City of Fairfax, Virginia City Council Public Hearing

City of Fairfax, Virginia City Council Public Hearing Agenda Item # 8a City Council Meeting 1/27/2015 TO: Honorable Mayor and Members of City Council FROM: Robert Sisson, City Manager SUBJECT: Requests of JDC Fairfax Garden LLC, owner and applicant, by Francis X. Watkins, agent, for Special Exceptions pursuant to City Code Section 110-185 to allow a ground-mounted shopping center identification sign to identify the names of individual tenants and be located closer than 10 feet from the front property line and to allow a United States flag to exceed the maximum allowable flag size of 24 square feet, in the C-2 Retail Commercial District and Highway Corridor Overlay District (HCOD) on the premises known as 9940 Fairfax Boulevard (Fairfax Boulevard Crossing) or as more particularly described as Tax Map Parcel 48-3-14-001-A. ISSUE(S): SUMMARY: City Council Public Hearing and consideration of Special Exception requests that would allow increased signage at 9940 Fairfax Boulevard in a C-2 Retail Commercial District and a Highway Corridor Overlay District. The applicant proposes signage improvements that do not meet the requirements of the City Code. The Board of Architectural Review approved improvements pursuant to a plan-ofdevelopment for redevelopment of the site but included conditions that affect aspects of the applicant s requests. The applicant intends to remove an existing monument sign and replace it with a new one that requires SE approval. The applicant also intends to fly a United States flag that due to its size also requires SE approval. FISCAL IMPACT: RECOMMENDATION: ALTERNATIVE COURSE OF ACTION: RESPONSIBLE STAFF/POC: No fiscal impact is anticipated as a result of approval of these requested Special Exceptions. Approval of the requested Special Exceptions, with conditions. City Council may instead choose to approve without conditions or deny the requests. Mike Jaskiewicz, Planner Jason Sutphin, Community Development Division Chief COORDINATION: Zoning Code Administration Commissioner of Revenue City Attorney Public Works Treasurer Police Fairfax Water ATTACHMENT: Staff Report

CITY OF FAIRFAX Department of Community Development & Planning Special Exception Request SE-14110034 PUBLIC HEARING DATE January 27, 2015 APPLICANT/OWNER JDC Fairfax Gardens LLC AGENT Frank X. Watkins, Agent PARCEL DATA Tax Map ID 48-3-14-001 A Street Address 9940 Fairfax Blvd. Zoning District C-2 Retail Commercial Highway Corridor Overlay District APPLICATION SUMMARY The Fairfax Boulevard Crossing Shopping Center proposes to replace an existing monument sign with a proposed new one and fly an oversized American flag. In order to achieve this, the applicant is seeking three Special Exceptions, pursuant to Section 110-185 that would: Allow a new ground-mounted monument sign to be located 5.6 feet from a front lot line where the required minimum setback distance is 10 feet; Allow a new ground-mounted monument sign to both identify the site s shopping center and also identify individual tenant names; and Allow a United States flag of 40 sq. ft. to be flown on a flagpole where such a flag cannot exceed 24 sq. ft. in area. RECOMMENDATION Staff recommends approval of the Special Exceptions subject to the following conditions: 1. The proposed monument sign shall be in substantial conformance with the attached Special Exception Plat (prepared by Walter L. Phillips and dated 01-06-2015) and Flag Plan (prepared by Bignell Watkins Hauser and dated 9-25-2012) and Double-Sided Monument Sign Plan sheet A-1.1 (prepared by Bignell Watkins Hauser and dated 10-30-2014). 2. The ground mounted monument sign structure shall not exceed six feet in height, six feet two inches in overall length, and 12 square feet in tenant sign area nor be located closer than 5.6 feet from the site s front property line. 3. The American flag approved to fly from the site s flag pole shall not exceed 40 square feet in area (5 x 8 ), and shall preclude the use of any other flags.

