City Council Meeting

Melissa ShinaberryclerkCouncil Member Lim? Aye. Council Member Ross? Aye. Council Member Greenfield? Aye. Motion passed unanimously. We will go to our first public hearing. It's a public hearing and council action on a request from ABTB Mid-Atlantic LLC applicant by Catherine Taylor, agent slash attorney, for consideration of an amendment to the Zoning and General Development Plan for Boulevard Marketplace Shopping Center at the premises identified as 10140-10160 Fairfax Boulevard in Paren's Tax Map 47-4-23-000-A and 10120 Fairfax Boulevard in Prince tax map 47-4-23-000-d and the CR commercial retail district and architectural control overlay and print a COD a special use permit to allow a restaurant with a drive-through facility a special exception to provide an interior landscape island

Albert Frederickstaffalong fairfax boulevard and also interior to the site the applicant proposes a 2 900 square foot fast food restaurant with 20 seats and a drive-through window which requires a special use permit the general development plan shows the drive-through facility that wraps around the around the building and in the parking lot for the customers so the proposed drive-through facility has 13 spaces from drive-through window on the west side of the building and nine spaces from the order station the requirement is 10 stacking spaces the applicant has proposed a total of 13 stacking spaces the applicant has provided nine spaces adjacent to the entrance to the of the east side of the building and 11 spaces along Fairfax Boulevard for a total of 20 spaces the

that is closer than what's being proposed tonight staff has received recommendation of approval from the Board of Architecture review for the subject property with conditions staff is recommending approval of the zoning and general development plan amendment staff is recommending approval of a special use permit with conditions and also staff is recommending approval of the special exceptions with conditions that's the end of the presentation and i'll stand by for any questions you may have

Jeffrey GreenfieldThank you, Mayor. I appreciate your answer. I think we're going to get at this two ways. One, Taco Bell accountability, but two, if the maker of the motion tonight is amenable to an additional condition that I will add, we will have a condition as part of the special use permit that will require them to monitor this on an annual basis to ensure, on a daily basis. but it is a condition of approval. If they get to a point that they are out of compliance, technically their special use permit could be revoked to operate because they aren't adhering to that condition. So I think you've got two different sides to try to work this issue of stacking.

Thomas RossRight. As a part of the special use permit. In other words, you would be beholden to the special use permit that this would be taking place every day.

Speaker 15yeah certainly we're going to take steps to make sure that we can push the cars through as quickly as we can whatever would be in the special use permit that is something that i would want to review and make sure that it's something that we could comply with i wouldn't want to tell you something and then review the special use permit or review whatever restrictions are in there and then us not be able to respond to that appropriately i'm confident that we are going to be able to achieve what the council wants and what the city and our customers want however I want to double check the language in the agreement prior to being able to say this is something that we 100% can comply with.

Jeffrey Greenfieldthis is the condition that speaks to addressing the the problem of having cars back out out of the the aisle into the rest of the shopping center correct and and so this is something that's going to be dealt with on a daily basis and will become condition number two if the council agrees to to add that to your overall special use permit approval process yes

Catherine Readokay is there a motion for the special use permit councilmember Ross

Thomas Rossyes thank you mayor I move that the city council approve the request of a b tv mid-atlantic llc for a special use permit promote pursuant to city code section 3.55 dot c parentheses accessory use table for drive-through windows facilities in cr commercial retail district while maintaining the architectural control overlay district in the premises known as Parcel D of the Boulevard Marketplace Shopping Center and more particularly described as 10120 Fairfax Boulevard and more particularly described as Tax Map 47-4-23-00D with the following conditions. One, development shall be in conformance with the general development plan.

Jeffrey GreenfieldThank you, Mayor. I'd like to add an additional condition, so it would be condition number two to the special use permit approval. The applicant will monitor the length of the drive-through vehicle stacking by installing a dedicated camera system and will manage the vehicle stacking within the drive-through lane to ensure the vehicles waiting in the queue will not obstruct the drive aisle or otherwise impede the internal traffic circulation of the shopping center. In addition, notwithstanding what is shown on the approved general development plan and special use permit plat, signage or provide pavement markings south of the drive-through entrance that warns motors do not block the shared drive aisle. Such signage will be subject

But I'm confident that you all have worked and you've listened and you'll continue to listen. And so for that reason, I will continue to support this special use permit. Thank you, Mayor.

