R-24-23RESOLUTION NO. R-24-23
RESOLUTION TO APPROVE THE REQUEST OF CAPITAL CITY REAL ESTATE, LLC, APPLICANT, BY
COZEN O'CONNOR, AGENT/ATTORNEY, FOR SPECIAL EXCEPTIONS TO THE CITY CODE TO:
• TO ALLOW A REDUCTION TO THE MINIMUM SQUARE FOOT AREA OF 75% ON THE
GROUND FLOOR WITH A NONRESIDENTIAL USE IN A MIXED -USE BUILDING,
• TO ALLOW THE BUILDING HEIGHT TO EXCEED 5-STORIES/60 FEET PER SECTION 3.6.2
(NONRESIDENTIAL DISTRICTS),
• TO ALLOW THE DENSITY TO EXCEED THE MAXIMUM DENSITY OF 24 UNITS PER ACRE
IN THE CU COMMERCIAL URBAN DISTRICT PER SECTION 3.6.2 (NONRESIDENTIAL
DISTRICTS),
• ALLOW MODIFICATIONS OF THE 50% MANDATORY BUILD -TO LINE AND MAXIMUM
FRONT YARD AND SIDE YARD REQUIREMENTS PER SECTION 3.6.2 (NONRESIDENTIAL
DISTRICTS),
• TO ELIMINATE THE CONSTRUCTION OF SIDEWALKS ON BOTH SIDES OF ALL STREETS
PER SECTION 4.4.4,
• TO ALLOW THE SITE TO REDUCE THE TREE CANOPY REQUIREMENT IN CU
COMMERCIAL URBAN PER SECTION 4.5.6, AND
• TO ALLOW A WAIVER TO THE INTER -PARCEL VEHICULAR ACCESS REQUIREMENT PER
SECTION 4.3.3 (CROSS ACCESS)
ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP 57-4-02-02-002A.
WHEREAS, Capital City Real Estate, LLC, APPLICANT, by Cozen O'Connor, attorney/agent, has
submitted Application No. SE-22-00585 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 9TH day of
July 2024, that Application No. SE-22-00585 be and hereby is APPROVED, as requested, with the following
condition:
1. DEVELOPMENT SHALL BE IN CONFORMANCE WITH THE GENERAL DEVELOPMENT
PLAN AND PROFFERS.
ADOPTED: July 9, 2024
4 � S �__
Mayor
ATTEST:
C
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilmember Bates
Aye
Councilmember Doyle Feingold
Absent
Councilmember Greenfield
Naye
Councilmember Lim
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye