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FAIRFAX

COUNTY


APPLICATION FILED: June 22, 2003

PLANNING COMMISSION: October 6, 2004

BOARD OF SUPERVISORS: October 18, 2004

@ 3:30 P.M.

V I R G I N I A
September 22, 2004

STAFF REPORT

APPLICATION SEA 80-P-135-04


PROVIDENCE DISTRICT
APPLICANT: McDonald’s Corporation
ZONING: I-5
PARCEL: Tax Map 49-4 ((1)) 17A
ACREAGE: 42,222 square feet
FAR: 0.10 FAR
OPEN SPACE: 34%
PLAN MAP: Mixed-Use
SE CATEGORY: Category 5, Use 11; Fast Food Restaurant
PROPOSAL: The applicant requests to amend SE 80-P-135-03 previously approved for a fast food restaurant with a drive through window and mini-warehouse for a 2.87 acre site. The request is a partial special exception amendment to permit building modifications for the fast food restaurant portion of the site only.
STAFF RECOMMENDATIONS:
Staff recommends approval of SEA 80-P-135-04, subject to the proposed development conditions contained in Appendix 1.

Staff recommends reaffirmation of the waiver of Additional Standards 5A and 5D for a fast food restaurant.

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.
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.







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




A GLOSSARY OF TERMS FREQUENTLY


USED IN STAFF REPORTS WILL BE

FOUND AT THE BACK OF THIS REPORT
DESCRIPTION OF THE APPLICATION
Proposal:

The applicant, McDonald’s Corporation, requests a partial special exception amendment to amend SE 80-P-135-03 previously approved for a fast food restaurant with a drive through window (Tax Map 49 4 ((1)) 17A), mini-warehouse facility (Tax Map 49-4 ((1)) 21A), increase in land area for the special exception and increase in FAR (floor area ratio). The original special exception (SE 80-P-135) was only for the fast food restaurant site and the amendment increased the area of the special exception from 33,584 square feet to 2.87 acres (Tax Maps 49 4 ((1)) 17A and 21A) in order to include the mini-warehouse site. The amendment permitted the redevelopment of the 2.87 acre site to remove the existing McDonald’s, Public Storage and Merrifield Auto Body Shop in order to construct a one-story (18 foot tall) 4,440 square foot McDonald’s with a drive through window, a two story (32.9 feet tall) 97,407 square foot Public Storage mini-warehouse facility and increased the FAR from 0.50 to 0.56. The applicant requests a partial special exception amendment that is limited to the McDonald’s portion of the site (Tax Map 49-4 ((1)) 17A). The request is to permit building modifications for an increase in height of McDonald’s from eighteen feet to a maximum height of twenty-seven feet and three inches. The height increase is due to a change in the roof façade treatment and there is no increase in the size of McDonalds; in fact the building is proposed to be decreased from 4,440 square feet to 4,128 square feet. The applicant requests an amendment to the approved building façade to include towers above the entrances, which result in the increased height; the rest of the roof does not exceed seventeen feet in height. The FAR for McDonald’s will remain at 0.10 and the on-site open space is proposed to be increased from 23% to 34%. The proposed development conditions, applicants’ affidavit and statement of justification are contained in Appendices 1-3, respectively.


Waivers and Modifications:
Reaffirm a waiver of Additional Standards 5A and 5D for a fast food restaurant under Section 9 505 of the Zoning Ordinance.

LOCATION AND CHARACTER
Site Description:
The I-5 (General Industrial District) zoned site is located east of Gallows Road, approximately 250 feet north of its intersection with Gatehouse Road. The existing structure is proposed to removed and replaced with a new McDonalds. Access to the site is proposed to remain from Gallows Road.
Surrounding Area Description:


Direction

Use

Zoning

Plan


North

Public Storage (SEA 80-P-135-03)

I-5

Mixed-Use

South

Amoco (Service Station/Car Wash)

I-5

Mixed Use

East

Shared Parking Area with Public Storage (SEA 80-P-135-03)

