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FAIRFAX

COUNTY



APPLICATION FILED: August 22, 2003

PLANNING COMMISSION: February 11, 2004

BOARD OF SUPERVISORS: February 23, 2004

V I R G I N I A



January 28, 2004
STAFF REPORT
APPLICATIONS PCA 78-S-063-04

RZ 2003-SU-040

and SE 2003-SU-025
SULLY DISTRICT

APPLICANT: LWL, LLC
PRESENT ZONING: I-3, WS, AN
REQUESTED ZONING: C-6, WS, AN
PARCEL(S): 44-3 ((06)) 21A pt.
ACREAGE: 3.0 acres
FAR: 0.17
OPEN SPACE: 32%
PLAN MAP: Mixed Use/Dulles Suburban Center, with an option for Neighborhood Serving Retail
PCA and RZ PROPOSALS: To amend proffers associated with RZ 78-S-063, previously approved for industrial development to delete the subject property in order to rezone the northern 3.0 acres of Parcel 21A from I-3, WS and AN to C-6, WS and AN, to permit retail and fast food restaurant development
SE PROPOSAL: To permit up to six fast food restaurant uses (with no drive-throughs)
STAFF RECOMMENDATIONS:
Staff recommends denial of PCA 78-S-063-04.

Staff recommends denial of RZ 2003-SU-040. If it is the intention of the Board of Supervisors to approve the application, staff recommends such approval be subject to the execution of proffers consistent with those found in Appendix 1 of this report.

Staff recommends denial of SE 2003-SU-025. If it is the intention of the Board of Supervisors to approve the application, staff recommends such approval be subject to the proposed development conditions found in Appendix 2 of this report
It should be noted that it is not the intent of the staff to recommend that the Board, in adopting any conditions proffered by the owner, relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.
It should be further noted that the content of this report reflects the analysis and recommendation of staff; it does not reflect the position of the Board of Supervisors.
For information, contact the Zoning Evaluation Division, Department of Planning and Zoning, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035 5505, (703) 324 1290 or TTY 711 (Virginia Relay Center).








Americans with Disabilities Act (ADA): Reasonable accommodation is available upon 7 days advance notice. For additional information on ADA call (703) 324-1334 or TTY 711 (Virginia Relay Center).







A GLOSSARY OF TERMS FREQUENTLY

USED IN STAFF REPORTS MAY BE

FOUND AT THE BACK OF THIS REPORT

DESCRIPTION OF THE APPLICATION

PCA Proposal: Partial Proffered Condition Amendment to delete 3.0 acres from land area of property previously approved for industrial development known as “Westfields, The International Corporate Center at Dulles” (RZ 78-S-063) to permit the rezoning of 3.0 acres to the C-6 District pursuant to

RZ 2003-SU-040.

RZ Proposal: Rezone the northern 3.0 acres of Parcel 21A from I-3, WS and AN to C-6, WS and AN, for the development of three free-standing commercial buildings sized 7,500, 7,000 and 7,000 square feet respectively, for a total gross floor area (GFA) of 21,500 square feet to include business service and supply establishments, eating establishments, retail sales establishments, financial institutions, personal service establishments and up to six fast food restaurants.

SE Proposal: Special Exception to permit the construction and use of up to six fast food restaurants without drive through windows, to be located in the three proposed buildings
Location: Southwest quadrant of the intersection of Westfields Boulevard and Sully Road (Rt. 28)
Acreage: 3.0 acres
Gross Floor Area: 21,500 square feet
Proposed FAR: 0.17
Proposed Open Space: 32%
Requested Waivers &

Modifications: None
The applicant’s draft proffers for the RZ and PCA applications, staff proposed development conditions for the SE, and the applicant’s affidavits and

statements of justification for the above-referenced applications are contained in Appendices 1 through 4, respectively.



LOCATION AND CHARACTER
Site Description:

The subject property is located in the southwest quadrant of the intersection of Sully Road (Rt. 28) and Westfields Boulevard. The subject property is located at the northeastern side of the former Parcel 21, which has since been subdivided into six lots. Parcel 21 A is a six acre lot, with only the northern three acres of the lot subject to these applications. The vacant site is characterized by mixed hardwood forest species sparsely covering the site, and generally slopes toward Sully Road.

Surrounding Area Description


Direction

Use

Zoning

Plan

North

Sully Road (Route 28)

-------

-------

South

Vacant

I-3, WS, AN

Mixed Use, option for neighborhood serving retail

East

Vacant

I-3, WS, AN

Mixed Use

West

Vacant (eating establishment proposed)

I-3, WS, AN

Mixed Use, option for neighborhood serving retail



BACKGROUND
Site History:
RZ 78-S-063

On November 25, 1985, the Board of Supervisors (BOS) approved, in part, as proffered, application RZ 78-S-063, which rezoned approximately 1,027 acres of land from the R-C, I-3, I-4 and WS Districts to the I-3, I-4, I-5 and WS Districts, while retaining 21 acres in the R-C District. This application created “Westfields, The International Corporate Center at Dulles” (hereinafter referred to as Westfields), which is composed of a mixture of office and commercial enterprises.



