerns.
Jim Powers, 849 Tall Oaks Square, SE, Leesburg, VA. 20175, came forward noting that many
residents, he included, had not received notice regarding the community outreach meetings held
by the Applicant. He noted his opposition to this application due to negative impact on property
values, view shed, and neighborhood character.
Patty Walsh, 837 Tall Oaks Square, SE, Leesburg, VA 20175, came forward noting that she did
not receive the community outreach meeting notices nor the public hearing notice. She
expressed concerns regarding decreased property values and the view of the structure from Tall
Oaks Square.
Marina Taffi, 802 Lennon Court, SE, Leesburg, VA 20175, came forward, noting her opposition
to this application. She too had not received any notifications from the Applicant. She
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expressed concerns regarding impact on property values, tree removal and health and safety
issues.
Julie Kowalski, 825 Tall Oaks Square, SE, Leesburg, VA 20175, came forward, noting that she
too did not receive the public hearing notice, however she did attend one of the community
outreach meetings. She was opposed to locating the tower at the proposed location as it was her
opinion that more appropriate areas sites available. She also expressed concern regarding
declining property values.
Justin Herman, 589 Tall Oaks Square, SE, Leesburg, VA 20175, came forward in opposition to
the placement of the tower next to residential development. He noted that there was a better site
on the subject property closer to commercial that would be a more appropriate location.
Chairman Welsh Chamblin asked for additional public comment. One of the Tall Oak Square
residents asked how many notifications had been sent out to Tall Oaks residents.
Chairman Welsh Chamblin clarified that community outreach meetings conducted by applicants
were not required to be advertised or have notices sent by the Town. Public hearings must be
advertised and notice sent to adjacent property owners and she deferred to staff to explain the
process.
Susan Berry -Hill, Director, Department of Planning and Zoning explained that the Town
advertised the public hearings, however it is the applicant's responsibility to send notice to
adjacent property owners and to post the property. The Town requires an applicant to submit an
affidavit stating that notices were sent and the property address they were sent too. She asked
Mr. Stearns to address their notification process. Mr. Stearns responded that they did file the
affidavit with the Town detailing the addresses that certified notices had been sent. In addition,
the Applicant held 2 community outreach meetings at Cool Springs. This was a post card
mailing consisting of 256 cards being sent and they did have residents from Tall Oaks attend the
sessions.
Additional questions arose from the public in attendance regarding the lack of notice from the
Applicant and Chairman Welsh Chamblin clarified that once staff receives the affidavit, the
Town notice requirement has been satisfied. She suggested that the Commission take a brief
recess to allow the Applicant time to address the notice issue with the community members in
attendance.
Recess began at 8:07 pm.
Chairman Welsh Chamblin reconvened the meeting at 8:14 and noted that additional members of
the public had indicated that they wished to address the Commission and gave a brief review of
the process.
Jeanne Kelly, 721 Galloway Drive, SE, Leesburg, VA 20175, came forward and noted that
discrepancies regarding who received notice existed. Tall Oaks is the only residential
community that backs to Sycolin Road and requested that the Applicant find a more suitable
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alternative. She also expressed concerns regarding the impact on property values and unknown
issues, such as lights on the monopole.
Cathleen Lee, 610 Talmadge Court, Leesburg, VA 20175, came forward to note her opposition
and express concerns regarding the proximity of the tower to her residence and impact on
property values.
Commissioner Welsh Chamblin called for additional public comment. Seeing none, she solicited
the Planning Commission for clarifying questions.
Commissioner Robinson asked for clarification on the Airport referral and what they had asked
for. Mr. Parker responded that the FAA approved this location as it was not in a flight path or
landing area. The Airport Commission was agreeable to this. They had requested a blue light
for: helicopter navigation but the FAA appears to be in disagreement based on the standard of a
200 feet height requirement. The Airport Manager agreed with the FAA recommendation and
has no issue with this application.