I-5

Mixed-Use

West

Luther Jackson Intermediate School

R-1


Public



BACKGROUND
On January 27, 1965, the Board of Supervisors approved RZ A-966 to rezone Tax Map 49 4 ((1)) 17A from the R-12.5 District (currently R-3 District) to the I-L District (currently I 5 District) without proffers. On February 9, 1971, the Board of Zoning Appeals approved a variance (V-2-71) to permit McDonald’s (constructed in 1973) to be located within 100 feet of a residential property to the north (Tax Map 49-4 ((1)) 21A was later rezoned to the I-L District and developed with the Public Storage min-warehouse facility).
On April 6, 1981, the Board of Supervisors approved SE 80 P 135 for an addition of a drive-through window and fifty-five square foot drive through booth to the existing McDonald’s (2,345 square feet).
On October 21, 1985, the Board of Supervisors approved SEA 80 P 135-01 to permit a 664 square foot addition for McDonald’s to expand the seating area and drive through booth area; however, the additions were not constructed and the special exception expired on May 21, 1988.
On January 17, 1992, SEA 80 P 135 02 request for a rear addition to increase McDonald’s to 3,084 square feet and increase the seating area was dismissed due to the applicant’s failure to prosecute the application.

On March 18, 2002, the Board of Supervisors approved SEA 80-P-135-03 to increase the land area of the special exception from 33,584 square feet to 2.87 acres (Tax Maps 49 4 ((1)) 17A and 21A) and redevelop the site by removing the existing McDonald’s, Public Storage and Merrifield Auto Body Shop and constructing a one story, 4,440 square foot McDonald’s with a drive through window and a two story (97,407 square foot) Public Storage mini-warehouse facility, increasing the FAR for the site from 0.50 to 0.56. At the date of publication the special exception has not been implemented and the site has not been redeveloped. This is the special exception and conditions that govern the site and copies are contained in Appendix 4.

COMPREHENSIVE PLAN PROVISIONS
The Fairfax County Comprehensive Plan, 2003 Edition, Area I, the Merrifield Suburban Center, Amended through July 21, 2003, under the heading Land Unit Recommendations, on pages 89 and 90 states:
Sub-Unit H-7:
This Sub-Unit is bounded by Gallows Road and Gatehouse Road and is developed with a mini-warehouse use and retail uses such as restaurants and auto repair/service uses. These uses are planned to remain at current intensities. Any modification, expansion, and/or reuse of the existing buildings should be consistent with guidelines for Existing Uses and Buildings under the Area-Wide Land Use section.
Option: As an option, redevelopment within this sub-unit to more intense retail and mini-warehouse uses up to 0.70 FAR may be appropriate if development proposals under this option address all applicable Area-Wide recommendations as well as the following:
 Development applications should provide a minimum consolidation of 2.5 contiguous acres that does not preclude the provision of future coordinated development plans with abutting properties. Coordinated development plans should encompass a minimum of 2.5 acres contiguous acres. Any development proposal should be consistent with the Land Use Guidelines for Consolidation and Coordinated Development in the Area-Wide Land Use section, which in part indicates that a proposal must demonstrate that any unconsolidated parcels are able to develop in conformance with the Plan.

 Any development proposal should provide for inter-parcel access between uses to reduce the number of vehicles entering and exiting to and from Gallows Road. In addition, development proposals in this sub-unit should provide access from Gallows Road and Gatehouse Road; however, if access to both Gatehouse Road and Gallows Road is not provided, the development proposal should not preclude a future connection for subsequent development proposals. In addition, any development proposal should reduce the number of access points on Gallows Road.

