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HomeMy Public PortalAbout1997_03_11_O006 ZM 150 Leesburg Corner The Town of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED March 11, 1997 97-0-6 ADOPTED March 11, 1997 APPROVING REZONING APPLICATION #ZM-150 LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDINO THE TOWN PLAN WHEREAS, on March 27, 1996 the Town received a complete application to rezone approximately 71.5 acres of land located at the northeast quadrant of the intersection of the Route 15 Bypass and East Market Street (Route 7) from Planned Employment Center (PEC), with proffers, to B-3 Community Retail/Commercial, with proffers; and WHEREAS, the Town Plan Land Use Policy map recommends this property for planned employment land uses; and WHEREAS, on June 6, 1996 the Planning Commission held a public hearing to consider an amendment to the Land Use Element of the Town Plan and rezoning application #ZM- 150 Leesburg Corner; and WHEREAS, on November 7, 1996, following two time extensions requested by the,' applicant, the Planning Commission recommended conditional approval of an amendment to the Land Use Element of the Town Plan, rezoning application #ZM-150, and a special exception to permit over 100,000 square feet of retail center; and WHEREAS, on December 11, 1996 the Town Council held a public hearing to consider an amendment to the Land Use Element of the Town Plan, the rezoning application, and special exception request; and WHEREAS, on December 11, 1996 the Town Council and Planning Commission heh:l a joint public hearing to consider amendments to the Transportation Element of the Town Plan; and WHEREAS, on January 16, 1997 the Planning Commission recommended conditional approval of amendments to the Transportation Element of the Town Plan; and WHEREAS, on February 27, 1997 the Annexation Area Joint Policy Review Committee considered these applications; and -2- APPROVING REZONING APPLICATION #ZM- 150 LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDING THE TOWN PLAN WHEREAS, the Virginia Department of Transportation has acquired approximately ten acres of land at the Bypass and East Market Street (Route 7) for interchange construction; and WHEREAS, the Town Council believes that the goals and objectives of the Town Plan can be better served by amending the Land Use and Transportation Elements; and WHEREAS, the rezoning request is in the interest of the public necessity, convenience, general welfare, and good zoning practice. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Plan Land Use Policy Map and associated text are hereby amended to change the land use designation of the above referenced property from Planned Employment to Planned Mixed Use pursuant to the Planning Commission recommendation, as attached. SECTION II. The Town Plan Transportation Policy Map and associated text are hereby amended pursuant to the Planning Commission recommendation, as attached. SECTION III. Rezoning application #ZM-150 Leesburg Comer by Walnut Partnership and Chelsea G.C.A. Realty, Inc. is hereby approved and the Town of Leesburg Zoning District Map is amended to change the zoning of an approximately 60 acre parcel of land located at the northeast comer of the intersection of the Route 15 Bypass and East Market Street (Route 7) from PEC to B-3, with proffers. Pursuant to Section 15.1-491 et seq. of the Code of Virginia of 1950, as amended, and Section 13A- 12 of the Zoning Ordinance of the Town of Leesburg (the "Town"), Walnut Partnership, a Virginia general partnership, which is the owner of approximately sixty (60) acres of real property described as LCTM 49, Parcel 17 (the "Property"), and Chelsea G.C.A. Realty, Inc., a Maryland corporation (collectively the "Applicant"), which is the contract purchaser of the Property, hereby proffer that development of the Property shall be in substantial conformity with the following terms and conditions which shall supersede all proffers and letters of clarification heretofore made concerning the Property. As of the date of acceptance of these -3- APPROVING REZONING APPLICATION #ZM- 150 LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDING THE TOWN PLAN proffers the Applicant has demonstrated based on customarily accepted market research information by a qualified independent professional consultant that a substantial majority of the customers projected to patronize the Regional Factory Outlet Center (the "Center") as described herein reside at least ten miles fi'om the Center. The Proffer Statement made herein is contingent upon approval of the pending rezoning application ZM-150 to rezone the Property to the B-3 category. Permitted Uses. When the Town adopts an ordinance approving the pending ZM-150 rezoning of the Property to the B-3 category and a special exception for a Center over 100,000 square feet, the following uses may be developed on the Property: (a) bank without drive-in facility; (b) eating establishment without drive-in facility; (c) office; (d) hotel/motel; (e) theater, indoor; and (f) a Center up to 500,000 gross square feet including, but not limited to, the following uses: (1) appliance sales store; (2) art