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HomeMy Public PortalAbout2010_01_26_R011 - TLSE 2009-0008 AT&T Telecommunications AntennaThe Town o f RESOLUTION NO. 2010-011 PRESENTED: January 26, 2010 ADOPTED: January 26, 2010 A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2009-0008, AT&T TELECOMMUNICATION ANTENNA, ON THE PROPERTY HAVING PIN NUMBER OF 149-19-2265, AND LOCATED NEAR THE INTERSECTION OF VIRGINIA STATE ROUTE 7 AND CROSSTRAIL BOULEVARD, WHEREAS, New Cingular Wireless PCS, LLC (AT&T) has requested special exception approval to permit a telecommunications antenna on the property having a Loudoun County Parcel Identification (PIN) number 149-19-2265, which is located near the intersection of Virginia State Route 7 and Crosstrail Boulevard; and WHEREAS, the property is zoned I-1, Industrial/Research Park District and the H-2, Historic Corridor Architectural Control Overlay District; and WHEREAS, the Zoning Administrator issued a Violation Notice to AT&T, via certified mail, on May 21, 2009; and WHEREAS, the Violation Notice notifif;d AT&T of their illegal use of a Power Mount Cellular Antenna Array; and WHEREAS, AT&T seeks to remedy the; illegal use with the approval of a Special Exception for a telecommunications antenna; and WHEREAS, the Planning Commission held a Public Hearing on January 21, 2010, and WHEREAS, the Planning Commission ,recommended conditional approval; and WHEREAS, Staff recommends conditional approval subject to the conditions contained in the January 21, 2010 Staff Report; and -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2009-0008, AT&T TELECOMMUNICATION ANTENNA, ON THE PROPERTY HAVING PIN NUMBER 149-19-2265, AND LOCATED NEAR THE INTERSECTION OF VIRGINIA STATE ROUTE 7 AND CROSSTRAIL BOULEVARD, WHEREAS, Town Council has determined the proposed use meets the special exception standards for a telecommunication antenna as set forth in the Zoning Ordinance; and WHEREAS, Town Council has determined that the Approval Criteria of Zoning Ordinance Section 3.4.12 have been satisfied; and WHEREAS, Town Council has determined that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Special Exception application TLSE-2009-0008, AT&T Telecommunications Antenna, is hereby approved to permit a Telecommunications Antenna on the property having a Loudoun County Parcel Identification (PIN) number 149-19-2265, which is located near the intersection of Virginia State Route 7 and Crosstrail Boulevard, subject to the following conditions: 1. Substantial Conformance: Development of this special exception use shall be in substantial conformance with the Special Exception Plat entitled "Palliser Court" last revised December 8, 2009, prepared by Centrex Communication Services Inc. This plat includes Sheet 1 of 2 (Title Sheet), Sheet 2 of 2 (Special Exception Plat). 2. No Expressed or Implied Waivers: Approval of the special exception does not express or imply any waiver or modification of the requirements set forth in the Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual (DCSM) except as specifically approved by Town Council or as shown as approved by Town Council on the Special Exception Plat and supporting documents. -3- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2009-0008, AT&T TELECOMMUNICATION ANTENNA, ON THE PROPERTY HAVING PIN NUMBER 149-19-2265, AND LOCATED NEAR THE INTERSECTION OF VIRGINIA STATE ROUTE 7 AND CROSSTRAIL BOULEVARD, PASSED this 26th day of January, 2010. --~ )d n C. U stattd, Mayor Town of Leesburg ATTEST: Clerk of P:Utesolutions\Resolutions 2010\0126 TLSE 2009-0008 AT&T.doc