CITY OF FAIRFAX. Agenda Item 8a With Amended Motions. Department of Community Development & Planning

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1 Agenda Item 8a With Amended Motions CITY OF FAIRFAX Department of Community Development & Planning Rezoning Request Z , Special Exception Request SE , Variance Request V and Comprehensive Plan Amendment Request CITY COUNCIL PUBLIC HEARING DATE September 8, 2015 APPLICANT AGENT David S. Houston Attorney-in-fact PARCEL DATA Tax Map IDs , C and A Street Addresses 9450 and 9464 Silver King Court Zoning Districts CPD APPLICATION SUMMARY The applicant proposes to construct 80 residential multifamily units in two four story buildings with partial underground parking. The application is dependent on a Comprehensive Plan Amendment, an amendment to the existing General Development Plan for the Commercial Planned Development as approved in 2004, special exceptions and variances. A complete list of land use requests is provided on page 7 of this report. STAFF RECOMMENDATION Staff recommends approval of the comprehensive plan amendment, rezoning request and the related special exceptions and variances subject to the proffers dated September 1, 2015 and the following conditions: 1. Development of the subject site shall be in substantial conformance with the attached plans dated December 23, 2014, revised on September 1, 2015 and further revised on September 8, 2015, as may be modified by the City Council. 2. At initial construction, the development shall include no more than sixteen (16) three-bedroom units and no fewer than (16) one-bedroom units. 3. No further parking reductions shall be permitted in the CPD area so long as the reciprocal parking agreement as defined in note 23 on Sheet 1 of the GDP is in place. City Hall Armstrong Street Room 207 Fairfax Virginia (FAX)

2 Generalized Development Plan Sheet 1 of 14

3 SAMPLE MOTION 15A COMPREHENSIVE PLAN AMENDMENT APPROVAL I MOVE THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION AMENDING OF THE COMPREHENSIVE PLAN OF THE CITY OF FAIRFAX, VIRGINIA TO CLASSIFY AS MIXED-USE ON THE FUTURE LAND USE MAP THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS THROUGH , B, C AND A, COMPRISING APPROXIMATELY 9.12 ACRES.

4 SAMPLE MOTION 15B GENERAL DEVELOPMENT PLAN AMENDMENT Z APPROVAL WITH CONDITIONS BASED ON THE PUBLIC CONVENIENCE, WELFARE AND GOOD ZONING PRACTICE, I MOVE THAT THE CITY COUNCIL ADOPT THE ATTACHED ORDINANCE TO APPROVE THE APPLICATION OF IDI-RJL DEVELOPMENT, LLC, BY DAVID HOUSTON, ATTORNEY-IN-FACT, FOR A PROFFER PLAN/GENERAL DEVELOPMENT PLAN AMENDMENT; SUBJECT TO THE GENERAL DEVELOPMENT PLAN REVISED SEPTEMBER 1, 2015 AND FURTHER REVISED ON SEPTEMBER 8, 2015 AND PROFFERS REVISED SEPTEMBER 1, 2015, ON THE LAND KNOWN AS 9431 TO 9495 SILVER KING COURT, INCLUSIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS THROUGH , B, C AND A, WITH THE FOLLOWING CONDITIONS. 1. Development of the subject site shall be in substantial conformance with the attached plans dated December 23, 2014, and last revised on September 1, 2015 and further revised on September 8, 2015, as may be modified by the City Council. 2. At initial construction, the development shall include no more than sixteen (16) three-bedroom units and no fewer than (16) one-bedroom units. 3. No further parking reductions shall be permitted in the subject CPD area so long as the reciprocal parking agreement as defined in note 23 on Sheet 1 of the GDP is in place.

5 SAMPLE MOTION 15C SUBDIVISION VARIANCES V APPROVAL WITH CONDITIONS I MOVE THAT THE CITY COUNCIL APPROVE THE REQUEST OF IDI-RJL DEVELOPMENT, LLC, BY DAVID HOUSTON, ATTORNEY-IN-FACT, FOR VARIANCES TO THE SUBDIVISION ORDINANCE PURSUANT TO SECTION TO ALLOW PRIVATE ACCESSWAYS TO BE LESS THAN THIRTY (30) FEET IN WIDTH, AND TO ALLOW PRIVATE ACCESSWAYS WITHOUT SIDEWALKS ON BOTH SIDES, ON THE PREMISES KNOWS AS 9431 TO 9495 SILVER KING COURT, INCLUSIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS THROUGH , B, C AND A SUBJECT TO THE FOLLOWING CONDITIONS: 1. Development of the subject site shall be in substantial conformance with the attached plans dated December 23, 2014, and last revised on September 1, 2015 and further revised on September 8, 2015, as may be modified by the City Council.

6 SAMPLE MOTION 15D SPECIAL EXCEPTION SE APPROVAL WITH CONDITIONS I MOVE THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION TO APPROVE WITH CONDITIONS THE SPECIAL EXCEPTION REQUESTS OF IDI-RJL DEVELOPMENT, LLC, BY DAVID HOUSTON, ATTORNEY-IN-FACT, TO: 1. INCREASE THE MAXIMUM BUILDING HEIGHT TO MORE THAN FIVE STORIES OR 60 FEET; 2. INCREASE THE MAXIMUM DENSITY TO MORE THAN FOUR DWELLING UNITS PER ACRE AND ALLOW LESS THAN 1,000 SQUARE FEET OF OFFICE SPACE PER RESIDENTIAL UNIT FOR THE ENTIRETY OF THE COMMERCIAL PLANNED DEVELOPMENT; 3. ALLOW RESIDENTIAL PARKING TO BE LOCATED ON A SEPARATE PARCEL FROM THE PRINCIPAL USE PER SECTION (C); 4. ALLOW PARKING ADJACENT TO A PROPERTY LINE WITHOUT THE REQUIRED LANDSCAPE BUFFER. FOR DEVELOPMENT OF THE PROPERTY LOCATED AT 9431 TO 9495 SILVER KING COURT, INCLUSIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS THROUGH , B, C AND A WITH THE FOLLOWING CONDITIONS: 1. Development of the subject site shall be in substantial conformance with the attached plans dated December 23, 2014, and last revised on September 1, 2015 and further revised on September 8, 2015, as may be modified by the City Council. 2. At initial construction, the development shall include no more than sixteen (16) three-bedroom units and no fewer than (16) one-bedroom units. 3. No further parking reductions shall be permitted in the subject CPD area so long as the reciprocal parking agreement as defined in note 23 on Sheet 1 of the GDP is in place.

