Minutes

PLANNING COMMISSION

MINUTES

September 23, 2009


The Planning Commission met in regular session on Wednesday, September 23, 2009, at 8:00 PM in the Council Room of the Vienna Town Hall, 127 Center Street, South, Vienna, Virginia, with Melvin R. McCoy, Jr., Chairman, presiding. The following members were present: Charles “Chuck” Anderson, Emil D. Attanasi, John Brunow, Edward H. Chase, David W. Miller, Carey Sienicki and Mark Tenhundfeld. Absent was William G. Womack, Jr. Also in attendance and representing the Town Staff were Gregory M. Hembree, AICP, Director of Planning and Zoning and Denise Rose Borgatti, Board Clerk.


COMMUNICATIONS FROM CITIZENS AND/OR COMMISSIONERS:

Mr. Miller said he attended the Board of Zoning Appeals (BZA) meeting on September 16, 2009 regarding the CUP for new telecommunications facility for T-Mobile at the Frederick Street water tower and said the BZA unanimously approved the application.

ITEM NO. 1:

Recommendation to the Mayor and Town Council on a proposed revision to the 2008 Comprehensive Plan Map FCF-1 (Encouraged Locations for Telecommunications Facilities) through the addition of the C-1 and a small portion of the C-1A - zoned areas along Maple Avenue, East, between its intersection with Beulah Road and East Street and accompanying text on page 74 of said Comprehensive Plan.

Mr. Hembree said this is an outgrowth of the work-session meeting the Planning Commission had on August 12, 2009, where he presented to the Planning Commission a map and where he had indicated that through conversations with cellular providers and others, that they have discovered that the Vienna Technology Park is a secure facility zone and none of the providers there felt comfortable with any type of a telecommunications facility on any of those parcels, therefore that area is out of the picture for use as part of the Comprehensive Plan encouraged locations. Mr. Hembree said that one alternative has been the idea of using “thick flagpoles” on certain buildings to help fill some of the gaps in coverage; two (2) building exist in the 500 block of Maple Avenue, East. Since these locations are outside the encouraged locations it is being proposed to add the 400 and 500 blocks of Maple Avenue, East to the list of encouraged telecommunications facilities in the Comprehensive Plan.

Mr. Attanasi asked Mr. Hembree if he anticipated any proposed encouraged areas in the Southwest end of Town. Mr. Hembree said staff feels that Town-owned properties at this time would adequately cover those areas that might be brought forward by an intended provider and further that noone has come to him saying need additional area in that portion of Town.

Mr. Miller asked Mr. Hembree to talk about the history of how the original areas were determined for telecommunication facilities and why this was left off.

Mr. Hembree said the Telecommunications Act of 1996 came forward and said you had to provide some type of service for television, cable television, telecommunications of this sort and the Town attempting to try to provide some type of latitude information to the providers said, they would develop a map that indicates where the Town thinks the providers should go; it was selected based on zoning districts.

Mr. Tenhundfeld said if the Town extends the area as proposed, does that mean that if a provider were to apply to erect a tower in the new area that they would be automatically granted. Mr. Hembree said each provider would have to apply for a conditional use permit. Mr. Tenhundfeld asked if there have been complaints from residents around the existing approved areas for telecommunication facilities. Mr. Hembree replied no.

There was noone to speak either for or against the proposed application.

It was moved to close the public hearing.

Motion: Miller
Second: Attanasi
Carried: 8-0

Absent: Womack

Mr. Miller said the proposed continuation of the encouraged areas for cell towers is in standing with what the Town has done historically and in his opinion is a continuation of the policy that is in effect currently, he will support the motion.

Mr. Anderson said he has gone on record saying the Town needs to take a comprehensive look at the telecommunications policy. Mr. Anderson said his sense of where this is going , that because of the increasing demand for cell phone tower capacity, the Town will be faced with more and more applications. This appears to be a commercial area and if used would mitigate the demand to put cell phone towers in residential areas and therefore his position is even thought he Town needs to do more long range planning, and believes the Town will be moving in this direction and will support the motion.

