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HomeMy Public PortalAbout2020_01_14_R010 Shops at Compass Creek Special Exception TLSE-2019-0005, Restaurant with Drive-In Facility Building FThe Town of Leesburg, Virginia RESOLUTION NO. 2020-010 PRESENTED: January 14, 2020 ADOPTED: January 14, 2020 A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0005, COMPASS CREEK —RESTAURANT WITH DRIVE-IN FACILITY —BUILDING F WHEREAS, the special exception, TLSE-2019-0005, Compass Creek - Restaurant with Drive-in Facility — Building F, has been filed by Leesburg Commercial LC, to request approval of a special exception for a restaurant with drive-in facility; and WHEREAS, the subject property is identified with Loudoun County Parcel Identification number (PIN) and includes a portion of PIN 234-48-8819; and WHEREAS, the property is zoned B-3, Community Retail/Commercial District, subject to the concept development plan and proffers associated with TLZM-2019-0003, Shops at Compass Creek; and WHEREAS, on December 19, 2019, the Planning Commission held a duly advertised public hearing on this application; and WHEREAS, the Planning Commission recommended conditional approval of special exception TLSE-2019-0005, Compass Creek — Restaurant with Drive -In Facility — Building F; and WHEREAS, Town Staff recommends approval subject to conditions; and WHEREAS. on January 14, 2020. the Town Council held a duly advertised Public Hearing on this application; and WHEREAS. Town Council has determined the proposed special exception use meets the special exception standards for eating establishments with drive-in facility in the Zoning Ordinance; and -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0005, COMPASS CREEK — RESTAURANT WITH DRIVE-IN FACILITY — BUILDING F 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 both serve the public necessity, convenience, general welfare and good zoning practice. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that: SECTION 1. Special Exception application TLSE-2019-0005, Compass Creek - Restaurant with Drive-in Facility — Building F, is hereby approved to permit an eating establishment with drive-in facility on the property as identified above, subject to the following conditions: 1. Substantial Conformance. Development of this property shall be in substantial conformance with the Rezoning and Concept Plan and Special Exceptions, Shops at Compass Creek, prepared by Bohler Engineering, last revised December 20, 2019, with reasonable allowances to be made for engineering and design alteration to meet Town Subdivision and Land Development Regulations, Zoning Ordinance or Design and Construction Standards Manual requirements. 2. No Modifications Granted or Implied. Approval of this 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. Final plats, development plans, and construction drawings are subject to the applicable town regulations, unless modified administratively. 3. Uses Permitted. Special Exception TLSE-2019-0005 permits an eating establishment with drive-in facility as depicted on the TLZM-2019-0003 Concept Development Plan. 4. Menu Board Speakers. Outdoor speakers should extend no higher than five (5) feet above the ground level. SECTION 2. This special exception application approval will be effective at such time as the Loudoun County Circuit Court approves the Boundary Line Agreement for some of the properties identified in Ordinance No. 2019-0-022 (Parcel Identification Numbers 234-39-9964, -3- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0005, COMPASS CREEK — RESTAURANT WITH DRIVE-IN FACILITY — BUILDING F 233-18-8634-001, 192-25-8128-001, 233-17-6768 and Portions of PINS 234-48-3058-001, 234- 38-2798), adopted November 26, 2019. PASSED this 14th day of January, 2020. Kelly Bujk, Mayor Town of Leesburg ATTEST: Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions1202010114 Shops at Compass Creek Special Exception TLSE-2019-0005, Restaurant with Drive -In Facility Building F