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Home My Public Portal About2005_04_26_r075 TLSE 2004-0013 Fort Evans Plaza IIThe Town of Leesburg, Virginia RESOLUTION NO.2005-75 A RESOLUTION: PRESENTED: April 26, 2005 ADOPTED: April 26, 2005 APPROVING SPECIAL EXCEPTION TLSE-2004-0013 FORT EVANS PLAZA II RETAIL CENTER FORT EVANS ROAD, N.E., TO PERMIT A RETAIL CENTER IN EXCESS OF 100,000 SQUARE FEET and WHEREAS, on April 12, 2005, the Town Council held a public hearing; and WHEREAS, the proposed use fails to provide required information as part of a special exception application as set forth in the Zoning Ordinance, and is inconsistent with the Land Use policies of the Town Plan; and WHEREAS, staff recommends denial. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Special Exception application TLSE-2004-0013, Fort Evans Plaza II Retail Center, Edwards Ferry Road, N.E., identified in the Loudoun County Land Records as Parcel Identification Numbers 147-16-0510; 147-16-6131; 148-46-9255; 148-47-3304; and 147-17- 1241 is hereby approved with the following conditions: 1. Substantial Conformance. Development of this property shall be in substantial conformance with the special exception plan entitled "Special Exception Plat for International Pavilion LTD Parmership", Sheets 1-9, dated April 20, 2005 by Dewberry & Davis, LLC ("the Special Exception Plat") with reasonable allowances to be made for WHEREAS, Battlefield Limited Parmership Uniwest Group, LLC. has requested a special exception to permit a retail center in excess of 100,000 square feet; and WHEREAS, the property is located in the B-3 Community Retail/Commercial Zoning District; and WHEREAS, on March 24, 2005 the Planning Commission denied the special exception; -2- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2004-0013 FORT EVANS PLAZA II RETAIL CENTER FORT EVANS ROAD, N.E., TO PERMIT A RETAIL CENTER IN EXCESS OF 100,000 SQUARE FEET. engineering and design alteration to meet Town Subdivision and Land Development Regulations, Zoning ordinance or Design and Construction Standards Manual requirements. Building locations may shift up to ten percent (10%) from the location indicated on the Special Exception Plat. No Modifications Granted 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. Final plats, development plans, and construction drawings are subject to the applicable town regulations. Reciprocal Parking Easements. Prior to approval of the first development plan or subdivision plat the applicant shall create and record reciprocal easements for ingress/egress and parking to allow all users of the site free unimpeded access across the entirety of all individual lots of the site. lnterparcel Access. Interparcel access to the adjacent commercially zoned properties to the west and north of the subject property shall be provided in the approximate locations noted on the Special Exception Plat. Landscape Plan. The landscaping provided by the applicant shall be in substantial conformance with the proposed landscape layout shown on the Special Exception Plat, and a final landscaping plan subject to review and approval by the Town prior to Final Development Plan approval. Ft. Evans Road Buffer. The landscaping plan shall incorporate a 50-foot-wide S2 buffer yard along Fort Evans Road in the approximate location shown on the Special Exception Plat except where such buffer yard may not be planted within the illustrated 30-foot-wide sewer easement. In such location, the same number of planting materials required in the 50-foot-wide S2 buffer shall be located outside the 30-foot wide sewer easement and in front of the stormwater management pond shown on the Special Exception Plat. Road Improvements. The applicant shall construct and install road improvements to Fort Evans Road and Battlefield Parkway as shown on the Special Exception Plat, including turn lanes, road widening to the required width with appropriate tapers, concrete curb and gutter, storm drainage, commercial entrances, concrete sidewalks, street lights, and street trees. The applicant has agreed to make these improvements, which include, among other improvements, full frontage improvements along Fort Evans Road (one-half section) and Battlefield Parkway (full section); construction of a full section (four lanes) of Battlefield Parkway, N.E. from the northernmost end of the subject property to Fort Evans Road, NE as shown on the Special Exception Plat, and the remaining portions (one-half section) of a four-lane divided section of Fort Evans Road, N.E. from the western to the eastern boundaries of the subject property as shown on the -3- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2004-0013 FORT EVANS PLAZA II RETAIL CENTER FORT EVANS ROAD, N.E., TO PERMIT A RETAIL CENTER IN EXCESS OF 100,000 SQUARE FEET. Special Exception Plat and in accordance with Zoning Ordinance Section 3.4.6.F.3. All frontage and road improvements shall meet VDOT and town standards, and shall be bonded or constructed prior to issuance of the first zoning permit for a commercial use on the property. Traffic Signalization. (1) Fort Evans Road/Sycamore Hill Drive Intersection: The applicant shall construct the traffic signal at the intersection of Fort Evans Road, NE at Sycamore Hill Dr/Site Entrance Drive; and (2) Battlefield Parkway/Fort Evans Road Intersection: If the town contributes to the applicant at least $50,000 of funds proffered by others (in accordance with rezoning #ZM-154 Proffer #3.B.) for construction of the traffic signal at the intersection of Fort Evans Road and Battlefield Parkway, the applicant shall construct traffic signalizations at the intersection of Fort Evans Road, N.E. and Battlefield Parkway, N.E. e Stormwater Management. Prior to issuance of a Zoning Permit for this project, the applicant shall verify that stormwater management and Best Management Practices (SWM/BMP) for the entire site are in accordance with Town of Leesburg and Loudoun County criteria. 