ft County of Fairfax, Virginia

To protect and enrich the quality of life for the people, neighborhoods and diverse communities of Fairfax County

April 13, 2006

Keith C. Martin, Esquire Sack, Harris & Martin, P.C. 8270 Greensboro Drive, Suite 810 McLean, Virginia 22102

RE: Proffered Condition Amendment Number PCA 84-L-020-20

Dear Mr. Martin :

Enclosed you will find a copy of an Ordinance adopted by the Board of Supervisors at a regular meeting held on April 3, 2006, approving Proffered Condition Amendment PCA 84-L-020-20 in the name of Apple Federal Credit Union and Kohl's Department Stores, Incorporated, to amend the proffers for RZ 84-L-020, previously approved for commercial retail development to permit an addition to an existing retail building and to add a freestanding building to include a bank with drive-through, eating establishment, office use and establishment of a commuter parking lot with an overall Floor Area Ratio (FAR) of 0.28 located in the northeast quadrant of the intersection of King Centre Drive and Sir Viceroy Drive (Tax Map 91-2 ((1)) 32C and 32E), subject to the proffers dated January 30, 2006, consisting of approximately 10.55 acres located in Lee District.

The Conceptual Development Plan Amendment was approved; the Planning Commission having previously approved Final Development Plan FDPA 84-L-020-02-11 on January 26, 2006, subject to the development conditions dated January 26, 2006, and subject to the Board's approval of PCA 84-L-020-20.

The Board also:

• Modified the transitional screening requirement and waived the barrier requirement to the east.

Office of Clerk to the Board of Supervisors 12000 Government Center Parkway, Suite 533 Fairfax, Virginia 22035 Phone: 703-324-3151 • Fax: 703-324-3926 • TTY: 703-324-3903 Email: [email protected] http: //www.fairfaxcounty.gov/bosclerk PCA 84-L-020-20 April 13, 2006 -2

• Approved a variance, in accordance with Paragraph 8 of Section 16-401 to permit the retaining wall located in the front yard to be greater than four feet in height, up to a maximum of ten feet.

Sincerely,

Nancy Vdhrs Clerk to the Board of Supervisors

NV/ns cc: Chairman Gerald E. Connolly Supervisor Dana Kauffman, Lee District Janet Coldsmith, Director, Real Estate Div., Dept. of Tax Admin. Barbara A. Byron, Director, Zoning Evaluation Div., DPZ Leslie B. Johnson, Deputy Zoning Administrator/Zoning Permit Review Thomas Conry, Dept. Mgr. - GIS - Mapping/Overlay Angela K. Rodeheaver, Section Chief, Tmsprt'n. Planning Div. Charles Strunk, Project Planning Section, Dept. of Transportation Audrey Clark, Director - Building Plan Review DPWES Michelle A. Brickner, Director, Deputy Director, DPWES Ken Williams, Plans & Document Control, ESRD, DPWES Deloris Harris, DPWES Department of Highways - VDOT Sandy Stallman, Park Planning Branch MgrCD/Design Development Div. District Planning Commissioner., FCPA Gordon Goodlett, Development Officer, DH Barbara J. Lippa, Executive Director, Planning Commission Jose Comayagua, Director, Facilities Management Gary Chevalier, Office of Capital Facilities/Ffx. Cnty. Public Schools At a regular meeting of the Board of Supervisors of Fairfax County, Virginia, held in the Board Auditorium in the Government Center at Fairfax, Virginia, on the 3rd day of April, 2006, the following ordinance was adopted:

AN ORDINANCE AMENDING THE ZONING ORDINANCE PROFFERED CONDITION AMENDMENT PCA 84-L-020-20

WHEREAS, Apple Federal Credit Union & Kohl's Department Stores, Inc. filed in the proper form an application to amend the proffers for RZ 84-L-020 hereinafter described, by amending conditions proffered and accepted pursuant to Virginia Code Ann. § 15.2-2303(a), and

WHEREAS, at a duly called public hearing the Planning Commission considered the application and the propriety of amending the Zoning Ordinance in accordance therewith, and thereafter did submit to this Board it recommendation, and

WHEREAS, this Board has today held a duly called public hearing and after due consideration of the reports, recommendation, testimony and facts pertinent to the proposed amendment, the Board is of the opinion that the Ordinance should be amended,

NOW, THEREFORE, BE IT ORDAINED , that that certain parcel of land situated in the Lee District, and more particularly described as follows (see attached legal description):

Be, and hereby is further restricted by the amended conditions proffered and accepted pursuant to Virginia Code Ann., § 15.2-2303(a), which conditions are incorporated into the Zoning Ordinance as it affects said parcel, and

BE IT FURTHER ENACTED, that the boundaries of the Zoning Map heretofore adopted as a part of the Zoning Ordinance be, and they hereby are , amended in accordance with this enactment, and that said zoning map shall annotate and incorporate by reference the additional conditions governing said parcels.