 Design of the commercial uses should have a more urban orientation and character. This redevelopment could include the replacement of existing drive-through uses, provided these uses are designed in a manner to create a more pedestrian-oriented environment. See the Urban Design Section of the Area-Wide Land Use Section for applicable guidance.
 Peak-hour traffic generation of the proposed uses should be similar to or less than the existing uses.
Height Limit: The maximum building height in this sub-unit is 50 feet. Any buildings over one (1) story in height should be designed with an office appearance…”


ANALYSIS



Special Exception Plat (Copy at front of staff report)
Title of SE Plat: “Public Storage and McDonald’s”

Prepared By: Bohler Engineering, PC

Original and Revision Dates: March 29, 2003, as revised through

May 26, 2004



Description of Plat:
The special exception plat consists of three sheets. Sheet 1 provides the special exception details, notes, angle of bulk plane detail and a BMP narrative. Sheet 2 provides the landscape plan, tabulations, light pole detail and the pocket park enlargement. Sheet 3 provides front, rear and side elevations for the proposed McDonalds.
 The applicant proposes to develop a one story (27 feet 3 inches tall) 4,128 square foot McDonald’s with a drive through window on the 42,222 square foot lot (0.10 FAR) and provide 34% open space.

 The site is currently approved for and continues to request to provide, separate right-in and right-out access points to Gallows Road. The entrance to the drive through window is located on the southern side of the building and the drive through window and exit are located on the north side of the building. The southern entrance to the building is located near the beginning of the drive through stacking spaces and the northern entrance is located just west of the drive through window. A walkway is proposed to connect the sidewalk along Gallows Road and the northern entrance to the building. There is a “pocket park” proposed at the southwest portion of the site which contains benches and tables as detailed on Sheet 2. Forty parking spaces are located on the site and twenty-five additional spaces are to be reserved off-site to the east for McDonald’s. The McDonald’s will have one hundred interior seats and twenty additional exterior seats are provided in the pocket park.

 Sheet 2 provides the landscape plan for the development that is consistent with that previously approved and the Merrifield streetscape plan. An eight foot wide landscape strip is proposed along Gallows Road, containing trees forty feet on center with a minimum caliper of 2.5 inches. A 10-15 foot wide landscaping strip is proposed containing trees forty feet on center with a minimum caliper of 2.5 inches. The trees are staggered between the two landscaping strips to give the appearance of a double row of trees spaced at twenty feet on center. Landscaping meeting the Barrier H standards is provided along the southern perimeter, ranging from nine to thirty-five feet in width. The applicants have provided 6.8% of the parking area for interior parking lot landscaping. The lighting plan for the site, which includes eight inch round bollard lights and sixteen foot tall parking lot lights, is provided on Sheet 2.
 Sheet 3 contains the front, rear and side elevations of the proposed McDonalds. The building will have a light beige and median brown colored brick façade on all four sides and a green standing seam metal roof. Roof accents in the form of towers are provided above the front and side entrances and are 27 feet 3 inches tall with the rest of the building limited to approximately 17 feet in height. The amendment is for the change of roof design that currently does not provide the towers and limits the height of the building to eighteen feet.
Land Use Analysis

The application is for an increase in height and minor site modifications that do not affect layout of the site. The height increase is requested to provide a different façade treatment for the McDonald’s building. The building is proposed to be constructed with brick on all four facades with accent towers over the entrances. The current approval is for a façade primarily consisting of EIFS (exterior insulation finish system). No changes have been proposed to the previously approved streetscape design, consolidation, and all the previous relevant development conditions have been brought forward.

Transportation Analysis
The application is for an increase in height and minor site modifications that do not affect the trip generation or layout. Since the applicant adequately addressed all transportation issues with the most recent amendment there are no transportation issues associated with the application. Staff notes that the applicant previously proposed to dedicate ninety feet from the centerline of Gallows Road for road improvements. Since the approval of SEA 80 P 135-03 the Virginia Department of Transportation (VDOT) determined that the right-of-way needed for Gallows Road improvements was less then ninety feet and the applicant has modified the dedication area to reflect the VDOTs plans and now proposes to dedicate seventy-seven feet from centerline. The reduction of right-of-way dedication was anticipated with the previous approval and permitted if in accordance with VDOT plans. All previous development conditions related to transportation impacts are being brought forward or modified to reflect the current VDOT plans for Gallows Road.
Environmental Analysis
The application is for an increase in height and minor site modifications that do not affect the layout. Since the applicant adequately addressed all environmental issues with the most recent amendment there are no environmental issues associated with the application. All previous development conditions related to environmental impacts are being brought forward.
Housing and Community Development Analysis
The proposed redevelopment of the parcel and significant addition of landscaping adds to the revitalization of this part of Merrifield.