Special Exception SE-14110034 Page 2 BACKGROUND INFORMATION The subject property, Fairfax Boulevard Crossing, is zoned C-2 Retail Commercial District and Highway Corridor Overlay District. The 1.1163-acre site is currently developed as a retail shopping center. This shopping center comprises a new square-shaped building with two tenant spaces estimated to make up a total of 6,579 square feet of retail space and a site with associated facilities, including 63 parking spaces, a trash enclosure, and a 40-foot tall flag pole. The site s current owner received Board of Architectural Review (BAR) approval on March 19, 2014. Included in this BAR approval was the approval of the proposed building architecture and site layout and design, and the approval of a 40-foot-tall flag pole. However, the BAR approval was conditioned such that no signage could be installed until a master sign plan was approved for the site. Subsequently, on September 3, 2014 the BAR approved a Master Sign Plan for Fairfax Boulevard Crossing that also included a condition restricting the area of any flags to no more than 24 square feet in area, so as to be consistent with City Code. The site s former owner received two Special Exceptions that addressed the site s existing groundmounted monument sign. SE-331-02-1 was approved in part on October 8, 2002. It was conditioned to allow a ground-mounted sign with a brick base to not exceed 30 square feet in area (including its base) and 8.5 feet in height. It was also conditioned that the sign would be located a minimum of 30 feet from the site s driveway and set back five (5) feet from the property line. SE-331-03-2 was approved on January 28, 2003 and was conditioned to allow a ground-mounted sign to not exceed 48 square feet in area (a 30-square-foot sign with an 18-square-foot base) eight (8) feet in height and to be located a minimum of 30 feet from the site s driveway and set back seven (7) feet from the front property line. The subject site is surrounded by lands zoned to the Highway Corridor Overlay District (HCOD). C-2 Retail Commercial zoned property lies to the east (PJ Skidoo s restaurant), to the west is open space associated with Accotink Creek, lands to the south include open space associated with Accotink Creek, R-2 Residential property associated with the Rebel Run roadway right-of-way that is part of Fairfax High School, and land to the north is zoned I-1 Industrial (associated with the Fairfax Racquet Club). Adjacent Properties Direction Existing Zoning North South East West I-1 Industrial, HCOD R-2 Residential, C-2 Retail Commercial, HCOD C-2 Retail Commercial, HCOD C-2 Retail Commercial, HCOD Current Use Commercial Open Space, Institutional, Retail- Commercial Retail- Commercial Open Space, Comprehensive Plan Future Land Use Designation Open Space Conservation, Business-Commercial Open Space Conservation, Business-Commercial, Institutional Business-Commercial Open Space-Conservation 2

Special Exception SE-14110034 Page 3 THE PROPOSAL The applicant proposes Special Exceptions that will generally complete Fairfax Boulevard Crossing, which include: Removing and replacing the existing ground-mounted monument sign with a new groundmounted monument sign that is located 5.6 back from a front property line; Allowing the new proposed ground-mounted monument sign to identify the name of the shopping center as well as identify the names of both retail-commercial tenants located on the site; and Installing an American flag of 40 square feet atop the previously-approved flag pole. LAND USE REQUESTS The applicant s specific Special Exception requests are to: Modify Sections 110-179 (a) (8) and 110-180(b)(2)(a)(1): o To allow a ground-mounted shopping center identification monument sign that identifies individual businesses and o To allow a ground-mounted monument sign that would be located closer to a front property line than allowed, and Modify Section 110-186 (4): o To allow a United States flag of a size (5 x8 =40 square feet) that is larger than the maximum allowed flag area of 24 square feet. ANALYSIS The Zoning Ordinance provides criteria for consideration of Special Exceptions. Analysis of the proposal using these criteria is provided in Attachment 1. CONCLUSION Based upon the analysis presented in Attachment 1 and the criteria described in Sections 110-366 and 110-185 of the City Code, staff finds that the applicant s requests for three Special Exceptions are appropriate if restricted in accordance with the recommended conditions. RECOMMENDATION Staff recommends approval of the applicant s requests for three Special Exceptions that would allow a ground-mounted shopping center identification sign that identifies individual businesses that is closer to a front property line than allowed and that would allow a United States flag of 40 square feet, subject to the following conditions: 3

