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Home My Public Portal About2002_03_12_O005 SE 2001-05 Jerry's ChevroletThe Town of Leesburg, rg ma RESOLUTION NO. A RESOLUTION: PRESENTED: March 12, 2002 2 002-0-5 ADOPTED: March 12, 2002 APPROVING SPECIAL EXCEPTION #SE 2001-05, JERRY'S CHEVROLET/OLDSMOBILE, TO PERMIT AN AUTO SALES/RENTAL/AND REPAIR FACILITY WHEREAS, Mr. Jerry C. Cohen has requested special exception approval to permit an auto sales/rental/and repair facility at 618 E. Market Street; and WHEREAS, the property is located in the B-2 (Established Corridor Commercial) District and in the H-2 (Historic Corridor Overlay) District; and WHEREAS, on February 7, 2002, the Planning Commission recommended conditional approval of this application; and WHEREAS, on February 26, 2002, the Town Council held a public heating; and WHEREAS, the proposed use meets the special exception standards for an auto sales/rental/and repair facility, as set forth in the Zoning Ordinance; and WHEREAS, staff recommends approval, with the conditions set forth below. THEREFORE RESOLVED by the Town Council of Leesburg, Virginia as follows: Special Exception application #SE 2001-05, Jerry's chevrolet/Oldsmobile, Mr. Jerry C. Cohen, 618 East Market Street, identified in the Loudoun County Land Records as Tax Map 48, Parcel 88, Deed Book 1619, pg. 246, is hereby approved subject to the following conditions: 1) 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 are subject to the applicable town regulations. -2- RESOLUTION: APPROVING SPECIAL EXCEPTION//SE 2001-05 JERRY'S CHEVROLET/OLDSMOBILE, 618 EAST MARKET STREET 2) Prior to the approval of any final development plan, the applicant shall provide all necessary measures to insure that the limit and depth of overland relief on adjacent properties are not increased above those shown on the existing conditions plan as submitted to the town on November 13, 2001. Such necessary measures may include but are not limited to on-site storm water management for the 100 year storm, or provision of an on-site outlet path for the culvert headwater, or reduction of building and/or parking area necessary to accommodate storm water management overland relief measures. 3) Prior to approval of any final development plan, the applicant shall provide a hydraulic grade line analysis of the existing storm drainage pipe to its outfall (the town will make available any existing information). The purpose of the analysis is to assist the town's analysis of possible off-site overland relief measures to be implemented by the town. 4) The applicant agrees to utilize, in lieu of a separate entrance onto East Market Street, the shared entrance as shown on the special exception plan dated December 17, 2001. 5) There shall be no tractor-trailer access through this site to the adjacent auto dealership property. All ingress of tractor-trailers to the adjacent auto dealership shall be from Fort Evans Road only. There shall be no tractor-trailer ingress from Market Street. 6) Upon the applicant's option, the off-site loading space may be relocated on-site at development plan stage. Relocation is subject to approval by the town. The loading space shall conform to the Zoning Ordinance for this special exception use (tractor-trailer or WB-50). 7) Access of all tractor-trailer vehicles to the special exception site shall be only from Fort Evans Road with only right tum exit at Market Street. There shall be no tractor-trailer ingress from Market Street. 8) The applicant shall install as part of the required development plan, a traffic directional island at the Market Street entrance to the site. The purpose of this island shall be to direct exiting traffic to make right tums only. The shape, size, and construction of the island (raised or painted) shall be determined at the development plan stage and is subject to approval by the town. 9) As a condition of development plan approval, the applicant is to provide evidence to the Zoning Administrator that an'off-site easement to accommodate the loading area shown on the SE plan dated December 17, 2001, has been obtained. 10) All landscaping shall be provided on-site by the applicant and maintained as shown on the special exception plan dated December 17, 2001, and approved by the Zoning Administrator, prior t° the Town's issuance of an occupancy permit, subject to Board of Architectural approval and the discretion of the Land Development Official; with the exception of the landscaping to the east of both the proposed 1 and 2-story buildings. This landscaping is to be provided (and maintained) prior to the issuance of an occupancy permit, onCe the Zoning Administrator has received evidence that the adjacent property owner who shares the private ingress/egress easement has no objections to the location of these plantings. -3- RESOLUTION: APPROVING SPECIAL EXCEPTION #SE 2001-05 JERRY'S CHEVROLET/OLDSMOBILE, 618 EAST MARKET STREET 11) All structures to be built on-site, including the buildings, retaining wall, trash enclosure, style of lighting fixtures, signage, and fencing as well as landscaping is to be approved by the Board of Architectural Review prior to development plan approval. 12) All lighting is to be in accordance with the lighting plan dated November 20, 2001. 13) All lighting, with the exclusion of that labeled "security lighting" is to be tumed off at the close of business, each business day. 14) A "No Left Turn" sign is to be provided and maintained at the East Market Street entrance/exit, directing those exiting the property to make right tums only onto East Market Street prior to the issuance of an occupancy permit~ 15) The hours of operation shall be Monday through Saturday, 7 a.m. to 9 p.m. and Sunday 12 p.m. to 6 p.m. 16) A fence shall be placed approximately 25 feet in from the western property line, beginning at the rear property line, and mn on top of the retaining wall, for the length of the retaining wall, for approximately 150 feet (until the retaining wall begins to run parallel to the rear property line). At this point, the fence is to run parallel to the rear property line for approximately 25 feet to the western property line. The height and style of the fence should be determined and approved by the Board of Architectural Review. 17) All outdoor areas used for parking, storage, loading, display, and driveways shall be constructed and maintained with an all-weather dustless surface. 18) There shall be no outdoor storage of abandoned, wrecked, or inoperable vehicles on this site. Any wrecked, abandoned, or inoperable vehicles 'shall be stored in the proposed 1- story service building. 19) The development of the site shall not cause the adjoining lot, presently occupied by CVS, to not be in compliance with any town imposed conditions for the development of the CVS lot. PASSED this 12th day of March. 2002 Mayor Town of Leesburg ATTEST: l~rk of Council SE# 20014)5 Jerry's Chevrolet-Olds