R-12-59 RESOLUTION NO. R-12-59
RESOLUTION TO APPROVE THE REQUESTS OF FAIRFAX MAIN STREET,
L.L.C., OWNER, AND AL-HUSAIN Y. ALHUSSEIN, APPLICANT, FOR
RELIEF FROM THE DEVELOPMENT STANDARDS SET FORTH IN SEVEN
SECTIONS OF THE ZONING ORDINANCE ARTI C PARTICULARLY DESCRIBED KNOWN AS
AS
10341 MAIN STREET AND
MAP PARCEL 57-4-02-131.
WHEREAS, Fairfax Main Street LLC, Owner, and Al-Husain Y. Alhussein,
applicant, has submitted Application No. SE-12020074 requesting Special Exceptions
to:
1. Allow development at a floor area ratio of 1.92 that is higher than the floor area
ratio of 1.20 that is the maximum permitted by Sec. 110-1046 (5)b;
2. Exceed the maximum wall height of 43 feet by providing one unit with a 62-foot
high wall as permitted by Sec. 110-1046 (2);
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3. Reduce the width, planting, and wall requirements for the landscape screen as
required by Sec. 110-258 (A);
4. Allow the provision of a 0.55-foot to 1.08-foot wide side yard where buildings
need to either be built on the property line or with a minimum 10-foot wide side
yard as required by Sec. 110-1046 (3) B 1;
5. Reduce the front yard setback to parking that is partially above ground as shown
on the plans as required by Sec. 110-1046 (3) A 2;
6. Reduce to zero the width of the sidewalk widening in the front yard(s) of a
corner lot as required by Sec. 110-1046 (3) A 2;
7. Reduce the parking area landscaping as shown on the plans as required by Sec.
110-259 (B)1; and
WHEREAS, City Council has carefully considered the application, the
recommendation of staff, and testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exceptions
are appropriate because the proposal meets the requisites established by City of Fairfax
Code Sections 110-263, 110-366, 110-1046, and 110-1047for the following reasons:
1. The requests are consistent with the Comprehensive Plan and other adopted
city goals and policies;
2. The requests are appropriate given the size and shape of the lot and the lot's
site design on which the residential project is proposed;
3. The requests will not result in increased traffic congestion or otherwise
negatively impact existing traffic flow or pedestrian and vehicular safety;
4. The requests will not adversely impact adjacent property or the surrounding
area;
5. The requests will not adversely impact the safety and welfare of residents
living in the area; and
6. The requests are in harmony with the general purpose and intent of the
applicable article of Chapter 110 of the City Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 25th day of September, 2012, that Application No. SE-12020074 be and
hereby is APPROVED to allow the applicant the ability to redevelop the subject
property with a residential use, subject to the following conditions:
1. Development shall be in general accordance with the character and quality
described in the Applicant's Statement of Support submitted with the application
and with the plans including Conceptual Development Plans(CDP) by J2
Engineers (sheets 1 through 6) and by KGD (sheets A.199, A.201, A300 and
A301) as may be revised by these conditions and by the Board of Architectural
Review;
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2. All building siding and retaining walls visible from any public right-of-way
shall be of brick, stone, cementitious materials supplemented with cementitious
trim and detail features;
3. The Applicant shall provide all plantings to City standards and shall provide
irrigation for all plantings illustrated on the CDP;
4. The Applicant shall either provide to City Standards and maintain on Providence
Square property the plantings shown on the CDP or provide funding for
Providence Square to install and maintain plants of their own choice on the west
side of the Providence Square property; in either case BAR approval is required;
5. The Applicant shall meet all standards of the City of Fairfax and of the
Commonwealth of Virginia regarding both storm water detention and
Chesapeake Bay water quality best management practices;
6. Subsequent to approval of the Special Exception requests but prior to site plan
approval the Applicant shall submit a construction management plan for
approval by the City Manager or designee to address the following information:
a. Hours of construction;
b. Truck routes to and from entrances;
c. Location of parking areas for construction employees;
d. Truck staging and cleaning areas;
e. Storage areas;
f. Fencing details;
g. Trailer and sanitary facility locations;
h. Traffic control measures; and
i. Maintenance of entrances;
7. The Applicant shall provide cash, bond or letter of credit in the amount of
$20,000 to provide for any damage to the road system fronting the property;
8. The Applicant shall identify a person who shall serve as liaison to the
community throughout the duration of construction. The name and telephone
number of this individual shall be provided in writing to residents and business
owners whose property lies adjacent to or across the street from the site.
9. The Applicant shall provide an easement for public access over all areas where
the CDP depicts sidewalk widening onto private property;
10. The Applicant shall provide to City standards brick sidewalks, street lights and
street trees along all street frontages of the property and provide additional
landscaping within the rights-of-way, including shrubs, flower beds and ground
cover in the triangular area of widened right-of-way adjacent to East Street;
11. The Applicant shall be responsible for maintenance of any water or sewer mains
located within or under the parking garage;
12. All buildings shall be provided with fire suppressant systems meeting the
standard of NFPA 13R at a minimum, including coverage of any attic space;
13. The Condominium Association documents shall provide assurance that:
a. All private garages will always remain available for parking the number
of vehicles shown on the plans;
b. All decks and private courtyards visible from any public right-of-way
will be kept free of toys, bicycles, laundry and other items that would
give a cluttered appearance as seen from the right-of-way;
c. Each unit will be used only for a residential dwelling with associated
accessory and/or ancillary uses; and
d. Occupancy of each dwelling unit shall be limited to the immediate
members of one family plus no more than two additional residents. This
restriction would include the ability for three (3) unrelated persons to
live in one dwelling.
14. The Applicant shall place underground all overhead utilities on the site and in
the public rights-of-way adjacent to the site. Should estimates of the cost of
placing underground those utilities adjacent to East Street exceed $250,000, the
Applicant shall work with the City to achieve the underground construction at a
cost to the Applicant not to exceed $250,000. As an alternative, should the City
desire to do the work itself, the Applicant shall provide a one-time contribution
of$250,000 to be used for undergrounding utilities around the site. If the City
does not use the monies to underground the utilities within three (3) years, the
money will be refunded to the Applicant.
Adopted this 25th day of September, 2012.
Mayor
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ATTEST:
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City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye