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HomeMy Public PortalAbout01 05 17 PC MinutesThe Town of Gees6urg in Virginia 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. 1 Leesburg Planning Commission January 5, 2017 Minutes 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. 2 Leesburg Planning Commission January 5, 2017 Minutes 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. Leesburg Planning Commission 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. S Leesburg Plaluzing Commission January 5, 2017 Minutes 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. Leesburg Planning Commission 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 1.1 Leesburg Planning Commission January 5, 2017 Minutes ■ 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 7 Leesburg Planning Commission 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 E:3 Leesburg Planning Commission January 5, 2017 Minutes 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 D Leesburg Planning Commission January 5, 2017 Minutes 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 10 Leesburg Planning Commission January 5, 2017 Minutes 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. 11 Leesburg Planning Commission January 5, 2017 Minutes 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. 12 Leesburg Planning Commission 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 13 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 14