gallery; (3) art supply; (4) bakery; (5) bookstore; (6) candy store; (7) clothing, accessories and dry goods store; (8) delicatessen; (9) furniture sales store; (10) hardware, paint, and wallpaper store; (11)jewelry store; (12) leather goods and luggage store; (13) music store; (14) photographic equipment and supplies store; (15) sporting goods store; (16) tobacco store; (17) toy store; (18) variety store; and (19) office supply store. Notwithstanding the foregoing, the Applicant agrees that the following uses, shall not be developed on the Property: (a) antique and second hand store; (b) drug store; (c) floor coverings store; (d) grocery store; (e) lawn and garden supply store; (f) pet store; (g) pharmacy; (h) video rental store; (i) institutional and community service uses; (j) emergency care facility; (k) school, special instruction; (1) public utility, minor and (m) services, personal, including, but not limited to: arts and crafts studio or store; appliance repair and rental store; bicycle repair store, barber shop, and beauty shop; caterer; dressmaker shop; dry-cleaning and/or laundry pickup station; locksmith shop; musical instrument repair shop; photographer's studio; photostat shop; tailor shop; travel agency; and veterinary hospital. No more than a total of 500,000 gross square feet of permitted uses and special exception uses as described herein shall be developed on the Property. Any retail uses developed on the Property shall be limited to a Regional Factory Outlet Center (the "Center") in which a substantial majority of the stores in the Center are leased by a merchandise manufacturer, an owner or licensee of a merchandise brand name, or a seller of discounted brand name merchandise. No single store in the Center shall contain an area greater than 60,000 square feet. The Center shall contain no more than three stores that contain a leasable area which is greater than 30,000 square feet and less than 60,000 square feet. The Center shall contain at least twenty stores. Rezoning Plan. With the exception of the Center footprint described below, devel[opment of the Property shall substantially conform to the Concept/Special Exception Plan attached hereto as Exhibit A, with reasonable allowance for adjustments in engineering and design at the time of subdivision plat or development plan approval for individual lots or parcels. As each section of the Property is -4- APPROVING REZONING APPLICATION #ZM- 150 LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDING THE TOWN PLAN developed, the Applicant shall submit for approval to the Town Board of Architectural Review a preliminary development plan which shall include an illustration of that portion of the Center to determine: (a) whether such plan and design is compatible with the site and building design guidelines set forth in the H-2 Corridor Design Guidelines adopted as of the date of approval of the rezoning described herein; and (b) whether the proposed Center is designed as a shopping village in which a majority of stores are oriented internally to the Center in a fashion to create landscaped courtyards with pedestrian seating areas and walkways and with customer parking around the perimeter of the Center. The footprint of the proposed Center depicted on Exhibit A, which is typical of the above-described village shopping design, is included for illustrative purposes only and may be modified or shifted at the time of submission of a preliminary development plan approval for the Center to address site development constraints such as, but not limited to, Property topography, stormwater detention requirements, utility installation, vehicle sight lines, grading, and final engineering. Transportation Improvements Reasonably-Related to Development of the Property. Prior to issuance of a zoning permit for the first building on the Property the Applicant shall bond or construct and dedicate to the Town or other appropriate governmental entity in fee simple without liens or encumbrances or any cost to the Town, the transportation improvements described below. The cost of transportation improvements described in this proffer shall be limited to dedicated land free of all liens and encumbrances, actual construction costs, surveying and engineering fees, permit fees, and any bonding costs. As used herein, the term "Transportation Improvements" shall mean public roadways and reasonably related improvements which are constructed on the Property or which provide or facilitate direct access to or from the Property, such as roadways, turn lanes, acceleration or deceleration lanes, and traffic signals, which are warranted solely as the result of development of the Property. All public Transportation Improvements shall utilize lanes that are at least twelve feet wide or the metric equivalent and shall be designed pursuant to standards accepted by the Town or the Virginia Department of Transportation ("VDOT"). In the event that the Center is developed on the Property, then all lots created on the Property shall front on Fort Evans Road or Potomac Station Drive. Any private roadways constructed on the Property shall be connected to a dedicated