GIVEN under my hand this 3rd day of April, 2006.

Nancy Ve Clerk to the Board of Supervisors BC Consultants Planners • Engineers • Surveyors • Landscape Architects

June 9, 2003 flECEIVEf' Kohl's Dept. Store PDC Zone Department Of P1= r,n r r h 'Ir,;, Job No.: 03034.01 Page 1 of 3

Zoning Evaluation Division DESCRIPTION OF A PORTION OF THE PROPERTY OF KOHL'S DEPARTMENT STORES, INC. LEE DISTRICT FAIRFAX COUNTY, VIRGINIA

Being a portion of the property acquired by Kohl's Department Stores, Inc. as recorded in Deed Book 9803 at Page 1776 and being all of the PDC Zone of a portion of Parcel C - Commercial 34 Kingstowne as recorded in Deed Book 8928 Page 1353, and a portion of Outlot "A" as recorded in Deed Book 9269 Page 1326 among the Land Records of Fairfax County, Virginia and being more particularly described as follows

Beginning at a point being the intersection of the Southeasterly right-of-way lines of Kingstowne Boulevard (variable width) Deed Book 7048 Page 771 and Deed Book 10004 Page 1415 and Sir Viceroy Drive (variable width) Deed Book 9312 Page 1188 thence running with the Southeasterly right-of-way line of said Kingstowne Boulevard the followingg three (3) courses and distances

1) 19.81 feet along the arc of a curve deflecting to the left having a radius of 14,074.57 feet and a chord bearing North 51°29'1S" East 19.81 feet to a point, thence

2) 278.56 feet along the arc of a curve deflecting to the left having a radius of 2,383.12 feet and a chord bearing North 48°06'27" East 278.41 feet to a point, thence

3) North 50°27'32" East 72.51 feet to a point said being the Northwesterly corner of Kingstowne Commercial L.P. as recorded in Deed Book 6251 Page 713 thence running with the Westerly lines of said Kingstowne Commercial L.P. the following six (6) courses and distances

4) South 36°10'0S" East 226.21 feet to a point, thence

5) South 52°31.'26" West 100.00 feet to a point, thence

6) South 37°28'34" East 378.02 feet to a point, thence

7) South 13°18'19" East 152.08 feet to a point, thence The BC Consultants, Inc. 12600 Fair Lakes Circle, Suite 100, Fairfax, VA 22033 (703) 449-8100 (703)449-8108 (Fax) vww.bccoa.con June 9, 2003 Kohl's Dept. Store PDC Zone Job No.: 03034.01 Page 2 of 3

8) South 32°00'19" West 47.17 feet to a point, thence

9) South 10°01'19" East 120.80 feet to a point on the Northerly right-of-way line of King Centre Drive (variable width) Deed Book 9269 Page 1326, thence running with said King Centre Drive, the following two (2) courses and distances

10) 22.88 feet along the arc of a curve deflecting to the right having a radius of 365.00 feet and a chord bearing South 52°02'08" West 22.87 feet to a point, thence

11) South 53°49'52" West 233.39 feet to a point, thence leaving King Centre Drive and running through the property of Kohl' s Department Store's, Inc. as recorded in Deed Book 9803 at Page 1776 the following three (3) courses and distances

12) South 77°45'30" West 108.92 feet to a point, thence

13) 110.46 feet along the arc of a curve deflecting to the right having a radius of 350.00 feet and a chord bearing South 31°14'01" West 110.00 feet to a point, thence

14) 8.37 feet along the arc of a curve deflecting to the right having a radius of 630.00 feet and a chord bearing South 40°39'18" West 8.37 feet to a point on the aforementioned right-of-way line of King Centre Drive, thence running with said King Centre Drive the following two (2) courses and distances.

15) South 53°49'52" West 49.69 feet to a point, thence

16) 65.51 feet along the arc of a curve deflecting to the right having a radius of 40.00 feet and a chord bearing North 79°14'55" West 58.43 feet to a point on the Easterly right-of-way line of the aforementioned Sir Viceroy Drive, thence running with said Sir Viceroy Drive the following five (5) courses and distances.

17) North 32°19'42" West 155.03 feet to a point, thence

18) 324.59 feet along the arc of a curve deflecting to the right having a radius of 374.00 feet and a chord bearing North 07°27'53" West 314.50 feet to a point, thence June 9, 2003 Kohl's Dept. Store PDC Zone Job No.: 03034.01 Page 3 of 3

19) North 17°23'55" East 52.47 feet to a point, thence

20) 359.07 feet along the arc of a curve deflecting to the left having a radius of 500.00 feet and a chord bearing North 03°10'28" West 351.40 feet to a point, thence

21) North 06°44'01" East 56.37 feet to the point of beginning containing 459,401 square feet or 10.54639 acres of land.