Mr. Tenhundfeld said that he supports Mr. Anderson idea of looking at the Town as a whole regarding what is appropriate for cell towers, it is not clear to him that others will share their insights into the suggestion of a moratorium. And in the event that those who have a final say regarding the moratorium decline to impose a moratorium, he thinks it is prudent to approve the proposed extension given that it seems to be consistent with the other use up and down Maple Avenue, and will support the motion.


It was moved to recommend to the Mayor and Town Council approval on a proposed revision to the 2008 Comprehensive Plan Map FCF-1 (Encouraged Locations for Telecommunications Facilities) through the addition of the C-1 and a small portion of the C-1A - zoned areas along Maple Avenue, East, between its intersection with Beulah Road and East Street and accompanying text on page 74 of said Comprehensive Plan.

Motion: Brunow
Second: Sienicki
Carried: 8-0

Absent: Womack


ITEM NO. 2:

Recommendation to the Board of Zoning Appeals on a conditional use permit for the establishment of a new telecommunications exchange facility (Valley Park - Westwood Country Club) on property located at 800 Maple Avenue, East in the RS-16, Single Family residential zoning district. Filed by Bryan C. Cline, Site Acquisition Agent for New Cingular Wireless LLC, d/b/a AT&T Mobility LLC, applicant and on behalf of the Westwood Country Club, owner.

Greg Rapisarda was present on behalf of the application.

Mr. Rapisarda gave a PowerPoint presentation to illustrate the proposed application. Mr. Rapisarda said he is proposing a 101' “stealth flagpole” monopole located at the Westwood Country Club (WWCC) and provide wireless services to the businesses and residences in and around Vienna.

Mr. Rapisarda said WWCC is 157 acres in size with a golf course, driving range, 57,000 foot clubhouse , an Olympic size pool, ten (10) tennis courts and a fitness center, and is zoned RS-16, but is a heavy commercial use. A picture was shown of the entryway into WWCC with a simulated flagpole that would carry the antennas. Mr. Rapisarda said that the Town wants to minimize the negative effects on nearby properties, specifically safety, environmental and aesthetic. There are no safety hazards to telecommunications facilities and that over 50% of 911 calls are from mobile phones and people need mobile phone service to enhance their safety. WWCC is within the Resource Protection Area (RPA) and this proposed application would have no negative environmental impacts on that. For aesthetic reasons that is why they are proposing the stealth flagpole.

AT&T holds Federal licenses from the Federal Communications Commission (FCC) to provide wireless services. Part of those licenses require it to fill in coverage gaps and provide those services nationwide. The RF engineers have identified a coverage gap in Vienna and surrounding area and than they create a search ring. The search ring is an area within the larger coverage gap where antennas can be placed and will hopefully fill the larger coverage gap. Placement of antennas is important because there are existing sites all over the place and each one of the new antennas has to be placed in a way to hand off to the existing sites without creating interference.

Mr. Rapisarda showed in his presentation the existing coverage and the proposed coverage with the antennas. Mr. Rapisarda said they looked at two (2) other non-encouraged locations, Epiphany United Methodist Church on Country Club Drive and the Cardinal Swim Club, both of whom were not interested. They also looked at the Wall Street water tower which is an encouraged location and is in the RS-16 zoning district as is the WWCC would be into close of a proximity to surrounding homes and not enough room to accommodate area needed for the ground equipment.

Mr. Rapisarda said the proposed 101' flagpole will have space for two (2) more future applicants. There will be an equipment compound surrounded by an eight (8) foot high fence or if it needs to be six (6) that is fine. Mr. Rapisarda said the towers are regulated by the Federal Government and would comply with all State and Federal and Town regulations.

Mr. Rapisarda showed simulated pictures of views of the proposed flagpole from various locations. Mr. Rapisarda talked about concerns there may be about economic impact on residential property - there are none. A study was done by Thorne Consulting who has conducted studies since 1996 comparing pre-tower prices and post-tower prices and there was no negative impact.