public thoroughfare. Development of the Property and construction of related Transportation Improvements shall be phased as follows: (a) Unless such Transportation Improvements have been constructed by others, prior to issuance of a zoning permit for structures constructed on any portion of the Property... the Applicant shall bond or construct and dedicate to the Town or VDOT, as applicable, the Transportation Improvements described as follows: (i) If signalization is warranted by the Town, and is not constructed by others, the Applicant shall pay up to Three Hundred Sixty Thousand Dollars ($360,000) to the Town for traffic signalization at the intersection of Fort Evans Road with the Route 15 By-Pass, at the primary entrance to and egress from the Property on Fort Evans Road in the approximate location shown on Exhibit A, and at the Potomac Station Drive/Fort Evans Road intersection. In the event that at the time of approval of a final development plan for a particular portion of the Property the signalization as described above is warranted by the Town for that particular phase of development, then the signal shall be installed by the Applicant at the time of development of the -5- APPROVING REZONING APPLICATION #ZM- 150 LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDING THE TOWN PLAN phase necessitating that signal. If the signal is not warranted by development of a particular phase of development, then the Applicant shall post a bond in the amount of the signal reasonably related to the phase, provided that any proffered monies paid to the Town by other land developers for any of the same signals shall be credited by the Town towards the cost of installation of any such signals. 'Nothing herein shall be interpreted to obligate the Applicant to expend more than Three Hundred Sixty Thousand Dollars ($360,000) for the above-described signalization. (ii) Prior to issuance of a zoning permit for the first building on the Property, the Applicant will bond or construct and dedicate to the Town, in fee si~nple, free from liens or other encumbrances the following Transportation Improvements: (A) a four lane VDOT GS-6 Urban Minor Arterial divided (or undivided, as determined by the Town) section of Fort Evans Road in a 90 foot right-of-way (widened for turn lanes, if required) from the intersection of Fort Evans Road with Potomac Station Drive to the intersection of Fort Evans Road with the Route 15 Bypass, together with a realigned high-capacity "T" intersection of the Route 15 Bypass with Fort Evans Road, or such other intersection design approved by the Town which will be designed in accordance with Town requirements and will include necessary curbing and gutters, median improvements, related drainage improvements, and sidewalks; (B) the western half (two lanes) of a four lane divided VDOT GS-7 Urban Collector highway in a 90 foot right-of-way (widened for mm lanes, if required) for the portion of Potomac Station Drive from Fort Evans Road along the eastern edge ,of the Property which will include a 27 foot wide travelway, one-half of a 16 fool: wide median, related curbs and gutters, required mm lanes, related drainage, and sidewalks; (C) one right turn deceleration lane from the Route 15 Bypass to Fort Evans Road; (D) one right turn lane from the northernmost westbound lane of Fort Evans Road to the northbound Route 15 Bypass; (E) one right turn deceleration lane from Fort Evans Road eastbound into the Property; (F) one left turn lane from westbo~md Fort Evans Road to the southbound Route 15 Bypass; and (G) one left turn lane from the southbound Bypass to Fort Evans Road eastbound. In the event that any right-of-way required to construct the above-described roadway improvements is located on the lands of others, the Applicant shall use its best efforts to obtain such right-of-way to facilitate construction of the required improvement. In the event that the Applicant is unable to obtain such right-of-way, the Applicant shall request assistance from the Town to obtain the required right-of-way and shall pay the fair market value for such right-of-way as may be required pursuant to Town eminent domain proceedings. Nothing herein shall be interpreted to obligate, nor shall, the Town pay for the cost of acquisition of such regional required right-of-way. (iii) At the time of approval of the first record subdivision plat or final development plan for any portion of the Property, the Applicant will impose a two foot wide limited access line on the Property along the Route 15 Bypass frontage and along the Route 7 frontage. (b) Unless such Transportation Improvements have been constructed by others, prior to issuance -6- APPROVING REZONING APPLICATION #ZM- 150 LEESBURG CORNER BY WALNUT EARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDING THE TOWN PLAN of a zoning permit for the first building on the Property the Applicant agrees to bond or construct and dedicate to the Town or VDOT a north bound two lane collector/distributor road along the eastern edge of the Route 15 Bypass from Market Street to Fort Evans Road, together with a shortened north-bound access ramp from Market Street to the