HomeMy Public PortalAbout1998_05_26_O009 Amending Ordinance 98-008 Approving SE 98-01 UniwestThe Town of
Leesburg,
Virginia
PRESENTED May 26, 1998
ADOPTED ~xy 26, 1998
ORDINANCE NO. 98-0-09
AN ORDINANCE: AMENDING ORDINANCE 98-0-08 APPROVING SPECIAL EXCEPTION
APPLICATION ~SE-98-01 UNIWEST
WHEREAS, Uniwest Construction, Inc. has requested special exception approval to locate a lumber
and/or building material sales facility in a retail center over 100,000 square feet in size in the B-3 Community
Retail/Commercial zoning district; and
WHEREAS, on April 17, 1998, the Planning Commission recommended to Council approval, with
conditions, of Special Exception Application #SE-98-01 Uniwest; and
WHEREAS, on April 28, 1998, the Town Council held a public heating on this application; and
WHEREAS, the Council received a letter from a representative of REHAU requesting Council
consideration of suggested conditions to limit the impacts of the development of the Uniwest property on the
adjacent REHAU property; and
WHEREAS, the suggested conditions were considered by the Council and are reflected in the
conditions listed herein; and
WHEREAS, Council approved Ordinance No. 98-0-08, Approving Special Exception Application
#SE-98-01 Uniwest on May 12, 1998; and
WHEREAS, the Planning and Zoning Committee on May 19, 1998 reconsidered Ordinance No.
98-0-08, item number one under the heading Traffic Impact Study; and
WHEREAS, this request is consistent with the general regulations of the Zoning Ordinance.
THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows:
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APPROVING SPECIAL EXCEPTION #SE-98-01 UNIWEST
SECTION I~ Special Exception Application #SE-98-01 Uniwest, identified as Tax Map 49 ((4))
Parcel B, and as shown on the Special Exception Plan prepared by William II. Gordon, Inc. dated February
9, 1998 and last revised on April 3, 1998, is hereby approved with the following conditions:
General:
The Applicant agrees that approval of the Special Exception does not express or imply any waiver
or modification of the requirements set forth in the Town Plan, Subdivision and Land Development
Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual, and that
final plats, development plans, and construction drawings for development on "the Property" are
subject to the applicable Town regulations. "The Property" shall mean the 25 acre parcel shown on
the plan entitled "Special Exception Plan, Uniwesf' dated February 9, 1998, last revised April 3,
1998, prepared by William H. Gordon Associates, Inc. ("Special Exception Plan"). As used
herein the term "development plan" shall mean a final development plan in :accordance
with Town land development regulations.
All buildings as shown on the Special Exception Plan, including the proposed lumber and/or building
materials sales facility, are set back at least 50 feet from the adjacent property identified as 'rax mp 49
((4)) Parcel B3 owned by REHAU.
An S-3 screen is installed within a 17-foot buffer yard at the property's north and northe~tst boundary
between the lumber and/or building materials sales facility and the adjacent properly identified as Tax
Map 49 ((4)) Parcel B3 owned by REHAU.
4. Buildings located on the property shall not exceed 45-feet in height.
Transportation:
The Applicant agrees to provide, at no cost to the Town and upon the request of tlhe Town, a
temporary grading easement, at the northwest comer of "the Property", specifically for the
grading of the future collector - distributor (CD) road leading to the future interchange at Route 15
Bypass and Edward's Ferry Road. The need for grading on the Special Exception site for the future
collector - distributor (CD) road is indicated on "Special Exception Plan" sheet 3 Section A-A.
The right-of-way and easements necessary for the construction of the Fort Evans Road
frontage improvements which are consistent with the Town Plan shall be dedicated to the
Town prior to approval of the first development plan on "the Property".
The Applicant agrees to construct, at no cost to the Town, all entrance configurations and pubhc
road improvements, shown on the "Special Exception Plan" or included in these conditions, in
accordance with Town and VDOT standards and requirements.
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APPROVING SPECIAL EXCEPTION APPLICATION #SE-98-01 UNIWEST
The Applicant agrees that all Fort Evan's Road entrance configurations and Fort Evan's Road
public road improvements shown on the "Special Exception Plan" will be approved and bonded in
accordance with Town requirements prior to the approval of the first development plan on "the
Property".
The Applicant agrees to construct, at no cost to the Town, right turn lanes at both entrances on the
"Special Exception Plan". The right mm lanes at both entrances will be approved and bonded in
accordance with Town requirements prior to the approval of the first development plan on "the
Property".
