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HomeMy Public PortalAbout2013_04_09_R049 TLSE 2012-0003 Home DepotThe Town of Leesburg, Virginia RESOLUTION NO. 2013 -049 PRESENTED: April 9, 2013 ADOPTED: April 9, 2013 A RESOLUTION: APPROVING TLSE- 2012 -0003, HOME DEPOT, A SPECIAL EXCEPTION TO ALLOW VEHICLE RENTAL AND OUTDOOR STORAGE AT 280 FORT EVANS ROAD IDENTIFIED AS LOUDOUN COUNTY PARCEL INDENTIFICATION NUMBER (PIN) 147 -15 -0298 WHEREAS, Home Depot LLC is requesting Special Exception approval to allow (1) Outdoor Sales accessory to retail sales and (2) Vehicle Rental in the B -3, Community Retail /Commercial District zoning district at their existing store located at 280 Fort Evans Road on property identified as Loudoun County Parcel Identification (PIN) number 147 -15 -0298; and WHEREAS, the Planning Commission held a duly advertised Public Hearing on February 21, 2013; and and WHEREAS, the Town Council held a duly advertised Public Hearing on April 9, 2013; WHEREAS, Town Council has determined the proposed use meets the special exception use standards for outdoor storage and vehicle rental 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. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that Special Exception application TLSE- 2012 -0003, Home Depot, is hereby approved to permit outdoor storage and vehicle rental subject to the following conditions: 1. Substantial Conformance. The use shall be in substantial conformance with the approved special exception plat entitled "Home Depot at Fort Evans Plaza," dated -2- A RESOLUTION: APPROVING TLSE- 2012 -0003, HOME DEPOT, A SPECIAL EXCEPTION TO ALLOW VEHICLE RENTAL AND OUTDOOR STORAGE AT 280 FORT EVANS ROAD IDENTIFIED AS LOUDOUN COUNTY PARCEL INDENTIFICATION NUMBER (PIN) 147 -15 -0298 June 4, 2012 and revised through December 6, 2012 and prepared by William H. Gordan Associates. 2. No Waivers Expressed or Implied. Approval of this 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, except as may have been approved as part of this application. Final plats, site plans, and construction drawings are subject to applicable town regulations. 3. Area 1 Use. Area 1 shall be used solely for the staging of bulk building materials, landscaping, and garden items on a temporary basis (no more than 72 hours). Such materials will be stored next to the rear building wall in designated locations and will not exceed 12 feet in depth and 10 feet in height. All materials placed in Area 1 will be packaged, palletized, and/or shrink wrapped to ensure that such materials remain confined to their respective packaging. Any loose materials or errant packaging shall be immediately collected and /or retrieved by Home Depot personnel. 4. Area 1 Pavement marking. Area 1 shall include pavement marking along the rear of the store to clearly demarcate the extent of Area 1 and the rear travel aisle consistent with the approved special exception plat. 5. Area 1 Screening. The Applicant shall construct a 12' -long, eight -foot high masonry wall at the southeastern corner of the store to visually shield Area 1 merchandise, transformers, and bollards from adjacent properties. 6. Area 2 Use. Area 2 shall be used for storage, display and sale of merchandise consistent with the approved special exception plat. 7. Area 2 Marking. The spaces in Area 2 allowable for storage, display and sale shall be clearly marked on the pavement. 8. Area 3 Use. Area 3 shall be used solely for the storage and retail sales of seasonal live plants and other associated garden materials. Between March 15th and June 15th annually, Area 3 is proposed to comprise approximately 10,112 square feet; between June 15th and September 15th, Area 3 will be reduced in size to 6,912 square feet as depicted on the approved special exception plat. 9. Area 3 Fencing. Area 3 fencing shall be consistent with the diagrams shown on the special exception plat and shall be kept in good repair with no corrosion or damaged -3- A RESOLUTION: APPROVING TLSE - 2012 -0003, HOME DEPOT, A SPECIAL EXCEPTION TO ALLOW VEHICLE RENTAL AND OUTDOOR STORAGE AT 280 FORT EVANS ROAD IDENTIFIED AS LOUDOUN COUNTY PARCEL INDENTIFICATION NUMBER (PIN) 147 -15 -0298 panels. No signage shall be permitted on the fence except for what is otherwise allowable by Town regulations. 10. Area 4 Use. Area 4 shall be used solely for rental truck parking during the dates specified on the special exception plat. All vehicles must be contained completely within the truck rental parking area as depicted on the approved special exception plat with a maximum of eight rental vehicles at any given time. 11. Area 4 Pavement marking. The Applicant shall install signs on the median adjacent to Area 4 and will paint "Truck Rental Parking Only" markings on all Area 4 parking spaces. 12. Inoperable Vehicles. There shall be no storage or display of vehicles in inoperable condition. 13. Vehicle Sales Prohibited. There shall be no sales of vehicles from the site. 14. Landscaping, At time of site plan review, the Applicant will demonstrate that all buffers are in accord with the previously- approved site plan and, if necessary, Home Depot will agree to replant any missing, dead, or decaying landscaping. PASSED this 91h day of April, 2013. Sri . UAistattd, Mayor Town of Leesburg ATTEST: Clerk of Co it P:\Resolutions\2013 \0409 TLSE 2012 -0003 Home Depot.doc