northbound Route 15 Bypass as generally depicted on that certain drawing entitled "Leesburg Comer Access Phasing Concepts" by Post, Buckley, Schuh, and Jemigan, Inc., dated November 21, 1996, attached hereto as Exhibit "B" and incorporated herein by reference. The Applicant agrees to develop on the Property no more than 305,000 square feet of Center uses unless either: (i) access via a two lane roadway improved, paved and designed in accordance with applicable Town or VDOT standards is constructed by the Applicant or others through the lands of others from the Property to Market Street via either Fort Evans Road or Potomac Station Drive, and either Battlefield Parkway or River Creek Parkway; or (ii) VDOT and the Town permit and the Applicant constructs two left mm lanes from westbound Fort Evans Road to the southbound Route 15 Bypass pursuant to a conventional "T" intersection, as generally illustrated on Exhibit A. (c) At the time of construction by others of a grade-separated interchange at the Route 15 Bypass and Edwards Ferry Road and removal by others of the traffic signal at such intersection, the Applicant and its successors agree to not oppose closure of the Fort Evans Road cross-over at the Bypass and removal by others of the traffic signal at the Fort Evans Road/Route 15 Bypass intersection, so long as right-in/right-out access is available for the Property from Fort Evans Road to the Bypass via a collector/distributor road, and so long as access consistent with Town and VDOT standards for full development of the Property is available from the Property to Market Street over the lands of others across either Battlefield Parkway or River Creek Parkway via either Potomac Station Drive and/or Fort Evans Road. Regional Transportation Improvements. Prior to issuance of a zoning permit for the first building constructed on the Property the Applicant agrees to pay to the Town Fifty Thousand Dollars ($50,000) for construction by others of a macadam bicycle/pedestriantrail which will provide access to Ida Lee Park from Battlefield Parkway and to contribute to the Town for regional transportation improvements in the vicinity of the Property cash or dedicated Transportation Improvements up to the aggregate sum of One Million One Hundred Thousand Dollars ($1,100,000) (calculated at the rate of $2.20 times 500,000 gross square feet). Prior to issuance of a zoning permit for a particular structure, the contribution shall be evidenced by a payment (proffer) bond or the funds shall be paid into an escrow account established by the Town for the specific purpose of financing the construction of the regional Transportation Improvements as set forth below. In the event that the Applicant constructs any of the regional Transportation Improvements described below in this Proffer 4, then the Town shall give a credit of up to One Million One Hundred Thousand Dollars ($1,100,000) as indicated below to the Applicant for such construction based on evidence of actual construction costs, surveying and engineering fees, permit fees and bond costs produced at the time of zoning permit issuance for development of a structure on the Property. The estimated cost of the following improvements shall be credited by the Town towards satisfaction of the Applicant's transportation improvement fund obligations: (a) Five Hundred Thousand Dollars ($500,000) for the cost of construction of the northern half -7- APPROVING REZONING APPLICATION #ZM- 150 LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDING THE TOWN PLAN o section of Fort Evans Road from the Route 15 Bypass to Potomac Station Drive; (b) Five Hundred Thousand Dollars ($500,000) for the cost of construction of the Route 15 Bypass collector/distributor road, as generally illustrated on Exhibit B. (c) Three Hundred Thousand Dollars ($300,000) for the cost of construction of the realigned high-capacity "T" intersection at the Route 15 Bypass and Fort Evans Road as generally illustrated on Exhibit B; and (d) One Hundred Percent (100%) of the estimated One Million Eight Hundred Thousand Dollars ($1,800,000) cost of any actual construction by the Applicant of any off-site portion of Fort Evans Road, Battlefield Parkway and Potomac Station Drive. Preliminary Development Plan Review. Preliminary development plans for any portion of the Property shall substantially conform to the standards stated on the Concept/Special Exception ]Plan and to the following design guidelines which shall be reviewed by the Board of Architectural Review: (a) Each building developed on the Property will incorporate design elements, building materials, elevations and roof forms which are compatible with other buildings developed on the Property. (b) The colors of buildings developed on the Property will be from the same color palette and will be complementary. (c) Buildings developed on the Property will be designed to relate to each other and to common vehicular and pedestrian corridors. (d) Site planning for parcels developed on the Property will incorporate pedestrian circulation for that parcel which shall be coordinated throughout the Property. (e) Architectural elevations and a comprehensive