ZONING ORDINANCE PROVISIONS (Appendix 5)

Bulk Standards (I-5)


Standard

Required

Provided

Lot Size

20,000 square feet (SF)

42,222 SF

Lot Width

100 feet

200 feet

Building Height

75 feet

27’ 3

Front Yard

45 ABP1, but not less than 40 feet (ABP = 27 feet)

44 feet

Side Yard

No Requirement

59 and 74 feet

Rear Yard

No Requirement

83 feet

FAR

0.50

0.10

Open Space

15%

34%

Parking Spaces


60 spaces2

11 stacking spaces



65 spaces3

11 stacking spaces

Loading Spaces


1 space4

1 space

  1. ABP = Angle of Bulk Plane

  2. One space per two seats for a table and/or counter seating, whether such seating facility is inside or outside, plus 11 stacking spaces for a drive-in window, with a minimum five such spaces designated for the ordering station.

  3. Forty parking spaces located on McDonald’s site (Tax Map 49-4 ((1)) 17A) and twenty-five reserved on Public Storage site (Tax Map 49-4 ((1)) 21A).

  4. Standard D: One space for the first 10,000 square feet of gross floor area, plus one space for each additional 25,000 square feet or major fraction thereof.



Transitional Screening and Barrier Requirement

Direction

Required

Proposed


North

None

5 foot wide landscape strip

South

None

9-40 foot wide landscape strip

East

None

5 foot wide landscape strip

West

Barrier H

Barrier H


1. Barrier H shall consist of a one row of six foot tall trees averaging fifty feet on center, such trees being a variety of types. This requirement may be omitted in cases where the building is six feet or less from the property line.
General Special Exception Standards (Sect. 9-006)
General Standards 1 and 2 require that the proposed use at the specified location be in harmony with the adopted Comprehensive Plan and the general purpose and intent of the applicable zoning district regulations. As stated previously the only change is the height and façade treatment to the building. In staff’s opinion, the site will continue to be in harmony with the Comprehensive Plan and applicable zoning regulations and these standards have been met.
General Standards 3 and 4 requires that the proposed uses and traffic be harmonious with and not adversely affect the use or development of neighboring properties or create hazardous vehicular or pedestrian conflicts in accordance with the applicable zoning district regulations and the adopted Comprehensive Plan. The architecture, type and size of the proposed buildings and site amenities will be harmonious and not adversely affect the neighboring properties. The development provides for the necessary dedication on Gallows Road and a connection to the existing travel lane to the north. In staff’s opinion, these standards have been met.

General Standards 5, 6, 7 and 8 require landscaping, screening, open space, utility, drainage, parking, loading spaces and signage to be regulated in accordance with the Zoning Ordinance. The applicant provided for the Boulevard Streetscape along Gallows Road in accordance with the Comprehensive Plan. The application meets or exceeds the open space requirement, utility, drainage, parking and loading space requirements. Staff has proposed a development condition to limit the size of freestanding signs. In staff’s opinion, these standards have been met with the adoption of the development conditions.

Category 5 Standards (Sect. 9-503)
The Category 5 Standards require that the proposed development meet the lot size and bulk regulations per the Zoning District, comply with the performance standards, and be subject to site plan review. The site meets or exceeds the lot size and bulk regulations.
Additional Standards for Fast Food Restaurants (Sect. 9-505)
Additional Standard 1A requires that the fast food use be architecturally compatible with the building group in which it is associated. The applicants submitted elevations for the buildings that are architecturally compatible with the adjacent proposed Public Storage building to the north. Standard 1B requires the pedestrian and vehicular circulation be designed to minimize the potential for turning movement conflicts and facilitate safe and efficient on-site circulation. The development provides interparcel access to the adjacent Public Storage development to the north. Standard 1C requires that parking and stacking spaces be located to facilitate safe and convenient access to all uses. The parking lot continues to provide safe and efficient access. Standard 5A requires that the fast food use be an integral design element of a site plan for an industrial building or complex containing not less than 30,000 square feet of gross floor area. The Board of Supervisors previously approved the waiver of this condition and as stated below staff supports a reaffirmation. Additional Standard 5D requires that no building permit be approved for the fast food use unless a building permit has been approved for the related industrial building. The Board of Supervisors previously approved the waiver of this condition and as stated below staff supports a reaffirmation. In staff’s opinion, these standards continue to be met.
Waivers/Modifications