7 SAMPLE MOTION 15E COMPREHENSIVE PLAN AMENDMENT DENIAL I MOVE THAT THE CITY COUNCIL NOT ADOPT THE ATTACHED RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF FAIRFAX, VIRGINIA TO CLASSIFY AS MIXED-USE ON THE FUTURE LAND USE MAP THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS THROUGH , B, C AND A, COMPRISING APPROXIMATELY 9.12 ACRES.

8 SAMPLE MOTION 15F GENERAL DEVELOPMENT PLAN AMENDMENT Z DENIAL BASED ON THE PUBLIC CONVENIENCE, WELFARE AND GOOD ZONING PRACTICE, I MOVE THAT THE CITY COUNCIL NOT ADOPT THE ATTACHED ORDINANCE TO APPROVE THE APPLICATION OF IDI-RJL DEVELOPMENT, LLC, BY DAVID HOUSTON, ATTORNEY-IN-FACT, FOR A PROFFER PLAN/GENERAL DEVELOPMENT PLAN AMENDMENT; SUBJECT TO THE GENERAL DEVELOPMENT PLAN REVISED SEPTEMBER 1, 2015 AND FURTHER REVISED ON SEPTEMBER 8, 2015 AND PROFFERS REVISED SEPTEMBER 1, 2015, ON THE LAND KNOWN AS 9431 TO 9495 SILVER KING COURT, INCLUSIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS THROUGH , B, C AND A FOR THE FOLLOWING REASONS: (City Council to choose from the following sample reasons) The applicant s proposal is not consistent with the Comprehensive Plan and other adopted City goals and policies; The applicant s proposal will adversely impact the safety and movement of vehicular traffic upon adjacent streets; The applicant s proposal will adversely impact the serenity of the neighborhood; The applicant s proposal will adversely impact adjacent property or the surrounding area; or The applicant s proposal will adversely impact the safety and welfare of residents living in the area

9 SAMPLE MOTION 15G SUBDIVISION VARIANCES V DENIAL I MOVE THAT THE CITY COUNCIL DENY THE REQUEST OF IDI-RJL DEVELOPMENT, LLC, BY DAVID HOUSTON, ATTORNEY-IN-FACT, FOR VARIANCES TO THE SUBDIVISION ORDINANCE PURSUANT TO SECTION TO ALLOW PRIVATE ACCESSWAYS TO BE LESS THAN THIRTY (30) FEET IN WIDTH, AND TO ALLOW PRIVATE ACCESSWAYS WITHOUT SIDEWALKS ON BOTH SIDES, ON THE PREMISES KNOWS AS 9431 TO 9495 SILVER KING COURT, INCLUSIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS THROUGH , B, C AND AFOR THE FOLLOWING REASONS: (City Council to choose from the following sample reasons) The applicant s proposal is not consistent with the Comprehensive Plan and other adopted City goals and policies; There are no extraordinary or exceptional situations or conditions requiring a variance of the requested sections.

10 SAMPLE MOTION 15H SPECIAL EXCEPTIONS SE DENIAL I MOVE THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION TO DENY THE SPECIAL EXCEPTION REQUESTS OF IDI-RJL DEVELOPMENT, LLC, BY DAVID HOUSTON, ATTORNEY-IN-FACT, TO: 1. INCREASE THE MAXIMUM BUILDING HEIGHT TO MORE THAN FIVE STORIES OR 60 FEET; 2. INCREASE THE MAXIMUM DENSITY TO MORE THAN FOUR DWELLING UNITS PER ACRE AND ALLOW LESS THAN 1,000 SQUARE FEET OF OFFICE SPACE PER RESIDENTIAL UNIT FOR THE ENTIRETY OF THE COMMERCIAL PLANNED DEVELOPMENT; 3. ALLOW RESIDENTIAL PARKING TO BE LOCATED ON A SEPARATE PARCEL FROM THE PRINCIPAL USE PER SECTION (C); 4. ALLOW PARKING ADJACENT TO A PROPERTY LINE WITHOUT THE REQUIRED LANDSCAPE BUFFER. FOR DEVELOPMENT OF THE PROPERTY LOCATED AT 9431 TO 9495 SILVER KING COURT, INCLUSIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS THROUGH , B, C AND A FOR THE FOLLOWING REASONS: (CITY COUNCIL TO CHOOSE FROM THE FOLLOWING REASONS) The requests are not consistent with the Comprehensive Plan and other adopted city goals and policies; The requests are not appropriate given the size and shape of the lot and the lot s site design; The requests will result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety; The requests will adversely impact adjacent property or the surrounding area; The requests will adversely impact the safety and welfare of residents living in the area; and The requests are not in harmony with the general purpose and intent of the applicable article of Chapter 110 of the City Code.