10. Grading. The property will be developed with the use of retaining walls as generally shown on the Special Exception Plat but no higher than indicated thereon. Grading shall be done to the greatest extent possible to minimize the use of retaining walls. Grades shall not exceed 3:1 slope. 11. Site Lighting. Site lighting shall be in conformance with DCSM Section 7-670, which states, "All outdoor lighting fixtures exclusive of street lights will not have a source of illumination that is visible beyond the site or cause illumination of adjacent properties in excess of 0.5 foot-candles, as measured at the site boundary." Conformance with the DCSM limitations shall be reviewed as part of Final Development Plan approval. Light poles shall not exceed the heights shown on the Photometrics Plan dated 12/23/04, revised 2/23/05 by WLS Lighting Systems. 12. Lighting Shields. If, at a later date, it is determined that any lighting fixture is in violation of the DCSM lighting regulations, the owner shall install shields as directed by the Zoning Administrator to correct that violation. 13. Water Tower Parcel. Joint B.L.A. Application: The applicant has agreed to consent to an application by the Town of Leesburg to increase the size of the Town Water Tower parcel to 1.99 acres (86,684.4 square feet) in the location shown on Parcel B of the Special Exception Plat. The town, in coordination with the applicant, will file an application for boundary line adjustment of the property of the town and applicant as approximately shown on the Special Exception Plat no less than 30 days after approval of TLSE-2004-0013 so long as no action to challenge such approval has been filed in the -4- A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2004-0013 FORT EVANS PLAZA II RETAIL CENTER FORT EVANS ROAD, N.E., TO PERMIT A RETAIL CENTER IN EXCESS OF 100,000 SQUARE FEET. Circuit Court of Loudoun County. Should a challenge be filed, the application for boundary line adjustment will be filed within 30-days of the conclusion of the challenge. The applicant has agreed that, upon approval of the boundary line adjustment application, the applicant will convey approximately 1.09 acres of real property to the town consistent with the Special Exception Plat and without compensation. 14. Temporary Construction Easement: The applicant shall convey a temporary 1 O-foot- wide construction easement extending on either side of the 15-foot-wide waterline easement shown on the Special Exception Plat. 15. Archeological Studies. Archeological studies, as proposed by Clarence C. Geier, Professor of Anthropology, as discussed with Town Staff and agreed to by Robert Jolley, Archeologist with the Virginia Department of Historic Resources regulations, shall be conducted on the Mississippi Winter Campsite, civil war camp located on the site. 16. Civil War Site Preservation. That portion of the civil war Mississippi Winter Campsite and entrenchment shown on the Special Exception Plat shall be preserved as shown. 17. Architecture. The applicant has agreed to follow the H-2 district design guidelines. The design of the buildings shall be subject to the H-2 Design Guidelines with review and approval by the Zoning Administrator. Prior to Final Development Plan submission, the applicant shall submit architectural elevation drawings that are consistent with the H-2 Corridor Guidelines showing the architectural design, materials, and colors of the proposed buildings. 18. First Office Building. Applicant shall build the 30,000-square-foot office building at the intersection of Battlefield Parkway and Fort Evans Road before the issuance of the first occupancy permit for a retail use on the property. No occupancy permit for a retail use may be issued before the occupancy permit has been issued for this office building, or any part thereof. 19. Maximum Tenant Size. No single store or user may occupy more than 85,000 square feet. 20. 10% Retail in Office Locations. The applicant has committed to and shall develop at least 135,000 square feet of office uses in the approximate location shown on the Special Exception Plat. Freestanding retail uses will not be developed in the locations illustrated on the Special Exception plat and described as "Office" locations. The foregoing restriction of uses on the Property will not preclude the applicant from co-locating up to 10% of the office space in each building for accessory retail uses in each office building. Each office building development area illustrated on the Special Exception Plat shall include at least the amount of office uses stated in the office location on the Special Exception Plat. A RESOLUTION: -5- APPROVING SPECIAL EXCEPTION TLSE-2004-0013 FORT EVANS PLAZA II RETAIL CENTER FORT EVANS ROAD, N.E., TO PERMIT A RETAIL CENTER IN EXCESS OF 100,000 SQUARE FEET. 21. These development conditions shall apply to all successors and assigns. PASSED this 26th day of April 2005. Town of Leesburg \ ATTEST: rk of Cb~tn~il TLCP-2004-0013 RESOLUTION