Commissioner Babbin asked if the Applicant would have to return to the Planning Commission
prior to adding additional carriers. Mr. Parker responded that if this application is approved it
would give the ability to put 4 additional carriers on this pole as well as having ground mount
facilities to accommodate 4 carriers.
Commission Babbin asked if a Commission Permit was required due to this being a free standing
structure or would Commission Permits be required for towers on existing buildings. Mr. Parker
responded that antennas placed on top of a building would require a Commission Permit.
Commissioner Harper asked if additional antennas would be able to be attached to the pole in
addition to the 4 carriers. Mr. Parker answered that this Special Exception was for the monopole
and 4 carriers only. It would not allow any other type of antenna facility or appurtenance to be
attached to it. To add additional antennas would require an amendment to the Special Exception
and would need to be reviewed by the Planning Commission.
Commissioner Harper asked if the medivac helicopter was still housed at the Leesburg Airport.
Mr. Parker responded that he believed it was.
Chairman Welsh Chamblin called for additional clarifying questions. Seeing none she closed the
public hearing at 8:23 pm and solicited the Commission for comments and discussions.
Commissioner Barnes commented that he did not feel that the Applicant had put in the
appropriate amount of effort to notify and reach out to the Tall Oaks community. He felt that it
was necessary for the Applicant to reach out to the community to determine if there was some
way to alleviate their concerns.
Chairman Welsh Chamblin clarified that the Town's requirements for notification for public
hearing would be for any adjacent properties or across the street from the site. There will also be
notification in the newspaper and the property posted. Mr. Parker further clarified that the
required properties to be notified for this application abut the subject property or were located
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across the street from it. The affidavit has been submitted that notification was sent to the
required properties along with the certified receipts and the property has been posted. The
Applicant has met the ordinance requirement for notification.
Commissioner Kidder expressed concerns regarding language addressing mature vegetation as
being too vague and requested more specific language. Mr. Parker responded that the language
she referenced was part of the original proffers from the 1980's. This application is outside
those required buffers. The trees and vegetation being disturbed extends beyond the required
buffer.
Commissioner Kidder wished to confirm that the pole can't be any higher than 106 feet. Mr.
Parker responded that under the I-1 Zoning District, an applicant can apply for a 150 foot tall
monopole. The subject Application is for a 100 foot monopole with a 6' lightning rod attached
to it.
Commissioner Kidder expressed concern regarding the 53' setback, the removal of 8 large trees
which affects the tree canopy, and lack of camouflage efforts.
Commissioner Robinson asked why the review process was so lengthy. Mr. Parker explained
that the Applicant requested to go on hold during the review process. Mr. Stearns noted that
during the review, staff had requested the Applicant look at an alternative location due to buffer
issues so they relocated the pole which created the need for a Boundary Line Adjustment (BLA).
Dominion Virginia Power took several months to respond to the BLA request. Mr. Stearns also
clarified that no buffer trees were being removed.
Commissioner Robinson opined that the County area could support something along this line and
asked what was discussed with other areas and what issues existed with other areas, outside of
the chart displayed earlier. Mr. Parker answer that he would have to defer to the Applicant to
address her question.
Commissioner Robinson asked about DAS systems within the Town and whether they were
supposed to co -locate on existing poles. And if so, would it be possible to add additional
antennas to this pole as it would be an existing monopole. Mr. Parker responded that it could be
possible with an amended special exception.
Commissioner Babbin asked if staff and the Applicant had discussed alternative locations on the
Dominion property to locate the pole. Mr. Parker explained that there was discussion in the
context of the original application and how it met the ordinance requirements for the construction
and approval. Areas discussed were in the general vicinity, however more specific discussion
ensued on the original location and buffer issues. Other locations outside the general vicinity
were not discussed.
Commissioner Babbin asked the Applicant if other places on the Dominion site had been
considered. Mr. Stearns answered that the majority of this Dominion Virginia Power facility
was fenced and as in past dealings with Virginia Dominion Power, they were not allowed to be
inside the fence and Dominion would not lease other sections of the property.