The Applicant agrees to provide an adequate channel for the design discharge of the Storm Water
Management Pond. This adequate channel for the design discharge of the pond is; subject to
approval by the Town at development plan submission. The Applicant further agrees that any
impact on the size and location of the Storm Water Management Pond due to adequate channel
design shall not be reason to alter the "Special Exception Plan" without the prior approval of the
Town.
The Applicant agrees to construct (if they are not constructed by others) the traffic signals
identified in the Traffic Analysis (Gorove/Slade Associates, February 18, 1998), at nc, cost to the
Town, as the Traffic Impact Analysis is predicated on the signals being in place at project build
out. The traffic signals at both entrances will be approved and bonded (if they are not bonded by
others), in accordance with Town requirements prior to the approval of the first development plan
on "the Property".
The Applicant agrees to modify the traffic signals identified in the Traffic Analysis (Gorove/Slade
Associates, February 18, 1998), at no cost to the Town (if they are constructed by others), as the
Traffic Impact Analysis is predicated on the signals being in place at project build out. The
modifications to the traffic signals at both entrances will be approved and bonded (if they are not
bonded by others) in accordance with Town requirements prior to the approval of the first
development plan on "the Property".
The Applicant agrees that Note 6 on sheet 1 of 3 of the "Special Exception Plan" does not allow
the Special Exception building foot prints to drift with in the "Limits of Special Exception" shown
on the "Special Exception Plan", and that the Special Exception building final footprints shall not
have more than 20% of the total Special Exception building area located outside the footprint
shown on the "Special Exception Plan" as significant relocation could have an adverse impact upon
the approved "Special Exception Plan". The "Special Exception Building foot prints" shall mean
all building footprints shown on the "Special Exception Plan".
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APPROVING SPECIAL EXCEPTION APPLICATION #SE-98-01 UN1WEST
Traffic Impact Study
The Applicant agrees to construct a 2 lane paved asphalt connection to the east, (if it is not
constructed by others), extending to East Market Street (Route 7) via Potomac
Station Drive/Battlefield Parkway or Potomac Station Drive/Rivercreek Parkway or Fort Evans
Road/River Creek Parkway, or Fort Evans Road/Battlefield Parkway, as the Traffic Analysis
(Gorove/Slade Associates, February 18, 1998), is predicated on said 2 lane connection to East
Market Street (Route 7) being in place at project build out. The 2 lane connection to East Market
Street (Route 7) will be constructed by the Applicant and/or others at no cost to the town and in
accordance with all applicable VDOT and Town Standards and requirements and shall be
approved and bonded in accordance with all applicable VDOT and Town requirements, prior to the
issuance of the approval of the first development plan on "the Property".
The Applicant agrees not to request modification of the high capacity tee intersection al: Fort Evans
Road and 15 Bypass, and recognizes that all efforts of the Town and VDOT to date have been
directed towards preserving, to the greatest extent possible, the limited access function of the
Route 15 Bypass; therefore, the 2 lane connection to the east extending to River Creek Parkway is
most consistent with the Town transportation policy.
The Applicant agrees to construct the onsite traffic channelization islands at the two entrances to
"the Property" shown on the "Special Exception Plan", at no cost to the Town, and the Applicant
agrees that the onsite traffic channelization island configurations may need to be modified at
construction drawings to optimize traffic operations. The onsite traffic channelization islands at
both entrances will be approved and bonded in accordance with Town requirements prior to the
issuance of the approval of the first development plan on "the Properly".
The Applicant agrees to construct the north one-half section (4 lane Divided) of Fort Evans road
along the portion of "the Property" not subject to the Special Exception, at no cost to the Town,
these Fort Evans Road improvements will be approved and bonded in accordance with Town
requirements prior to the issuance of the approval of the first development plan on "the Property".
The Applicant agrees that access to "the Property" not subject to the Special Exception is from the
internal onsite travelways served by the entrances as shown on the "Special Exception Plan" and
not from direct entrances onto Fort Evans Road, as the Traffic Study is predicated on Ire property
not subject to the Special Exception uses not having direct entrances onto Fort Evans Road.
The Applicant agrees to modify, if necessary and in accordance with VDOT and Town standards,
the skewed entrance alignments shown on the Special Exception plan in order to optimize traffic
operations.
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APPROVING SPECIAL EXCEFrlON APPLICATION #SE-98-01 UNIWEST
SECTION II. Spedal exception approval does not express or imply any waiver or mcdification to
any requirements of the Town Plan, Design and Construction Standards Manual, Subdivision and Land
Development Regulations, or zomg Ordinance except as specifically cited herein.
SECTION m. This ordinance shall be effective upon its passage.
PASSED this 26m day of May, 1998.
ATTEST:
Clerk of Council
James E. Clem, Mayor
Town of Leesburg
O: SE9801