SE 88-S-031
On February 13, 1989, the BOS approved SE 88-S-031 for use as a hotel (Hilton Suites) with an increase in building height on a six acre site that includes the subject property. Requests for additional time were approved by the BOS on August 5, 1991 (18 months), March 23, 1992 (18 months) and August 2, 1993 (40 months). This application expired December 13, 1996 due to the applicant’s failure to pursue.
PCA 78-S-063-2
On July 7, 1997, the BOS approved PCA 78-S-063-02 (concurrent with

RZ 1997-SU-002, SE 97-Y-002, SE 96-Y-051 and SE 96-Y-054). The PCA, along with RZ 1997-SU-002 and SE 97-Y-002, deleted 1.16 acres from the Westfields rezoning to permit the development of a service station, quick service food store and car wash. The concurrent SE applications permitted the development of a drive-through bank and a maximum of four eating establishments, respectively. The subject property was not directly affected by this application.


PCA 78-S-063-3
This application was filed February 21, 2002. The PCA request was to define the scope and timing of Proffer #9, which affects those properties with frontage on the portions of Stonecroft Boulevard and Westfields Boulevard, which were proffered to be constructed to six lanes per

Proffer #9 of the original rezoning (RZ 78-S-063). The subject property is not included in PCA 78-S-063-3, which was approved by the Board of Supervisors on January 26, 2004.



COMPREHESIVE PLAN PROVISIONS (See Appendix 5)
Plan Area: III
Planning Sector: Dulles Suburban Center; Land Unit J
Plan Map: Mixed Use

Plan Text:

In the Fairfax County Comprehensive Plan, 2003 Edition as amended through February 10, 2003, Area III, Dulles Suburban Center, Land Unit J, in the Land Use recommendations section, on page 120, the Plan states:

“4. Adjacent to Sully Station Shopping Center, are Parcels 44 3 ((6)) 21 and 21A. A hotel is already planned and approved for Parcel 21A.

Parcel 21 is planned for a campus style office and industrial park. As an option, Parcel 21 may be developed in neighborhood serving retail and service uses, under the following conditions:


• The parcel is planned and designed comprehensively to function as an integrated development that is compatible with both the hotel and Sully Station Shopping Center;
• The development has pedestrian access to the hotel; and
• Access is from Stonecroft Boulevard.”

ANALYSIS
Generalized Development Plan/Special Exception Plat (Copy at front of staff report)
Title of GDP/SE Plat: “Generalized Development Plan//Special Exception Plat, Part of Parcel 21A, Westfields, The International Corporate Center at Dulles”
Prepared By: Burgess & Niple
Original and Revision Dates: June, 2003; as revised through

January 27, 2004


Plan Description
The GDP/SE Plat consists of eight sheets:
Sheet 1 of 8 is the cover sheet, which includes a sheet index, vicinity map (SWM Pond location noted), tabulations and notes, general notes, peripheral and interior landscaping notes and Zoning Ordinance requirements.
Sheet 2 of 8 illustrates the proposed site development and provides use notes, an angle of bulk plane diagram, an alternate site layout for an interparcel connection to the adjacent parcel and an alternate dumpster location.

Sheet 3 of 8 is the conceptual landscape plan.

Sheet 4 of 8 is the existing vegetation map.
Sheet 5 of 8 illustrates the first floor plan and west elevation of the three proposed buildings, showing the public plaza area and architectural ornamentation of the proposed buildings. Through proffers, the applicant has committed to constructing buildings that substantially conform to these elevations. The specific fast food restaurants and eating establishments and their signs shown in the elevations are for illustrative purposes only.
Sheet 6 of 8 is an enlarged elevation providing detailed descriptions of materials to be used in the construction of the buildings.
Sheet 7 of 8 is a conceptual view of the proposed public plaza area, for illustrative purposes only.
Sheet 8 of 8 is the first floor plan and east elevation of the three proposed buildings, showing the public plaza area and architectural ornamentation of the proposed buildings. Through proffers, the applicant has committed to constructing buildings that substantially conform to these elevations. The specific fast food restaurants and eating establishments and their signs shown in the elevations are for illustrative purposes only.
Description of Proposal

RZ 2003-SU-040 and SE 2003-SU-025 are a proposal for commercial development of three acres within Westfields. Three single story commercial buildings, 26 feet maximum height, would be built on the subject property, providing a gross floor area (GFA) of 21,500 square feet of by-right and special exception uses, with a floor area ratio (FAR) of 0.17. The application includes 32% open space. The subject application contains only the northern three acres of Parcel 21A, to be subdivided from the six acre Parcel 21A. The remaining southern three acres will retain the I-3, WS and AN Zoning District classifications and remain vacant at this time.

The GDP/SE Plat depicts three commercial buildings that may contain the following uses: business service and supply establishments, eating establishments, retail sales establishments, financial institutions, personal services establishments and up to six fast food restaurants (special exception request). The proffers indicate that the maximum square footage allowed for fast food restaurants would be 16,000 square feet (74% of the total GFA). A maximum of four separate uses would be permitted in each building, not to exceed twelve total uses for the whole site, with a maximum total of six fast food restaurants.
Access will be provided by Westone Plaza (former street) which provides internal access throughout all of the sites on Parcel 21. Westone Plaza branches off the north side of Stonecroft Boulevard. Sidewalks will be constructed on the site to connect with the existing pedestrian network. Parking spaces totaling 184 are shown on the GDP/SE Plat, an excess of 91 spaces over the requirements of the Zoning Ordinance based upon a parking calculation for a shopping center.

