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HomeMy Public PortalAbout1997_06_10_O019The Town of Leesburg, Virginia ORDINANCE NO. 97-0-19 AN ORDINANCE: PRESENTED June 10, 1997 ADOPTED Junel0, 1997 APPROVING SPECIAL EXCEPTION #SE-97-03 FOR AN INDOOR VEHICLE AUCTION WHEREAS, on June 7, 1996, i Malekzadeh requested special exception approval to operate an automobile sales and service facility in the B-2, Established Corridor Commercial zoning district, at 18 Fort Evans Road N.E.; and WHEREAS, on September 19, 1996, the Planning Commission recommended to Council conditional approval of special exception application #SE-97-06 to operate a vehicle sales and service in the B-2 zoning district; and WHEREAS, on November 12, 1996, Ordinance #96-0-31 approving the special exception for vehicle sales was approved by Council; and WHEREAS, on March 11, 1997, via Resolution 97-65, the Town Council initiated zoning ordinance text amendments to permit indoor public vehicle auctions in the B-2 zoning district; and WHEREAS, on April 17, 1997 the Planning Commission held a public hearing on the proposed text amendment to permit indoor vehicle auctions as a Special Exception; and WHEREAS, on April 30, 1997, application for a special exception for indoor vehicle auction was filed and accepted by staff on May l, 1997; and WHEREAS, on May 1, 1997, the Planning Commission recommended approval of the zoning text amendment to permit indoor auto auctions as a Special Exception; and WHEREAS, on May 15, 1997, the Planning Commission recommended approval of the Zoning Ordinance Amendment and conditional approval of the Special Exception for indoor vehicle auction; and WHEREAS, on May 27, 1997, the Town Council held a public hearing on both the Zoning Ordinance Amendment and Special Exception for indoor vehicle auction. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: -2- ORDINANCE: APPROVING SE#97-03 SECTION I. Special Exception application #SE97-03 to permit an indoor vehicle auction by M&M Holding Company at 18 Fort Evans Road, NE, Tax Map 48, Parcel 88A in the land records of Loudoun County, VA, is hereby approved subject to the following conditions: 1. Subject site shah remain not less than is 3-acres in size and maintain the greater of (a) a minimum of 210 clearly marked parking spaces in accordance with the dimensional and pavement marking standards of the Town and (b) not less than 150% of the parking spaces required for vehicle sales and service facility. The number of designated spaces on-site shall not be reduced for any reason. 2. No outside loudspeakers are permitted 3. The hours of operation shall be limited to the following: One Week Night from Monday through Friday, inclusive: 7pm to 9 pm Saturday and Sunday: 12 noon to 2pm 4. This "indoor vehicle auction" shall be operated only as an ancillary use to the primary use vehicle sa]es and/or rental facilities located on the same site 5. This "indoor vehicle auction" shall be held within a completely enclosed building. The building shall be adequately constructed to attenuate noise so that there is :no perceptible increase in noise emanating from inside the building over and above noise levels generated by non-auction related vehicle sales activities. All overhead doors facing residentially-zoned properties shall remain closed during the period of the auction. 6. The indoor vehicle auction shah not cause, directly or indirectly, any' blockages to contiguous public streets or nearby private access drives. -3- ORDINANCE: APPROVING #SE-97-03 7. All vehicles associated with the indoor vehicle auction, including those of customers, employees, and vehicles for auction, shall be parked on-site in designated parking areas only. 8. All conditions set forth in Special Exception #SE 96-07 to operate a vehicle sales and service facility approved November 12, 1996, are met and maintained. SECTION II. Approval of this Special Exception does not authorize modifications to any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance unless specifically set forth in this ordinance. SECTION III. This ordinance shah be in effect upon its passage. PASSED this 10th day of June, 1997 Clerk of Council /lames E. Clem, Mayor Town of Leesburg