Planning Commission

February 9 2000

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON FEBRUARY 9, 2000 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

Mr. Martin, Chair, called the meeting to order. Don Linkous, Secretary, established the presence of a quorum.

Present:James Martin, Chair

Harry Neumann, Vice-Chair

Don Linkous, Secretary

Kathryn Brennan, Member

Ray Alcorn, Member

Richard Daub, Member

Joe Draper, Member

Charlie Elgin, Member

Michael Ewing, Member

John Muffo, Board of Supervisors Liaison

Joe Powers, Staff

Phyllis Conner, Planning Department Secretary

Absent:Malvin Wells, Member

Kelly Boyers, Staff

Meghan Dorsett, Staff

PUBLIC HEARING:

Hazel B. Linkous (Agent: The TEA Group/Crown Communications) Special Use Permit Request: (Planning Commission Decision)

Mr. Martin opened the public hearing on the Hazel B. Linkous Special Use Permit request. He stated that Hazel B. Linkous (Agent: The TEA Group/Crown Communications) request for a Special Use Permit (Tax Parcel No. 052-A-118) to allow construction of a telecommunications tower. Property is located at 2049 Merrimac Road. Proposed site is located in the Price's Fork Magisterial District. The property lies in an area designated rural in the Comprehensive Plan.

Mr. Powers showed a video of the area.

Michael Pace, Jr., Gentry Locke Rakes & Moore, made a presentation to the Commission. Mr. Pace stated that they represent Crown Castle TEA Group, Inc. ("Crown") and Triton PCS, Inc. t/a Sun Com ("SunCom"). He said Crown and Sun Com are currently developing and implementing plans for construction of telecommunications facilities for the operation of SunCom's wireless Personal Communication Services (PCS) network in Montgomery County along Interstate 81. The SunCom network proposes 14 sites in Montgomery County. These facilities will be connected to others in Roanoke County and Pulaski County to complete telecommunications network for SunCom along I-81. He said of the 14 proposed sites in Montgomery County, 5 are proposed to be located on existing towers, 3 are to be located on existing power poles and 6 are new towers. He displayed a map showing the new sites and explained technology including the Linkous property. Mr. Pace stated that they have met all the criteria in the Montgomery County Zoning Ordinance.

Discussion followed the co-locations and towers that become obsolete. . Mr. Pace stated that if towers were abandoned, they would be taken down. Doug Minnick, VA Tech engineer spoke. He stated that he is not opposed to the request but made suggestions to consider additional space for emergency communications and assure that emergency fire and rescue have equal opportunities.

There being no further comments, Mr. Martin closed the public hearing on the Hazel B. Linkous (Agent: The TEA Group/Crown Communications) Special Use Permit request.

Marvin N. Graham, Sr. (Agent: The TEA Group/Crown Communications) Special Use Permit Request: (Planning Commission Decision)

Mr. Martin opened the public hearing on the Marvin N. Graham, Sr. Special Use Permit request. He stated that Marvin N. Graham, Sr. (Agent: The TEA Group/Crown Communications) request for a Special Use Permit (Tax Parcel No. 081-A-034-037) to allow construction of telecommunications tower. Property is located at 1189 Izaak Walton Lane. Proposed site is located in the Shawsville Magisterial District. The property lies in an area designated rural in the Comprehensive Plan.

Mr. Powers showed a video of the area. He stated that this proposed location of the tower is on Christiansburg Mountain approximately 2000' northeast of the existing telecommunication tower on Brammer Lane. Mr. Pace, displayed a map showing the location of the Graham property site.

Larry Martin, 2850 Roanoke Street, spoke in opposition to this request. He wishes to make GTE Wireless work with Marvin Graham in co-location of their tower instead of a new tower being constructed.

Their being no further comments, Mr. Martin closed the public hearing on the Marvin N. Graham, Sr. Special Use Permit request.

GTE Wireless, Inc. Special Use Permit Request. (Planning Commission Decision)

Mr. Martin opened the public hearing on the Ted W. Graham (Agent: GTE Wireless, Inc.) request for a Special Use Permit. He stated that Ted W. Graham (Agent: GTE Wireless, Inc.) request for a Special Use Permit (Tax Parcel No. 81-A-45) to allow replacement of an existing Telecommunications tower with a taller one. Property is located at the end of Brammer Lane in the Shawsville Magisterial District. The property lies in an area designated rural in the Comprehensive Plan.