The architectural designs of the buildings shown on Pages 5-8 of the GDP/SE Plat will be adhered to according to the proffers, though according to Proffer #5, modifications will be permitted as long as they are in substantial conformance with that illustrated in the GDP/SE Plat. As proposed, three buildings aligned in a row, connected by two archways will be constructed, though the proffers note that alterations to the size and footprints may occur provided that the building envelopes do not change, and that the changes are in substantial conformance with the GDP/SE Plat. The drawings and proffers indicate that a multitude of exterior finishing materials will be used, with 25% of each building faced with brick the same color as used in the Ameri-Suites and Sully Station Shopping Center. Mansard roofs sheathed with standing seam metal will be the predominate roofing form; gable roofed dormers are shown to complement the roofs. Each building will be composed of multi-faceted facades using gable fronts, as well as bays and flat roofed, corniced projections. Arched window treatments; ornamental windows and lighting; water tables and awnings will be used as architectural ornamentation. Each building will be constructed with consistent architectural treatment on all four sides and all rooftop equipment will be screened from view.

Transportation improvements proposed with this application, further discussed in the Transportation Analysis below, include the dedication of a 15 foot permanent construction easement along the northern property boundary for utilization by the Virginia Department of Transportation (VDOT) for the Route 28 road improvement project. Through proffers, the applicant will be responsible for a “proportional” share of the extension of Stonecroft Boulevard across the frontage of Parcel 21A. The GDP/SE Plat also indicates the location of an interparcel connection to the adjacent vacant lot to the west.
A conceptual landscape plan is included in the GDP/SE Plat which depicts a mixture of large and medium deciduous shade trees, small ornamental trees, evergreens and shrubs which will buffer the site on all boundaries except for the western boundary (which is internal to the “shopping center” consisting of the lots making up the former Parcel 21). Trees and shrubs are shown on the median in the southwestern corner of the property and within the proposed public plaza areas, and will screen the dumpsters and loading areas.
If approved by DPWES, Stormwater Management and Best Management Practices (SWM/BMPs) will be provided of-site through existing stormwater management pond #13A, location shown on the GDP/SE Plat cover sheet. If necessary, an underground facility will be provided on the eastern side of the property, as shown on the GDP/SE Plat.
Land Use Analysis (Appendix 5)

The Land Use Analysis Memorandum is dated January 8, 2004. The analysis is based upon the revised GDP/SE Plat dated December 2, 2003. Since this memo was written, the applicant has submitted revised plans and proffers addressing and resolving some, but not all, of the issues cited in the memo, as discussed in detail below.

The subject property is located within Land Unit J of the Dulles Suburban Center. The site is part of Parcel 21, which has since been developed with a Goddard School child care center (Parcel 21C), a BP service station/quick service food store (Parcel 21D), an Ameri-Suites Hotel

(Parcel 21F) and two restaurant pad sites currently under development (Parcel 21E1 and Parcel 21E2). The subject property and the surrounding area are planned for mixed use development, though the Comprehensive Plan specifically addresses Parcel 21A in a manner consistent with its previously approved hotel use, SE 88-S-031, which expired in 1996. Additional Plan language provides an option for neighborhood-serving retail and service uses for the site if access is provided from Stonecroft Boulevard; pedestrian connection to the hotel is provided; and, if an integrated and compatible development design is provided. Revisions to the GDP/SE Plat and proffers indicate an architecturally compatible design with existing development at Westfields and the Sully Station Shopping Center, with access from Stonecroft Boulevard provided by Westone Plaza. However, as submitted, the application raises staff concerns over integrated development based upon the lack of parcel consolidation and compatibility in terms of design.


As a note, the proffers present an internal inconsistency concerning the presence of drive-through restaurants, which are prohibited because the special exception request is for fast food restaurants without a drive-through; therefore staff recommends that Proffer #3 be revised to remove the reference to drive-through restaurants.
Issue: Parcel Consolidation

Parcel 21A is the sole remaining lot of former Parcel 21 that has not been developed or is not under development at this time. This application concerns only the northern three acres of Parcel 21A, further subdividing the former Parcel 21, which has already been subdivided into five separate lots. Staff is concerned that the lack of parcel consolidation will likely lead to piecemeal, fragmented development. Furthermore, consolidation of Parcel 21A will ensure that this lot is developed in a cohesive and integrated manner with the existing development in terms of scale, intensity, design and use. Without consolidation of the remainder of Parcel 21A the southern portion of this lot may develop in an incompatible manner with the subject applications, creating serious staff concerns of intensity and circulation. The subject applications propose to develop the northern three acres of Parcel 21A with up to 21,500 square feet and a maximum of 12 individual users. Absent the consolidation of the entirety of Parcel 21A, there is no guarantee that the southern three acre portion of Parcel 21A will develop as called for in the Plan.