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Commissioner Babbin commented that while she understood the concerns voiced by the
community she felt that self -coverage and self-service was needed in our community as well.
The lack of such can also decrease property values. There is a need for this in our community
and this seems to be an appropriate location for it.
Commissioner Harper expressed concern that the BLA is not being done prior to approval, the
removal of trees, and the potential for the light on the pole as she felt it was needed for safety for
the medivac helicopter. She opined that there were other more appropriate locations across
Sycolin Road and noted that she would not be supporting this Application.
Chairman Welsh Chamblin thanked the Applicant, staff and the public. She commented that she
recognizes the need for the telecommunications facility but would like to see this placed in an
area that was less obtrusive, more commercial in nature, and not abutting residential
development.
Commissioner Kidder also noted the importance of having the telecommunications facilities
available however she was not is support of this Application as it was to obtrusive on the
residents of the abutting residential development.
Chairman Welsh Chamblin called for additional discussion. Seeing none, she called for the
motion.
Commissioner Kidder made the following motion:
I move that Commission Permit TLCP-2016-0001, Milestone Tower Limited Partnership, III, be
denied by the Planning Commission on the basis that the Approval Criteria of Zoning Ordinance
Sections 3.12.9 have not been satisfied due to the impact on the neighboring property.
Second: Harper
Chairman Welsh Chamblin called for discussion on the motion.
Commission Babbin commented that she would be voting against the motion for reasons
previously stated.
Chairman Welsh Chamblin called for the vote.
The motion carried, 5-1-1 (Nay — Babbin, Absent — Burk)
Chairman Welsh Chamblin called for the vote on the Special Exception.
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January 5, 2017 Minutes
Commissioner Kidder made the following motion:
I move that Special Exception Application TLSE-2016-0001, Milestone Tower Limited
Partnership, III, be forwarded to the Town Council with a recommendation of denial for the
following reasons:
The impact on the neighboring property
Second: Commissioner Harper
Chairman Welsh Chamblin called for the discussion on the motion. Seeing none she called for
the vote.
The motion carried 5-1-1 (Nay-Babbin, Absent Burk)
Chairman Welsh Chamblin explained that the Commission will be forwarding a recommendation
of denial to the Town Council, however Town Council will make the ultimate decision.
Mr. Parker clarified that the Commission Permit is acted upon solely by the Planning
Commission and that the Applicant has the right to appeal. Council can choose to take that up
separately or with the Special Exception. He will follow up with the Applicant as to how they
would like to proceed.
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
COMPREHENSIVE PLANNING
None
COUNCIL AND REPRESENTATIVES REPORT
Mayor Burk wished to restate her gratitude to all the Commissioners who have served and will
be leaving. She stated that she appreciated their efforts and knows that any decision that comes
to Council from the Planning Commission has been thoroughly vetted and their efforts are
appreciated. She noted that she looked forward to working with the new Commission members.
STAFF AND COMMITTEE REPORTS
Commissioner Kidder informed the Commission that the Environmental Advisory Commission
has taken on the issue of herbicide spraying in the Town and is gathering information regarding
other methods of weed removal that are not toxic.
STAFF DISCUSSION
None
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Leesburg Planning Commission
January 5, 2017 Minutes
OLD BUSINESS
None
NEW BUSINESS
Inclement Weather Resolution
Shelby Caputo, Deputy Town Attorney explained that last year at the Planning Commission's
second meeting she presented them with a resolution to continue any meeting that may be
cancelled due to inclement weather to the next regular business meeting. This will alleviate the
need to re -advertise any public hearings that had been scheduled as this resolution will be
published in the local newspaper.
Commissioner Harper moved to pass Resolution 2016-0001 to allow the Planning Commission
to continu% meetings in the event of inclement weather as a continuation of the policy from last
year.
Second: Commissioner Babbin
Vote: 6-0-1 (Burk absent)
ADJOURNMENT
The Meeting was adjourned at 9:01 pm
Ap , �oved by:
Karn Cicalese, Commission Clerk
Ly6dsay Wes Chamblin, Chair
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