ATTACHMENT 1 ANALYSIS Fairfax Boulevard Crossing This is for consideration of the applicant s request for Special Exceptions (SEs). The SE is evaluated using the provisions of Sec. 110-366 and Sec. 110-185. Each separate SE will be further evaluated under Zoning Ordinance criteria specific to each respective request which is listed below. Section 110-366. (Zoning Map Amendments and Special Use Permits). (3) The City Council may approve zoning map amendments and grant special use permits and the board of zoning appeals may grant special use permits only after considering the applicable standards provided below: a) Consistency with the comprehensive plan and other adopted city goals and policies; b) The size and shape of the lot on which the use is proposed; c) Vehicular and pedestrian traffic; d) Trip generation characteristics of the proposed use; e) Site design; f) Lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood; g) The safety and movement of vehicular traffic upon adjacent streets; h) The safety and welfare of residents living in the area; i) The location, height, and design of buildings, walls, fences and landscaping proposed; j) Overall impact of the proposed use upon the development and use of adjacent land; k) Safety and welfare of persons working in the neighborhood; l) Harmony of the proposal with the general purpose and intent of the applicable article of this chapter; and m) The purposes of zoning ordinances set forth in the Code of Virginia, 15.2-2283. The applicant s SE requests are to: Allow a new ground-mounted monument sign to be located 5.6 feet from a front lot line where the required minimum setback distance is 10 feet; Allow a new ground-mounted monument sign to both identify the site s shopping center and also identify individual tenant names; and Allow a United States flag of 40 sq. ft. to be flown on a flagpole where such a flag cannot exceed 24 sq. ft. in area. Sec. 110-185. Special Exceptions. City Council may, by special exception, modify the requirements contained in this division in accordance with the following provisions: (1) Special exceptions shall be granted only in accordance with the procedures and limitations established for special use permits in section 110-366. (2) Special exceptions shall be granted only if: a. 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 b. 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 110-176. City Hall 10455 Armstrong Street Room 207 Fairfax Virginia 22030 703-385-7820 (FAX) 703-385-7824

Special Exception SE-14110034 Page 2 Consistency with Comprehensive Plan and adopted goals The Community Appearance Plan (CAP) section of the Comprehensive Plan states that Commercial signage should be an integral component of the landscape, contributing to ambiance and order, rather than a distracting, disorganized competition of messages resulting in a visual liability. Sign designers should ensure that letters and logos on signs are proportional to the sign, and are large enough to be legible for the intended viewer. Shopping centers should have signage that is coordinated and complementary. The Comprehensive Plan states that provisions for special exceptions are included in the City s sign regulations. The City should evaluate each request for an exception from the sign regulations from a critical perspective, with an eye toward reducing visual clutter and improving the appearance of the City. Similarly, the Comprehensive Plan calls for the elimination of distracting elements from the City s roadways, such as sign clutter that blemishes these roadways. Altogether, the City has had a long-standing and multifaceted policy of bringing nonconforming signs up to current standards whenever possible. Staff believes that the proposal is in conformance with the Comprehensive Plan, the Community Appearance Plan and the purposes set forth for signage in the City Code with the adoption of the suggested development conditions. Staff believes that the applicant s proposed sign that combines the shopping center identification sign and the tenant identification sign into a single coordinated sign that is ground-mounted and of materials that are in keeping with the materials of the site s retail commercial buildings is consistent with the goals of the Comprehensive Plan to reduce visual clutter and improve the appearance of the site. Further, the applicant s proposal to remove the existing ground-mounted sign and replace it with the proposed new groundmounted sign set back the same distance from the front property line but at a lower height than the existing sign will further reduce any perceived visual clutter. Staff believes the applicant s request to increase the size of the proposed United States flag will not add to the perception of visual clutter. Site Design The shopping center layout is composed of a square-shaped main commercial building surrounded on three sides by associated parking. The site is accessed by both the continuation of a travel aisle linking a portion of the site s parking lot to a parking lot on the adjoining property to the east and by a formal signalized driveway entrance connecting the site s parking lot with Fairfax Boulevard. Fairfax Boulevard lies along the entire southern frontage of the site, and is separated from the parking lot by a landscaped strip. The site s existing ground-mounted monument sign that is slated to be removed and the new proposed ground-mounted monument sign both lie within this landscaped strip. The applicant proposes a 40 square foot United States flag where City Code permits individual flags at a maximum of 24 square feet each. City Code allows a maximum of three civic flags. The proposed flag would be flown from a flag pole located in the triangular portion of the site north of the site s primary double-loaded parking area and west of the site s single-loaded parking area. A wooded area consisting of tall deciduous trees and natural vegetation lies along the entire western side of the site. Ground-mounted signage An existing ground-mounted monument sign served the previous site owner, but staff has deemed it is noncompliant due to its placement less than the seven feet from the front property line as conditioned by the most recent of the two previous Special Exceptions addressing the site s monument signage. The site s current owner has proposed removing the existing monument sign in its entirety. Upon removal the applicant is proposing to install a new ground-mounted monument sign that would combine a shopping City Hall 10455 Armstrong Street Room 207 Fairfax Virginia 22030 703-385-7820 (FAX) 703-385-7824