Resolution
Staff has strongly suggested that the application be amended to include the entirety of Parcel 21A, rather than excluding the southern three acres which will retain the I-3, WS and AN Zoning District classifications, thereby potentially developing in an incompatible manner based on the lack of commitment concerning scale, design, intensity and use. The applicant has not amended the application according to these recommendations by staff; therefore this issue has not been resolved.
Issue: Development Design and Integration
The architectural treatment of the buildings and site design has raised staff concerns related to compatibility with existing development on Parcel 21 and within the adjacent Sully Station Shopping Center. Existing development of Parcel 21 exhibits features of compatibility in terms of building materials, colors, roof forms and façade treatments. Staff is concerned that a lack of commitment to specific colors or designs of the subject application will produce development that is incompatible with the remainder of Parcel 21.
Resolution

The applicant has revised the GDP/SE Plat and proffers to show a greater commitment to an architectural design that is more compatible with existing development within Westfields and the Sully Station Shopping Center. The proffers indicate that a minimum of 25% of each building will be constructed of brick that matches the color of brick used in the

Ameri-Suites Hotel and Sully Station Shopping Center. Also, mansard roofs sheathed with standing seam metal will be used to reflect the roof form and materials used on adjacent sites. The GDP/SE Plat has been revised to illustrate the removal of previously proposed architectural features such as towers and cupolas, and includes rooftop dormers which are used throughout the Sully Station Shopping Center. Based upon the revised proffers and GDP/SE Plat, staff believes that this issue has been resolved due to the applicant’s commitment to construct buildings that are compatible with adjacent properties.

Issue: Dulles Suburban Center Guidelines
The subject application is subject to the design guidelines for the Dulles Suburban Center which are intended to facilitate the integration and compatibility of proposed development with existing and future development. Staff had concerns that this application did not entirely satisfy these guidelines, furthering the notion that this application may provide incompatible development. The Land Use memo suggests areas of improvement in order to satisfy the design guidelines for the Dulles Suburban Center, including greater pedestrian linkages, additional landscaping and a stronger commitment to architectural and signage designs that are compatible with existing development on the remainder of Parcel 21 and in the adjacent Sully Station Shopping Center.
Resolution
Whereas the applicant has greatly improved the architectural designs, staff still has concerns over the sidewalk and landscaping of the median in the southwest corner of the property. Staff has recommended that the applicant construct a sidewalk on the entire perimeter of the median, not just on the portion located on their site as noted on the GDP/SE Plat. The applicant has also been requested to commit to landscaping the entire median, not just the small section on their site as shown on the GDP/SE Plat. Though these two recommendations involve off-site improvements, staff feels that they are reasonable and necessary to ensure fulfillment of the Plan objectives; therefore this issue has not been resolved.
Transportation Analysis (Appendix 6)

The Transportation Analysis Memorandum dated January 15, 2004, is based on the GDP/SE Plat dated December 22, 2003, proffers dated January 5, 2004 and a technical memorandum evaluating traffic generation dated December 8, 2003. The transportation issues associated with this application are described below.

Issue: VDOT Easement
Route 28 improvements have been designed in the vicinity of the subject property to provide an interchange between Westfields Boulevard and Route 28. Designs for this project indicate the necessity for a 15 foot strip of land on the northern boundary of the property for utility and/or construction use.
Resolution
The applicant has indicated the location of the 15 foot easement area on the GDP/SE Plat and has proffered to this dedication of land to VDOT, as a permanent easement, therefore this issue has been resolved.
Issue: Interparcel Access
A vacant 1.4 acre parcel is located to the east of the subject property. Zoned I-3, this vacant property may develop in the future; it would be beneficial to allow for the vacant property to access Stonecroft Boulevard via Westone Plaza and the subject property. Therefore, the applicant was requested to provide an interparcel access through their site to the vacant parcel to the east.


Resolution
The GDP/SE Plat shows an alternate site layout for an interparcel access to the vacant lot to the east in the southeast corner of the site. If constructed in the future, four parking spaces would be lost which is not an issue due to the excess of proposed parking on site. The proffers indicate that should this interparcel connection be constructed, it would be paid for by the owner of the vacant, adjacent parcel. Therefore, this issue has been resolved.
Issue: Stonecroft Boulevard Contribution

Stonecroft Boulevard provides access to Westfields Boulevard for all of the properties deriving from the former Parcel 21, the subject property included. Stonecroft Boulevard is planned to extend across the entire frontage of Parcel 21A, which is six acres in size. Though this application concerns only the northern three acres of Parcel 21A, the applicant should be responsible for half of the cost of constructing this road.

Resolution
The applicant has proffered to provide a proportional share of the cost, equal to one half (1/2) of the amount of extending Stonecroft Boulevard across the southern boundary of Parcel 21A. Therefore this issue has been resolved.
Issue: RZ 78-S-063 Proffer #9 Violation
PCA 78-S-063-03 has been submitted to resolve the violation concerning Proffer #9 of the original Westfields rezoning application (RZ 78-S-063). Proffer #9 concerns construction of Stonecroft Boulevard and Westfields Boulevard to six lanes, among other improvements, which have not yet been satisfied. Though not a subject to this PCA, the subject applications are affected because PCA 78-S-063-03 concerns all of the land of the original rezoning. The Board of Supervisors approved PCA 78-S-063-03 on

January 26, 2004; therefore this issue has been resolved.


