HomeMy Public PortalAbout1999_06_08_O014 SE 99-01 Meadow Glen The Town of
Leesburg,
-Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED June 8, 1999
99-0-14 ADOPTED June 8, 1999
APPROVING SPECIAL EXCEPTION APPLICATION #SE-99-01 MEADOW
GLEN OF LEESBURG BY RICHARD MCCLELLAN
and
WHEREAS, the property is located in the R-4, Single Family Residential Zoning District; and
WHEREAS, an assisted living residence is a special exception use in the R-4 zoning district; and
WHEREAS, on April 15, 1999, the Planning Commission recommended conditional
approval of this application; and
WHEREAS, on May 11, 1999, the Town Council held a public hearing; and
WHEREAS, the proposed use meets the general review criteria as set forth in the Zoning
Ordinance; and
THEREFORE ORDAINED by the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application #SE-99-01 Meadow Glen of Leesburg by Richard
McClellan identified in the Loudoun County land records as Tax Map 48-52 as shown on the Special
Exception Plan prepared by Huntley, Nyce & Associates, Ltd. dated February 11, 1999 and last revised
on April 30, 1999 is hereby approved subject to the following conditions:
1. Development of the site is in substantial conformity with the Concept/Special ExceptiOn Plat,
prepared by Huntley, Nyce & Associates, Ltd, dated February 11, 1999, February 19, 1999 or a later
version as may be approved by Town Council.
2. The applicant shall comply with all state requirements for licensed facilities that care for adult care
residents.
3. All lighting fixtures used to illuminate outdoor areas shall be designed to avoid glare to the
surrounding areas. A lighting plan shall be submitted, reviewed and approved at submittal of the
development plan to verify that all lighting fixtures are directed onto the site, and do not impact
adjacent properties or roadways. Unless the source of lighting is totally screened from off site view,
WHEREAS, Richard McClellan has requested special exception approval for an assisted living
residence located on the west side of Dry Mill Road, approximately 300 feet north of Catoctin Circle;
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SPECIAL EXCEPTION APPLICATION #SE-99-01 MEADOW GLEN OF LEESBURG BY RICHARD
MCCLELLAN
all lighting shall be "downlighting" and not exceed 8' in height and be located not closer than 25'
from any property line.
For commercial properties, garbage and refuse is collected by the Town on Tuesday, Thursday and
Saturday. For purposes of this application, garbage and refuse pickup shall be restricted between the
hours of 8:00 a.m. and 6:00 p.m. Monday through Friday.
No provisions for overnight guests shall be provided for in the facility. In the event that more than
one person occupies a unit, both of those occupants must qualify as residents for the facility.
At development plan stage, show access via fire lanes, in the form of geoblock pavers or other
material as approved, around the entire building or to two sides of the building, as approved by
Loudoun County Fire Protection Inspector.
7. The parking spaces located in the front of the facility shall be limited to visitor parking only.
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10.
11.
12.
13.
The enbankment of the stormwater management pond shall be relocated outside of the required
buffer because no landscape screening materials will be permitted on the enbankment of the
stormwater management pond.
The Applicant agrees that 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, and that final plats,
development plans, and construction drawings for development on "the Property" are subject to the
applicable Town regulations. "The Property" shall mean the 3.37 acre parcel shown on the plan
entitled "Meadow Glen, Town of Leesburg, Loudoun County, Va., Special Exception Plat", dated
February 11, 1999, prepared by Huntley, Nyce & Associates Inc. ("Special Exception Plan").
The installation of the site development improvements (shown in some detail on the Special
Exception Plan) will require significant grading which will require removal of trees. The Applicant
agrees that any impact on the site development improvements due to required grading shall not be
reason to alter the "Special Exception Plan" without the prior approval of the Town.
The Special Exception Plan indicates site development improvements in some detail. The Applicant
agrees that the Special Exception process is not the appropriate process for approval of these detailed
site development improvements, and all such site development improvements are subject to Town
approval through the appropriate method of processing.
The Applicant agrees to construct, at no cost to the Town, or provide a cash contribution in the
amount of the cost of construction of, all entrances to Dry Mill Road and Dry Mill Road
improvements consistent with the Subdivision and Land Development Regulations (one-half the
ultimate road section curb and gutter, storm drainage, and sidewalk) along the entire frontage of the
Property", in accordance with Town and VDOT standards and requirements. A cash payment must
be made in a form approved by the Town Attorney and made prior to approval of the first
development plan on "the Property"
The Applicant agrees that all Dry Mill Road entrance configurations and Dry Mill Road public road
improvements will be approved and bonded in accordance with Town requirements prior to the
approval of the first development plan on "the Property". There is insufficient information shown on
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SPECIAL EXCEPTION APPLICATION #SE-99-01 MEADOW GLEN OF LEESBURG BY RICHARD
MCCLELLAN
the Special Exception Plat to verify that the entrances as shown are acceptable and such entrances are
therefore not hereby approved as part of this special exception.