signage plan for the Property will be submitted for review and approval by the Board of Architectural Review at such time as the first preliminary development plan is submitted for the Property. Directional and tenant signage shall be consistent throughout the Property and shall be consistent with Article 10 of the Town's Zoning Ordinance. (f) All off-street parking areas will be separated from public roads, open space areas, and sidewalks by hedges, plantings, earthen berms, changes in grade, or walks as ]provided in the Town Ordinances. (g) Best efforts shall be used to preserve or replace with a like species of hardwood trees which will grow to an equivalent stature, any mature or specimen hardwood trees located within the perimeter setback areas of the Property, and on any open space areas of any common area of the Property. -8- APPROVING REZONING APPLICATION #ZM- 150 LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC. AND AMENDING THE TOWN PLAN (h) Pedestrian paths will be paved with materials such as brick, concrete or asp]halt rather than loose gravel or individual stepping stones, and will be designed to create a comfortable attractive pedestrian environment. Paving materials for sidewalks and foot paths, seating, fountains, lawns and landscaping will be consistent throughout the Property. Fire and Rescue. Immediately prior to obtaining zoning permits for individual buildings constructed on the Property, Twenty Cents ($.20) per gross square foot of each building actually constructed on the Property shall be paid to the Town to be donated to the fire and rescue facility providing service to the Property. The amount of contributions for fire and rescue shall be adjusted upward annually in accordance with the Consumer Price Index for Loudoun County, Virginia or for the metropolitan Washington, D. C. area. Utilities. The Applicant shall at its cost connect any buildings constructed on the Property to the water line located in Fort Evans Road and to the sewer line located at the southern boundary of the Property. In the event that access to the sewer line located at the southern boundary of the Property is taken by VDOT, then the Property shall be served by the Town line located east of the Property at no cost to the Town. SECTION IV. Concept Plan approval does not express or imply any waiver or modifications to any requirements of the Design and Constructions Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance except as specifically cited herein. SECTION V. This ordinance shall be effective upon its passage. PASSED this llth day of March , 1997. . Clem, Mayor Town of Leesburg ATTEST: Clerk of Council o:zml50 Amendments to the Land Use Element of' the 1986 Town Plan March 11, 1997 Page 86: Planned Employment Area Policies Planned employment areas are located along Route 7 East, as illustrated on the Land Use Policy Map [this map needs to be amended to reflect changing subject 60-acre site from "Planned Employment" to "Planned Mixed Use"]. This reflects the potential employment market on Route 7 and the existing industrial zoning in the area. The Land Use Policy Map delineates approximately 430 acres of planned employment. [balance of text is unchanged] Pages 86-87: Planned Mixed Use Policies The Planned Mixed Use area included approximately 200 acres of the Carr Tract located east of the By-pass between Fort Evans Road and Edwards Ferry Road and approximately 60 acres of the Walnut Partnership tract located east of the Bypass and adjacent to Fort Evans Road immediately south of the Carr Tract. The Carr tract is currently zone. d B-3 and is intended to be developed as a combination of office and commercial in a manner compatible with the surrounding area. The Walnut Partnership tract is zoned Pla~aned Employment Center (PEC) and is intended to be developed as office, regional retzdl, or a combination thereof. Therefore, this site may be zoned to another district which permits these uses subject to the provisions of all policies set forth below. The following policies are intended to encourage a compatible mix of land uses in the areas covered by the Planned Mixed Use land use classification within a planned development framework. Related Policies: 5.64 5.65 5.66 Planned mix use areas should provide a variety of commercial office uses planned to complement and reinforce the community focus created by adjacent uses. Planned mixed use areas should be developed through the planned development process to ensure the compatibility and integration of all uses. A "regional factory outlet center" as defined below may be permitted as part of a planned mixed use development or as a single use project subject to the following criteria: · The applicant shall clearly demonstrate that the proposed use is consistent with the definition of "regional factory outlet center" as defined herein and assure that continued use into the foreseeable future. · The entire site shall be subject to the design standards and review process of the H-2 Corridor Ordinance. · The site shall be located within or contiguous to the Route 7/15 Bypass · The regional factory outlet center shall provide linkage to the Old