Reaffirm a waiver of Additional Standards 5A and 5D for a fast food restaurant

Sect. 9 505 of the Zoning Ordinance requires that the fast food restaurant shall be an integral design element of a site plan for an industrial building or complex containing not less than 30,000 square feet of gross floor area. McDonald’s was constructed in 1973 and the Board of Supervisors approved the drive through facility and modification of the Par. 5A of Sect. 9 505 of the Zoning Ordinance on April 6, 1981, as part of SE 80 P 135. The Board of Supervisors again approved a waiver of this standard as part of SEA 80-P-135-03. Staff supports a reaffirmation of the waiver.
Par. 5D of Sect. 9-505 of the Zoning Ordinance requires that no building permit shall be approved for a fast food restaurant unless a building permit has been approved for the related industrial building. McDonald’s was constructed in 1973; the Board of Supervisors approved the drive through addition and modification of the Par. 5D on April 6, 1981, as part of SE 80-P-135. The Board of Supervisors again approved a waiver of this standard as part of SEA 80-P-135-03. Staff supports a reaffirmation of the waiver.

CONCLUSIONS AND RECOMMENDATIONS



Staff Conclusions

The request is for the amendment of the previously approved McDonalds to replace the existing McDonalds. The application is for the increase in height for the building from eighteen feet to a maximum height of twenty-seven feet and three inches, change in the façade treatment and minor site modifications. The height increase is for the roof accents over the entrances and do not increase the approved size of the McDonalds. The proposed changes do not affect land use, environmental or transportation issues that were adequately addressed with the previous approval. In staff’s opinion the revised SE Plat for SEA 80-P-135-3 is in harmony with the Comprehensive Plan and in conformance with the applicable Zoning Ordinance provisions.

Recommendation
Staff recommends approval of SEA 80-P-135-04 subject to the proposed development conditions contained in Appendix 1.
Staff recommends a reaffirmation of a waiver of additional standards 5A and 5D for a fast food restaurant.
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 recommendations of staff; it does not reflect the position of the Board of Supervisors.

APPENDICES


  1. Proposed Development Conditions

  2. Affidavit

  3. Statement of Justification

  4. SE 80-P-135-03 Development Conditions and Plat

  5. Applicable Zoning Ordinance Provisions

  6. Glossary

PROPOSED DEVELOPMENT CONDITIONS

SEA 80-P-135-04

September 22, 2004

If it is the intent of the Board of Supervisors to approve a partial amendment of SE 80-P-135-03 located at 3009 Gallows Road (Tax Maps 49-4 ((1)) 17A) previously approved for use of a fast food restaurant with a drive through, mini-warehouse facility, increase in land area and increase in FAR, to permit building modifications for the fast food restaurant with a drive through, staff recommends that the Board condition the approval by requiring conformance with the following development conditions which supercede all previous conditions for this portion of the site. Those conditions carried forward from the previously approved special exception are marked with an asterisk. (Minor edits have been made to conform with current terminology. These edits have been underlined.)



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




  1. 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.*




  1. 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 “Public Storage and McDonald’s”, prepared by Bohler Engineering and dated May 26, 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.




  1. A copy of this Special Exception SHALL BE POSTED in a conspicuous place on the property along with the Non-Residential Use Permits of the uses and shall be made available to all Departments of the County of Fairfax during hours of operation of the permitted uses.*



  1. Landscaping, in substantial conformance with the location, quality, quantity and design as depicted on Sheet 2 of the Special Exception Plat shall be installed on each lot, as shown on the Special Exception Plat, as determined by the Urban Forester, prior to issuance of the Non-RUP. Sufficient funds to complete landscaping on the entire site and within the right-of-way shall be bonded prior to the issuance of the associated lots Non-RUP, subject to DPWES approval. In the event that Gallows Road is scheduled to be widened within two years of the date of site plan approval, landscaping improvements within the right-of-way, and within those areas that may be necessary for temporary construction easements, may be bonded at the time of site plan approval subject to DPWES approval, and installed within one planting season after construction of the road is completed, as determined by VDOT, and as qualified above.

