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Home My Public Portal About2006_01_24_r015 SE 2005-02 B&M Motor CarsTM Town of Leesburg, Virginia RESOLUTION NO.2006-15 A RESOLUTION: PRESENTED: January 24, 2006 ADOPTED: January 24, 2006 APPROVING SPECIAL EXCEPTION TLSE-2005-0002 B & M MOTORCARS 911 EDWARDS FERRY ROAD, N.E., TO PERMIT VEHICLE SALES/RENTAL IN THE B-3 ZONING DISTRICT WHEREAS, Vasily'Mulyar has requested a Special Exception to permit vehicle sales/rental; and WHEREAS, the property is located in the B-3 Community Retail/Commercial Zoning District; and WHEREAS, on October 6, 2005 the Planning Commission recommended conditional approval of the Special Exception; and WHEREAS, on November 8, 2005, the Town Council held a public hearing; and WHEREAS, the proposed use fails to comply with the Town Plan, and fails to provide the minimum number of required parking spaces, and WHEREAS, staff recommends denial, and WHEREAS, The Council has concluded that the approval of the application would be in the public interest and in accordance with sound zoning and planning principles. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Special Exception application TLSE-2005-0002, B & M Motorcars, 911 Edwards Ferry Road, N.E., identified in the Loudoun County Land Records as Parcel Identification Number 188-39-4817 is hereby approved with the following conditions: Substantial Conformance: 1. Development of this special exception use shall be in substantial conformance with the Special Exception Plat titled B & M Motorcars dated 10/01/04, revised through 01/22/06, -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2005-0002 B & M MOTORCARS 911 EDWARDS FERRY ROAD, N.E., TO PERMIT VEHICLE SALES/RENTAL IN THE B-3 ZONING DISTRICT prepared by Dickerson & Associates, PC. This plat includes Sheets 1 of 6 (Existing Conditions); Sheet 2 of 6 (Special Exception Plat); Sheet 3 of 6 (Landscape Plan); Sheet 4 of 6 (Building Elevations dated 12/16/05 revised 09/19/05); Sheet 5 of 6 (Building Elevation, Wall, and Sign dated 12/16/05 revised 09/19/05); and Sheet 6 of 6 (Lighting Photometrics revised dated. 1/22/06). No Expressed or Implied Waivers: 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 (DCSM) except as specifically approved by Town Council or as shown as approved by Town Council on the Special Exception Plat and supporting documents. Required Easements: o Prior to preliminary development plan approval B&M Motorcars will provide the Town with an easement to relocate the fire hydrant and stoplight standard at the comer of the subject property to an area that is in substantial conformance with Exhibit A attached to the Deed of Easement dated January 24, 2006, submitted by the applicant. Prior to preliminary development approval, applicant will provide a fully executed copy of an agreement with North Loudoun Property, LLC (Tractor Supply) which provides permanent access to and use of a semi-trailer loading space designed to accommodate an AASHTO WB-50 Design Vehicle. Such space to be located behind the Tractor Supply establishment as shown on Exhibit A attached to the agreement between Vasily Mulyar and North Loudoun Properties, LLC. o Prior to preliminary development approval, applicant will provide a fully executed copy of the Reciprocal Easement Agreement prepared by Samuel S. Pearlman, Esq. between Vasily Muylar and the TC-Glen Company dated January, 2006 for landscape and buffering improvements along the common boundary between the subject properties as depicted on the Special Exception Plat. Site Design: 6. The curb, where required to edge the display area, shall be a 4" Standard VDOT curb. The 5-foot wide concrete sidewalk connection from the existing edge of sidewalk along Edwards Ferry Road shall be constructed by the applicant if it is not constructed or bonded for construction as part of the adjacent Banyan Cove development. 8. The outdoor area devoted to storage, loading, parking, and display of goods shall be limited to that area so designated on an approved site plan. Such areas shall not be used -3- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2005-0002 B & M MOTORCARS 911 EDWARDS FERRY ROAD, N.E., TO PERMIT VEHICLE SALES/RENTAL IN THE B-3 ZONING DISTRICT for the storage or display of vehicles in inoperable condition as defined in Section 10-157 of the Town Code. No displayed vehicles shall overhang the paved storage area and extend into a landscape or sidewalk area. 9. All outdoor areas used for parking, storage, loading display and driveways shall be constructed and maintained with an all-weather dustless surface. 10. All lighting fixtures used to illuminate outdoor areas shall be designed and directed on- site to avoid glare in surrounding areas in accordance with Design and Construction Standards Manual Section 7-670. The facility shall be lit only during the hours that the facility is open for business, except for necessary security lighting. 11. Signs shall not be installed within the existing storm drainage easement or sanitary sewer easement, nor within the excavation envelope of the existing storm drainage or sanitary sewer pipes on the Edwards Ferry Road frontage. Buffers and Landscaping: 12. Trees and shrubs required will be placed along the frontage within the five-foot landscape area as required in the Leesburg Zoning Ordinance and indicated on the Special Exception Plat. The trees will be sized to prevent interference with overhead utility lines. Applicant will be responsible for replacing any trees that are lost or destroyed in the maintenance of the town's water system. 13. The buffer area to the West of the property approaching Edwards Ferry Road will be widened to 25 feet and the six-foot masonry wall will be removed where the buffer is 25 feet wide. 14. The S3 buffer on the west side shall be reduced by one-third to 16.67 feet as depicted on the Special Exception Plat. This buffer yard shall include a six-foot high brick wall as depicted on the Special Exception Plat. All canopy trees planted within this buffer yard shall have a minimum caliper of four inches at installation. All required landscape materials shall be accommodated within the buffer yard while maintaining the five-foot clear area on either side of the Dominion Virginia Power underground electric distribution line. 15. The S3 buffer on the south side of the property shall be reduced to a total width of 33.33 feet with 25.33 feet provided on the applicant's property, and the remaining eight feet being provided on the adjacent TC-Glen Company property as depicted on the Special Exception Plat and as described in the Reciprocal Easement Agreement between Vasily Mulyar and the TC-Glen Company. This buffer yard shall include a six-foot high wall as depicted on the Special Exception Plat. All required landscape materials shall be accommodated within the buffer yard while maintaining the five-foot clear area on either side of the Dominion Virginia Power underground electric distribution line. A RESOLUTION: -4- APPROVING SPECIAL EXCEPTION TLSE-2005-0002 B & M MOTORCARS 911 EDWARDS FERRY ROAD, N.E., TO PERMIT VEHICLE SALES/RENTAL IN THE B-3 ZONING DISTRICT 16. The applicant shall replace any trees or shrubs that do not survive, regardless of the cause. Miscellaneous Conditions: 17. No outdoor loudspeaker paging system5 shall be employed on the site. 18. Sales rooms, rental offices, or service facilities shall be located within an enclosed building. 19. Applicant will not do any retail auto repair or perform service on any vehicles other than those offered for sale. 20. Applicant will keep doors closed when any noise generating activity takes place within the bays that would leave the site at unacceptable levels. 21. There shall be no outdoor storage of any trash, rubbish or garbage on the site. 22. Retail sales shall be limited to vehicle sales only. No sales of motorcycles, mini-bikes, and automobile accessories, i.e. wheels, stereos, security systems, etc, shall be permitted. PASSED this 24th day of January 2006. Krist-'"~n C'. Urdstattd, Town of Leesburg ATTEST: of Council B & M Motorcars Approve 2