Special Exception SE-14110034 Page 3 center identification sign with individual tenant signs in the same general location as the removed monument sign. However, staff has determined that this proposed sign as configured would require two separate SEs. The new proposed ground-mounted monument sign would total 19.8 square feet in sign area. This sign would include 9.8 square feet of shopping center identification sign area and two tenant identification signs, each five square feet in area. All signage would be internally illuminated. These proposed signs would be affixed to both sides of the uppermost portion of a primary upright stone-veneer-faced concrete-masonryunit block wall. This proposed block wall would project 5-2-1/2 above grade, and include a secondary smaller rear portion of the wall extending further upward an additional 9-1/2, for a total overall sign height of six (6) feet. Both the main primary vertical section of this proposed sign and the small secondary vertical section of the proposed sign would include cap stone elements. Other features of the proposed groundmounted monument sign would be a stone veneer and rock cast sign base. The Community Appearance Plan provides general concepts applicable to appropriate signage, one of which states: Freestanding signs should be ground-mounted, monument style signs, and not the taller, polemounted pylon signs. Monument signs are discreet, located at eye level for the motorist, and are not usually obstructed by the tree canopy. (P.48) While Staff does not believe that illuminated ground-mounted signage is needed at the subject site based on the building s close proximity to Fairfax Boulevard and the site s street entrance at a signalized intersection, signage inclusive of the tenant names rather than just the shopping center s name is not expected to have any negative impacts on surrounding properties or motorists. Due to limited availability of sign placement, staff supports the proposed location, which is the same general location of previous approvals of illuminated signs. Staff believes that the applicant s proposal for an internally-illuminated ground-mounted sign that both identifies the site s shopping center s name and includes a listing of each associated retail commercial tenant at this shopping center is a reasonable request. Oversized United States flag The provisions of the Zoning Ordinance restrict the maximum size of a flag of the United States, the Commonwealth of Virginia, the City of Fairfax, other countries and states, religious groups, civic organizations and service clubs to 24 square feet, and allow three such flags to be flown on each property. The applicant has submitted a request to provide a single United States flag that would be 40 square feet in area that would fly from atop the previously-approved flag pole for the subject site. The City Code provisions restrict such a flag to be no greater in size than 24 square feet, however the Code further allows a maximum of three such flags to be flown on a single site, which equates to a cumulative total flag area of 72 square feet. Staff believes that the applicant s request for a single 40 square foot flag is a reasonable request, both since it is less than the maximum total allowed flag area and since the peculiarities of the subject site, which includes a grove of tall deciduous trees to the immediate west of the location on the site of the flag pole, will make it more difficult for passersby to fully view the proposed flag from all directions. Staff further believes that supporting the applicant s request to fly an oversize flag should necessarily also result in the applicant voluntarily not flying an additional two flags on the subject property. Staff has included an additional condition speaking to this restriction. City Hall 10455 Armstrong Street Room 207 Fairfax Virginia 22030 703-385-7820 (FAX) 703-385-7824

