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HomeMy Public PortalAbout2010_04_13_R037 - TLSE 2008-0014 McDonaldsThe Town of Leesburg, Virginia PRESENTED: Apri] 13, 2010 RESOLUTION NO.: 2010-037 ADOPTED: Aori] 13, 2010 A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2008-0014, MCDONALD'S, LLC, RESTAURANT DRIVE-THOUGH FACILITY, LOCATED AT 335 EAST MARKET STREET WHEREAS, MCDONALD'S, LLC, has requested special exception approval to permit a restaurant drive-through faciliTy to be located at 335 East market Street; and WHEREAS, the property is located in the B-2 -Established Corridor Commercial Zoning District; and WHEREAS, the Planning Commission held a Public Hearing on April 1, 2010; and WHEREAS, the Planning Commission recommended approval; and WHEREAS, staff recommends approval subject to the conditions contained in this resolution; and WHEREAS, Town Council has detemrined the proposed use meets the special exception standards for adrive-through faciliTy as set forth in the Zoning Ordinance; and 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 welfaze and good zoning practice. WHEREAS, Town Council has determined that [he following modifications of the Zoning Ordinance shall be granted: 1. Modification of Town of Leesburg Zoning Ordinance (TLZO) Section 12.8.3, Screenine and Buffer Yazd Matrix requiring a buffer yazd along east property line, -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2005-0014, MCDONALD'S, LLC, RESTAURANT DRIVE-THOUGH FACILITY, LOCATED AT 335 EAST MARKET STREET from the required 10 (ten) feet with an S2 screen, to a proposed 1 (one) to 6 (six) foot wide buffer with no S2 screen. 2. Modification of Town of Leesburg Zoning Ordinance (TLZO) Section 12.8.3, Screening and Buffer Yard Matrix requiring a buffer yard along the west property line, from the required 10 (ten) feet with an S2 screen, to a proposed 2 (two) foot wide buffer, plus the existing 5 (five) foot wide buffer on the adjacent pazcel, with limited S2 screen. 3. Modification of Town of Leesburg Zoning Ordinance (TLZO) Section 12.8.3, Screening and Buffer Yard Matrix requiring a buffer yazd along south property line, from the required 10 (ten) feet with an S2 screen, to a proposed 8 (eight) foot wide buffer with decorative retaining wall and 6 (six) foot high opaque screen wall on top of the retaining wall, with limited S2 screen. 4. Modification of Town of Leesburg Zoning Ordinance (TLZO) Section 11.3, Number of Parking Spaces Required, to allow a minimum of 37 parking spaces instead of the required minimum of 40 parking spaces. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Special Exception application TLSE-2008-0014, McDonald's, LLC, is hereby approved to permit a restaurant drive-through facility located at 335 East Market Street, and as further identified in the Loudoun County Land Records as Parcel Identification Number (PIN) 231-20- 3436, subject [o the following conditions: 1. Substantial Conformance Development of this special exception use shall be in substantial conformance with [he special exception plat entitled "McDonald's Special Exception Plat TLSE-2008- 0014" submitted with the special exception application and stamped April 7, 2010. This plat consists of two sheets, numbered SE-1 (Special Exception Plat), and SE-2 (Special Exception Details) prepazed by McIlvried, DiDiano & Mox, LLC. 2. No Waivers Expressed or Implied Approval of the special exception does not express or imply any waiver or modification of the requirements se[ forth in the Subdivision and Land Development regulations, the Zoning Ordinance, or the Design and Construction Standards Manual -3- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2008-0014, MCDONALD'S, LLC, RESTAURANT DRIVE-THOUGH FACILITY, LOCATED AT 335 EAST MARKET STREET (DCSM) except as specifically approved by Town Council on the special exception submission materials and supporting documents. Final plats, site plans, and constmction dmwings aze subject to applicable town regulations. 3. Delivery Times Limited Restaurant deliveries skull be limited to hours between 10:00 PM to 6:00 AM. Only the restaurant's bread vendor may make deliveries to the site outside these established delivery times. 4. Elevations Elevations shall be in substantial conformance with the schematic elevations entitled "Exterior Elevations, McDonald's, 335 East Market Street, Leesburg, Virginia" prepazed by Alan Hamm Arelil[ects, stamped "received" April 7, 2010, with Sheet PD2.0 depicting "Front" and "Non-Drive-Through" elevations; Sheet PD2.1 depicting "Reaz" and "Drive-Through" elevatiots, and with perspective drawings entitled "Exterior Views, McDonald's, 335 East Mazket Street, Leesburg, Virginia," prepazed by Alan Hamm Arcltitects, stamped "received" April 7, 2010, consisting of Sheet PD1.0, and depicting perspective views from "Front Left Comer," "Front ]tight Corner" and "Back Left Comer," except as may be modified by the Board of Architectural Review. PASSED this 13th day of Anri1. 2010. Kristen C. Umstattd, Mayor Town of Leesburg A~4S % / ~ ~ ~ Clerk of Co tit P:Vtesclusions\Resolutions 2010\0413 Special Exception McWnalA's.EOc