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HomeMy Public PortalAbout2010_04_13_R036 - TLSE 2009-0007 Village @Leesburg Theater 001The Toam of Leesburg, Virginia PRESENTED: April 13, 2010 RESOLUTION NO. 2010-036 ADOPTED: April 13, 2010 A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2009-0007, VILLAGE AT LEESBURG, THEATER, ON THE PROPERTY HAVING PIN NUMBER OF 149-28-0023, AND LOCATED NEAR THE INTERSECTION OF RUSSELL BRANCH PARKWAY AND VILLAGE MARKET BOULEVARD WHEREAS, Cazlyle/Cypress Leesburg I, LLC and Springfield East, LC have requested special exception approval to permit a 62,000 square foot theater, with a maximum of 1,900 total seats, including the option of 3,000 squaze feet of restaurant, on the property having a Loudoun County Pazcel Identification (PIN) number 149-28-0023, which is located neaz the intersection the intersection of Russell Branch Parkway and Village Market Boulevazd; and WHEREAS, the property is zoned B-4, Mixed Use Business District, and PRC, Planned Residential CommuniTy, and located within the H-2, Historic Corridor Architectural Control Overlay District; and WHEREAS, the Planning Commission held a Public Hearing on April 1, 2010; and WHEREAS, the Planning Comvnission recommended conditional approval, with amended conditions dated April 1, 2010; and WHEREAS, Staff recommends conditional approval subject to the conditions dated April 1, 2010; and WHEREAS, on April 13, 2010, the Applicant has requested and Staff has supported a change in the conditions of approval; and WHEREAS, Town Council has determined the proposed use meets the special exception standards for a theater set forth in the Zoning Ordinance; and -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2009-0007, VILLAGE AT LEESBURG, THEATER, ON THE PROPERTY HAVING PIN NUMBER OF 149-28-0023, AND LOCATED NEAR THE INTERSECTION OF RUSSELL BRANCH PARKWAY AND VILLAGE MARKET BOULEVARD. WHEREAS, Town Council has determined that the Approval Criteria of Zoning Ordinance Section 3.4.12 have been satisfied; and WHEREAS, Town Council has determined that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vrginia that the Special Exception application TLSE-2009-0007, Village a[ Leesburg, Theater, is hereby approved to permit a theater on the property having a Loudoun County Parcel Identification (PIN) number 149-28-0023, which is located near the intersection of Russell Branch Pazkway and Village Mazket Boulevazd, subject to [he following conditions: 1. Substantial Conformance: (Staudard Couditiou) Development of this special exception use shall be in substantial conformance with the Special Exception Plat for the Village at Leesburg, TLSE 2009-0007, Sheets 1-3 dated October 2009, last revised April 13, 2010, prepared by Urban Ltd., and as amended for certification. Building elevations shall be m substantial conformance with the schematic approved with the Concept Plan and Proffers for TLZM 2009-0008. 2. No Expressed or Implied Waivers: (Staudard Condition) Approval of the special exception does not express or imply any waiver or modification of [he requirements set forth in the Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Constmction 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. Final plats, site plans, and construction drawings aze subject [o applicable town regulations. 3. Density (Specific to this Application): The [heater use shall be limited [0 62,000 square fee[ and a maximum total of 1,900 seats. Accessory theater restaurant use is limited to a maximum of 6,000 square feet. 4. Location (Specific to this Application): The [heater use is limited [o the location identified on the Special Exception Plat. -3- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2009-0007, VILLAGE AT LEESBURG, THEATER, ON TI-IE PROPERTY HAVING PIN NUMBER OF 149-28-0023, AND LOCATED NEAR THE INTERSECTION OF RUSSELL BRANCH PARKWAY AND VILLAGE MARKET BOULEVARD. 5. Parking (Specific to this Application): Per the Shazed Pazking Mixed Use reduction as memorialized on Sheet 3D of the TLZM-2009-0008 Concept Plan and on Sheet 2C of the Special Exception Plat, as amended, any subsequent site plan must include the required number of pazking spaces and is limited to [he sequestered spaces identified on Sheet 3D and on Sheet 2C of the Special Exception Plat. 6. Parking Note: Prior to the certification of the Plat, the three asterisk note on Sheet 1 should be revised to eliminate verbiage after the words "concept development plan". 7. Parking Calculation: Prior to the certification of the Plat, the Paking Count Table on Sheet 2 should be revised to include a maximum of 6,000 square feet of associated theater restaurant use, and the calculation revised accordingly. PASSED this 13'^ day of Anri1, 2010. C stcn,C. i7mstattd, Mayo Town of Leesburg A~1 T/~ Clerk of Cou i P Vtesolmia~V2csoW6ons 2010\0413 TLSE 2009-000] Resalu0m-Rwised.dw