Date: 6 January 2015 (Revised) RE: STATEMENT OF SUPPORT (SOS) Fairfax Boulevard Crossing Signage Special Exception SE-14110034 9940 Fairfax Boulevard, Fairfax, VA The above referenced Special Exception request is to include the following: A. To remove the site s existing nonconforming monument sign that is shown to lie 5.6 feet from the front of the property line as it is in violation of SE-331-03-2, and B. To replace the removed monument sign with a new proposed monument sign, as described in the attached graphics and detailed on graphic Sheet A-1l1 (in permit set dated October 30, 2014), and request a SE for such a sign, pursuant to Section 110-179 a 8 and Section 110-180 b 2 a 1, that allows a ground-mounted shopping center identification sign to also identify individual businesses there at, and C. To request a SE that would allow a new monument sing to be located at a minimum setback distance of 5.6 feet from a front property line where the required minimum setback distance is 10 feet, pursuant to Section 110-181 b. D. To request a SE to allow a United States flag of 40 square feet where the maximum flag area of 24 square feet is allowed pursuant to Section 110-186 4. In support of these request please consider the following: A. The existing sign was in place at the time the property was purchased by the current owner. It is not clear how or why the sign is located in violation of the most recently approved SE (SE- 331-03-2 approved on January 28, 2003) however it may be appropriate to note that an earlier approved SE (SE 331-02-1 approved on October 8, 2002) allowed the sign to be set back 5 feet from the property line. B. The attached Exhibit A provides photographs of the site as approached on Fairfax Boulevard from the west. The series of photographs demonstrate that it is not possible to see the face of the building or any of the building mounted signage from the street until actually stopped at the traffic light. This presents a hardship to the proper and effective presentation of the building s tenants to the public. The proposed replacement monument sign includes panels for individual tenant signage to allow for appropriate identification on the commercial street. C. The proposed replacement sign is to be in the same size and in the same location as the existing sign which has presented no problems or issues since its installation in 2003. The proposed location takes advantage of the existing utilities, accommodates the existing and approved landscaping, and accommodates the same sight lines approved in the previous SE. In this location the issue of sign visibility is resolved while maintaining the existing approved landscaping and visual impact of the existing sign. D. The location and 40 foot height of the flag pole was approved as part of Board of Architectural review. The request for allow the larger flag size is an effort to properly proportion the flag to the height of the flag pole. Zoning allow only a 24 square foot maximum flag size but allows for up to 3 flags (a total of 72 square feet). This request will allow a 40 square foot flag and limit that only to a flag of the United States of America.

ATTACHMENT #5 City Council City of Fairfax PROPOSED RESOLUTION 2015 - APPROVAL RESOLUTION TO APPROVE THE REQUESTS OF JDC FAIRFAX GARDEN LLC, OWNER AND APPLICANT, BY FRANCIS X. WATKINS, AGENT, FOR SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-185 TO ALLOW A GROUND- MOUNTED SHOPPING CENTER IDENTIFICATION SIGN TO IDENTIFY THE NAMES OF INDIVIDUAL TENANTS AND BE LOCATED CLOSER THAN 10 FEET FROM THE FRONT PROPERTY LINE AND TO ALLOW A UNITED STATES FLAG TO EXCEED THE MAXIMUM ALLOWABLE FLAG SIZE OF 24 SQUARE FEET, IN THE C-2 RETAIL COMMERCIAL DISTRICT AND HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD) ON THE PREMISES KNOWN AS 9940 FAIRFAX BOULEVARD (FAIRFAX BOULEVARD CROSSING) OR AS MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-14-001-A. WHEREAS, JDC Fairfax Garden LLC, has submitted Application No. SE-14110034 requesting Special Exception to Sections 110-179 (a) (8) and 110-180 (b)(2)(a)(1) to allow a groundmounted shopping center identification sign that identifies individual businesses and is closer to a front property line than allowed and to Section 110-186 (4) to allow a United States flag of a size (5 x8 = 40 square feet) that is larger than the maximum allowed flag area of 24 square feet; and 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 conditions of approval, meets the requisites established by City of Fairfax Code Sections 110-185 and 110-366 for the following reasons: 1) The applicant has demonstrated that the sign requirements contained in Section 110-180(b)(2) (a)(1) will present a unique burden due to the location; 2) The request is consistent with the Comprehensive Plan and other adopted city goals and policies; 3) The request is in harmony with the purpose of the sign article set forth in Section 110-176 of the City Code and the purposes of zoning ordinances set forth in Code of Virginia 15.2-2283; and 4) The request will not adversely impact adjacent property or the surrounding area. City Hall 10455 Armstrong Street Room 207 Fairfax Virginia 22030 703-385-7820 (FAX) 703-385-7824