At planting, the minimum size caliper of deciduous trees shall be 2.5 inches; evergreen/coniferous trees shall be 6-7 feet in height and additional vegetation shall be provided within the planting strips, including ornamental shrubs, ground cover, flowering plants and grasses, as determined by the Urban Forestry Division. The landscaping shall be maintained including the landscaping located in the public right-of-way adjacent to Gallows Road. Any dead, dying or diseased vegetation shall be promptly replaced.*




  1. The eight foot wide sidewalk along the each lot’s frontage on Gallows Road shall be constructed prior to issuance of associated lots Non-RUP, subject to DPWES approval. Sufficient funds to complete the sidewalk along the frontage shall be bonded prior to the issuance of the Non-RUP, subject to DPWES approval. Brick pavers shall be provided between the sidewalk along Gallows Road and the northern entrance. In the event that Gallows Road is scheduled to be widened within two years of the date of site plan approval, sidewalks within the right-of-way, and within those areas that may be necessary for temporary construction easements, may be bonded at the time of site plan approval subject to DPWES approval, and constructed within one year after construction of the road is completed, as determined by VDOT, and as qualified above.*



  1. Site amenities shall be installed in the “pocket park” in substantial conformance with the location and quantity depicted on the Special Exception Plat prior to issuance of the Non-RUP, as determined by DPWES. Trash receptacles shall be located in the proximity of the pocket park. Damaged amenities shall be promptly repaired or replaced by the applicants. Evergreen shrubs shall be planted along the western and southern portions of the pocket park to form a hedge to prevent trash from blowing onto adjacent properties, as determined by the Urban Forester.*





  1. The architecture of all four sides of the buildings shall be in substantial conformance with the elevations provided of Sheets 3 of the Special Exception Plat in terms of style, color and materials. The insulated glass for the fast food restaurant and aluminum and insulated glass for the tower entrance of the mini-warehouse facility (Tax Map 49-4 ((1)) 21A) shall be substantially similar in terms of tint and appearance, as determined by DPWES. Glass used for façade purposes and insulated glass shall be substantially similar in terms of tint, as determined by DPWES.




  1. Public access easement shall be placed over all on-site travel lanes and recorded in the land records prior to site plan approval. The public access easement shall provide public access on the site for Tax Map 49-4 ((1)) 15B and Tax Map 49 4 ((1)) 30A and between Tax Maps 49-4 ((1)) 17A and 21A, in a form approved by the Office of the County Attorney.*



  1. A shared parking agreement shall be recorded in the land records between Tax Maps 49-4 ((1)) 17A and 21A prior to site plan approval. Tax Map 49 4 ((1)) 17A shall be granted a perpetual easement for the parking spaces located directly to the east of the structure on Tax Map 49-4 ((1)) 21A, in a form approved by the Office of the County Attorney. In accordance with Article 11, the minimum number of parking spaces located on Tax Map 49 4 ((1)) 17A for the benefit of Tax Map 49-4 ((1)) 21A shall be determined prior to site plan approval to provide for the required number of parking spaces based on the total number of proposed seats (indoor and outdoor) for the fast food restaurant, as determined by DPWES.*





  1. Parking spaces shall meet the provisions of Article 11 of the Zoning Ordinance and the geometric design standards in the Public Facilities Manual, as determined by DPWES.*




  1. Frontage improvements shall be constructed prior to issuance of the Non-RUP in conformance with the design and alignment of Gallows Road, subject to VDOT and DPWES approval. Should the design of the Gallows Road improvement not be determined prior to the development of the site, if determined appropriate by DPWES, an amount equivalent to the construction costs of the frontage improvements may be escrowed, with the amount determined by DPWES.




