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Home My Public Portal About2008_01_08_r002 TLSE 2007-0008 Leesburg Auto Park The Town of Leesburg, Virginia PRESENTED: Januarv 8. 2008 RESOLUTION NO. 2008-2 ADOPTED: January 8. 2008 ARESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0008, LEESBURG AUTO PARK, AMENDING SE#90-08 TO PERMIT A VEHICLE SALES AND/OR RENTAL FACILITY AT EAST MARKET STREET NEAR KEYSTONE DRIVE, SE WHEREAS, Landmark Realty Corporation has requested special exception approval to amend special exception Se#90-08 to permit a change in the layout of the proposed vehicle sales and/or rental facility at East market Street at Keystone Drive, SE; and WHEREAS, the Zoning Administrator determined that the revised site layout is not in substantial conformance with the approved site layout and therefore the special exception must be amended; and WHEREAS, the property is located in the B-3 Community Retail/Commercial Zoning District; and WHEREAS, on December 6, 2007, the Planning Commission recommended conditional approval of this application; and WHEREAS, on January 8, 2008 the Town Council held a public hearing; and WHEREAS, the proposed use meets the special exception standards for a vehicle sales and/or rental facility as set forth in the Zoning Ordinance; and WHEREAS, staff recommends approval, with the conditions set forth below. THEREFORE, RESOL VED by the Council of the Town of Leesburg in Virginia hereby approves Special Exception application TLSE- 2007-0008, Leesburg Auto Park, East market -2- ARESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0008, LEES BURG AUTO PARK, AMENDING SE#90-08 TO PERMIT A VEHICLE SALES AND/OR RENT AL F ACILITY AT EAST MARKET STREET NEAR KEYSTONE DRIVE, SE Street, SE, identified in the Loudoun County Land Records as Parcel Identification Number 149- 46-0836, subject to the following conditions: Substantial Conformance: 1. Development of this special exception use shall be in substantial conformance with the Special Exception Plat titled "Special Exception TLSE-2007-0008 & TLSE-2006-00I1 for Leesburg Auto Park" dated 9/18/06, revised through 10/26/07, prepared by Dewberry & Davis LLC. This plat includes Sheets 1 of 8 (Cover Sheet); Sheet 2 of 8 (Existing Conditions Plat); Sheet 3 of 8 (Special Exception Plat); Sheet 4 of 8 (Special Exception Enlargement); Sheet 5 of 8 (Landscape Plan); Sheet 6 of 8 (Lighting Plan); Sheet 7 of 8 (Preliminary Utility and Site Grading Plan); Sheet 8 of 8 (Details and Sections); Sheet A.2-I01 (Buil ding 2 First Floor Plan); Sheet A.3-I01 (Building 3 First Floor Plan) Sheet A.3-I02 (Building 3 Second Floor Plan); and Sheet A.4-I01 (Building 4 First Floor Plan). No Expressed or Implied Waivers: 2. 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. Sales and Repair Indoors Only 3. Sales rooms, rental offices or service facilities shall be located within an enclosed building. No Outdoor Storage oflnoperable Vehicles 4. Outdoor storage, loading, parking and display areas shall not be used for the storage or display of vehicles in inoperable condition as defined in Section 10-157 of the Town Code. All Parking Areas Sh all be Paved 5. All parking areas shall be constructed and maintained with an all-weather dustiess surface. -3- ARESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0008, LEESBURG AUTO PARK, AMENDING SE#90-08 TO PERMIT A VEHICLE SALES AND/OR RENT AL F ACILITY AT EAST MARKET STREET NEAR KEYSTONE DRIVE, SE Outdoor Lighting 6. Alllighting fixtures used to illuminate outdoor areas shall be designed to avoid glare in surrounding areas. The facility shall be lit only during the hours that the facility is open for business, except for necessary security lighting. Street Trees 7. All required street trees shall be installed along RusseIl Branch Parkway and Keystone Drive in accordance with Zoning Ordinance Section 12.4.3. and as expressed in the urban Forester's memorandum dated November 7, 2007. Wastewater Treatment Plant Screen 8. Upon the determination by V A Department of Environmental Quality of an appropriate modification to the original double row of evergreen trees screen. A buffer screen shall be provided along RusseIl Branch Parkway. This buffer shall be installed at the direction of the Urban Forester. Transportation 9. The applicant shall for all site plans associated with this application, meet the requirements of the DCSM and the Virginia Stormwater Management Handbook, whichever is more restrictive, in effect at the time of acceptance of the site plans. 10. The Keystone Drive / Route 7 intersection shall be designed and constructed to function as a full service intersection with turn lanes and a traffic signal in accordance with the original proffers unless the applicant or the Town is able to obtain written correspondence from VDOT stating that the existing median break on Route 7 at this location is to be permanently closed and that the intersection for Keystone Drive at Route 7 be designed and constructed as a "right-in / right-out" intersection (with acceleration and deceleration lanes but without a traffic signai). 11. If VDOT issues a letter stating that the Keystone Drive / Route 7 intersection must be modified as noted in condition 10 above, the applicant shall provide a revised traffic analysis that proves the Auto Park will function at the required level of service with its only access being a Right-in Right-out at the Keystone Drive / Route 7 intersection. If the traffic analysis requires a connection of Russell Branch Parkway to Battlefield Parkway to achieve acceptable levels of service, then the applicant shall be required to (prior to occupancy of the first building constructed on this site) design, obtain Town -4- ARESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0008, LEESBURG AUTO PARK, AMENDING SE#90-08 TO PERMIT A VEHICLE SALES AND/OR RENT AL F ACILITY AT EAST MARKET STREET NEAR KEYSTONE DRIVE, SE approval of, bond and construct to substantial completion, the Russell Branch Parkway interim "at-grade" Tee Intersection with Battlefield Parkway in accordance with the following: · The design shall conform to the Town's final alignment for Battlefield Parkway per Dewberry's most recent drawings associated with the Town's design build project between Kincaid Boulevard and Route 7. · The design and construction shall include turn lanes as required for the "Tee" intersection including u-turn movements. · The applicant shall be responsible for any additional engineering costs associated with the interim "at-grade" intersection as noted above; if the additional engineering casts have been reimbursed by the owners of the Parkway Office Center development, this applicant shall be exempt from paying this additional cast. · The applicant shall be responsible for obtaining or for reimbursing the Town of Leesburg for any additional right of way or easements which may be required for this interim "at-grade" intersection; if these additional rights of way or easements have been obtained by or casts reimbursed by the owners of the Parkway Office Center development, this applicant shall be exempt from these acquisitions and or their associated casts. · The applicant shall construct or provide re-imbursement to the Town of Leesburg (if constructed by VDOT or the Town of Leesburg) for modifications to the Town's Battlefield Parkway plans to include but not be limited to the required median break, traffic devices (including complete signs and traffic signais), turn lanes, utility relocations, storm sewer, SWM, BMP, offsite grading, etc. to ensure alllegs of this at-grade "Tee" intersection will function properly; if this specific construction has been completed by or casts reimbursed by the owners of the Parkway Office Center development, this applicant shall be exempt from these specific improvements and or their associated casts. 12. The "Town Plan" requires an ultimate grade separated crossing of Russell Branch Parkway and Battlefield Parkway. Therefore, unless a town plan amendment is approved to remove the ultimate flyover condition for these two roads, the applicant shall (prior to the approval of the first Site Plan associated with this development) provide engineered drawings to the extent required to evaluate the impact to off-site properties in the immediate vicinity of the flyover and to develop plats with applicable deeds that addresses both the interim and ultimate condition of this area. Specifically, the applicant shall provide the required "on-site" right of way, reservations and related easements (temporary and permanent) to ensure both conditions can be constructed without excessive impact or cost to both the Town and the applicant (including disruption of future tenants). -5- ARESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0008, LEESBURG AUTO PARK, AMENDING SE#90-08 TO PERMIT A VEHICLE SALES AND/OR RENT AL F ACILITY AT EAST MARKET STREET NEAR KEYSTONE DRIVE, SE 13. The applicant shall request DCSM modifications at time of final site plans to address the median break separations for Russell Branch Parkway as shown on this application. 14. The applicant shall ensure that the Town's access to the Maintenance facilities and sanitary sewer treatment plant is uninterrupted and provided at all times. The applicant shall ensure that adequate permanent access is provided to these facilities (to the satisfaction of the Town) once all improvements have been constructed by the applicant for Russell Branch Parkway and Keystone Drive. 15. The applicant shall upon request of the Town provide the requested right of way and easements required for VDOT's design build contractor to construct the portion of Battlefield Parkway along the applicant's frontage. Separate Approval for Private Parking Structure 17. This special exception request does not authorize the private parking structure identified as Building 1 which must be approved separately. P ASSED this 8th day of January 2008. f-~ ~ (\ tw . /I r . U stattd, Mayor \. Town of Leesburg ATTEST: Resolutions 08: Leesburg Auto Park Site