This description was prepared without the benefit of a title report which may reveal or discover easements and/or rights-of -way not described herein.

V:\PRQJECT\_2003\03034\ Surv\ Documents\ 03034mbd2.doc PROFFER STATEMENT KINGSTOWNE PDC SECTION PCA 84-L-020-20 January 30, 2006

. Pursuant to Section 15.2-2303(A) of the Code of Virginia, 1950, as amended, and Section 16-403 of the Zoning Ordinance of Fairfax County (1978, as amended), Apple Federal Credit Union and Kohl's Department Stores, Inc., their successors and assigns (the "Applicant" or "Developer") in this Proffer Condition Amendment (."PCA") proffers that the development of the parcel under consideration and shown on the Fairfax County Tax Maps as Tax Map Reference No. 91-2 ((1)), Parcels 32C and 32E (hereinafter referred to as the "Property") will be developed in accordance with the following conditions if, and only if, said PCA is granted.' In the event said application is denied, this proffer statement shall be rendered null and void.

Except as modified below, the Property is governed by the Proffer. of Development. Conditions dated June 17, 1985, of DPA C-448-2 and RZ 84-L-020 and the subsequent amendments that apply to the Property, Proffer Statement dated November 17, 1992 of PCA 84- L-020-4, and Proffer Statement dated April 29, 1996 of PCA 84-L-020-10, except for the following modification to Proffer 67a.:

67a. Development of that portion of the Towne, Center identified as Building X and Building X-1 shall be in accordance with the plan entitled Proffered Condition Amendment/ FDPA, Kingstowne-Commercial 34, prepared by BC Consultants, Inc., dated June'20,2003, and revised through January 6, 2006.

In addition to. the above-referenced proffers, the development of the parcel under consideration and shown on the Fairfax County Tax Maps as Tax Map Reference No. 91-2 ((1)), Parcels 32C and 32E (hereinafter referred to as the "Property"), which is the subject of application number PCA 84-L-020-20, will be developed in accordance with the following additional. conditions if, and only if, said PCA is granted:

'1. Apple Federal Credit Union shall enter into a license agreement with the Fairfax County Board of Supervisors to provide twelve L12.) parking spaces on.the Property for a commuter park-and-ride facility within the proposed parking lot for the Credit Union building, as shown on the CDP/FDP. Subject to the provisions set forth in the license agreement, the twelve 12 spaces shall be available for use upon issuance of ,the NON RUP for Apple Federal Credit Union. The spaces shall be made available from 5:00 am to 11:00 pm, Monday thru Friday, excluding holidays, for a period of 10 (ten) years from the time they are first made available, after which either party may terminate the agreement upon thirty (30) days written notice, or upon the occurrence of certain events set forth in the license agreement. The license agreement shall stipulate that either party may terminate the agreement during the initial ten year period in the event that commuter parking in excess of the twelve spaces on the Property is occurring on a regular basis within the adjacent Kohl's parking lot. Fairfax County shall provide all necessary signage.

G:\share\Iegal\Stores\VA\Springfield\Proffer Statement 1-30.2006.doc 1 KOHL'S DEPARTMENT STORES, INC.

^..^ By:

Name: Richard D. Schepp Title: Executive Vice President

G:\sshare\IegaMtores\V A\Springfield\ProfTer Statement 1-30-2006.doc 3 7/RR'TIES, L.C.

D

Title: Chairman

Proffer Statement 1-30-2006.doc G:\share\Icgal\Stores\V A'Springficld\ D APPROVED DEVELOPMENT CONDITIONS

FDPA 84-L-020-2-11 (Building X and X-1)

January 26, 2006

If it is the intent of the. Planning Commission to approve Final Development Plan Amendment (FDPA) 84-L-020-11 located at Tax Map 91-2 ((1)) pt. 32C and pt. 32 E, staff recommends that the Planning Commission condition the approval by requiring conformance with the following development conditions which shall be in addition to all previously approved conditions that affect the subject street.

1. Development of the subject property shall be in substantial conformance with the plan, entitled "Kingstowne-Commercial 34," prepared by the BC Consultants dated June 20, 2003 as revised through January 6, 2006.

2. Dumpsters for Building X-1 shall be enclosed with brick or architectural block walls with a wooden gate.

3. The width of the island adjacent to the teller window/ATMs located at the southern side of Building X-1 shall be a minimum of 23 feet from face-of-curb to face-of-curb.

