HomeMy Public PortalAbout2008_04_08_R054 Approving TLSE 2007-0006 Waterford at King Street
The Town of
Leesburg,
: lirginia
PRESENTED: April 8. 2008
RESOLUTION NO. 2008-54
ADOPTED: April 8. 2008
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007 -0006, W A TERFORD
AT KING STREET, TO PERMIT A PRIVATE PARKING STRUCTURE
IN THE B-1 COMMUNITY (DOWNTOWN) BUSINESS ZONING
DISTRICT.
WHEREAS, it is the intent and desire of Town Council to encourage the development of
structured parking facilities in the Town of Leesburg; and
WHEREAS, the proposed parking structure would support over 100,000 square feet of
general uses which reinforces the Downtown Land Use designation of the parcel under the 2005
Town Plan; and
WHEREAS, Waterford Leesburg II L.L.C. has requested special exception approval to
permit a private structured parking facility in the northeast quadrant of the intersection of South
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King Street and the Washington and Old Dominion Trail, zoned B-1, Community (Downtown)
Business District; and
WHEREAS, on March 6, 2008, the Planning Commission recommended approval of
TLSE-2007-0006 by a vote of 5-0-2; 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 that the Council of the Town of Leesburg in Virginia hereby
approves Special Exception TLSE-2007-0006, Waterford at King Street, identified in the
Loudoun County Land Records as Parcel Identification Numbers 231-28-2164, 231-28-1936,
231-28-1288, and 231-36-3678 subject to the following conditions:
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0006, WATERFORD
AT KING STREET, TO PERMIT A PRIV A TE PARKING STRUCTURE
IN THE B-1 ZONING DISTRICT.
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1. Substantial Conformance. This special exception shall be in substantial conformance
with the special exception plat entitled "Waterford at King Street Special Exception
(Structured Parking)", Sheets 1-11, dated March 1,2007 revised through 3/17/08 and
prepared by Bowman Consulting. The number of parking spaces may be increased if
changes to parking and travel lane requirements for parking structures are
subsequently adopted by the Town and the overall size and footprint of the proposed
parking structure is not increased.
2. No Waivers Expressed or Implied. Approval of this 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, except as may have been approved as
part of this application. Final plats, site plans, and construction drawings are subject
to applicable town regulations.
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3. North Boundary Buffer. The buffer width along the northern property boundary shall
be modified to 10 feet and 15 feet as demonstrated on Sheet 4 of the Special
Exception Plat. The appropriate vegetative screen in this buffer shall be determined
by the Land Development Official and the Board of Architectural Review at the time
of site plan approval for the parking structure in accordance with TLZO Sec. 12.8.5.A
Properties in the H-l Overlay District.
4. W&OD Trail Buffer Modification. The appropriate buffer adjacent to the W&OD
Trail shall be determined at the time of first site plan approval for a building adjacent
to the W&OD Trail in accordance with Zoning Ordinance Section 12.8.5.A Properties
in the H-l Overlay District. No modification is granted at this time.
5. Parking Structure shall not be Free-Standing. The site plan for this proposed parking
structure may be approved prior to the approval of the site plan for the adjacent
office/retail building(s) intended to screen the facility. However, the parking
structure will not receive final occupancy permit approval until the screening
buildings have received occupancy permits. A temporary occupancy permit may be
issued to permit construction vehicle parking, including the vehicles of construction
workers, in the parking structure so long as all other Town and Loudoun County
requirements and conditions for a temporary occupancy permit are met.
6. Bus Stop with possible Bus Shelter on South King Street. Applicant shall install a bus
stop on South King Street with, if conditions permit, a bus shelter. The actual
location and make up of the facility shall be determined at the time of first site plan
approval for a building adjacent to South King Street.
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0006, WATERFORD
AT KING STREET, TO PERMIT A PRIV ATE PARKING STRUCTURE
'- IN THE B-1 ZONING DISTRICT.
