R-25-23RESOLUTION NO. R-25-23
RESOLUTION TO APPROVE THE REQUEST OF THE HILL, A DAVIES FAMILY
LLC, APPLICANT, BY BEAN, KINNEY AND KORMAN, PC, 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 NON-RESIDENTIAL USE IN A MIXED -USE
BUILDING PER SECTION 3.5.1.D (UPPER STORY RESIDENTIAL/MIXED
USES),
• TO ALLOW THE BUILDING HEIGHT TO EXCEED 48 FEET PER SECTION
3.7.3.C.2 (OLD TOWN FAIRFAX TRANSITION OVERLAY - HEIGHT),
• 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 (NON-RESIDENTIAL DISTRICTS),
• TO ELIMINATE THE REQUIREMENT FOR A LANDSCAPE STRIP AND STREET
TREES ALONG THE ACCESS DRIVE PER SECTION 4.5.7.13,
• TO ELIMINATE THE CONSTRUCTION OF A SIDEWALK ON THE NORTH SIDE
OF THE ACCESS DRIVE PER SECTION 4.4.4 (SIDEWALKS),
• TO MODIFY THE TRANSITIONAL YARDS REQUIRED IN SECTION 4.5.5
(TRANSITIONAL YARDS), 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 57-4-02-040.
WHEREAS, The Hill, A Davies Family, LLC, Applicant, by Bean, Kinney and
Korman, PC, attorney/agent, has submitted Application No. SE-23-00074 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 22nd day of July 2025, that Application No. SE-23-00074 be and hereby is APPROVED,
as requested, with the following condition:
1. DEVELOPMENT SHALL BE IN CONFORMANCE WITH THE GENERAL
DEVELOPMENT PLAN AND PROFFERS.
2. NOTWITHSTANDING WHAT IS DEPICTED ON SHEET 32 (LANDSCAPE PLAN)
OF THE GENERAL DEVELOPMENT PLAN, THE APPLICANT SHALL
INCREASE THE TREE CANOPY COVERAGE UP TO APPROXIMATELY 11.87%
BY PLANTING ADDITIONAL CATEGORY II TREES ON THE AMENITY DECK
ABOVE THE FOURTH FLOOR OF BUILDING B, IF FEASIBLE. THE
APPLICANT SHALL COORDINATE WITH THE CITY'S URBAN FORESTER,
SHOULD THE APPLICANT NOT BE ABLE TO PLANT AT THE SUBJECT SITE,
THEN THE APPLICANT WILL CONTRIBUTE UP TO $10,000 TO THE CITY FOR
OFFSITE PLANTINGS.
The motion to adopt the resolution was approved July 22, 2025.
Mayor
ATTEST:
City Clerl'
Vote:
Mayor Read
Aye
Councilmember Amos
Aye
Councilmember Bates
Aye
Councilmember Hall
Nay
Councilmember Hardy -Chandler
Aye
Councilmember McQuillen
Nay
Councilmember Peterson
Nay