HomeMy Public PortalAbout2004_09_28_r159The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED: September 28, 2004
2004_]59
ADOPTED: September 28, 2004
APPROVING SPECIAL EXCEPTION TLSE-2004-0017 NEXTEL
STEALTH MONOPOLE CELLULAR TELECOMMUNICATIONS
FACILITY, 220 FORT EVANS ROAD, N.E., TO PERMIT A
CELLULAR TELECOMMUNICATIONS FACILITY CONSISTING OF
A STEALTH MONOPOLE AND EQUIPMENT SHED
WHEREAS, Nextel Communication of the Mid-Atlantic, Inc. has requested a Special
Exception to permit a telecommunications facility in the parking area of the Fort Evans Plaza
Shopping Center; and
WHEREAS, the property is located in the B-3 Community Retail/Commercial Zoning
District; and
WHEREAS, on July 15, 2004 the Planning Commission denied the Special Exception;
and
WHEREAS, on September 14, 2004, the Town Council held a public hearing; and
WHEREAS, the proposed use meets the special exception standards for a
telecommunication facility as set forth in the Zoning Ordinance; and
WHEREAS, staff recommends approval with certain conditions.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows: Special Exception application TLSE-2004-0017, Nextel Stealth Monopole Cellular
Telecommunications Facility, 220 Edwards Ferry Road, N.E., identified in the Loudoun County
Land Records as Parcel Identification Number 188-20-4317 is hereby approved subject to the
following conditions:
1. Approval of this special exception application does not express or imply any waiver or
modification of the requirements set forth in the Subdivision and Land Development
Regulations, Zoning Ordinance, or Design and Construction Standards Manual, and that
-2-
A RESOLUTION:
APPROVING SPECIAL EXCEPTION TLSE-2004-0017 NEXTEL
STEALTH MONOPOLE CELLULAR TELECOMMUNICATIONS
FACILITY, 220 FORT EVANS ROAD, N.E., TO PERMIT A CELLULAR
TELECOMMUNICATIONS FACILITY CONSISTING OF A STEALTH
MONOPOLE AND EQUIPMENT SHED.
final plats, development plans and construction drawings are subject to the applicable
town regulations.
A waiver of Zoning Ordinance Section 9.3.23.B. 12 requiring that new
telecommunications facilities be designed to accommodate at least three (3) providers is
hereby granted because it has been determined that a taller/wider tower is undesirable
because of its impact on the surrounding area and because there is no known or
anticipated demand for additional telecommunications facilities in this area of the town.
o
The facility shall be developed in substantial accordance with the plat entitled "Nextel
Leesburg Outlets VA-3180B New Stealth Light Pole" (the "Plat") dated 2/7/02, revised
through 8/26/04, and Landscaping Plan revised 9/23/04 prepared by SCE, Inc.
°
Prior to issuance of a zoning permit for the special exception use, the applicant will verify
that the building and monopole installation will not adversely impact the thrust restraint
on the existing fire hydrant or any other existing Town of Leesburg utilities in the
vicinity.
If it is determined that the fire hydrant needs to be relocated as a result of the location or
construction of the telecommunications facility, the hydrant shall be relocated at the
applicant's expense. Any new hydrants will be located and constructed at the direction of
Loudoun County Department of Fire & Rescue Services, Town of Leesburg Department
of Utilities and the Department of Engineering and Public Works.
6. The height of the monopole shall not exceed 62.5 feet as presented on the Plat. No
antennae shall be affixed to the outside of the stealth monopole.
The equipment shelter shall not exceed 200 square feet gross floor area as shown on the
Plat. The equipment shelter shall be finished with an aggregate finish in a color similar
to that of the shopping center building.
Unless otherwise required by the Federal Communications Commission (FCC) or the
Federal Aviation Administration (FAA), the monopole shall have the same finish as the
existing light poles in the Fort Evans Plaza parking area up to the height of the parking
lot light fixture (40 feet). The remainder of the monopole shall have a galvanized finish
or be painted with a light grey finish.
9. No signals, lights or illumination shall be permitted on the monopole unless required by
the FCC, the FAA, other Federal authorities, the State or by the town.
10. No commercial advertising or signs shall be permitted on the monopole, including
manufacturers logo or brand name.
-3-
A RESOLUTION:
APPROVING SPECIAL EXCEPTION TLSE-2004-0017 NEXTEL
STEALTH MONOPOLE CELLULAR TELECOMMUNICATIONS
FACILITY, 220 FORT EVANS ROAD, N.E., TO PERMIT A CELLULAR
TELECOMMUNICATIONS FACILITY CONSISTING OF A STEALTH
MONOPOLE AND EQUIPMENT SHED.
11.
All unused equipment and structures, including the monopole, shall be removed from the
site within 90 days of cessation of commercial public telecommunications use and the
site shall be restored to its original condition in accordance with Zoning Ordinance
Section 9.3.23.B. 11. Project General Note #2 shall be revised to reflect this condition.
12.
The monopole shall be designed and constructed in accordance with all applicable
standards of the American National Standards Institute, ANSI/EIA-222-E manual as
amended.
13.
Prior to development plan approval the applicant shall submit a soils report complying
with the standards found in Appendix I: Geotechnical Investigations, ANSI/EIA-222-E,
as amended that verifies that the foundation can support the proposed monopole.
14. Prior to development plan approval the applicant should verify that this facility will be
able to handle the wind and ice conditions typical of Leesburg.
15.
The zoning designations for the Desai and Spicewood Service properties shown on west
side of the Route 7/15 Bypass shown on sheet C1 need to be revised to O-1. The zoning
designation for all properties shown on sheet C1 east of the Route 7/15 Bypass need to be
revised to B-3. The Property Information table provided on the cover sheet must be
revised to specify the Current Zoning designation as B-3.
PASSED this 28th day of September, 2004.
~. ~mst~ttd, ~yor (~
Town of Leesburg
ATTEST:
erk of Council
TLCP-2004-0001 RESOLUTION