Mr. Powers showed a video of the area. Mr. Greg Rafferty, GTE, was present. He stated that GTE proposed upgrading of an existing telecommunications tower. This could produce removal of a 195' monopole on an existing site and the construction of a 220' monopole tower for co-location in its place. The existing pad and building would remain, with the addition of a 12'x16' pre-fab building. Mr. Martin asked why communication towers keep going up. Mr. Rafferty stated that different technology keeps the towers going up and down.

There being no further comments, Mr. Martin closed the public hearing on the GTE Wireless, Inc. Special Use Permit request.

Paul & Rebecca Underwood Rezoning Request: (Planning Commission Decision)

Mr. Martin opened the public hearing on the Paul & Rebecca Underwood Rezoning request. He stated that Paul & Rebecca Underwood request to rezone 21.02 acres from A-1 (Agriculture) to R-R (Rural Residential). Property is Tax Parcel No. 103-A-13E, located adjacent to 609 Lovely Mount Drive, in the Riner Magisterial District. The Comprehensive Plan designates this area for high intensity uses.

Mr. Powers showed a video of the area.

Mr. Underwood, applicant, addressed the Commission. He stated that he owns twenty acres of land on Lovely Mount Drive, zoned A-1 (Agriculture). He said this property has been the subject of two previous rezoning requests. In 1998, the Underwoods applied to rezone the property R-1 (Residential). The request was tabled and later withdrawn. In 1999, the Underwoods applied to rezone the property PIN (Planned Industrial). That request was also tabled, and was also later withdrawn. Mr. Underwood stated that he has now applied to rezone the property to R-R (Rural Residential) that would permit residential development in areas unlikely to be served with public water and sewer.

There being no further comments, Mr. Martin closed the Paul and Rebecca Underwood Rezoning request.

Mr. Martin opened the Public Address Session. There being no speakers, Mr. Martin closed the Public Address Session.

On motion by Ray Alcorn, seconded by Don Linkous and unanimously carried, the agenda was approved as distributed.

Mr. Powers distributed draft conditions for the Telecommunications towers. Mr. Draper stated that a co-location policy needed to be included in the conditions. Mr. Pace said the co-location policy previously used for US Cellular would be fine to include in the ordinance. Discussion followed.

A motion by Joe Draper, seconded by Richard Daub to recommend approval of the Hazel B. Linkous (Agent: The TEA Group/Crown Communications) Special Use Permit request to the Board of Supervisors failed by a vote of 2 in favor (Daub, Draper) and 7 opposing

Mr. Don Linkous stated that he is an adjacent landowner to the property requested for construction of the telecommunications tower. His house is about 200 yards from the site. He stated that he is opposed to this request. Mr. Alcorn stated that when the CFW Telecommunications tower was approved, he expressed the need for a tower policy to be created for future requests. He said he supports modern technology but cannot support this request until the Planning Commission can develop a tower policy for the county as a whole. He stated that he would like to recommend to the Board of Supervisors that this request be tabled until a tower policy can be created. Mr. Elgin expressed concern relating to airports. He said planes fly too low and go into the vicinity of towers. Mr. Neumann said he agrees with Mr. Alcorn concerning the need for a tower policy. Mr. Martin said he agrees with support of a tower policy. Ms. Brennan stated that the County does not need to have a lot of towers. She said a policy is needed where the best spots in the County are designed for the towers. Mr. Pace stated that they have complied with the current Zoning Ordinance.

Mr. Elgin stated that this tower needs to be replaced. He said the tower is leaning toward Dixie Caverns and he is concerned over the safety of this tower. Mr. Alcorn asked about the co-location policy for this tower. Should it not be able to support a third user? Mr. Rafferty of GTE said that CFW had told him a third user could not be added to the tower but they did not say why.

Mr. Powers showed a map of the area. Discussion followed concerning Rural Residential zoning and minimum lot area acreage. Members requested staff to prepare a drawing of the area proposed for rezoning and bring back to the meeting of February 16^th for review.

None.