4. The applicant shall a provide a pro-rata contribution towards expansion of the existing right turn taper to a full right turn deceleration lane at the intersection of Kingstowne Boulevard and Sir Viceroy Drive as deemed appropriate by the Department of Public Works and Environmental Services and the Department of Transportation. In the event that sufficient funding for construction has not become available within ten (10) years from the approval of this application, the funds may be used for other transportation related improvements in the area as deemed appropriate by Fairfax County.

5. At the time of site plan review the applicant should verify that the sight distance calculations do meet current standards, or modify the plan as needed to achieve these standards. The two access points along Sir Viceroy Drive shall be designed to meet site distance requirements as determined by VDOT.

6. At the time of subdivision plan approval the applicant shall contribute $1,000 to the County to be placed in a fund established by the County specifically for the preservation and planting of trees within the County. LEGEND: anvlc rA6rf Won" LAIN aca"A WIDE s AREA 11111 IPIVCA011 MEA UIalN® 1x11 Ines (04570 whirl 0_A 1MM0 lQiA w MMfty "ONOO PNAVWA AoPOND nolol¢M lQ 1

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/ A. NONITY MAP AS SHOWN M PLAN. ,9 / EFT.) PARKING 1. TME PROPERTIES DELINEATED ON THIS PROFFERED 0111000) MEN01pT TNAL DEMELORRINT PILAW USE rW N xFlDN IIDBES 6A WA HEIGHT LOADING AMENDMENT (PCA/RDPA) ME LOCATED ON FAIRFM COUNTY TO ASSESSMENT MAP 9081 -2 ((1)) 0. PROPERTY U04 WONAIION AS 910RF1 ON 0128. ^*0 Bf.^@ PMT OF PARCEL SEC AND 22E AND ME 20109 PDC. C. NUB TO THE 911 TABULATION ON 9RE1 I FOR 8015410 SITE AREA Ra-l 09.09! 1. 13 M Flo No. 1N no 2 THE BOUNDARY NFOXUARCH SHOW HEREON 15 COMPILED FROM DEEDS OF RECORD AID ADJACENT 0. SCALE AND OWN ORION AS SIMMI ON PLOP. ;13 â It-to INFORMATION ANO OR 5 NOT REPRESENT A 010 SURVEY, NO 1011E R00WT WAS 0M15Hm. 4-00 mm 110 LVI 11 L EXISTING SHEET INROIMAT01 At 9)0011 ON PLAN . NO 04O41011 TO TIE P0IND a 1 SATGlAL lizom L THE TOPOGRAPHIC III NATION 01DW11 NFREBN 6 COMPILE. FROM LOW AL101000 AU4L R.O.W.'A ARE *[0UM 00 0170 THIS RAN. 0101.1110 101111 A-IA ] N 3100 1 SURVEY5. THE TOPOGRAPHY IS SHOWN AT A TWO FOOT CWML. INTERVAL THE BC CONSULTANTS F. TOPOMAP4Y AS SHAM M SEE 0110161 NOTE 2. OR CONSTRUCTION CHANCES 01E TO INACCURACIES N WAWNNIO mllER N 100 2 ASSUME NO RESPONSIBILITY FOR DESIGN N 100 1 TOPOGRAPHIC INFORMATION SHOWN HEREON. o"Mo 008101 tile G. PROPOSED USES AS SNOW ON SE[ W411AL NOR 52 FOR SUI OW14 1w60540 091100 A-S N M RRORMATI