Anna Colebrennerstaffgood evening mayor and council this is a public hearing for tommy's car wash the site is located at 9917 Fairfax Boulevard. The applicant submitted a formal application in August 2023. There was a work session with the city council in January 2024. The Board of Architectural Review recommended approval on April 17, 2024. The plans submitted for tonight's consideration were submitted November 2024. We are currently in the public hearing phase of the application. the applicant is requesting a special use permit to allow vehicle service three special exceptions to allow exterior vacuums modification to the street tree requirement modifications to the ty3 transitional yard and a major certificate of appropriateness

staff recommends that the City Council approve the request for a major certificate of appropriateness special use permit and special exceptions and that concludes my presentation thank you

Robert BrantapplicantSure. Sure, so the City of Fairfax's zoning ordinance does not require planning commission input for special use permit applications, which this is. I work in a handful of other jurisdictions throughout Northern Virginia. In some cases, those jurisdictions do require planning commission review in addition to, for example, Board of Supervisors' review for certain uses. And so it really depends. The city is just, by virtue of its zoning ordinance, does not have that requirement. So we did not proceed to the Planning Commission. That's not to say that we wouldn't if the requirement were there, but this application itself, because of the nature of it, did not require Planning Commission review.

Catherine ReadThank you. Any other discussion? All right. There are a series of motions for this item. Is there a motion for the special use permit, Council Member Ross?

Thomas RossThank you, Mayor. I move that the City Council approve the request of Olympus Pines, LLC, for a special use permit pursuant to City Code Section 110-3.3 to allow vehicle service in the CR Commercial Retail Zone District on the premises known as 9917 Fairfax Boulevard, Max map parcel 48-3-13-001, with the following conditions. One, the operation of this establishment shall be consistent with the application, statement of justification, and plans. The zoning administrator shall be enabled to approve minor changes.

Billy Batesthank you I'd like to note on the special use permit the conditions that we will be approving that the special use permit is subject to include consistency with the statement of justification and to paraphrase parts of that the the applicant has committed to taking measures on the site to ensure, as their words always, ensure that queuing will not occur out onto Fairfax Boulevard. And again, credit to the applicant for being responsive to concerns expressed early on in the process. and additionally I'd like to again reemphasize that if the applicant were to choose to develop this site by right or sell it to someone who would we could see much more than a 45% decrease in tree canopy on this site

Melissa Shinaberryclerkour next public hearing is a public hearing and council action on a request from pathway homes and corporation applicant by molly navanti agent for consideration of a special use permit to allow upper story residential slash mixed uses at the premises identified as 4010 university drive in parents tax map 57-4-02-087-b in the cr commercial retail zoning district and old town Fairfax Historic Overlay District Jason Suffin Community Development Division Chief will provide the staff presentation

Jason Suffinstaffput me up here and of course I break everything thank you and good evening The application before you tonight is a special use permit that would allow upper story residential above an office on the first floor. The property is located in the commercial retail zoning district and this requires a special

applicants overall goal is to build 15 dwelling units here with eight on the second floor and seven on the third floor I've highlighted this as there is a discrepancy in applicants plans the dimensional table has inaccurately depicted that the density is 10 units per acre while they're only proposing 15 units the site is just over half an acre it's actually 28 dwelling units per acre which exceeds what the ordinance allows by right at 20 the applicant will speak more as to their immediate needs and why they wish to move forward with the special use permit to achieve the 15 would require that they come back for a special exception for five more units so they can they they're seeking approval of 10 units at this

ordinance there is no site plan required because of such what you see here is an app it barely shows up in red along the property boundaries of Sager Avenue University Drive the applicant is proposing a dedication for a public access easement for the city to construct in the future widen sidewalks and to allow and accommodate for utility work which could also include future undergrounding efforts by the city all of the landscaping the retaining walls brick walls decorative walls that are on the site will remain intact there is one tree that's been noted by the urban forester that's went missing over the last 40 years so that will be replanted on the property and staff has provided three recommendations for this special use permit that the operation be

consistent with the statement support and the plans zone administrator be able to make minor deviations that the public access easement is codified here and the third is in relation to what the applicant has requested moving forward at this time with a special use permit rather than waiting it would allow for consistency with in performance to the zoning ordinance where no more than 10 dwelling units would be allowed because of the density ratio of 20 per acre

this case. The applicant is here with the presentation and can certainly explain in more detail their desire for the special use permit at this point and the bifurcation of the process. Thank you.

Catherine Readokay I will close the public hearing council are there any questions of the staff or the applicant okay if there is there a motion for the special use permit council members daily thank you mayor

Jon Stehle JrReed I move the City Council approve the request by of pathway homes Inc. applicant for a special use permit pursuant to City Code Section 110-3.5.1.D to allow upper story residential slash mixed uses in the CR Commercial Retail Zoning District on the premises known as 4010 University Drive and more particularly described as Tax Map Parcel 57-4-02-087-B with the following conditions. One, the operation of this establishment shall be consistent with the application, statement of purpose of support and plans. The zoning administrator shall be enabled to improve minor changes. Two, the public access easement along University Drive and Sager Avenue, as shown on the plan to accommodate future sidewalk widening and undergrounding of utilities, shall be recorded