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 27 th day of January, 2015, that Application No. SE-14110034 be and hereby is APPROVED, with the following conditions: 1. The proposed monument sign shall be in substantial conformance with the attached Special Exception Plat (prepared by Walter L. Phillips and dated 01-06-2015) and Flag Plan (prepared by Bignell Watkins Hauser and dated 9-25-2012) and Double-Sided Monument Sign Plan sheet A-1.1 (prepared by Bignell Watkins Hauser and dated 10-30-2014). 2. The ground mounted monument sign not exceed six feet in height, six feet two inches in overall length, and 12 square feet in tenant sign area nor be located closer than 5.6 feet from the site s front property line. 3. The American flag approved to fly from the site s flag pole shall not exceed 40 square feet in area (5 x 8 ) and shall preclude the use of any other flags. The motion to adopt the resolution was approved. Mayor Votes Date Councilmember DeMarco Councilmember Greenfield Councilmember Loftus Councilmember Meyer Councilmember Miller Councilmember Schmidt City Hall 10455 Armstrong Street Room 207 Fairfax Virginia 22030 703-385-7820 (FAX) 703-385-7824

City Council City of Fairfax PROPOSED RESOLUTION 2015 - DENIAL RESOLUTION TO DENY THE REQUESTS OF JDC FAIRFAX GARDEN LLC, OWNER AND APPLICANT, BY FRANCIS X. WATKINS, AGENT, FOR SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-185 TO ALLOW A GROUND-MOUNTED SHOPPING CENTER IDENTIFICATION SIGN TO IDENTIFY THE NAMES OF INDIVIDUAL TENANTS AND BE LOCATED CLOSER THAN 10 FEET FROM THE FRONT PROPERTY LINE AND TO ALLOW A UNITED STATES FLAG TO EXCEED THE MAXIMUM ALLOWABLE FLAG SIZE OF 24 SQUARE FEET, IN THE C-2 RETAIL COMMERCIAL DISTRICT AND HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD) ON THE PREMISES KNOWN AS 9940 FAIRFAX BOULEVARD (FAIRFAX BOULEVARD CROSSING) OR AS MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-14-001-A. WHEREAS, JDC Fairfax Garden LLC, has submitted Application No. SE-14110034 requesting Special Exception to Sections 110-179 (a) (8) and 110-180 (b)(2)(a)(1) to allow a groundmounted shopping center identification sign that identifies individual businesses and is closer to a front property line than allowed and to Section 110-186 (4) to allow a United States flag of a size (5 x8 = 40 square feet) that is larger than the maximum allowed flag area of 24 square feet; and 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 not appropriate because the proposal, as modified by the conditions of approval, meets the requisites established by City of Fairfax Code Sections 110-185 and 110-366 for the following reasons: [City Council should choose one or more of the following as appropriate:] The applicant has failed to demonstrate a unique burden requiring relief. The request is inconsistent with the Comprehensive Plan and other adopted goals and policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 27 th day of January, 2015, that Application No. SE-14110034 be and hereby is DENIED. The motion to deny the resolution was approved. Mayor City Hall 10455 Armstrong Street Room 207 Fairfax Virginia 22030 703-385-7820 (FAX) 703-385-7824

