19991012 r-99-32RESOLUTION NO. ~
RESOLUTION TO APPROVE THE REQUEST OF VF-FAIRFAX CITY
L.L.C. FOR SPECIAL EXCEPTIONS TO CHAPTER 26 OF THE CITY
CODE ON THE PREMISES KNOWN AS 10252-10334 MAIN STREET,
AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS
57-4-((2))-119 AND 144B.
WHEREAS, VF-Fairfax City L.L.C. has submitted Application No. SE-236-99-2
requesting a modification to Condition #1 imposed by City Council on January 12, 1999
for approval of Application No. SE-236-98-1; and
WHEREAS, VF-Fairfax City L.L.C. submitted Application No. SE-236-98-1
requesting Special Exceptions to the City Code sections listed below:
Section 26-39.4--to allow reduction of the required number of parking
spaces;
Section 26-68--to allow modification of the required screening;
Sections 26-69(a)(1) and (2)--to allow reduction of the required perimeter
and interior parking lot landscaping;
Section 26-213.2(c)--to allow reduction of required sidewalk width
WHEREAS, City Council carefully considered Application No. SE-236-98-1, the
recommendation of the Board of Architectural Review, the staff report and testimony
received at the public hearings on December 22, 1998; and
WHEREAS, City Council carefully considered Application No. SE-236-99-2, the
staff report and testimony received at the public heating on October 12, 1999; and
WHEREAS, City Council determined that the proposed Special Exceptions, with
conditions, are appropriate because the proposal meets the requisites established by City
of Fairfax Code Section 26-71.2, Section 26-39.7, Section 26-213.2(f) and Section 26-
103(c) for the following reasons:
The applicant has adequately demonstrated that the special
exception will not negatively affect adjacent property, is not
contrary to Comprehensive Plan objectives, is necessary to permit
reasonable use of the property, and will not result in a negative
impact on traffic flow or pedestrian and vehicular safety; and
WHEREAS, City Council has further determined that Condition/ti of the Special
Exception approval dated January 12, 1999 should be amended to permit unified
development of the University Shopping Center; and
WHEREAS, City Council has determined that Special Exception No. 236-99-2
should be approved with a modification to Condition #1 and with the same Conditions
#2-11 as originally approved with SE-236-98-1 on January 12, 1999;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 12th day of October, 1999, that Application No. SE-236-99-2 be and
hereby is APPROVED with the following conditions:
The applicant shall, prior to site plan approval, submit to the City
recorded cross-easements, for the purposes of shared parking and
shopping center ingress and egress, for the two parcels comprising
the subject site. Further, should the applicant at any time in the
future acquire title to both parcels, the applicant shall, within 90
days, submit to the City a completed application to consolidate the
parcels.
Development of the subject site, including interior and perimeter
parking lot landscaping and screening, sidewalks, and new
construction shall be in general conformance (assuming flexibility
as necessary for compliance with all City Council conditions, with
the Zoning Ordinance, and with BAR review and approval) with
the site layout plan, landscape plan, and architectural drawings
submitted and revised through December 11, 1998, with the
following modifications:
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Provide appropriate enclosures for all dumpsters on site.
Increase the proposed size of new trees to be planted to be 3-
3 ½ inch diameter at breast height.
The applicant shall remove the easternmost pylon sign that
reads "University Shopping Center" prior to issuance of a
certificate of occupancy for any proposed new retail space on
the site, or nine months from the date of this approval,
whichever occurs first. Prior to issuance of a demolition permit
for the existing retail space that houses the Pfaltzgraff retail
store, the applicant shall remove the Pfaltzgraf sign face from
the westernmost pylon sign on the site. The applicant shall
continue to use its best efforts and work in good faith with the
existing major tenant in the shopping center to remove the
westernmost existing pylon sign that reads "T.J. Maxx" prior
to July 31, 2004. Until the pylon structures are removed, any
permissible new sign face on the existing pylon signs shall be
designed to harmonize with the signage plan required in 2(d).
In any case, by July 31, 2004, the applicant shall remove all
pylon signs from the site.
Prepare and submit to the Board of Architectural Review a
signage plan for the shopping center. All shopping center
signage shall be coordinated and related to this signage plan,
which shall be appropriately designed for its location near the
City's National Register and Virginia Landmark Historic
District.
Replace the existing parking lot lighting with fixtures
complementary to the project and appropriate to the transition
district, subject to review and approval of the Board of
Architectural Review.