and Historic District for the benefit of tourists through on-site kiosks, information booths, transportation programs or other reasonable means deemed acceptable,, by the Town · Definition of"Regional Factory Outlet Center": A retail shopping center of 20 or more stores wherein a substantial majority of the stores on the site are owned or leased by a merchandise manufacturer or an owner or licensee of a merchandise brand name. No single store shall contain a gross floor area greater than 60,000 square feet. Prior to final development plan approval of the center, the applicant shall demonstrate, based on customarily accepted market research information prepared by a qualified independent professional consultant that a substantial majority of the customers of the center reside at least ten miles from the center. · Proffers, or other means lawful under the Code of Virginia, shall be used to assure the Town of adherence to these provisions. Renumber all policies which follow. Page 88: Table 5.8, Employment Development Standards Type/Scale Function Design Objectives Planned Mixed Use Mixed use development area including Site design sensitive to mixed use character of area. Scale: Includes commercial or employment uses, or Offices used as transition between residential and about 270 acres east single use Regional Factory Outlet commercial areas. of by-pass and south Center serving as transition between of Edwards Ferry residential areas to the north & east and Limited and shared access points. Road to State Road 7. the Route 7 employment Preservation of Ft. Evans historic site. (office/industrial) corridor to the south and east. Single use Regional Factory Outlet Center subject to all provisions of thc H-2 Confidor Ordinance. Planned Employment Primary function as regional office and Park-like atmosphere with cluslcred buildings and Scale: About 230 industrial area; employment uses such as ample landscaped open space. acres along Route 7 corporate offices, hi-tech research and east light manufacturing, wholesalers. Unified design with shared access; no direct access to Route 7 for accessory uses. Limited accessory commercial uses such 100' setback from Route 7. as restaurants, hotel/convention center, office supplies, branch banks appropriate Preservation of Lombardy Farm and Stone Harper as part of larger employment center. House historic sites. AMENDMENTS TO THE TRANSPORTATION ELEMENT' 1986 TOWN PLAN Table 6.5 Road Network Improvements OF THE LIMITED ACCESS HIGHWAYS Bypass: North of Route 7: Interim access to Fort Evans Rd. will be by a signalized at-grade intersection at Fort Evans Road and the By-pass in conjunction with the first phase of a collector/distributor road constructed between Route 7 and Fort Evans Road. The interim at-grade intersection will operate at levels of service acceptable to the town and VDOT. The interim transportation improvements will be replaced by the ultimate transportation improvements when: the level of service becomes unacceptable to the town and VDOT alternate access is available via Battlefield Parkway. Ultimate access to the By-pass will be provided by a collector/distributor road that links the Route 7 interchange with the future Edwards Ferry Road interchange. The ultimate collector/distributor transportation system will operate at levels of service acceptable to the town and VDOT. A specific mechanism acceptable to the town and VDOT will be established to guarantee the implementation of the interim and ultimate transportation improvements. The ultimate transportation system will be incorporated into a grade separated interchange system including interchanges at the Bypass at Route 7 and Edwards Ferry Road. (Balance of Text Unchanged) -2- AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE TOWN PLAN OF THE 1986 TOWN PLAN MINOR ARTERIALS Ft. Evans Rd: By-pass to eastern town limits: (Balance of Text Unchanged) Require 90-ft ROW dedication & construction of four-lane divided roadway as development occurs Interim access to Fort Evans Rd. will be by a signalized at-grade intersection at Fort Evans Road and the By-pass in conjunction with the first phase of a collector/distributor road constructed between Route 7 and Fort Evans Road. The interim at-grade intersection will operate at levels of service acceptable to the town and VDOT. The interim transportation improvements will be replaced by the ultimate transportation improvements when: the level of service becomes unacceptable to the town and VDOT · alternate access is available via Battlefield Parkway. Ultimate access to the By-pass will be provided by a collector/distributor road that links the Route 7 interchange with the future Edwards Ferry Road interchange. The ultimate collector/distributor transportation system will operate at levels of service acceptable to the town and VDOT. A specific mechanism acceptable to the town and VDOT will be established to guarantee the implementation of the interim and ultimate transportation improvements. The ultimate transportation system will be incorporated into a grade separated interchange system including interchanges at the Bypass at Route 7 and Edwards Ferry Road.