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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; -2- 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. o o 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 -3- 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. 16. 17. 18. 19. 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 -4- 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