14. The Applicant agrees that all Dry Mill Road entrance configurations will be consistent with the
Traffic Study submitted in support of the Special Exception application.
15.
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20.
21.
The Applicant agrees that the development on the "Property" will meet stormwater management
responsibilities in accordance with Town requirements or have an adequate channel. This is subject
to verification at development plan submission. The Applicant agrees that any impact on the site
development improvements due to the required adequate channel or the required stormwater
management shall not be reason to alter the "Special Exception Plan" without the prior approval of
the Town.
22.
The Applicant agrees that truck access to the loading space at the west side of the site without
encroachment on to adjacent parking spaces may require modification at the Final Development
Plan in order to accomplish the zoning ordinance provision for safe and convenient onsite traffic
circulation. This is subject to verification at development plan submission. The Applicant agrees
that any impact on the site development improvements due to the required safe and convenient onsite
traffic circulation shall not he reason to alter the "Special Exception Plan" without the prior approval
of the Town.
Remove the "Proposed Dry Mill Road Improvements" detail and the word future ("Fut.") from the
special exception plan, as the frontage improvements are required by the Subdivision and Land
Development Regulations. The extent of the improvements and the right-of-way required (70' wide
or less) will be determined and reviewed at development stage.
The Applicant agrees that the Special Exception Plan shall indicate that all proposed frontage
improvements must be coordinated, at Development Plan stage, with the Town capital improvement
project for Dry Mill Road.
The Applicant agrees that the entrance onto Dry Mill Road must be a standard VDOT commercial
entrance (minimum 30 feet wide at the right-of-way line).
The Special Exception Plan indicates a storm water management pond which will require
concentrated discharge in the lands of Northern Virginia Regional Park Authority (NVRPA). The
Applicant agrees that prior to approval of the Final Development Plan for the Special Exception use
the appropriate legal agreements and easements must be executed and recorded; or if these legal
agreements and easements have not been recorded the Final Development Plan for the Special
Exception use will not be approved by the Town.
The Applicant agrees to provide an adequate channel for the design discharge of the storm water
management pond. This adequate channel for the design discharge of the pond is subject to approval
by the Town at development plan submission. The Applicant further agrees that any impact on the
size and location of the stormwater management pond due to adequate channel design shall not be
reason to alter the "Special Exception Plan" without the prior approval of the Town.
The installation of the storm water management pond (shown on the special exception plan) will
require significant grading which will require removal of trees. The Applicant agrees that any impact
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SPECIAL EXCEPTION APPLICATION #SE-99-01 MEADOW GLEN OF LEESBURG BY RICHARD
MCCLELLAN
on the site development improvements due to the required storm water management shall not be
reason to alter the "Special Exception Plan" without prior approval of the Town.
23.
The property shall be used as an assisted living residence and cannot be converted to any other use
without the prior approval of the Town of Leesburg. The property shall not be used as a drug
treatment facility or drug rehabilitation facility.
24. Revise the special exception plan to show proposed tree save areas and replanting areas for trees
relocated from other portions of the site.
25.
At the development plan stage, provide a separate sheet that specifically outlines the tree save and
replanting areas and includes narratives and details outlining tree preservation measures, provided by
a certified tree care company.
26.
Along the 50' wide parking lot frontage in the front of the assisted living residence, provide
evergreen shrubs with an installation height of not less than 3' and spaced not less than 3' on center,
in a manner which provides a dense screen at the time of planting.
27.
The landscaping requirements for this special exception, as shown on the special exception plan are
as follows: 5' buffer S 1 screen along the north property line, 25' buffer S3 screen along both the west
and east property lines, and 10' perimeter parking lot landscaping along the south property line.
Along the 50' wide parking lot frontage in the front of the assisted living residence, provide
evergreen shrubs with an installation height of not less than 3' and spaced not less than 3' on center,
in a manner which provides a dense screen at the time of planting.
SECTION II. Approval of the special exception concept plan 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 shall be in effect upon its passage.
PASSED this 8t~ day of June , 1999
Jaoa~s E. Clem, Mayor
Town of Leesburg
Clerk of Council
O:SE9901