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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 "'"- 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: -2- 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. '"-- 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. '"- 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. .~. -3- 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. '"-- 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. '-- -4- 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"