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Home My Public Portal About2011_08_30_R106 TLSE 2010-0009 Leesburg ToyotaThe Town of Leesburg, Virginia PRESENTED: August 30, 2011 RESOLUTION NO. 2011 -106 ADOPTED: August 30, 2011 A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE- 2010 -0009, LEESBURG TOYOTA ON THE PROPERTY HAVING PIN NUMBERS 189 -29- 3771, 189 -29 -2450, 189 -29 -1134, 189 -19 -2989 ON CARDINAL PARK DRIVE WHEREAS, Leesburg Motors LLC has requested special exception approval for expansion of an existing auto sales and service dealership including a proposed 16,700 square foot sales building, a 35,000 square foot service building, and outdoor open sales areas, on the property having Loudoun County Parcel Identification (PIN) numbers 189 -29 -3771, 189 -29- 2450, 189 -29 -1134, 189 -19 -2989, located at 1, 3, 5, 8 Cardinal Park Drive; and WHEREAS, the property is zoned B -3, Community Retail /Commercial District, and is located within the H -2, Historic Corridor Architectural Control Overlay District; and WHEREAS, the Planning Commission held a Public Hearing on August 4, 2011; and WHEREAS, the Planning Commission recommended conditional approval, with conditions dated August 4, 2011; and WHEREAS, Staff recommends conditional approval subject to the conditions dated August 4, 2011; and WHEREAS, Town Council has determined the proposed use meets the special exception standards for vehicle sales and service 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 welfare and good zoning practice. -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE- 2010 -0009, LEESBURG TOYOTA ON THE PROPERTY HAVING PIN NUMBERS 189 -29- 3771, 189 -29 -2450, 189 -29 -1134, 189 -19 -2989 ON CARDINAL PARK DRIVE. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Special Exception application TLSE- 2010 -0009, Leesburg Toyota is hereby approved to permit redesign and expansion of the auto dealership located on the property having Loudoun County Parcel Identification (PIN) numbers 189 -29 -3771, 189 -29 -2450, 189 -29 -1134, 189 -19 -2989, on Cardinal Park Drive, subject to the following conditions: 1. Substantial Conformance: Development of this special exception use shall be in substantial conformance with the Special Exception Plat prepared by Bowman Consulting, Ltd. as revised through July 20, 2011. 2. No Expressed or Implied Waivers: Approval of the 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 (DCSM) except as specifically approved by Town Council or the Land Development Official or as shown on the approved Special Exception Plat and supporting documents. 3. Cardinal Park Drive Roadway Reservation: The applicant shall reserve for future dedication to the Town of Leesburg for public street purposes a 15 -foot wide, 327.5' long area of land along the west side of Cardinal Park Drive on the property identified as PIN 189 -29 -1134 -000, PIN 189 -29- 2450 -000, and PIN 189- 29- 3771 -000; and a 15 -foot wide, 197.2' long area along the east side of Cardinal Park Drive on the property identified as PIN 189 -19- 2989 -000. Fee simple right of way needed for public street purposes within these two areas shall be dedicated to the Town upon written request following approval of final construction plans detailing these exact right of way needs without compensation, free and clear of all liens and encumbrances and in a form 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. If, prior to that expiration date, the Leesburg Town Plan is amended to remove the requirement for construction of an overpass to connect Cardinal Park Drive on both sides of Route 7, this reservation shall be automatically extinguished. 4. Cross Parking Agreement Prior to final site plan approval, the Applicant shall provide a cross property parking agreement for Lot 4 to account for its required spaces being located on Lots 11, 12, and 13. A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE- 2010 -0009, LEESBURG TOYOTA ON THE PROPERTY HAVING PIN NUMBERS 189 -29- 3771, 189 -29 -2450, 189 -29 -1134, 189 -19 -2989 ON CARDINAL PARK DRIVE. 5. Lot Consolidation Prior to final site plan approval, the Applicant shall obtain approval of and record a Boundary Line Vacation Plat to consolidate Lots 11, 12, and 13. 6. Sidewalks The applicant shall construct sidewalks along the front of their properties as shown on the special exception plat. In addition the Applicant shall construct a sidewalk offsite in the Town owned right -of -way in front of a portion of the Chesterbrook Academy site to a point that the sidewalk on the east side of Cardinal Park Drive aligns or surpasses the sidewalk directly across on the applicant's property on the western side of Cardinal Park Drive. 7. Lot 4 Access: The Town Plan currently shows a future road improvement for Cardinal Park Drive that may produce a safety issue related to access to Lot 4. Should the proposed improvements to Cardinal Park Drive be designed and funded in the future, and the Town makes a written request following approval of final construction plans, the landowner shall remove their access driveway from Cardinal Park Drive on Lot 4 and at their own expense establish a new access to Lot 4 along Trailview Boulevard. 8. Hours of operation: The sales portion of the automobile dealership operation shall be limited to between the hours of 8:00 am and 9:00 p.m., Monday through Sunday. The service portion of the automobile dealership operation shall be limited to between the hours of 7:00 a.m. and 2:00 a.m. Monday through Saturday. 9. Lighting: Prior to the issuance of any occupancy permits, the Applicant must demonstrate that all outdoor lighting fixtures are full- cutoff. The facility shall be lit only during the hours that the facility is open for business, except for necessary security lighting. PASSED this 30 day of August, 2011. -3- P:Utesolutions\Resolutions 2011 \0830 TLSE- 2010 -0009 Leesburg Toyota.doc x. C. m stattd, Mayor Town of Leesburg