Environmental Analysis (Appendix 7)
The Environmental Analysis Memorandum is dated December 8, 2003. The analysis is based on the GDP/SE Plat dated August 14, 2003. The environmental issue associated with this application is stated below.
Issue: Tree Cover

The GDP/SE Plat for the subject application indicates that the limits of clearing and grading will coincide with the boundary of the property, leaving no room for tree save areas. The site consists of mixed hardwood forest species sparsely located throughout the site. Staff has recommended tree save areas for the subject application that coincide with the previous approved plan on the subject property (SE 88-S-031). The applicant originally proposed a small tree save area in the northeast corner of the property, but revised the GDP/SE Plat to remove this area due to the necessity to dedicate a 15 foot strip of land on the northern boundary to VDOT. Staff feels that the dedication of this easement to VDOT eliminates a potential tree save area and recommends that the applicant investigate tree transplanting in coordination with the Urban Forestry Division. Concerning lighting, the applicant has proffered to conform to Part 9 of Article 14 of the Zoning Ordinance, yet has included additional information. Staff recommends that this proffer remove this additional language except for the 14 foot height restriction, so that there are no issues with this proffer superceding the Zoning Ordinance.

Public Facilities Analyses (Appendices 8-12)
No outstanding public facilities issues have been identified with this request.
Fairfax County Park Authority (Appendix 8)
There are no Park Authority impacts associated with this request.
Sanitary Sewer Analysis (Appendix 9)
The application property is located in the Flatlick Run (T2) Watershed. It would be sewered into the UOSA Treatment Plant. Based on current and committed flow, there is excess capacity available in the Upper Occoquan Sewer Authority Treatment Plat at this time. An existing 10 inch line located in an easement and 500 feet from the property is adequate for the proposed use at this time.
Fairfax County Water Authority (Appendix 10)
Adequate domestic water service is available at the site from an existing 12-inch water main located at the property. Depending upon the configuration of the on-site water mains, additional water main extensions may be necessary to satisfy fire flow requirements and accommodate water quality concerns.
Fire and Rescue Analysis (Appendix 11)
The property is serviced by the Fairfax County Fire and Rescue Department Station #15, Chantilly. The property currently meets fire protection guidelines.
Utilities Planning and Design, DPWES (Appendix 12)

The analysis notes that there are no downstream complaints on file related to this site. Though the applicant intends to meet Stormwater Detention Requirements in an offsite facility, it is recommended that development of the site reflect pre-development runoff hydrographs and incorporate low impact development (LID) practices into the design of the site, which have not been addressed by the applicant.


ZONING ORDINANCE PROVISIONS


Bulk Standards (C-6 Zoning)

Standard

Required

Proposed

Lot Size

40,000 square feet

3.0 acres (130,680 s.f.)

Lot Width

200 feet

235 feet

Building Height

40 feet

26 feet

Front Yard

45° angle of bulk plane, but not less than 40 ft (70 ft min. per Westfields covenants)

65 feet

Side Yard

No Requirement

35 feet and 120 feet

Rear Yard

20 feet

100 feet

FAR


0.40; (0.50 max. permitted by RZ 78-S-063)

0.17

Open Space

15%

32%

Parking Spaces

93 spaces

176 spaces

Loading Spaces

2 spaces

2 spaces

Transitional Screening & Barrier: None Required



OTHER ZONING ORDINANCE PROVISIONS (Appendix 13)
Special Exception Requirements


  • General Special Exception Standards (Section 9-006)

  • Category 5 Standards (Section 9-503)

  • Additional Standards for Fast Food Restaurants (Section 9-505)


General Special Exception Standards

The General Special Exception Standards require that the proposal be in harmony with the Comprehensive Plan, that there be a finding of no significant negative impacts on surrounding properties, and that safe and adequate vehicular and pedestrian access be provided. While the applicant has satisfied staff’s concerns relating to compatibility with surrounding properties based upon a commitment to a compatible design of the buildings, the consolidation issue is outstanding and therefore staff does not believe the applicant satisfies Standard 1, requiring harmony with the Comprehensive Plan. The Plan specifically addresses this parcel and recommends development that functions as an integrated development, which cannot be guaranteed for the remainder of the subject Parcel 21A which will remain I-3, potentially developing in an incompatible manner concerning design, intensity, scale and use. Therefore, staff believes that the General Special Exception Standards have not been satisfied.

Category 5 Standards
Category 5 standards provide that all uses shall comply with lot size, bulk regulations and performance standards of the applicable zoning district. Staff believes that the subject application complies with lot size and bulk regulations for the C-6 District and applicable performance standards which permit fast food restaurants with the community retail character of the district.
Additional Standards for Fast Food Restaurants
Additional standards for fast food restaurants require that such applications provide buildings with consistent architectural treatment on all sides; be architecturally compatible with the neighborhood in which the uses are associated; be designed so that pedestrian and vehicular circulation is coordinated with adjacent properties; provide safe and efficient circulation and parking; not have an adverse impact upon nearby or planned residential neighborhoods concerning hours of operation, noise, parking and glare; and not provide any outdoor storage or display of goods offered for sale.
The GDP/SE Plat and proffers provide for the following: a commitment to consistent and architecturally compatible buildings; on-site sidewalks that will connect with the existing internal pedestrian network; vehicle circulation that is coordinated with the existing development; provision for a future interparcel connection to the adjacent vacant lot to the east; adequate internal circulation and access that is provided from Westone Plaza. The proposed development conditions would impose further limitations on the signage and architecture, additional requirements for landscaping and pedestrian connectivity, and will limit any perceived impact upon adjacent properties created by this application.
Overlay District Requirements