  1. Except for on-site directional signs and a menu board for the drive-through facility, no pole-mounted signs shall be permitted on the site. One freestanding monument sign shall be permitted which shall be limited to eight feet in height and fifty square feet in sign area. Building mounted signs shall be limited to those permitted by Article 12. No flags or banners shall be displayed on the building, except that an American Flag mounted on a flag pole may be permitted. All signs installed on the application property shall be unified in theme, design, and color exclusive of corporate and/or business logos and coordinated with the signage for the mini-warehouse facility located on Tax Map 49-4 ((1)) 21A. If lighted, signs shall be internally lit or lighted from the top downward.*



  1. All outdoor pole lighting fixtures shall be a maximum height of sixteen feet, full cut-off; focused downward, shielded to minimize glare with a flat lens and shall meet the Performance Standards set forth in Article 14 of the Zoning Ordinance. Lighting shall be provided in accordance with Sheet 2 of the Special Exception Plat. Lights shall be provided for the internal circulation of the site and along the sidewalk adjacent to Gallows Road, subject to DPWES approval. Exposed neon tubing and the use of ground mounted spotlights to illuminate signs or buildings shall be prohibited on site; however, ground mounted spotlights may be permitted to illuminate an American Flag. There shall be no lighting permitted on the buildings, including ribbed lights on the roof of buildings, except to light building mounted signs. All building mounted security lights shall be shielded to minimize light trespass onto adjacent properties.*





  1. All trash dumpster(s) located on the property shall be enclosed by a solid, opaque barrier with a gate, as determined by DPWES.*




  1. There shall be no outdoor storage or display of goods permitted on site.*




  1. Best Management Practices and Stormwater Detention shall be provided on-site to meet on site requirements and help alleviate existing downstream drainage issues identified during site plan review, subject to DPWES approval. The site shall comply with the Chesapeake Bay Preservation Ordinance, as determined by DPWES.*




  1. The maximum number of interior seats for the fast food restaurant shall be limited to one hundred seats. The maximum number of exterior table seats or “pocket park” seats shall be limited to the number which can be accommodated by the number of parking spaces provided for the fast food restaurant in accordance with Article 11 of the Zoning Ordinance. There shall be no parking spaces required for bench seats if they are not part of a table.*




  1. A speaker box may be allowed to facilitate transactions for the drive through facility. The volume of the speaker box shall be maintained at a level that is not audible from adjacent properties.*




  1. The fast food restaurant shall patrol the subject property and the surrounding area within one hundred feet daily, for the collection of fast food trash.*



  1. There shall be no gates or fences used on site to prevent free flow vehicular circulation between Tax Maps 49-4 ((1)) 17A and 21A and Gallows Road.*





  1. The final location of the proposed pedestrian connection to the east shall be determined at the time of site plan approval, as determined by DPWES.*




  1. Speed humps shall be provided across the southern stacking and travel lane near the entrance to the fast food restaurant, as approved by DPWES. Stop bars and stop signs shall be provided near the exit of the drive through and signage provided to regulate the drive through traffic.*




  1. Prior to issuance of the first Non-RUP for either 49-4 ((1)) 17A or 21 A, $15,800 shall be contributed to the Park Authority for the acquisition of parkland or equipment in the Merrifield area. This contribution shall be subject to inflationary adjustments from the date of special exception approval to the date the money is contributed based increases to the Construction Cost Index from the Engineering News Record.*




  1. Prior to issuance of the first Non-RUP for either 49-4 ((1)) 17A or 21 A, $10,000 shall be contributed to Fairfax County to be used for trip reduction in the Merrifield area. The contribution may also be used for the construction of a bus shelter in the immediate vicinity or for a shuttle service in the Merrifield area should one be established. This contribution shall be subject to inflationary adjustments from the date of special exception approval to the date the money is contributed based increases to the Construction Cost Index from the Engineering News Record.*



  1. Right-of-way along the Gallows Road frontage of the site as shown on the Special Exception Plat, shall be dedicated and conveyed in fee simple to the Board of Supervisors, with the dedication area determined by VDOT and DOT. Such dedication shall occur at site plan approval for the property.

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 applicants from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. The applicants shall be themselves 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 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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