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HomeMy Public PortalAbout2010_11_09_R144 - Approving TLSE 2010-0005 T-MobileThe Town of Leesburg, Virginia PRESENTED November 9, 2010 RESOLUTION NO. 2010 -144 ADOPTED November 9, 2010 A RESOLUTION: TO APPROVE THE TELECOMMUNICATION ANTENNA SPECIAL EXCEPTION USE FOR TLSE 2010 -0005, T- MOBILE ANTENNA AT WESTPARK WHEREAS, a Special Exception application with a Special Exception Plat has been filed by T- Mobile Northwest LLC, and is referred to as TLSE- 2010 -0005, T- Mobile Antenna at Westpark; and WHEREAS, the subject property is located at 59 Clubhouse Drive, and is further described as Loudoun County Parcel Identification Number (PIN) 272 -38 -5127; and WHEREAS, the property is zoned B -3, Community Retail /Commercial District; and WHEREAS, the Planning Commission held a Public Hearing on October 21, 2010; and WHEREAS, at their regular meeting of October 21, 2010 the Planning Commission recommended denial of this application to the Town Council; and WHEREAS, Staff recommended conditional approval subject to the conditions identified in the Town Council Staff Report dated November 4, 2010; and WHEREAS, Town Council has determined the proposed use meets the special exception approval criteria as set forth in the Zoning Ordinance Section 3.4.12 and 9.3.26.B.13; 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 2010 -0005, T- Mobile Antenna at Westpark, is hereby approved to permit telecommunication antennas on the property located at 59 Clubhouse Drive, 2 A RESOLUTION: TO APPROVE THE TELECOMMUNICATION ANTENNA SPECIAL EXCEPTION USE FOR TLSE 2010 -0005, T- MOBILE ANTENNA AT WESTPARK having a Loudoun County Parcel Identification (PIN) number 272 -38 -5124, subject to the following conditions: 1. Substantial Conformance: Development of this special exception use shall be in substantial conformance with the attached Special Exception Plat entitled "Westpark CC/VEPCO as prepared by Compass Technology Services. This plat includes Sheets T -1, C -1, C -2, C -3, S -1, S -2 and Easement Survey. 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. Expansion: A note should be added to the Special Exception Plat that states: "The number of antennas shall be limited to a total of twelve (12), and attached to the platform as depicted on the special exception plat, or as required by Dominion Virginia Power. The approval of this special exception plat is intended for antennas solely owned or operated by T- Mobile. Transfer or subleasing of these antennas are prohibited. 4. Fencing: The applicant shall provide a board -on -board fence, with waterproofing stain and sealer, constructed to a minimum height of eight (8) feet and located as depicted on the Special Exception Plat. 5. Vegetative Screen: The applicant shall provide a vegetative screen surrounding three sides of the fenced enclosure, as illustrated on the Special Exception Plat. If required by Dominion Virginia Power, the Applicant must receive an encroachment allowance to plant within the transmission easement; said agreement shall be provided to the Town upon receipt. The Applicant's encroachment request should provide for a minimum of two species, each having a height of eight (8) feet at time of planting and a minimum spacing of at least eight (8) feet. The amount of required material should be equivalent to the recommended material and spacing. 6. Lighting: The applicant agrees that there will be no lights on the tower unless requested by the Federal Aviation Administration (FAA). A RESOLUTION: TO APPROVE THE TELECOMMUNICATION ANTENNA SPECIAL EXCEPTION USE FOR TLSE 2010 -0005, T- MOBILE ANTENNA AT WESTPARK PASSED this 9 day of November, 2010. 3 P: \Resolutions\Resolutions 2010 \1109 TLSE 2010 -0005 T- MobileAntenna at Westpark.doc n C, mstattd, Mayor Town of Leesburg