19990209 r-99-5RESOLUTION NO. 1999- R-99-5
RESOLUTION TO APPROVE THE REQUEST OF J.D.L.L.C., BY BERL M.
ERLICH (CONTRACT PURCHASER), FOR A SPECIAL EXCEPTION TO
CHAPTER 26 OF THE CITY CODE ON THE PREMISES KNOWN AS 10509
JUDICIAL DRIVE, AND MORE PARTICULARLY DESCRIBED AS TAX
MAP PARCEL 57-4-((02))-33.
WHEREAS, J.D.L.L.C., by Berl M. Erlich (Contract Purchaser), has submitted
Application No. SE-235-98-1 requesting a Special Exception to the City Code sections
listed below:
Section 26-39.4(b)(3)(1)- to allow 69 parking spaces where 82 are required.
Section 26-69(a)(2)(a)- to allow an 8.5'x36' planting island where a 9'x36'
planting island is required.
Section 26-69(c)- to allow a dumpster and dumpster enclosure to encroach into
the required seven-foot landscaped strip.
Section 26-168(c)(2)(a)- to allow an eight-foot side yard where a zero or ten-foot
side yard is required.
Section 26-168(c)(3)- to allow an 18.2-foot rear yard where twenty-five feet is
required.
WHEREAS, City Council has carefully considered the application, the
recommendation of the staff and testimony received at the public heating; and
WHEREAS, City Council has determined that the proposed Special Exception is
appropriate because the proposal meets the requisites established by the City of Fairfax
Code Sections 26-103, 26-39.7, 26-71.2, and 26-168(f) for the following reasons:
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Is generally consistent with the recommendations of the Comprehensive
Plan;
Is appropriate for the size, shape, and location of the site;
Would not have an adverse impact on the existing and planned use and
development of adjacent properties;
Would not have an adverse impact on the general public safety and
welfare;
Is in harmony with the general purpose and intent of the Zoning Ordinance
and Section 15.2-2283 of the Virginia Code;
Would not result in increased traffic congestion or otherwise negatively
impact existing traffic flow or pedestrian and vehicular safety;
Is necessary to permit the reasonable use of the property;
Is consistent with the Community Appearance Plan;
Is consistent with the Tree Preservation, Landscaping and Screening
Division of the Zoning Ordinance;
Would not overburden the existing or available community facilities; and
Would not result in the obstruction of light and air, danger and congestion
in transportation, or increased danger from fire, flood, or other hazards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 9th day of February, 1999, that Application No. SE-235-98-1 be and
hereby is APPROVED with the following conditions:
The applicant shall employ Transportation Demand Management
strategies, including the installation of bulletin boards in the lobby that
post CUE bus, Metro schedules, and ridesharing opportunities, to reduce
parking demand and to mitigate traffic impact.
The dumpster enclosure shall be constructed of brick on three sides with
board-on-board materials for the dumpster enclosure doors.
R-99-5
3.
The applicant shall save specified trees according to the special exception
plat, dated 9/24/98 and revised through 1/21/99, and on the landscape
plan, dated 10/28/98 and revised through 1/22/99, subject to the following
provisions:
(a) The applicant shall post a cash bond for the preservation of trees prior
to commencement of construction on the site. At the time of bond
release, the trees will be inspected by the City. If an individual tree
exhibits evidence of construction-related damage, that tree shall
remain under bond for at least an additional two years to assess its
prospects for survival and the applicant shall utilize good horticultural
practices in an effort to restore the health of the tree.
(b) Should any existing individual tree shown on the special exception
plan and landscape plan not survive the bonding period due to the
impact of construction, the applicant shall replace such tree as follows:
(i) For a tree between five (5) and fifteen (15) inches in
diameter breast height (dbh) failing to survive, two (2) trees
with a dbh of not less than three and a half(3 ½) inches
shall be provided;
(ii) For a tree sixteen (16) inches in dbh or greater failing to
survive, three (3) trees with a dbh of not less than four and
a half (4 ½) inches shall be provided.
(iii) In general, the replacement trees shall be the same species
of the failing tree, except that the applicant may substitute
trees of different species with the advice and consent of the
Zoning Administrator.
(iv) Replacement of trees shall occur: (1) if practical, at the
location of tree loss or (2) elsewhere on site (subject to
location approval of the Applicant and the City) or (3) in
the event that (1) and (2) above are not practical, off-site on
public rights-of-way along Judicial Drive or in areas
beneficial to the property, subject to approval of the City's
Director of Public Works.
(v) The applicant shall field-identify the designated trees to be
saved according to the special exception plat, dated
September 24, 1998 and revised through January 21, 1999,
for preservation prior to commencement of clearing and
grading and at all times during construction. Cleating
limits around such trees shall be fenced prior to clearing
and grading and at all times during construction. The
applicant shall employ other means reasonably necessary to
mitigate the impacts of clearing and grading, including, but
not limited to, flagging, pruning, and fertilization. Further,
the applicant shall designate an individual well versed in
tree preservation to oversee the clearing and grading
activities near the designated trees to be saved and ensure
continual protection of the trees.
The applicant shall install gas lighting fixtures every 40-50 feet along the
full frontage on Judicial Drive, subject to approval of the Director of
Public Works.
Adopted this 9th day of February, 1999.
ATTEST:
q y rk
Mayor
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