7. Church Street Improvements. The Applicant shall provide full frontage
improvements including right-of-way dedication, curb, gutter and sidewalk and an
appropriate turnaround at the end of Church Street along its frontage on Church
Street, S.E. at the time of site plan approval. Sidewalk width shall be in accordance
with the detail entitled "Prop. Street Tree Planting Detail" on Sheet 6. Design of the
sidewalk, location of the turnaround and right-of-way dedication along Church Street
may be modified as necessary to be consistent with Capital Improvements Project No.
07304 (Church Street Improvements) and the design of the future Chuck Jones Plaza.
8. South King Street Sidewalk. The sidewalk along the South King Street frontage shall
be constructed as shown on Sheet 4 and Sheet 7.
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9. South Street Extension. A private travelway shall be provided across the property to
connect from South King Street to Church Street as shown on Sheet 7. This
extension, including appropriate traffic control measures and improvements to South
King Street, shall be constructed in accordance with the regulations of the Town of
Leesburg at the time of first site plan approval for any building on the property. The
Applicant shall reserve for future dedication to the Town of Leesburg for public street
purposes an area of land on site along the northern property line as shown on Sheet 7.
This area shall be dedicated to the Town upon request in fee simple without
compensation, free and clear of all liens and encumbrances in a from approved by the
Town Attorney. This reservation shall be for a period of not more than twenty-one
(21) years from the date of approval of this application.
10. Use Limitation. The private parking structure shall be used solely for the parking of
vehicles in operating condition. No motor vehicle parking repair work except
emergency service shall be permitted in association with a parking facility.
11. RoofTop Lighting. Pole-mounted lights shall be prohibited on the top deck
of the parking structure. Lighting fixtures shall be reviewed by the Board of
Architectural Review in accordance with applicable Zoning Ordinance requirements.
12. Structure Facades. The structure shall be wrapped with retail, office or residential
uses along the ground floor frontage on King Street and adjacent to the W &OD Trail.
13. Green Building Elements. The Applicant will incorporate green building elements
into the by right building(s) including (a) Use brick that is manufactured within 500
miles; (b) Employ a LEED-certified architect; (c) Install an energy efficient heating
system; (d) Install Low-E glass windows; (e) Utilize fluorescent lighting; (f) Paint
with low- VOC paint; (g) Install low- VOC carpet; and (h) Install low-flow toilets.
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2007-0006, W ATERFORD
AT KING STREET, TO PERMIT A PRIVATE PARKING STRUCTURE
IN THE B-1 ZONING DISTRICT.
14. Entrance Ultimate Condition. The Applicant shall construct their entrance onto South
King Street as well as the travelway (from the entrance to a point where the garage
entrance would tie to the future South Street) to its ultimate condition (a pavement
design based upon CBR values and anticipated VPD as well as 24 feet of pavement
face of curb to face of curb assuming no on street parking) to minimize future
disruptions to South King Street should the Town construct South Street from this
point through to Church Street.
15. Joint Entrance. The Applicant shall coordinate with the Owner of PIN: 231-28-1494-
000 to obtain any required right of way and or easements required to construct ajoint
entrance .
16. Parking Rearrangement. The Applicant shall coordinate with the Owner of PIN: 231-
28-1494-000 to ensure parking on that lot is arranged to prohibit vehicles from
backing into the proposed travelway/future South Street as proposed in Condition 14.
17. Lost Parking Spaces. The Owner shall provide spaces for the Owner of PIN: 231-28-
1494-000 in the parking garage based on the actual number of existing spaces as
shown on the plan entitled "Plat of212 S. King Street" dated November '07 prepared
by Civiland, LLC which are lost due to right-of-way acquisition for the South Street
connector as proposed in Condition 14 by any party.
18. Parking Facility open to the Public. The garage shall be open 24 hours a day to the
public for access from South King Street to Church Street, S.E. and vice-versa.
PASSED this 8th day of April 2008.
ATTEST:
X]llU
Clerk of Council"