HomeMy Public PortalAbout2020_01_14_R013 Shops at Compass Creek Special Exception TLSE-2019-0008, Restaurant with Drive-In Facility Building JThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2020-013
PRESENTED: January 14, 2020
ADOPTED: January 14. 2020
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0008. COMPASS
CREEK — RESTAURANT WITH DRIVE-IN FACILITY — BUILDING J
WHEREAS, the special exception, TLSE-2019-0008, Compass Creek - Restaurant with
Drive-in Facility — Building J, 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-2019-0008, Compass Creek — Restaurant with Drive -In Facility — Building J;
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
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0008, COMPASS
CREEK — RESTAURANT WITH DRIVE-IN FACILITY — BUILDING J
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-2019-0008, Compass Creek - Restaurant
with Drive-in Facility — Building J, 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-2019-0008 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.
5. Architecture. New building elevations for Building J shall be reviewed by the Board
of Architectural Review for referral comments to the Land Development Official
(LDO) in lieu of the conceptual building elevations dated November 15, 2019.
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0008, COMPASS
CREEK — RESTAURANT WITH DRIVE-IN FACILITY — BUILDING J
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,
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 $upk, M63for
Town of Leesburg
ATTEST:
Clerk of Council
LF\LeesburgRMSTLown_Clerk'Resolutions\202010114 Shops at Compass Creek Special Exception TLSE-2019-0008, Restaurant
with Drive -In Facility Building 1