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HomeMy Public PortalAbout2002_06_25_r108The Town of Leesburg, irglnla PRESENTED: June 25, 2002 RESOLUTION NOg 0 0 2 - 1 0 8 ADOPTED: June 25, 2002 A RESOLUTION: APPROVING SPECIAL EXCEPTION #SE 2001-10, LOT 4, CARDINAL INDUSTRIAL PARK, TO PERMIT AN AUTO BODY/VEHICLE SERVICE SHOP WHEREAS, Mr. John Dunzweiler has requested special exception approval to permit a auto body/vehicle service shop On Lot 4, Cardinal Park Drive; and WHEREAS, the property is located in the B-3 (Community Retail/Commercial) District and in the H-2 (Historic Corridor Overlay) District; and WHEREAS, on May 2, 2002, the Planning Commission recommended conditional approval of this application; and WHEREAS, on June 11, 2002, the Town Council held a public hearing; and WHEREAS, the proposed use meets the special exception standards for a vehicle and equipment service 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 2001-10, Lot 4, Cardinal Industrial Park, Mr. John Dunzweiler, Lot 4, Cardinal Park Drive, identified in the Loudoun County Land Records with Tax Map Identification Number 189-29-1989-000, 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, -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION #SE 2001-10, LOT 4, CARDINAL INDUSTRIAL PARK development plans, and construction drawings are subject to the applicable town regulations. 2. The Applicant shall submit a development plan and provide full road frontage improvements, including a sidewalk, along the Cardinal Park Drive frontage of Lot 4. 3. The Applicant shall submit a development plan and provide 5 feet of right-of-way dedication along the Trailview Drive frontage of Lot 4. 4. The Applicant shall incorporate necessary measures, including modification of the plan, into the final development plan to insure that the developer's storm water management obligation is satisfied. 5. The Applicant shall coordinate water service connection with the Cardinal Park Sanitary Sewer project prior to final paving. 6. The Applicant shall coordinate sanitary sewer connection with the Cardinal Park Sanitary Sewer project to be installed at the same time as the proposed eight-inch sanitary sewer main. 7. The Applicant shall agree that as such time when Cardinal Park Drive access to Route 7 (East Market Street) is closed, and alternative access is provided via Battlefield Parkway, the applicant will interpose no objection thereto. 8. No more than four abandoned, wrecked or inoperable vehicles shall be stored on the site for more than one week. There shall be no wrecking, or sale of said vehicles or part(s) thereof. Storage of these vehicles shall be limited to those spaces designated on the approved special exception plan. 9. All parking and storage areas are to be constructed and maintained with an all-weather dustless surface. 10. All structures to be built on-site, including the building, retaining walls, trash enclosure, style of lighting fixtures, signage, and fencing is to be approved by the Board of Architectural Review prior to development plan approval. 11. All lighting is to be in accordance with the lighting plan dated October 24, 2001 and revised through January 17, 2002. 12. A landscape plan prepared and submitted by a Virginia certified landscape architect, shall be reviewed and approved by the Town's Urban Forester prior to development plan approval. 13. The hours of operation shall be from 6:30 a.m. to 9:00 p.m., daily. 14. There shall be no loudspeakers used at this site. All activities that generate noise shall be contained within the building. 15. The activities conducted on-site as required by this use during operating hours shall not create a noise level to exceed an average 65 dBA as measured at any point on the applicant's northeastern property line. This is to be in effect for the duration of the Chesterbrook Academy's existence at 6 Cardinal Park Drive and for any immediate succession of child care centers at 6 Cardinal Park Drive. Once there is an interruption in this succession by a use other than a child care center, than this condition shall no longer be required. These sound measurements shall be conducted and certified by an acoustical engineer acceptable to the Town and licensed in the Commonwealth of Virginia. These measurements will be taken at the applicant's expense on a complaint basis. If, as a -3- A RESOLUTION: APPROVING SPECIAL EXCEPTION #SE 2001-10, LOT 4, CARDINAL INDUSTRIAL PARK result of any required sound study, the average decibel level is determined to be greater than 65 decibels, than the applicant shall stop the activity creating an average dBA of greater than 65 until such time that the above mentioned acoustical engineer shall verify that the average dBA does not exceed 65, during operating hours. 16. Any painting that will be performed on-site shall be done inside the building in the areas indicated on the proposed floor plan dated February 15, 2002. 17. This special exception shall be in substantial conformance with the special exception plan dated October 15, 2001 and revised through April 29, 2002. PASSED this 25th day of June, 2002 B. J. ~ebb, Mayor Town of Leesburg ATTEST: Clerk of Council