Water Supply Protection Overlay District (Section 7-800)

The provisions of 7-808, Use Limitations, apply additional standards for uses in the WSPOD. Any use requiring a site plan must provide water quality control measures designed to reduce by one half the projected phosphorus runoff pollution for the proposed use. Such water quality control measures or Best Management Practices (BMPs) shall be reviewed, modified, waived and/or approved by the Director in accordance with the Public Facilities Manual. The GDP/SE Plat shows stormwater management and BMPs to be provided by an off-site pond. The proposed use must meet the requirements of the WSPOD at the time of site plan approval.
Airport Noise Impact Overlay District (Section 7-400)
The Airport Noise Impact Overlay District (AN) imposes additional requirements on certain uses proposed within the overlay district. The uses proposed for the subject property are not subject to any additional standards under these provisions.

CONCLUSIONS AND RECOMMENDATIONS

Staff Conclusions
Staff concludes that the subject applications are not in harmony with the Comprehensive Plan. Consolidation of the entirety of Parcel 21A remains as the major outstanding issue. As submitted, this application concerns only the northern three acres of Parcel 21A, which will leave the remaining southern three acres as vacant land zoned I-3, WS and AN. This presents the potential for fragmented, piecemeal development within Westfields, greatly increasing the development intensity of the former Parcel 21 in a potential negative manner that is inconsistent with the recommendations of the Comprehensive Plan. This type of incompatible development is strongly discouraged in the Dulles Suburban Center according to the Comprehensive Plan.

The applicant has improved the design of the buildings over the initial submission, providing strong proffer commitments to ensure that the buildings will reflect the architecture of existing buildings in Westfields and in the Sully Station Shopping Center. Though the applicant has addressed the issue of compatibility with existing development nearby, staff continues to recommend that all of Parcel 21A be included in this application so as to further the goal of unified development.

Staff Recommendations
Staff recommends denial of PCA 78-S-063-04.
Staff recommends denial of RZ 2003-SU-040; however, if it is the Board’s intention to approve the application, staff recommends the approval be subject to the execution of proffers consistent with those found in Appendix 1 of this report.
Staff recommends denial of SE 2003-SU-025; however, if it is the Board’s intention to approve the application, staff recommends the approval be subject to the proposed development conditions found in Appendix 2 of this report.
It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions proffered by the owner, relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.
It should be further noted that the content of this report reflects the analysis and recommendation of staff; it does not reflect the position of the Board of Supervisors.

APPENDICES


  1. Draft Proffers for RZ 2003-SU-040

  2. Proposed Development Conditions for SE 2003-SU-025

3A. Affidavit for RZ 2003-SU-040

3B. Affidavit for PCA 78-S-063-04

3C. Affidavit for SE 2003-SU-025

4A. Statement of Justification

4B. Statement of Justification for PCA 78-S-063-04

5. Comprehensive Plan Land Use Analysis

6. Transportation Analysis

7. Environmental Assessment

8. Fairfax County Park Authority

9. Sanitary Sewer Analysis

10. Fairfax County Water Authority

11. Fire and Rescue

12. Stormwater Planning/DPWES

13. Zoning Ordinance Provisions

14. Glossary

DRAFT

PROFFERED CONDITIONS
LWL, LLC

RZ 2003-SU-040
January 27, 2004

Pursuant to Section 15.2-2303(a) of the Code of Virginia, 1950, as amended, the property owners and Applicant in this Proffered Condition Amendment (“PCA) Application and requested rezoning proffer that the development of the parcels under consideration and shown on the Fairfax County Tax Maps as Tax Map Reference 44-3-((6))-21A pt. (hereinafter referred to as the "Property") will be in accordance with the proffered conditions accepted by the Board of Supervisors in the approval of RZ-78-S-063, dated November 1985 for the portion of that property subject to this PCA, except as qualified below and only if, said request for the C-6 Zoning District is granted. In the event said application request is denied, these proffers shall be null and void. The Owners and the Applicant ("Applicant"), for themselves, their successors and assigns, agree that these proffers shall be binding on the future development of the Property unless modified, waived or rescinded in the future by the Board of Supervisors of Fairfax County, Virginia, in accordance with applicable County and State statutory procedures. The proffered conditions are:



I. GENERALIZED DEVELOPMENT PLAN/sPECIAL EXCEPTION PLAT

  1. Substantial Conformance. Subject to the provisions of Section 18-204 of the Zoning Ordinance, under which minor modifications to an approved plan are permitted, the Property shall be developed in substantial conformance with the plan entitled Generalized Development Plan/Special Exception Plat (GDP/SE) prepared by Burgess & Niple, Inc, dated June, 2003 and revised through January 9, 2004 (the "GDP").





