R-23-37RESOLUTION NO. R-23-37
RESOLUTION TO APPROVE THE REQUEST OF OX HILL REALTY, LLC, APPLICANT, BY WALSH,
COLUCCI, LUBELEY & WALSH, PC, AGENT/ATTORNEY, FOR SPECIAL EXCEPTIONS TO THE CITY
CODE TO:
• ALLOW A MODIFICATION OF THE MAXIMUM BUILDING HEIGHT REQUIREMENT OF 48
FEET IN THE OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT PURSUANT TO
SECTION 3.7.3 OF THE ZONING ORDINANCE;
• ALLOW AN INCREASE IN THE MAXIMUM PERMITTED DENSITY IN THE CU
COMMERCIAL URBAN DISTRICT PURSUANT TO SECTION 3.6.2 OF THE ZONING
ORDINANCE;
• ALLOW A MODIFICATION OF THE YARD REQUIREMENTS IN THE OLD TOWN FAIRFAX
TRANSITIONAL OVERLAY DISTRICT PURSUANT TO SECTION 3.7.3 OF THE ZONING
ORDINANCE;
• ALLOW A WAIVER OF THE INTER -PARCEL VEHICULAR ACCESS REQUIREMENT
PURSUANT TO SECTION 4.3.3 OF THE ZONING ORDINANCE;
• ALLOW A MODIFICATION TO THE REQUIREMENT TO PROVIDE A SIDEWALK ON BOTH
SIDES OF A STREET PER SECTION 4.4.4.A.I OF THE ZONING ORDINANCE
ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP 57-4-02-076, TAX MAP 57-4-02-072
AND TAX MAP 57-4-02-071.
WHEREAS, Ox Hill Realty, applicant, by Walsh, Colucci, Lubeley & Walsh, PC, agent/attorney
attorney/agent, has submitted Application No. SE-22-00056 requesting Special Exceptions to the City Code as
listed above; and
WHEREAS, City Council has carefully considered the application, the recommendation from 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 Section 110-6.17 for the following reasons:
1. The proposal ensures the same general level of land use compatibility as the otherwise applicable
standards;
2. The proposal does not materially and adversely affect adjacent land uses and the physical character of
uses in the immediate vicinity of the proposed development because of inadequate transitioning,
screening, setbacks and other land use considerations;
3. The proposal is generally consistent with the purposes and intent of the city code and the comprehensive
plan;
4. The proposal is based on the physical constraints and land use specifics, rather than on economic
hardship of the applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this I I' day of
July, 2023, that Application No. SE-22-00056 be and hereby is APPROVED, as requested, with the following
condition:
1. DEVELOPMENT SHALL BE IN CONFORMANCE WITH GENERAL DEVELOPMENT PLAN
DATED JULY 3, 2023 AND PROFFERS DATED JULY 6, 2023.
2. THE ENTRANCE DESIGN ON MAIN STREET SHALL BE MODIFIED TO ACCOMMODATE
RIGHT TURNS FOR DELIVERY TRUCKS, OR SIGNAGE SHALL BE INSTALLED
PROHIBITING TRUCK TURNS AT THIS INGRESS POINT.
Adopted: July 11, 2023
Mayor
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilmember Bates
Aye
Councilmember Doyle Feingold
Aye
Councilmember Greenfield
Naye
Councilmember Lim
Aye
Councilmeriiber Ross
Aye
Councilmember Stehle
Aye