HomeMy Public PortalAbout2016_11_15_R150 TLSE 2015-0011 KMI South King Street The Town of
Leesburg,
Virginia
PRESENTED: November 15, 2016
RESOLUTION NO.: 2016-150 ADOPTED: November 15, 2016
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2015-0011, KMI SOUTH
KING STREET FOR A 64-UNIT MULTIFAMILY DEVELOPMENT ON
2.84 ACRES IN THE B-1 ZONING DISTRICT
WHEREAS, application has been filed by KMI King Street, LLC requesting Special
Exception approval to permit a 64-unit multifamily development on property identified as
Loudoun County Parcel Identification (PIN) numbers 231-28-1976, 231-28-3678, 231-28-2164
and 231-28-1288; and
WHEREAS, the property is zoned B-1, Community (Downtown) Business District; and
WHEREAS, the Planning Commission held a duly advertised Public Hearing on October
6, 2016 and recommended approval subject to conditions at a meeting on October 20, 2016; and
WHEREAS, staff recommends approval subject to conditions; and
WHEREAS, the Town Council held a duly advertised Public Hearing on November 15,
2016; and
WHEREAS, Town Council has determined the proposed special exception use meets the
special exception standards for a multifamily use as set forth in the Zoning Ordinance and that
the nine zoning modifications requested are justified due to the urban infill nature of the project;
and
WHEREAS, Town Council has determined that the use standards of Zoning Ordinance
Section 9.3.14 and the approval criteria of Zoning Ordinance Section 3.4.12 have been satisfied;
and
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2015-0011, KMI SOUTH
KING STREET FOR A 64-UNIT MULTIFAMILY DEVELOPMENT ON
2.84 ACRES IN THE B-1 ZONING DISTRICT
WHEREAS, Town Council has determined that the proposal will 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-2015-0011, KMI South King Street Multifamily, is hereby approved
to permit a 64-unit multifamily development identified as Loudoun County Parcel Identification
(PIN) numbers 231-28-1976, 231-28-3678, 231-28-2164 and 231-28-1288, subject to the
following conditions:
1. Substantial Conformance: This special exception use shall be developed in substantial
conformance with the special exception plat entitled"South King Street Special Exception
Plat(Multi-family)", Sheets 1-12 (24 sheets in all),dated July 21,2015 and revised through
November 4, 2016 prepared by Bowman Consulting Group, Ltd.
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 as shown
as approved by Town Council on the Special Exception Plat and supporting documents.
Final plats, site plans and construction drawings are subject to applicable Town regulations.
3. Phasing Recreation Amenities:
a. South King Street Plaza: The plaza including all amenities depicted on Sheets 4C
and described on Sheet 5 in Note No. 9 shall be constructed prior to Town sign-off on
the 18th residential Occupancy Sign-Off Application.
b. Town Branch Overlook: The plaza including all amenities depicted on Sheets 4D and
described on Sheet 5 in Note No. 9 shall be constructed prior to Town sign-off on the
35th residential Occupancy Sign-Off Application.
4. Phasing Commercial Uses: The occupancy permit for the shell of the commercial
building on South King Street shown on Sheet 5 shall be issued prior to the issuance of the
52nd occupancy permit for a residential unit.
5. Energy Efficiency: All dwellings will be designed and constructed as ENERGY STAR
2.0 or Home Energy Ratings System (HERS) Index Score 90 qualified homes. With the
submission of a zoning permit for each building, the Applicant will provide certification
that the construction documents have been reviewed by a qualified Home Energy Rate,and
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2015-0011, KMI SOUTH
KING STREET FOR A 64-UNIT MULTIFAMILY DEVELOPMENT ON
2.84 ACRES IN THE B-1 ZONING DISTRICT
that the building meets ENERGY STAR 2.0 or HERS Index Score 90 standards. Prior to
the issuance of an occupancy permit, a "wet" ENERGY STAR 2.0 or HERS label must be
verified at each dwelling unit's electrical panel and a copy of the Home Energy Rating
report shall be provided by the Home Energy Rater. The applicant will also do an
unguarded blower door and duct blaster test. The Home Energy Rating report will include
the unit address, builder's name, rater's name and date of verification.
6. Modifications: The following nine (9) zoning modifications are hereby granted as shown
on the Special Exception Plat:
o Modification #1: TLZO Sec. 9.3.15.A Horizontal Distance Reduction
o Modification #2: TLZO Sec. 9.3.15.B Open Space Reduction
o Modification #3: TLZO Sec. 9.3.15.B Recreation Space Reduction
o Modification #4: TLZO Sec. 11.6.2.A Parallel Parking Space Width Reduction
o Modification #5: TLZO Sec. 11.9 Reduction/Relocation of Loading Space
o Modification #6: TLZO Sec. 12.8.3 Buffer Yard B-C
o Modification #7: TLZO Sec. 12.8.3 Buffer Yard C-D
o Modification #8: TLZO Sec. 12.8.3 Buffer Yard E-F/W&OD Trail
o Modification #9: TLZO Sec. 14.2 Creek Valley Buffer Reduction
PASSED this 15th day of November, 2016
acjicetjgt
David S. Butler, Mayor
Town of Leesburg
A _,! _'
Clerk of-C• 1
P:\Resolutions\2016\1115 TLSE 2015-0011 KMI South King Street Multifamily.docx