Votes Date Councilmember DeMarco Councilmember Greenfield Councilmember Loftus Councilmember Meyer Councilmember Miller Councilmember Schmidt City Hall 10455 Armstrong Street Room 207 Fairfax Virginia 22030 703-385-7820 (FAX) 703-385-7824

6. MOTIONS: ATTACHMENTS: [If City Council agrees with the staff recommendation, then Motion 6A is appropriate] 6A. Motion to adopt the resolution to approve Special Exceptions 6B. Motion to adopt the resolution to deny the Special Exceptions

6A SAMPLE MOTION FOR APPROVAL WITH CONDITIONS I MOVE THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION TO APPROVE THE REQUESTS OF JDC FAIRFAX GARDEN LLC, OWNER AND APPLICANT, BY FRANCIS X. WATKINS, AGENT, FOR SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-185 TO ALLOW A GROUND-MOUNTED SHOPPING CENTER IDENTIFICATION SIGN TO IDENTIFY THE NAMES OF INDIVIDUAL TENANTS AND BE LOCATED CLOSER THAN 10 FEET FROM THE FRONT PROPERTY LINE AND TO ALLOW A UNITED STATES FLAG TO EXCEED THE MAXIMUM ALLOWABLE FLAG SIZE OF 24 SQUARE FEET, IN THE C-2 RETAIL COMMERCIAL DISTRICT AND HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD) ON THE PREMISES KNOWN AS 9940 FAIRFAX BOULEVARD (FAIRFAX BOULEVARD CROSSING) OR AS MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-14-001-A SUBJECT TO THE FOLLOWING CONDITIONS: 1. The proposed monument sign shall be in substantial conformance with the attached Special Exception Plat (prepared by Walter L. Phillips and dated 01-06-2015) and Flag Plan (prepared by Bignell Watkins Hauser and dated 9-25-2012) and Double-Sided Monument Sign Plan sheet A- 1.1 (prepared by Bignell Watkins Hauser and dated 10-30-2014). 2. The ground mounted monument sign not exceed six feet in height, six feet two inches in overall length, and 12 square feet in tenant sign area nor be located closer than 5.6 feet from the site s front property line. 3. The American flag approved to fly from the site s flag pole shall not exceed 40 square feet in area (5 x 8 ) and shall preclude the use of any other flags.

6B SAMPLE MOTION FOR DENIAL I MOVE THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION TO DENY THE REQUESTS OF JDC FAIRFAX GARDEN LLC, OWNER AND APPLICANT, BY FRANCIS X. WATKINS, AGENT, FOR SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-185 TO ALLOW A GROUND-MOUNTED SHOPPING CENTER IDENTIFICATION SIGN TO IDENTIFY THE NAMES OF INDIVIDUAL TENANTS AND BE LOCATED CLOSER THAN 10 FEET FROM THE FRONT PROPERTY LINE AND TO ALLOW A UNITED STATES FLAG TO EXCEED THE MAXIMUM ALLOWABLE FLAG SIZE OF 24 SQUARE FEET, IN THE C-2 RETAIL COMMERCIAL DISTRICT AND HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD) ON THE PREMISES KNOWN AS 9940 FAIRFAX BOULEVARD (FAIRFAX BOULEVARD CROSSING) OR AS MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-14-001-A FOR THE FOLLOWING REASON(S): (CITY COUNCIL TO CHOOSE FROM THE FOLLOWING REASONS) The request is not consistent with the Comprehensive Plan and other adopted city goals and policies; The request is not appropriate given the size and shape of the lot and the lot s site design on which the signage is proposed; The request will result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety; The request will adversely impact adjacent property or the surrounding area; The request will adversely impact the safety and welfare of residents living in the area; and The request is not in harmony with the general purpose and intent of the applicable article of Chapter 110 of the City Code.