N PROPOSM RAM t ELM. !00010 ODRE A-N ®^, N N 4. M PROP00T[6 DOJ500T D ON 5416 PCA /PCPA ME N WE LEE MAOSTOIIAL DISTRICT, TIE . OJLDNO W 005510 09110 1-1 L`^.1 DO1CE CREEK SANITARY SEWER DISTRICT AND THE 0010E CREEK WATER SHED, H, REFER 10 THE 910E TABOR ON 91QT 1 FOR NUN N 011LMIO 1180415 *04500409 1100 F2 00000 ([nSOC x00!'8 NI[DNO) It OK 854100 [- PMT OF TIE FIRST FLOW OF N9DN0 R-1 905)80 08000 F1 71.04 FROPOKD BIALl11Me) WAY K GRADE. ANAL 0)10011 10 K DEERINIED AT M 9000104 0NI00 F4 2500 6. TO THE BEST OF OUR KNOWLEDGE, THIS DEVEL004ENT IS IN CONFORMANCE ON THE FAIRFM COUNTY *000 COMPREHENSIVE PLAN 040 WILL CONFORM iD THE PROVISIONS OF ALL APPLICABLE ORDINANCES, 10 PUN RNAEE 96P1M0 OWNER FB 9100 CENTER FI 7.000 RECULATC IS AND ADOPTED STANDARDS ARD CONDITIONS WITH WE EXCEPTION OF THE FOLOWNG I. 06TAN0O FROM RE PROP DEVELOPMENT 10 11E 011E BOUNDARY ARE 9100 01 91SPPPW 1010111 11-7 - FI0 8.800 PUN SOPPING 00 •lDl 1-I 5.000 MODIFICATION OF ALL NOSn10NA . 90®IN6 REOUKSI00T5 N1ENN 0002) 1I MAT AS 910N ON WE LOO N INN 441EMAL 09:5) N ACCORDANCE NM THE J. SR THE ARGUE Or BULK PLANE OCTAL 041001 FOUR NAPE PLANE 0MIMT4N. 0 0PPN0 CENTER 4-2 ' PLO 040 A WAIVER OF ALL BARNIIR REOJ1EMEN15 ( SN0N8 CDinl 0 7.00 PROVISIONS O' ARTICLE 13-b4. K. PROPOSED ORCOATOO AS 910M1 ON PLAN. SEE ALSO m1MAL 00110 I AND 15. 9DMWM 09110154 E 7.500 , SECTION AN, PARAGRAPH L PAIMC AND LOADING AS 240M ON FLAN 9100.10 0(I N 7.00 • REQUEST A VARIANCE IN ACCORDANCE WIN THE PROM90N OF ARTICLE II 7.000 5 O TIE FAIRFAX COUNTY ZONING OONAII0 TO PERMIT A RETAINING WALL TO BE LOCATED N THE S100PWIO COI0 1 M. OPEN SPACE AS 910M ON PLAN. MORNING GD101 R 7.500 FRONT YARD TO BE A HEIGHT HEATER NO A FEET (A MAOMO/ OF 10 FEET). 2NyN0 N. INFORMATION REGARDING LEGETAl10) AS SHOWN ON PUN. SEE SWEET 4 - DOS10IO Bum PEAL 1 Low COUNTY WOE TRANS RAN DATED 2002 , A BICYCLE NM ALONG TOE VEGETATION MAP, 00R W~rA F KONONG DINING 10(05 ON SIZE. S. ACCORDING TO THE FAIRFAX COUNTY - MEMO (1]04 SEATS) 0 541,500 M 1,084 PROP00NS MONTAGE WIN KINGSTDWE BOULEVARD, ADJACENT 10 DC VEPCO EASEMENT. N REQUIRED, AN 0' 0. THERE ARE NO CD/E7EN0 ON PLACES OF 011001, ON 911 TYPE I (EXISTING) NM IS PROVIDED TO FULFILL THIS REOLMEMENT. P. PROPOSED URf1RS M SNOWI PLAN OR REFER TO GENERAL NOT[ 11. 7, THE COUNTY OF FAIRFM 5 THE PUBLIC WATER AND SANITARY SEWER SUPPLY AGENCY FOR THIS DEVELOPMENT. M0* 01 9nK L u000 42 N 0 0. REFER TO OMOAL NOTE I FOP STONWATOS MAMAmM0T INWTOL. 0. STORMWATTR MANAGEMENT HAS (VIEW PROVID ED AS INDICATED ON THE OVERALL 1UP //S5TOIMWATO MMA0MENT A THE I n.M 0 1 STUDY PLO APPROVED BY FARFAX COUNTY DEPARTMENT O ENVIRONMENTAL MOAGp0T ON MAR01 21, 1806 R. EXISTING U10010 EASEMENTS SUGAR ON PLAN M 0601 TO 00540010 MOTE I. RETM 0 1 .4x00 N NM 1 PLOP I61116-PI-12-2. 