  1. Permitted Uses and FAR. The principal uses on the site may include business service and supply establishments, eating establishments, retail sales establishments, financial institutions, personal service establishments, and fast food restaurants without a drive-through window. Adult video rental stores shall be prohibited. The Applicant reserves the right to alter individual building footprints and vary individual building sizes, if in substantial conformance with the GDP/SE Plat, provided the buildings are located within the building envelopes shown on the GDP/SE Plat and do not exceed an FAR of 0.17 and a maximum height of twenty-six (26’) feet. The maximum number of tenants in each building shall be limited to four (4). The maximum number of tenants for the site shall be limited to a maximum of twelve (12). The maximum square footage for all fast food restaurants and eating establishments shall not exceed 16,000 square feet. The maximum number of fast food restaurants and eating establishments shall not exceed six (6) exclusive of fast food restaurants that do not serve or sell lunch, such as businesses whose primary purpose is to sell coffee and ice-cream shops.




  1. Fast Food. The fast food restaurant(s) shall be permitted to operate daily between the hours of 6:00 a.m. and 11:00 p.m. There shall be no drive-through restaurants, to include, but not be limited to, McDonald’s, Wendy’s, Taco Bell, Hardees, Burger King and Arby’s.




  1. Hours of Operation. Tenant shall be limited so that no more than one-third (1/3) of the project will consist of restaurants that are open prior to 10:00 a.m. on weekdays.



  1. ARCHITECTURAL DESIGN




  1. Architecture. The architectural design of the buildings shall be in substantial conformance with the architectural elevations on pages 5 through 8 of the GDP. Modifications may be made if the final architectural designs are determined to be in substantial conformance with the elevations shown on the GDP/SE Plat by DPWES in consultation with DPZ. The development shall be coordinated with the surrounding commercial uses through the use of building materials, colors, landscaping or other similar design features and the following:


(a) A minimum of 25% of each building shall be constructed of brick which shall match the brick used on the existing Ameri-Suites Hotel and Sully Shopping Center located in close proximity to the subject property. Additional building materials may include architectural concrete block, architectural pre-cast concrete, stone, exterior insulation finish system (E.I.F.S.), cementifious siding products (including Hardi-board, Hardi-plank), and reflective and non-reflective glass, and shall be substantially consistent with the conceptual renderings prepared by Zivic & Hurdle Architects and submitted as pages 5 through 8 of the GDP/SE.
(b) The majority of the roofline shall be a metal standing seam mansard roof. In addition, window dormers shall be incorporated into the building roofline.
(c) All buildings shall be constructed with consistent treatment on all four sides. Rooftop mechanical equipment shall be screened from view.


    1. At the time of site plan review, the Applicant shall submit to DPWES architectural elevations of the proposed buildings to demonstrate conformance with this proffer.




  1. Lighting. Lighting shall be subject to Part 9 of Article 14 of the Zoning Ordinance. All exterior parking lot lighting shall be of a low-intensity design which focuses the light directly onto the site and shall be approved at the time of site plan approval by DPWES. Shields shall be installed to prevent the light from projecting beyond the site. The maximum height of the light poles shall not exceed 14’ in height.




  1. Dumpsters. The dumpsters shall be screened in enclosures made of the same materials used in the building construction.



  1. Trash Receptacles. There shall be a minimum of eight (8) trash receptacles dispersed throughout the site.



III. SIGNAGE


  1. Building Signs. All signage shall conform to the standards of Article 12 of the Zoning Ordinance. All building mounted signs shall be either internally illuminated or down lit. As stated in the Declaration of Protective Covenants and Restrictions that govern this property, all signs shall be uniform and consistent with the overall development of the Property and are subject to the prior written approval of the Westfields Board of Architectural Review as to the size, shape, color, material, design wording and location. No exposed neon building-mounted signage shall be permitted. Neon encapsulated in a plastic covering shall be permitted. There shall be no cabinet mounted style fascia signs. Building signage will consist of individual signage letters.



  1. Freestanding Signs. One freestanding sign shall be permitted on the site and it will be a ground-mounted, monument type. This identification sign shall conform to the provisions of Article 12 of the Zoning Ordinance. This sign shall be a maximum of twelve (12) feet in height with a maximum copy area of eighty (80) square feet to be divided among the future tenants of the subject property.



IV. TRANSPORTATION


  1. VDOT Easement. At the time of site plan approval, the Applicant shall grant to VDOT and/or Fairfax County a permanent utility and/or construction easement along the northern property boundary adjacent to the existing right of way as shown on the GDP, provided that such easements shall not preclude development or utilization of the subject property as depicted on the GDP.




  1. Stonecroft Boulevard Extended. The Applicant shall provide a proportional share of one half (1/2) of the cost for the extension of Stonecroft Boulevard to the east attributed to Tax Map 44-3-((6))-21, as required by DPWES at the time of the subdivision of Parcel 21A to create the application parcel.




  1. Interparcel Access. If requested by Department of Public Works and Environmental Services (DPWES) at the time of site plan approval, the Applicant shall grant an inter-parcel access easement to the property located to the south also identified as Tax Map 44-3-((1))-3 and as shown on the GDP pending an agreement in which the total cost of such improvements are paid solely by the owner of the Tax Map 44-3-((1))-3.



V. ENVIRONMENTAL

  1. Stormwater Management Pond. Stormwater management facilities shall be provided in accordance with the Public Facilities Manual (PFM), as determined by the DPWES. Subject to approval by DPWES, the Applicant reserves the right to fulfill the obligation for stormwater management and BMP measures off-site in an existing stormwater management pond which is part of Tax Map Parcel 44-3-((1))-15 and/or in an existing pond located in Tax Map Parcel 44-3-((4))-2. In the event that stormwater capacity is not approved off-site, the Applicant reserves the right to provide an alternative stormwater detention facility on-site with BMP control measures, to include underground facilities, in substantial conformance with the GDP and subject to approval by DPWES.





