20000523 r-00-18RESOLUTION NO. 2000- R-00-18
RESOLUTION TO APPROVE THE REQUEST OF iNTERNATIONAL
REALTY & INVESTMENT, iNC., BY BERL M. ERLICH (CHAIRMAN), 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, International Realty & Investment, Inc., by Berl M. Erlich
(Chairman), has submitted Application No. SE-255-00-1 requesting a Special Exception
to the City Code Section 26-24(k) to allow waiver of the requirement to underground
utilities along the site frontage;
WHEREAS, International Realty & Investment, Inc., by Berl M. Erlich
(Chairman), has submitted Application No. SE-235-00-2 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 hearing; and
WHEREAS, City Council has determined that the proposed Special Exception
SE-255-00-1 is appropriate because the proposal meets the relevant requisites established
by the City of Fairfax Code Sections 26-103 for the following reasons:
The request is generally consistent with the recommendations of the
Comprehensive Plan;
The request is consistent with the Tree Preservation, Landscaping and Screening
Division of the Zoning Ordinance;
WHEREAS, City Council has determined that the proposed Special Exception
SE-235-00-2 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(0 for the following
reasons:
2.
3.
4.
The request is generally consistent with the recommendations of the
Comprehensive Plan;
The request is appropriate for the size, shape, and location of the site;
The request would not have an adverse impact on the existing and planned use
and development of adjacent properties;
The request would not have an adverse impact on the general public safety and
welfare;
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7.
8.
9.
10.
11.
The request is in harmony with the general purpose and intent of the Zoning
Ordinance and Section 15.2-2283 of the Virginia Code;
The request would not result in increased traffic congestion or otherwise
negatively impact existing traffic flow or pedestrian and vehicular safety;
The request is necessary to permit the reasonable use of the property;
The request is consistent with the Community Appearance Plan;
The request is consistent with the Tree Preservation, Landscaping and Screening
Division of the Zoning Ordinance;
The request would not overburden the existing or available community facilities;
and
The request 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 23rd day of May, 2000, that Application No. SE-255-00-1 be and hereby is
APPROVED with the following condition:
The applicant shall plant three new shade trees, 6"-caliper diameter at breast
height (DBH) and five new ornamental trees, 3.5" to 4"-caliper DBH along the
site, subject to review and approval by the Zoning Administrator.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Fairfax on this 23rd day of May 2000, that Application No. SE-235-00-2 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.
The applicant shall save specified trees according to the special exception plat, (titled
"Site Plan", Sheet 3 of 14), dated 8/11/99 and revised through 9/20/99, and on the
landscape plan, dated 10/28/98 and revised through 3/15/00, 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.
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(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. Clearing 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 23rd day of May 2000.
ATTEST:
Oity~rk
Mayor