19900522 r-90-16RESOLUTION NO. R-90-16
A RESOLUTION TO APPROVE THE REQUEST OF B. F. SAUL REAL
ESTATE INVESTMENT TRUST BY NICHOLAS T. EXARHAKIS,
ASSISTANT VICE PRESIDENT, FOR SPECIAL EXCEPTIONS TO
CHAPTER 26 OF THE CITY CODE ON THE PREMISES KNOWN AS THE
SHOPS OF FAIRFAX (FORMERLY THE OUTLET MALL), 10710 LEE
HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX MAP 57-1-
((2))-60.
WHEREAS, B. F. Saul Real Estate Investment Trust by NiCholas
T. Exarhakis, Assistant Vice President, has submitted application
No. SE-72-90-1 requesting Special Exceptions to the City Code
listed below:
1. Section 26-24(k): To allow a site reconstruction without
the required undergrounding of existing utility lines;
2. Section 26-39.7(a): To allow a 20 percent reduction in
the parking requirement for a shopping center;
3. Section 26-43(a)(3): To allow a ground-mounted
identification sign to be setback 12 feet from the
property line where a 20-foot setback is required; and
4. Section 26-173(d): To allow landscaped open space of 24
percent where 25 percent landscaped open space is
required.
WHEREAS, City Council has determined that the proposed Special
Exception is appropriate because the proposed development meets the
requisites established by City of Fairfax Code Sections 26-24(k),
26-39(a) (1), 26-48(b) (1)&(2) and 26-173(f) (2) for the following
reasons:
Section 26-24(k): The cost of placing overhead utilities
underground exceeds 5 percent of the cost.
Section 26-39.7(a) (1):
(a)
The uses in the center are of such a nature that
major parking demands occur on different days of the
week or during different hours and, because of
alternative parking demands, parking spaces will be
generally available for each use in accordance with
the normally applicable standards; and
(b)
The reduction in required parking will not impair
the adequate supply of light or air to adjacent
property or unreasonably increase the congestion on
public streets, endanger the public safety, diminish
or impair established property values in the
surrounding area, or in any other respect impair the
health, safety, comfort and welfare of the
inhabitants of the City.
Section 26-48(b) (1)&(2):
(1)
The applicant has clearly demonstrated that
requirements contained in this Division will present
a unique burden due to unusual topography,
vegetation, building design or lot shape; and
(2)
The City Council has determined that the granting
of Special Exceptions will not be inconsistent with
the Comprehensive Plan or the purpose of this
Division as stated in Section 26-40.
R-90-16 -2
Section 26-173(f) (2):
(a) Will not result in a development which is
disproportionate to surrounding land uses in size
and bulk;
(b) Will not adversely affect any nearby residential
areas;
(c) Will not overburden the community facilities
existing or available or result in the obstruction
of light and air, danger and congestion in
transportation, or increase danger from fire, flood
or other hazards; and
(d) Will not be contrary to the objectives specified in
the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Fairfax on this 22nd day of May , 1990, that
application No. SE-72-90-1 be and hereby is APPROVED, subject to
the following conditions:
That street lights in conformance with the Community
Appearance Plan be installed on the Lee Highway frontage.
The underground parking area be open for use by the
public and clearly marked by signs to indicate parking
availability.
The on-site dumpsters be sited in such a manner that
there will be no loss in parking spaces beyond the 20
percent reduction approved as part of the Special
Exception application.
The yellow curb which protrudes into the right-hand
turning radius into the underground parking garage be
shortened by two feet or more to facilitate vehicular
entries.
The surface of the parking lot and access lane be
repaired and repaved as necessary to provide a smooth
surface throughout the project.
The applicant to contact the Fire Marshal to assist in
identifying and marking fire lanes in the parking area.
ADOPTED this 22nd day of May
, 1990.
ATTEST:
c rk