  1. Landscaping. Landscaping shall be provided in substantial conformance with the landscaping shown the GDP. Landscaping shall not be planted in the easement areas along the northern property boundary so as to allow full utility of the easement areas by VDOT. If, during the process of site plan review, any new landscaping shown on the GDP cannot be installed in order to locate utility lines, trails, etc., as determined necessary by the Urban Forestry Division, then an area of additional landscaping consisting of trees and/or plant material of a type and size generally consistent with that displaced, shall be substituted at an alternate location on the Property, subject to approval by the Urban Forestry Division.


[Remainder of page intentionally blank]

These proffers may be executed in counterparts and the counterparts shall constitute one and the same proffer statement.


Title Owner: Fairfax County Tax Map

44-3-((6))-21A pt.


Manassas Technology Ventures, LLC

a Virginia limited liability company


________________________________

By: Joan M. Smith

Title: Managing Member


Contract Purchaser: Fairfax County Tax Map

44-3-((6))-21A pt.
LWL, LLC

a Virginia limited liability company


________________________________

By: Brian J. Selfe

Title: Managing Member



DEVELOPMENT CONDITIONS
SE 2003-SU-025

January 28, 2004

If it is the intent of the Board of Supervisors to approve SE 2003-SU-025 located in the southwest quadrant of the intersection of Stonecroft Boulevard and Sully Road, Tax Map 44 3 ((6)) 21A part, for fast food restaurants, pursuant to Sect. 4-604 of the Fairfax County Zoning Ordinance, the staff recommends that the Board condition the approval by requiring conformance with the following development conditions:



  1. This Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

  2. This Special Exception is granted only for the purpose(s), structure(s) and/or use(s) indicated on the special exception plat approved with the application, as qualified by these development conditions.

  3. This Special Exception is subject to the provisions of Article 17, Site Plans, as may be determined by the Director, Department of Public Works and Environmental Services (DPWES). Any plan submitted pursuant to this special exception shall be in substantial conformance with the approved Special Exception Plat entitled “GDP/SE Plat, Part of Parcel 21A, Westfields, the International Corporate Center at Dulles” prepared by Burgess and Niple., consisting of eight sheets dated June 2003 as revised through January 9, 2004, and these conditions. Minor modifications to the approved special exception may be permitted pursuant to Par. 4 of Sect. 9-004 of the Zoning Ordinance.

  4. Parking shall be provided in accordance with the provisions of Article 11 as determined by DPWES, but shall not exceed 176 spaces as shown on the GDP/SE Plat.
  5. (a) As part of the site plan submission, the applicant shall provide a landscape plan, including varieties and sizes of plant materials to be installed, to the Urban Forestry Division for review and approval which shall be consistent with the GDP/SE Plat.

    (b) The landscape plan shall include the installation of landscape materials around the proposed freestanding sign.

    (c) The landscape plan shall include the entire median located in the northern corner of the remainder of Parcel 21A (off-site), and such landscaping shall be installed concurrent with the development of the subject property. Should permission for such landscaping not be granted, written documentation of the attempt to receive permission and failure thereof shall be provided to DPWES prior to site plan approval.


  6. Sidewalks shall be provided on both sides of the access drive crossing the remainder of Parcel 21A (off-site), as shown on the GDP/SE Plat. Should permission for such construction not be granted, written documentation of the attempt to receive permission and failure thereof shall be provided to DPWES prior to site plan approval.

(a) No more than four (4) colors shall be used for all building mounted signage on the subject property. Compliance with this condition shall be demonstrated at the time of sign permit issuance.

(b) The support structure of the freestanding sign shall consist of the same brick used in the buildings, and the colors used on the sign shall be limited to the same four colors used in the building mounted signage.



(c) As noted above, landscaping shall be installed around the freestanding sign.

  1. Temporary promotional banners, balloons, flags, or rooftop displays shall not be permitted on the exterior of the buildings. No promotional signage shall be permitted on any light poles; however, this shall not preclude the display of seasonal banners for the shopping center.

  2. No exposed neon shall be used for signage or architectural embellishment or ornamentation of the proposed buildings.

  3. No outdoor storage shall be allowed.

The above proposed conditions are staff recommendations and do not reflect the position of the Board of Supervisors unless and until adopted by that Board.

This approval, contingent on the above noted conditions, shall not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. The applicant shall be himself responsible for obtaining the required Non-Residential Use Permit through established procedures, and this Special Exception shall not be valid until this has been accomplished.

Pursuant to Section 9-015 of the Zoning Ordinance, this special exception shall automatically expire, without notice, thirty (30) months after the date of approval unless, at a minimum, the use has been established or construction has commenced and been diligently prosecuted. The Board of Supervisors may grant additional time to establish the use or to commence construction if a written request for additional time is filed with the Zoning Administrator prior to the date of expiration of the special exception. The request must specify the amount of additional time requested, the basis for the amount of time requested and an explanation of why additional time is required.






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