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HomeMy Public PortalAbout2012_03_27_R041 TLSE 2011-0002 Courthouse Square Structured ParkingThe Town of Leesburg, Virginia RESOLUTION NO. 2012 -041 PRESENTED March 27, 2012 ADOPTED March 27, 2012 A RESOLUTION: APPROVING TLSE -2011 -0002 COURTHOUSE SQUARE TO PERMIT A STRUCTURED PARKING GARAGE ON THE NORTHWEST CORNER OF LOUDOUN STREET, S.E. AND CHURCH STREET, S.E. WHEREAS, a special exception application for a structured parking garage has been filed by Courthouse Square, LLC, and is referred to as TLSE- 2011 -0002 Courthouse Square Structured Parking Garage; and WHEREAS, the subject property is further described as Loudoun County Parcel Identification Number(s) (PIN) 231 -38 -6044; 231 -38 -5459; 231 -38 -6661; and 231 -38 -5350; and WHEREAS, the property is zoned B -1, Community (Downtown) Business District; and WHEREAS, the Planning Commission held a Public Hearing on January 5, 2012; and WHEREAS, at their regular meeting of March 1, 2012 the Planning Commission recommended denial of this application to the Town Council; and WHEREAS, Staff recommends approval subject to the conditions set forth below; and WHEREAS, Town Council has determined the proposed use meets the special exception standards for a structured parking garage as set forth in the Zoning Ordinance Section 9.3.18; 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. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I: Special Exception application TLSE- 2011 -0002 Courthouse Square Structured Parking Garage is hereby approved to permit a 336 space structured parking garage on the -2- A RESOLUTION: APPROVING TLSE- 2011 -0002 COURTHOUSE SQUARE TO PERMIT A STRUCTURED PARKING GARAGE ON THE NORTHWEST CORNER OF LOUDOUN STREET, S.E. AND CHURCH STREET, S.E. Northwest corner of Loudoun Street, S.E. and Church Street, S.E.to serve a by -right 113,650 square foot office building with complementary retail uses on property further identified as Loudoun County Parcel Identification (PIN) number(s) 231 -38 -6044; 231 -38 -5459; 231 -38 -6661; and 231- 38 -5350, subject to the following conditions: 1. Substantial Conformance: Development of this special exception use shall be in substantial conformance with the Special Exception Plat entitled "Courthouse Square Special Exception Plat" Sheets 1 through 11, dated revised per staff comment through 02/21/12 and prepared by Bowman Consulting Group, Ltd. 2. No Waivers Expressed or Implied: 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 as shown as approved by Town Council on the Special Exception Plat and supporting documents. 3. Safety Lighting and Call Stations: Applicant shall provide at the time of site plan submission safety lighting details and shall provide emergency call stations throughout the parking structure for the safety of users. 4. 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. 5. Church Street Improvements: Applicant shall provide improvements to Church Street as shown on the Special Exception Plat, including a sidewalk and a separate westbound right -turn lane. 6. Public Access to Garage and Parking: Applicant shall provide public access to the parking garage for vehicular parking after hours, generally 7:00 PM to 7:00 AM Monday through Friday and all day on weekends and holidays. 7. Buffer Yard Landscaping Modification: Approval of this application is contingent upon the grant of a modification from the Land Development Official of TLZO Sec. 12.8.3 to reduce screening and buffer yard requirements of this development pursuant to TLZO Sec. 12.8.5.A. -3- A RESOLUTION: APPROVING TLSE- 2011 -0002 COURTHOUSE SQUARE TO PERMIT A STRUCTURED PARKING GARAGE ON THE NORTHWEST CORNER OF LOUDOUN STREET, S.E. AND CHURCH STREET, S.E. 8. Loading Space Waiver: Approval of this application is contingent upon the grant of a modification from the Zoning Administrator of TLZO Sec. 11.9 to reduce required loading spaces from five (5) spaces to one (1) space pursuant to TLZO Sec. 11.10.2. 9. Canopy Coverage Payment in -Lieu: Prior to site plan approval, Applicant must make payment to the Tree Canopy Fund for any shortage of canopy coverage less than 10% or 7,362 square feet. 10. Tree Planting Details: Applicant shall provide at the time of site plan submission tree planting details that incorporate subsurface cell soil structure and design methods similar to the approach that is currently under design for the Leesburg Downtown Improvement Project. 11. Access Easements: Applicant shall show all appropriate easements on the Final Site Plan. All necessary easements, either on -site of off -site, shall be recorded prior to Final Site Plan approval. 12. Boundary Line Vacation: Prior to final site plan approval a boundary line vacation plat must be approved to consolidate the four existing parcels into a single lot. 13. Generator and Exhaust Fan Locations: Building generators, all backup generators and exhaust fans for the garage will be located along the north and/or west side of the building to minimize noise exposure on adjacent properties. 14. Construction Staging, Phasing and Sequencing Plan: A conceptual Construction Staging, Phasing and Sequencing Plan shall be submitted as part of the Site Plan. 15. Public Meeting Prior to Construction: Prior to scheduling a pre - construction conference, the Applicant, their successors or assigns as well as any contractor associated with the construction of this project shall hold an informational meeting with tenants and owners pursuant to Town Code Sections 16 -25 to be open to the general public to explain the elements of the final construction sequencing plan, including but not limited to, staging, storage of materials and traffic control plans as approved by Public Works in conjunction with the required right of way permit. Information will also be provided at the meeting about the process and requirements for blasting. 16. Blasting and Digging Below Ground: The Applicant, their successors or assigns as well as any contractor associated with the construction of this project shall be required to obtain all required permits and follow all applicable Town Code (Sections 16 -24, 16 -25 and 16 -26), Loudoun County, State and Federal regulations with regard to blasting and digging below ground. IKE A RESOLUTION: APPROVING TLSE- 2011 -0002 COURTHOUSE SQUARE TO PERMIT A STRUCTURED PARKING GARAGE ON THE NORTHWEST CORNER OF LOUDOUN STREET, S.E. AND CHURCH STREET, S.E. 17. Parking Pay In Lieu: Prior to Final Site Plan Approval for Courthouse Square, the Applicant shall submit to the Town $3,000 for any required parking space not provided for on site. 18. Overland Relief: Approval of this Special Exception in no way relieves the applicant from providing the required overland relief for this site (to ensure surface drainage for the 100 year storm event is not relocated from this property onto off -site properties without acceptable remediation and off site easements) as well as meeting all other State, Local and Federal requirements during the Final Site Plan process. 19. Exhaust Fans and Generator Dampeners: All fans and generators will be located on the second and third levels of the parking garage and shall be dampened in order to mitigate noise from the mechanical equipment. Louvers will be incorporated into the building fagade to properly vent the equipment to the outside. PASSED this 27th day of March, 2012. C. Omstattd, Mayor Town of Leesburg ATTEST: Clerk of Co . cil P:\Resolutions\2012 \0327 TLSE 2011 0002 Courthouse Sq Structured Parking.doc