96IDWL 21.98 434 B S THERE ARE NO 100 WAR MLOCI , 084'. 0MA'. 80 EOC'F ON 911 8. MIS PLAN SHOO THE 4PP00MATE LOCATION OF ALL EX19NC UNDERGROUND UTAITIES . THE LOCATION OF M TOTAL WAWA 0 WT 100 T. PHASE ONE WAS COMPLETED WI CONSTRUCTION OF T HE EN1N0 FAa111(5 M STE. EASEMENTS SHOWN ARE MOM TO MAPS AHD/OR DEEDS OF RECORD AND SHOULD NOT K REGARDED AS PHASE TWO 1101DF5 AM FACI S AS PROPOSED WIN 046 PCA/T= A. PHASE TWO CORRECT MD nMAL DEVELOPMENT SCHEDULE AM A9N0 TO BE DETERMINED BY 4886011 CONDITIONS. 4mImIeLDrmB.lDo 41/A A 205' VEPCO EASEMENT IS LOCATED ON THE NORTHERN PORTION OF THE 971 , ADJACENT 10 ONGSTOME R®MIAL (108061104) V AND W 1 (110 TOMAHAWK UNITS) co BOULEVARD. 2. REM TO 15. 011E TABULATIONS ON 94X7 I. R1ML (UAL-MART) Y I 1]L7;% 10 ID. THERE ARE NO XNOWN HAZARDOUS W TOXIC SUBSTANCES ON THIS SITE . F MY SUBSTANCES ME FORE, THE 1 N/A I2.IN METHODS FOR DISPOSAL SHALL AMORE TO COUNTY. STATE M FEDERAL LAW. s 4. AN ARCHITECTURAL ELEVATION IS 0OML ON 9RE1 S. 98(I) II. TH IS PLO DOES HOT SHOW PROPOSED UTILITIES. ALL NECESSARY PUBLIC UTIUTIES ARE READILY ACCCSSKE TO 10 1010 DR4LOIT USES 1,416,042 4,244 010 STE AND WILL K EXTENDED BY THE DEVELOPER AND/OR U01TY COMPANY. 5 THERE ARE NO MOM HAZARDOUS M 1000 SM7ANCES ON 911 IF MY SUBSTANCES ARE FOUND. WE METHODS FOR 06FOSAl SHALL 100154E 10 CONIY. STATE AND/OR 12. THERE ME NO CENE7001Q C PLACES OF SISAL ON STE FEDERAL LAW, RmNIFS GFA IS F.1 HEIGHT (FT.) PARKING LOADING 12. THE PNOP05W LIMITS O CLEANING AND GRADING ARE SHOW 04 TIE PLAN , THESE UN115 ARE FOR PHASE S. REFER 10 GENERAL MORE 6 FOR ORDNANCE CONFORMANCE AND/Olt WNMS AND TWO AMC 50RFE ONLY. PHASE ONE WAS CwPLEim NTH 111 ORIGINAL PG/7DPA THESE UNITS ME 100041IO1ML BEa(IBEO REQUIRED APROXIMATE AND ARE SIRECT TO ADAISMBJT AT ME TIME OF VIAL MAOWC , (11010JINo AND LOCATION OF PROPOSED UTLTIIEI WHERE THE UNITS OF CLEARING AND MAOWG ARE SHOWN ADJACENT TO A PROPERTY 7. AN AFFIDAVIT WILL BE P10MOED NTH THIS INGRAM& REAL (X01L'R)(2) X I 111,184 N A21 / 0NL IT SHOULD BE ASSUMED THAT THE LIMITS EXTEND TO THE PROPERTY LINE, 8. THEM ARE No OVERLAY DISTRICTS AFFECTING TES ST. RET0/OIKL/ X-1 2 ROOD N N 11. IF REOUOED , ANY AND ALL OFT-SITE GRADING , R.OW.. PARKING ACCESS AND UTILITY CROSSINGS SHALL ONLY K ORK-21 WARM 0LLOW{D ON PERWSSI H OF THE ADJACENT OWNER . HOWEVER. F PFRM1050N 15 DENIED W 1M1HUD FOR 124."4 504 1 T WHATEVER REASON, NEW THE APPLICANT MAY NEED TO APPLY FOR ANOTHER PROFFERED CONDITION TOTAL PROPOSED USER ANLNOYENT/TNAL DEWLOPMCNT PLO AMENDMENT (PCA/TTPA).

