HomeMy Public PortalAbout2010_07_27_R099 - TLSE 2010-0002 Fort Evans Plaza IIThe Toum of
Leesburg,
~~irginia
PRESENTED: July 27.2010
RESOLUTION NO. 2010-099 ADOPTED: Julv 27, 20]0
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2010-0002 FORT EVANS
PLAZA II RETAIL CENTER FORT EVANS ROAD, N.E., TO PERMIT
AN ADDITIONAL 20,000 SQUARE FEET OFNON-OFFICE USES
WHEREAS, Uniwest Development LLC is the developer of Fort Evans Plaza II, and has
requested an amendment to TLSE-2004-0013 to permit additional non-office uses in two existing
office buildings constructed on the properly; and
WHEREAS, the property is located in the B-3 Community Retail/Commercial Zoning
District; and
WHEREAS, on July 15, 2010 the Planning Commission recommended conditional
approval of the special exception; and
` WHEREAS, Staff recommends conditional approval subject to the conditions dated July
27, 2010; and
WHEREAS, on July 27, 2010, the Town Council held a public hearing; 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 as
follows: Special Exception application TLSE-2010-0002, Fort Evans Plaza II, Edwazds Feny
Road, N.E., idemified in [he Loudoun County Land Records as Pazcel Identification Numbers
-2-
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2010-0002 FORT EVANS
PLAZA II TO PERMIT ADDITIONAL NON-OFFICE USES UP TO
~- 20,000 SQUARE FEET
147-16-0510; 147-16-6131; 148-46-9255; 148-47-3304; and 147-17-1241 is hereby approved
with the following conditions:
Substantial Conformance. Development of this property shall be in substantial
conformance with the special exception plan entitled "Special Exception Plat for
In[emational Pavilion LTD Partnership", Sheets 1-9, dated April 20, 2005 by Dewberry
& Davis, LLC ("the Special Exception Plat") with reasonable allowances to be made for
engineering and design alteration to meet Town Subdivision and Land Development
Regulations, Zoning Ordinance or Design and Construction Standazds Manual
requirements. Building locations may shift up to ten percent (10%) from the location
indicated on the Special Exception Plat.
2. No Modifications Granted or Implied. Approval of this special exception does no[
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 Standazds Manual. Final plats, development plans, and construction
drawings are subject to the applicable town regulations.
3. 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 al] individual lots of the site.
4. Interparcel Access. Interpazcel access ro the adjacent commercially zoned properties to
the west and north of the subject property shall be provided in [he approximate locations
noted on [he Special Exception Plat.
5. Landscape Plan. The landscaping provided by the applicant shall be in substantial
conformance with the proposed landscape layout shown on [he Special Exception Pla[,
and a final landscaping plan subject to review and approval by the Town prior to Final
Development Plan approval.
6. Ft. Evaas Road Buf[er. The landscaping plan shall incorporate a 50-foot-wide S2 buffer
yazd along Fon Evans Road in the approximate location shown on the Special Exception
Plat except where such buffer yazd 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 slomtwa[er management pond shown on the Special Exception Plat.
7. Road Improvements. The applicant shall constmct and install road improvements to
Fort Evans Road and Battlefield Pazkway as shown on [he Special Exception Plat,
including [um lanes, road widening to the required width with appropriate tapers,
-3-
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2010-0002 FORT EVANS
PLAZA II TO PERMIT ADDITIONAL NON-OFFICE USES UP TO
-_ 20,000 SQUARE FEET
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 Pazkway (full section); construction of a full
section (four lanes) of Battlefield Parkway, N.E. from the northernmost end of [he 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 [he
Special Exception Pla[ and in accordance with Zoning Ordinance Section 3.4.6.F.3. All
frontage and road improvements shall meet VDOT and town standazds, and shall be
bonded or constrncted prior to issuance of the first zoning permit for a commercial use on
the property.
8. Traffic Signalization. (1) Fort Evans Road/Svcamore Hill Drive Intersection: The
applicant shall construct the traffic signal a[ the intersection of Fort Evans Road, NE a[
Sycamore Hill Dr/Site Entrance Drive; and (2) Battlefield Pazkwav/Fort Evans Road
Intersection: If the town contributes to [he applicant at least $50,000 of funds proffered
by others (in accordance with rezoning #ZM-154 Proffer #3.B.) for constrnction of the
traffic signal at the intersection of Fort Evans Road and Battlefield Pazkway, the
applicant shall construct traffic signalizations at the intersection of Fort Evans Road, N.E.
and Battlefield Parkway, N.E.
9. Stormwater Management. Prior to issuance of a Zoning Permit for this project, the
applicant shall verify that stormwa[er management and Bes[ Management Practices
(SWM/BMP) for the entire site are in accordance with Town of Leesburg and Loudoun
County criteria
]0. Grading. The property will be developed with [he 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 Lighfiog. Site lighting shall be in confomtance 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 [hat any lighting fixture is in
violation of the DCSM lighting regulations, the owner shall install shields as directed by
the Zoning Administrator [o cored [hat violation.
-4-
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2010-0002 FORT EVANS
PLAZA II TO PERMIT ADDITIONAL NON-OFFICE USES UP TO
20,000 SQUARE FEET
13. Water Tower Parcel. Joint B.L.A. Aoplica[ion: The applicant has agreed to consent to
an application by the Town of Leesburg to increase the size of the Town Water Tower
pazcel [0 1.99 acres (86,684.4 square fee[) in the location shown on Pazcel 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 f led in [he
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,
[he applicant will convey approximately 1.09 acres of real property [o [he town consistent
with the Special Exception Plat and without compensation.
14. Temporary Canstructiou Easement: The applicant shall convey a temporary ]0-foot-
wide construction easement extending on either side of [he 15-fool-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 Wintet Campsite, civil war camp located on the site.
16. Civil War Site Preservation. That portion of [he civil war Mississippi Winter Campsite
and entrenchment shown on [he 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 [he H-2
Corridor Guidelines showing [he architectural design, materials, and colors of the
proposed buildings.
1S. 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 pemrit for a retail use
may be issued before the occupancy permit has been issued for [his office building, or
any part thereof.
19. Mazimum Tenant Size. No single store or user may occupy more than 85,000 square
feet.
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A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2010-0002 FORT EVANS
PLAZA II TO PERMIT ADDITIONAL NON-OFFICE USES UP TO
`. 20,000 SQUARE FEET
20. 10% Retail in Oflice Locations. The applicant has committed to and shall develop at
leas[ 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 [he locations illustrated
on the Special Exception plat and described as "O~ce "locations. The foregoing
restriction of uses on the Property will no[ 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 Pla[ shall
include at least the amount of office uses stated in [he office location on the Special
Exception Plat The foregoine restriction of uses on the orocertv will no[ preclude the
[en vear sunset provision.
21. These development conditions shall apply [o all successors and assigns.
PASSED this 27'^ day of Julv 2010.
r`- ~_ ~
I it
mstattd, Mayor
Town of Leesburg
A EST:
Clerk of om '
P Vtes°Wli°nsUtes°Imions 2010\W2] TLSE 2010-0002 Fen Evans Plan Il.doc
the understanding that all such uses shall terminate in Buildines 3 and 5 by December 31.