Mr. Rapisarda referred to the staff report prepared by staff referring to the apprehension in the staff report which is a “slippery slope” argument, because there are forty (40) other parcels in Town that are residentially zoned but have commercial uses, such as day care centers and churches. Also, CUP’s are looked at on an individual basis and would not force similarly utilized parcels for consideration for cellular towers because those carriers would have to show the Town how they meet the criteria, both letter and intent of the Comprehensive Plan.
Mr. Rapisarda asked for the Commission to recommend approval to the BZA.

Mr. Brunow noted the coverage map from the PowerPoint presentation and asked if one was standing on Fairway Drive, NE or driving in a vehicle would there be coverage for AT&T cell phone. Mr. Rapisarda replied there may or may not be coverage. Mr. Brunow asked if the purpose of AT&T coming to the WWCC site is to provide a baseline of coverage rather than trying to increase their coverage so it would operate within a residential structure. Mr. Rapisarda replied no, saying they would want people to have wireless access in their homes.

Mr. Anderson asked what methodology was used to develop the coverage maps. Mr. Rapisarda said distinguishing between levels of coverage, adequate optimum coverage would allow for in-home use and in-car use. Mr. Anderson said are the coverage gaps shown for residential homes or inadequate coverage for cars. Mr. Rapisarda said it includes car coverage. Mr. Anderson said he printed out coverage maps from the AT&T website corresponding to the area being discussed tonight and it shows that virtually all of Vienna has best coverage or good coverage and asked for an explanation of the difference between what the website is saying to the public and what the Commission is being told this evening.

Mr. Rapisarda said looking at the maps it says the maps may depict a licensed area rather than approximation of coverage in that area and saying that actual coverage may differ substantially from the graphics. Mr. Rapisarda said he “guessed’ it was saying that they should be providing coverage in that area and will be doing everything to provide coverage in that area. Mr. Anderson said he would like to see what data was used to prepare the coverage maps and specifically what type of coverage are they talking about in terms of adequate residential versus adequate car versus # of dropped calls experienced in that area.

Shashikanth Sena, RF engineer for the project, said they do not use dropped call status or anything which the public is using right now, it is only a simulation they use for the coverage maps. Mr. Sena said they were asked to design sites based on EPM coverage
Mr. Sena said that the maps indicate that there is coverage but that there is poor coverage inside the residential homes.

Mr. Anderson said previous applicants have provided RF emission studies and asked if AT&T has done any RF emission studies for this site. Mr. Rapisarda said there is an FCC maximum exposure and the Federal Government regulates the maximum exposure of radio frequency. The power coming out of the antennas is 100,000 times less than the minimum exposure levels that the FCC warns against. Mr. Rapisarda said they have not done it for the site yet but know that their antennas are well below the minimum exposure level. Mr. Anderson said that it was stated that the tower that would be erected would provide for two (2) additional carriers and would cover all the anticipated need for northeast Vienna but aren’t there more carriers. It was pointed out there are many carriers, such as Clearwire, Cricket Communications, etc.

Mr. Attanasi asked Mr. Rapisarda what he meant on page 3 of the justification statement when he said, “First, AT&T looked at Town Owned Properties. No property can work due to RF concerns or real estate concerns”. Mr. Rapisarda the RF concerns were that all the Town owned properties were 35' to 50' high; the substation and the water tank. When they looked at a model where they could put the antennas on top of the Town owned properties, RF ruled it out. Mr. Attanasi asked Mr. Hembree if there are some well that are in northeast that the Town gets water supply from. Mr. Hembree said one that comes to mind is in the “hollow” of Creek Crossing Road, NE on Town owned property and there is one at 442 Beulah Road, NE., both of which are in residential areas. Mr. Attanasi asked if there was anyone representing the WWCC. Mr. Rapisarda said he was speaking in terms of the proposal on behalf of WWCC and AT&T.

Paul Flood, General Manager of WWCC was present on behalf of the application.