IS. P0VAIE STREETS. DRIVE AISLES MO PARKING SPACES SHALL CONFORM TO THE STANDARDS SET BY THE TOTAU FM ]ONE FAIRFM COUNTY PUBLIC FACILITIES MANUAL. TOTAL ANON USES: I,110.w 0.1S 15. PANTING It!. BE PROMO5 IN ACCORDANCE ON THE PROVISIONS OF MTK1E 11 O ME FAIRFAX COUNTY ZONING ODNANCE . THE NUMBER OF PALING SPACES PROVIDED NAY K A0 )51FD BASED ON T HE ACTUAL IOTA MOPO*0 USE. 108184 524 AMOUNT OF CROSS FL00R AREA PROVIDED. THE NUMBER OF PARKING SPACES 'WILL ONLY K REDUCED F A LESSOR AMOUNT OF GROSS ROW AREA 15 CONSTRUCTED . THE REDUCTION N PARKING SPACES WLL BE IN 901118 TOTAL' 1.743.404 8.810 A00011OAICE WIN THE PROVISIONS OF ARTICLE 11 . THE APPLICANT RESERVES THE NIGHT TO PROVIDE MORE RIM THE MNMUM REQUIRED PARKING.

IT, ACCORDANCE WIM PARAGRAPH 4 OF KCTON IS-A03 OF THE ZONING ORDNANCE , MINOR MODIFICATIONS TO THE SZE. DIMENSIONS , FOOTPRINTS AND LOCATIONS O BURDNGS , PARKING SPACES, LOVING SPACES, POC ZONE FAR AND OPEN SPACE 1014054!A710N4 SIDEWALKS. AND UTUTES MAY OCC UR WITH VIAL !ENGINEERING AND DESIGN . THE P00/PRINTS REPRESENTED HEREON ARE APPROXIMATE . BUILDING FOOTPRINTS MAY BE INCREASED W DECREASED SO LONG AS THE AEA 9.801 TO IM TOTAL ROD (1) SUBJECT TO MS TOTAL P00 PERIPHERAL LOT USE 01NENSON5 ME NOT DIMINISHED. THE MPUCANT RESERVES THE 6011 TO DEVELOP A PG/NA E'OM (.1.) 20( AREA (.1.) PCA/00A NM9GH ENE AREA LESSER AMOUNT O GROSS FLOW AREA THAN WAY NUMBER 0R0000ENT50 IRRE04 AND REDUCE TE NUMBER 1,M- OF PAIRING SPACES ACCORDINGLY ( SEE GENERAL NOTE II MOVE). 15591 YAK FAR 8 8 4 . : 1. m .5( 01) 1. TO 2511) IL THE D15T. FROM WE OUILONUS ) TO AN IN1NOIAL PROPERTY LINE HAS BEEN SHOWN ON THE PLAN. ALL M.7. 0001060 FM AM 0.0 1M8NI0N50(X0400 TIE IMIMAN EISTMCE REQUIRED BY THE ANGLE OF BULK PLANE UNLESS NOTED OINSUSE 212,10 1604 !Aa R[A11^ 1.41 Ae. 13441 Aa 21."02 ON TIC PLAN (SEE SULK PLANE OCTAL THIS SHEET). (1187 III 4.t') 1NAM ANTI SPACE 0005 ER 1.15 0 . 11."54 K. CLUDING NECESSARY RIGHT-OP-WAY ONADE AS REQUIRED 07y4 08,14 IN. ADEQUATE CLEM 5GHT DISTANCE WILL 00 PRO10E0 IN ]21161 OUSTING TEES THAT ARE LOCATED IN ME SONY DISTANCE EASEMENT ARE SUI LECT TO APPROVAL BY MOOT. 1206 1211E O THE 04)OMA DEPARTMENT OF 00ANSPMTATON AND MAY BE MOVED BASED ON FINAL 911 PLAN 312.04 APPROVAL.

20. ADDITIONAL 911 FEATURES SUCH AS ENTRANCE 5GNS UGATS AND/OR WALLS REPRESENTED 1(0(04 ARE FOR N1,N1 .L (IMM R.) 4A3IAOR AL (10.11 N.) ILLUSTARVE PURPOSES TO SHOW MALTY ONLY. HOWEVER, THE I N& FEATURES 0101050 WLL K N SUBSTANTIAL CONFORMANCE WTI T10M 910MN HEREON M WIN A COMPARABLE EQUIVALENT.

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CM OO AJO1Mg1 LA% UT, ROM " M . mw.01- 4036735 ZAPS USER GENERATED REPORTS ZONING APPLICATION SUMMARY REPORT APPLICATION NUMBER : PCA 84-L -020-20

DECISION DATE: 4/3/2006 HEARING BODY: BOS

CRD: NO MAGISTERIAL DISTRICT: LEE

APPLICANT NAME APPLE FEDERAL CREDIT UNION & KOHL'S DEPARTMENT STORES, INC

STAFF COORDINATOR : GCHASE ACTION : APPROVE

DECISION SUMMARY: ON APRIL 3, 2006, THE BOARD UNANIMOUSLY APPROVED PCA 84 -L-020-20, ON A MOTION BY SUPERVISOR KAUFMANN, SUBJECT TO PROFFERS DATED JANUARY 30, 2006.00

ZONING INFORMATION

EXISTING ZONING APPROVED AREA

DISTRICT AREA DISTRICT AREA PDC 10.55 ACRES PDC 10.55 ACRES

TOTAL 10.55 ACRES TOTAL 10.55 ACRES

TAX MAP NUMBERS 091-2- /01/ /0032-C 091-2- /01/ /0032-E

APPROVED ZONING DISTRICT DATA

ZONING DISTRICT: PDC

APROVED RESIDENTIAL DEVELOPMENT APROVED NON -RESIDENTIAL DEVELOPMENT

DWELLING LAND UNIT OF NO. UNIT OF LAND UNIT OF LAND USE MEASURE OF FLOOR AREA MEASURE MEASURE FAR 1 I W ITC AREA Ani15 AREA DRIV/BANK 126,964.00 SQ FEET 10.55 ACRES 0.28 TOTAL 126,964.00 SQ FEET 10.55 ACRES 0.28

