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