Design a complete on-site pedestrian circulation system plan to
provide a safe and convenient network of marked pathways and
crossings using a combination of painted markings and
textured paving subject to review and approval by the Director
of Community Development and Planning and the Director of
Public Works, prior to site plan approval. This plan should
include proposed locations for bicycle parking racks and a
well-designed, attractive connection, distinct from the parking
lot asphalt, to the trail segment between Main Street and the
north property boundaries.
Install city-standard gas lights along the frontage, instead of the
acorn lights shown on the plans.
Provide a parcel pick-up area adjacent to the proposed grocery
store. Alternatively, the applicant shall commit to preparation
and maintenance of an "employee roll-out" program whereby
customers are escorted to their vehicles with a grocery store
employee who will return carts to the store from the parking
lot.
Revise the plans to provide all-brick sidewalks from the project
entrance at the future traffic signal location westward,
continuing along the East Street frontage to the northern
property boundary.
Revise the plans to include more extensive use of a "knee
wall" concept along the Main Street frontage. While the "knee
wall" does not have to be continuous, it should be augmented
to improve upon the sense of" massing" along these frontages,
with intermittent plantings to provide softening of the
landscape and a continuous screen for the parking area.
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The applicant will close the easternmost entrance at the time of
the installation of the Main Street traffic signal, ensuring the
applicant will make the landscaping improvements in the area
where the easternmost entrance will be closed.
The applicant shall, at its sole expense, install a traffic signal, with
appropriate pedestrian signals, subject to review and approval of
the Director of Public Works, at the location noted on the
conceptual development plan for "future traffic signal location."
Alternatively, the applicant shall contribute the sum of $75,000
prior to the site plan approval, to be used by the City of Fairfax to
install a signal at this location. The light should be installed as
soon as possible to accommodate construction traffic.
The applicant shall, at its sole expense, install a CUE bus shelter at
a location acceptable to the Director of Public Works and the
Director of Community Development and Planning. Such shelter
shall be designed to match the design of the kiosks at the entrances
to the shopping center, subject to review and approval of the Board
of Architectural Review.
The Applicant will pay to the City of Fairfax the cost of a textured
crosswalk made of brick pavers or other similar materials across
East Street in a location that will tie in to the subject property's
pedestrian circulation system at the time of site plan approval.
The applicant shall incorporate into the redevelopment of the
shopping center traditional materials with a high quality of
architecture that is sensitive to the Old Town Fairfax context.
Because the new building proposed for the East Street frontage,
with brick plaza and pedestrian connections, is critical to the
design of the shopping center and its relationship to Old Town
Fairfax, the applicant shall ensure that this building is constructed
as proposed, and that a substantial portion of the building is two-
story with store fronts on East
Street and at least one pedestrian entrance on East Street.
Construction of this building shall commence within 12 months of
obtaining building permits for construction of the proposed grocery
store on the site.
At a minimum, the applicant shall renovate the shopping center as
follows: reconstruct, resurface and restripe the parking area, and
install all proposed landscaping and lighting for the entire
shopping center concurrent with any new construction on the site.
Further, the applicant shall, within 18 months of obtaining building
permits for construction of new retail space on the site, commence
to renovate the remaining existing retail space, currently housing
T.J. Maxx (to the east of the proposed grocery) and the
freestanding eastern building on the site. Renovation of existing
buildings shall complement the proposed new construction in the
rest of the shopping center.
A minimum of 375 parking spaces shall be provided on the site.
The special exception for parking will allow the proposed uses
(92,300 square feet of retail and 5,000 square feet of restaurant
with 90 seats and 30 employees), and will allow an additional
future restaurant use up to 8,000 square feet (with up to 120 seats
and 45 employees) to replace 8,000 square feet of proposed retail
uses.
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The applicant shall ensure that the property is regularly monitored
and maintained for trash removal (dumpster, litter and
miscellaneous debris). In addition, the applicant shall regularly
monitor the property to ensure that grocery carts are not left out in
the parking lot areas of the center and are stored in a manner that
they are concealed from the public view.
The applicant shall ensure that all landscaped plantings and grass
areas, as well as decorative walls, retaining walls, asphalt,
pedestrian walkways, kiosks, and other landscape features shall be
maintained in good condition and in conformance with City
standards.
Adopted this 12th day of October, 1999.
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