Mr. Attanasi asked Mr. Flood if the WWCC was generally open to the public. Mr. Flood replied no, it is a Members Only club. Mr. Attanasi said that is site has been characterized by a purely commercial operation and on the land use maps it is zoned residential but its use is recreational. Mr. Hembree said its use is a private club/recreational use. Mr. Attanasi said he is concerned that they are not talking specifically about a general commercial operation that is not controlled by its members. Mr. Flood said that the Board supports this application. Mr. Flood said that he received several calls from members questioning the proposed location. Mr. Attanasi asked how the proposal came about. Mr. Flood said they were solicited.

Mr. Chase asked what would happen if WWCC redeveloped, what would happen to the antenna flagpole under the agreement with AT&T and WWCC. Mr. Flood said there is a proposed five(5) year lease.

Mr. Anderson said in recent applications the Planning Commission has been concerned about RF emission issues and making sure that after the facility is installed that some testing is done. Mr. Anderson asked if WWCC would consider putting a clause in the lease regarding testing if it is not in there already. Mr. Flood said yes.

Mr. Hembree said to Mr. Flood that he had mentioned earlier that there was some concern on the part of the club members as to the proposed location of the proposed flagpole antenna and asked if WWCC is here this evening indicating that they are accepting the proposal from Mr. Rapisarda, saying that when this proposal goes before the BZA, because when applying for a CUP it is representing that what is being presented is the proposal and location; because when the BZA order is issued that is nailed down. It is important for the record that WWCC accepts this as the proposed location for this facility. Mr. Flood said WWCC did sign papers to that effect but WWCC was hopeful that the location had not been determined yet. Mr. Hembree said based on the statement made by Mr. Flood, he is not sure the Planning Commission can make a favorable recommendation on a location for a flagpole that might be “floating” somewhere else as opposed to the presentation by Mr. Rapisarda earlier. And if that is the case than a continuance is in order until that location can be “nailed down” Mr. Flood said okay.

Mr. Rapisarda said to Mr. Flood that he did not believe he was there speaking for the Board at WWCC. Mr. Rapisarda said he understands there are concerns from the WWCC members. Mr. Rapisarda said this proposal is signed and authorized by the Board of WWCC and did not want to be adverse to the General Manager of the WWCC, but did not believe that he is speaking for the Board, the corporate entity, that he is representing along with AT&T with the proposal. Mr. Rapisarda said AT&T is amenable to looking at an alternative location. Mr. Rapisarda said the BZA has the authority as a condition of approval and said the Planning Commission could condition their recommendation on whether there was another agreed upon location that had less visual impact and than the BZA could do that. Mr. Rapisarda asked Mr. Flood if he was here from WWCC speaking for the corporate entity to put this on hold. Mr. Flood replied yes. Mr. Rapisarda said he did not know that. Mr. Rapisarda said he would like to ask for a continuance. Mr. Hembree asked Mr. Rapisarda how much time would it take to resolve the location issue because in his dealing with the Planning Commission for so long, he has to provide the Commission a recommendation some site specific location analysis, so until there is a specific location “nailed down” he would not presume to bring this back to the Planning Commission. Mr. Rapisarda agreed.

Chairman McCoy said that Mr. Hembree made it clear that the Planning Commission would desire site specific information and unless there is any objection that would be their primary reason for not responding positively to the applicant’s request.

Mr. Attanasi asked Mr. Hembree if this proposal has an indeterminate location than this make for an incomplete application. Mr. Hembree said that was correct.

Mr. Chase said that approving an application in the residential zone sets a precedent that is not really one that the Town has been wanting to do and asked what is the tradeoff between accepting a residential location versus a less desirable aesthetics for a location in the commercial zone. Mr. Chase said he did not want to open up the residential zone for these types of applications.

Mr. Miller stated that he would highly encourage the applicant to look hard in commercial areas that the Town has so designated.

Mr. Rapisarda stated for the record that he would like to request a continuance




It was moved to approve the minutes of September 9, 2009 with minor corrections.

Motion: Attanasi
Second: Sienicki
Carried: 8-0

Absent: Womack


It was moved to adjourn at 9:18 PM.

Motion: Chase
Second: Brunow
Carried: 8-0

Absent: Womack


Respectfully Submitted



Denise Rose Borgatti
Board Clerk

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