R-10-04RESOLUTION NO. R-10-04
APPROVAL
RESOLUTION TO APPROVE THE REQUEST BY 9625 LEE HIGHWAY LLC ANll
JUDY L. LOTHROP LIVING TRUST BY W. JOE LOTHROP, JR., AGENT, FO12
SPECIAL EXCEPTIONS FOR RELIEF FROM THE DEVELOPMENT STANDARDS
SET FORTH IN 6 SECTIONS OF THE CITY ZONING ORDINANCE ON THE
PREMISES KNOWN AS 9615 AND 9625 FAIRFAX BOULEVARD AND MORE
PARTICULARLY DESCRIBED AS TAX MAP PARCELS 48-3-08-OOlA AND 48-3-08-
003A.
WHEREAS, W. Joe Lothrop, Jr., as Agent for 9625 Lee Highway LLC and Judy L.
Lothrop Living Trust, Owners, has submitted Application No. 5E-09050003 requesting
Special Exceptions to:
1. Reduce the minimum required number of parking spaces from 98 spaces to 83
spaces, if there is a convenience store, and to 85 spaces without a convenience
store as regulated by Sec. 110-155(b)(5);
2. Reduce the minimum required landscaped open space from 25 percent to 22 percent
as regulated by Sec. 110-783(4);
3. Reduce the minimum required width of a parking lot landscape strip not adjacent to
a public right-of--way from 7 feet to approximately 3.7 feet and for a waiver or
reduction in planting within the parking lot landscape strip as regulated by Sec. 110-
259(a)(1)b;
4. Allow a shopping center identification sign identifying individual businesses as
regulated by Sec. 110-180(b)(2)a.l;
5. Reduce the minimum required front setback for aground-mounted sign from 10
feet to zero feet as regulated by Sec. 110-181(b); and
6. Allow building mounted tenant signs on the side of the building where there is no
tenant entrance as regulated by Sec. 110-180(b)(2)a.2
WHEREAS, City Council has carefiilly considered the application, the
recommendation from Staff, and testimony received at the public hearing; and
WHEREAS, City Council has determined that proposed Special Exceptions #1, 2, 3,
4, and 6 are appropriate because the proposal, as modified by the conditions of approval,
meets the requisites established by City of Fairfax Code Sections 110-366, 110-158, 110-
783(6)(b), 110-263 and 110-185 for the following reasons:
1) The request is consistent with the Comprehensive Plan and other adopted city
goals and policies;
2) The request is appropriate given the size and shape of the lot and the lot's site
design on which the use is proposed;
3) The request will not result in increased traffic congestion or otherwise
negatively impact existing traffic flow or pedestrian and vehicular safety;
4) The request will not overburden the community facilities existing or available
or result in the obstruction of light and air, danger and congestion in
transportation, or increased danger from fire, flood, or other hazards;
5) The request is in harmony with the general purpose and intent of the applicable article
of Chapter 110 of the City Code and the purposes of zoning ordinances set forth in
Code of Virginia 15.2-2283.
6) The request will not be contrary to the objectives specified in the
Comprehensive Plan;
7) The request will not adversely impact adjacent property or the surrounding area;
8) The request is necessary to permit the reasonable use of the subject property; and
9) The request will not result in a development which is disproportionate to surrounding
land uses in size, bulk, or scale.
WHEREAS, City Council has determined that request #5 for a Special Exception for
a reduction of the minimum front setback for aground-mounted sign is NOT appropriate
because the request proposal does not meet the requisites established by City of Fairfax Code
Sections 110-366 and 110-185 for the following reason:
• The Applicant has not demonstrated that there are any unique burdens that would
require the ground-mounted sign to be located closer than the required 10 feet to the
right-of--way, and there is room to place the ground-mounted in accordance with the
setbacks specified in the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 26th day of January, 2010, that in Application No. 5E-09050003 the request
for a reduction of the minimtun front setback for aground-mounted sign be and hereby is
DENIED, and the remaining five requests be and hereby are APPROVED, with the
following conditions:
1. Development of the property shall be in substantial conformance with the Preliminary
Plan of Subdivision prepared by Patton Harris Rust Associates with a seal signature date
of November 17, 2009 and with the architectural elevations prepared by ECS, PC
Architects date stamped January 19, 2010, as revised to accommodate these conditions.
2. To provide a better relation of the building to the street, the Applicant shall revise the site
grading to raise the building first floor elevation even with or slightly above the grade of
Fairfax Boulevard, approximately elevation 318. The existing trees shown to be saved on
the SUP Submission plans may be removed, if necessary, to accomplish such regrading.
3. In the final architectural plans submitted to the Board of Architectural Review, the
Applicant shall ensure that all portions of building facades visible from the right-of-way
exhibit a mixture of architectural detailing and materials. Stone, brick, and cultured stone,
or a balanced combination thereof shall be the primary materials with minimal use of
EIFS.
4. The Applicant shall provide two additional acorn-style lights along Fairfax Boulevard
with approximate spacing 60 feet from existing acorn lights in conformance with the
Community Appearance Plan.
5. The Applicant shall substitute an 8-foot high board-on-board fence with brick piers, or an
alternative that is equal or better in quality as determined by the Board of Architectural
Review, along the easterly property line in lieu of the precast concrete wall shown on the
plans and in exhibits submitted with the Special Use Permit application. This fence may
be removed when the adjoining properties are redeveloped.
6. With the first submission of the site plan the Applicant shall revise the easternmost
entrance to provide channelization to assure only right-turn-in and right-turn-out turning
movements subject to the approval of the Director of Public Works.
7. The Applicant shall not prohibit public access to the drive aisles on the site.
8. The Applicant shall, upon request by the City, provide an interparcel connection to Tax
Map Parcels 48-3-08: 002A and/or 002B at a specific location to be designated by the City
for the purpose of providing access from the subject site to the traffic signal at Old Lee
Highway and Old Pickett Road. Such interparcel connection shall include construction of
the pavement, curb, and gutter between the on-site drive aisle and the property line. The
Applicant shall not be responsible, however, for the cost of relocating any storm sewer or
any other major expense resulting from the location selected for the interparcel
connection.
9. The ground-mounted shopping center identification sign shall be limited to individual
tenant panels no smaller than 8 inches in size and shall be subject to review and approval
by the Board of Architectural Review. The location of the ground-mounted sign shall
comply will all setback requirements of the Zoning Ordinance.
10. Tenant signage on the south elevation of Building #1 shall be limited to one building-
mounted tenant directory of no more than 20 square feet, subject to review and approval
by the Board of Architectural Review.
11. The approval of the Special Use Permit for a convenience store is conditioned on the
relocation of the existing 7-Eleven convenience store business into the proposed shopping
center and the recordation of a covenant on the lot on which the existing 7-Eleven store is
located prohibiting the use of the property as a convenience store. Such recordation shall
occur prior to issuance of aNon-Residential Use Permit for the convenience store.
12. The site plan shall incorporate expanded use of stamped asphalt as addressed at the
meeting of January 26, 2010.
13. The east elevation of Building #2 shall be modified to incorporate additional articulation
as addressed at the meeting on January 26, 2010.
The motion to adopt the resolution was approved January 26, 2010.
Mayor
l f~
ate
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Rasmussen Aye
Councilman Stombres Aye