R-14-24 RESOLUTION NO. R-14-24
RESOLUTION TO APPROVE THE SPECIAL EXCEPTION REQUESTS BY
COMBINED PROPERTIES LIMITED PARTNERSHIP, BY KATHERINE D.
ROBERSON, AGENT, ON THE PREMISES KNOWN AS 9444-9494 AND 9500-9544
FAIRFAX BOULEVARD AND MORE PARTICULARLY DESCRIBED AS TAX MAP
PARCELS 48-3-02-011, 48-3-06-001, AND A PORTION OF TAX MAP PARCEL 48-3-
001-36a.
WHEREAS, Combined Properties Limited Partnership has submitted Application No.
SE-13040061 requesting Special Exceptions to:
1. City Code Section 110-153 (4) to permit parking area entranceways greater than 30
feet in width;
2. City Code Sections 110-155(b)(1)c. & Sec. 110-155(b)(3)n. & o. to reduce the
number of required parking spaces;
3. City Code Section 110-255(1)to permit less than 10% on-site tree canopy;
4. City Code Section 110-258 to modify the required screening;
5. City Code Section Sec. 110-259(A)(1)(a) modify the surface parking area perimeter
landscaping requirements;
6. City Code Section 110-783(2) to increase the maximum building height to 85 feet
where height is limited to 60 feet;
7. City Code Section 110-783(3)(a) to reduce the minimum front yard and bulk plane
angle;
8. City Code Section 110-783(3)(b)(1) to reduce the minimum required side yards to be
less than 10 feet;
9. City Code Section 110-783(4) to reduce the required 25-percent landscaped open
space;
10. City Code Section Sec. 110-783(5)(a) to increase the maximum floor area ratio (FAR)
above the 0.7 permitted by code;
11. City Code Section 110-783(5)(b) to increase the maximum gross floor area and lot
coverage for buildings and parking structures to exceed 70-percent;
12. City Code Section 110-181(b) to reduce the required setback for ground mounted
signage to as little as zero feet and to be located within the public rights-of-way;
13. City Code Section 110-180(b)(2)a.1 to allow up to four ground-mounted shopping
center identification signs (those signs proposed within the City) at a maximum height
of up to 10 feet and at a maximum area of up to 80 square feet to also list the names of
tenants, and ten building mounted identification 200 square feet in area;
14. City Code Section 110-179(a)(4)to allow building mounted signage to extend beyond
building edges and rooflines;
15. City Code Section Sec. 110-179(a)(6) to allow building mounted signage to project up
to four feet from building face on which they are attached;
16. City Code Section 110-179(b) to allow illuminated signage within 300 feet of a
residential
district to be illuminated between 10:00pm and 6:00am;
17. City Code Section 110-180(b)(2)a.2. and 110-181(a)to allow building mounted tenant
signage to exceed 1.5 square feet per each linear foot of building frontage and to
exceed 150 square feet per tenant, and to allow signage on walls that are not defined as
building frontage;
18. City Code Section . 110-180(b)(1)to allow window signs of up to 45 square feet with
no maximum percentage of coverage;
19. City Code Section110-181(a) to allow building mounted two-sided projecting
residential or leasing signs of up to 10 square feet per side;
20. City Code Section 110-180(b)(2)a.1. to allow 10 building mounted identification signs
exceeding a maximum of 50 square feet each;
21. City Code Section 110-182(2) to allow three temporary leasing banners of up to 80
square feet each to extend beyond 90 days;
22. City Code Section 110-181(a) to allow a 1,260 square-foot 20-foot tall ground
mounted civic sign that may also be partially attached to the building; and
23. City Code Section110-183(12)to allow a temporary sandwich board sign to be located
outside of the Historic Overlay District.
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, as modified by the condition of approval, meets the
requisites established by City of Fairfax Code Sections 110-263, 110-185, 110-783, and 110-
366 for the following reasons:
1) The proposed development will not be inconsistent with the comprehensive plan, the
community appearance plan and the purpose of this division, and otherwise will not
result in inadequate on-site amenity or any condition which will adversely affect
nearby property.
2) The applicant has demonstrated that the sign requirements contained in Section 110-
180(b)(2)a. 1. will present a unique burden due to limited visibility of the business
names on the proposed storefronts;
3) The request is consistent with the Comprehensive Plan and other adopted city
goals and policies; and
4) The request will not adversely impact adjacent property or the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 27th day of May, 2014, that Application No. SE-13040061 be and hereby is
APPROVED, with the following conditions:
1. Development of the subject site shall be in substantial conformance with the attached
Special Exception and Use Plan, associated submission materials and plans, and draft
conditions of approval submitted by the applicant and with a revised date of May 19,
2014, as further amended through May 27, 2014.
2. As necessary or required, construction of the proposed streetscape, landscaping and
service drive improvements located within any portion of the Fairfax Boulevard right-
of-way that is owned by the Virginia Department of Transportation (VDOT) shall be
subject to review by VDOT as part of final site plan approval. In the event such
improvements or design modifications are deemed by the Zoning Administrator to be
not in substantial conformance with the attached Special Exception and Use Plan, then
the applicant will be required to return to the City Council to secure approval of
appropriate amendments to the Special Exception and Use Plan.
3. Ground mounted identification signage shall be limited to the two A8 signs that are
proposed within the City of Fairfax, as depicted on sheet 7 of the Sign Plan. These
signs shall be located a minimum of three feet from the public rights-of-way, shall not
impede sight visibility, and the final design and placement shall be subject to review
and approval of the Board of Architectural Review. Signs located in the public rights-
of-way shall be prohibited.
4. The illumination of all signage shall be limited to the hours of 6:00am to 12:00am,
except for signage that is illuminated by an external light source, provided that in the
event the proposed grocery store is open for business beyond the hours listed above it
may elect to illuminate no more than two (2) building mounted signs, with the
exception of G1, to correspond with its actual hours of operation.
5. Building identification signage, as shown on sheet 10 of the Sign Plan, shall be limited
to five A2 and two Al signs. Final placement and design shall be subject to review
and approval by the Board of Architectural Review.
6. Temporary leasing banners may be installed in the locations depicted on sheet 30 of
the Sign Plan, or in locations approved by the Director of Community Development &
Planning, following substantial completion of the exterior façade of the building to
which such banner is to be affixed. The temporary leasing banners shall be limited to
no more than two and shall be removed no later than one year following the initial
occupancy of the first residential unit in the building to which such banner is affixed,
provided that the applicant shall be permitted to continue the display of the temporary
leasing banner for a single six month period if at the end of the one year term the
residential occupancy in such building is below 90-percent(90%).
7. The proposed single sandwich board shall be placed on the subject site's property and
shall not impede pedestrian accessibility or impact driver visibility.
8. The "Welcome to the City of Fairfax Sign" shall be constructed as generally depicted
on page 33 of the Sign Plan. The applicant shall provide the director of Community
Development and Planning with adequate evidence to ensure the sign does not
encroach into the public right-of-way.
9. All signage shall be subject to the approval of sign permits by the Zoning
Administrator prior to their installation.
10. The applicant shall contribute a maximum total amount of$250,000 to the City to be
used for capital and/or operating costs associated with the provision of CUE bus
service to serve the application property. The contribution shall be made in two (2)
equal installments of $125,000 each. The first payment shall be paid prior to the
issuance of the first residential use permit for the first residential building and the
second payment shall be paid prior to the issuance of the first residential use permit in
the second residential building.
Adopted this 27th day of May, 2014.
Y77)<::
Mayor
ATTEST:
ity Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Nay
Councilman Stombres Aye