PROFFER INFORMATION

PROFFER STATEMENT DATE : 01-30-2006

ITEM DUE DATE TRIGGER NO . TRIGGER EVENT CONTRIB AMT EXPIRATION DATE LANDSCAPING - ENVIRONMENT 01-01-0001 0 N/A $ 01-01-0001 PARKING 01-01-0001 0 N/A $ 01-01-0001 RETAINING WALLS 01-01-0001 0 N/A $ 01-01-0001 USE RESTRICTIONS 01-01-0001 0 N/A $ 01-01-0001 01-01-0001 0 N/A $ 01-01-0001

ARCHITECTURE / BUILDING MATERIALS, 01-01-0001 0 N/A $ 01-01-0001 WAIVERS/MODIFICATIONS

APPROVED WAIVERS/MODIFICATIONS

MODIFY TRANSITIONAL SCREENING REQUIREMENT

VARIANCE FOR HEIGHT OF FENCE IN FRONT YARD

WAIVE BARRIER REQUIREMENT

SUPPLEMENTAL MOTIONS

SUPPLEMENTAL MOTIONS APPROVED Departure, PEiVED P EASE TYPE 6, , /-.Z.7 ^-g^4 -oao . zo OR ^g1 lbA g]NK COMMONWEALTH OF VIRGINIA AUG 0 8 2003 COUNTY OF FAIRFAX APPLICATION FOR ZONING MAP AMENDMENT ZoningF valuation Dlvis10,1 APPLICATION NO. FDPA- (A signed by Staff) f lj^-,L- 2O ^.,2.-OPETITION TO: THE BOARD OF SUPERVISORS OF FAIRFAX COUNTY, VIRGINIA I (We), Apple Federal Credit Union & Kohl's Department Stores, Ine,.the applicant(s),. petition you to adopt an ordinance amending the Zoning Map of Fairfax County , Virginia, by reclassifying from the District to the District the property described below and outlined in red on the Zoning Section Sheet(s) accompanying and made a part of this application.

PROPERTY DESCRIPTION LEGAL DESCRIPTION: Parcel C Commercial 34 Kingstowne 8928 1353 Outlot A Property of Kingstowne Commercial LP 9803 1776 Lot(s) Block ( s) Subdivision Deed Book Page No.

TAX MAP DESCRIPTION: ID. 091-2 ((1)) 32C 10.54 acres 091-2 ((1)) 32E 883 acres

Nap No . Double Circle No. Single Circle No. Parcel ( s)/Lot(s) No . Total Area ( Ac.or Sq.Ft.)

POSTAL ADDRESS OF PROPERTY : (If any)' 5701 Kingstowne Boulevard Springfield, Virginia

ADVERTISING DESCRIPTION : ( Ex. South of Rt. 236, 1000 feet west of Rt. 274) Located in the northeast quadrant of the intersection of King Centre Drive and Sir Viceroy Drive

PRESENT USE: Retail PROPOSED USE: Retail, eating establishment, office, :?.and bank with drive-thru facilities SUPERVISOR DISTRICT : Lee District The Hate ( s) and address ( s) of owner ( s) of record shall be provided on the affidavit fan attached and made part of this application. The u ieael has)the pow a rise and does hereby authorize Fairfax County staff representatives on official business to en ct cess o process the application. ries L. Shuma , sg . e, Agent for Applicants Type or Print Name of Applicant or Agent

S ignature o f Appl icant or Agent 8280 Greensboro Drive, Suite 601, McLean, Virginia 22102 Address (703) 749-6034 Telephone No. Some York .t, > - 3--*g Please provide name and telephone number of contact person i f different from above . 0 0 - : - N > 0 NOT WRITE IN THIS SPACE

Date application received : Application Fee Paid : QQ;'' r_3

Date application accepted : 0 " 4'' r Form RZ (10/89) n/ fir

1104 9 4m,

41/s'017 Board Agenda Item April 3, 2006

3:00 p.m.

Public Hearing on PCA 84-L-020-20 (Apple Federal Credit Union & Kohl's Department Stores, Inc.) to Amend the Proffers for RZ 84-L-020 Previously Approved for Commercial Retail Development to Permit an Addition to an Existing Retail Building and to Add a Freestanding Building to Include a Bank With Drive-Thru, Eating Establishment, Office Uses and Establishment of a Commuter Parking Lot With an Overall Floor Area Ratio of 0.28. Located on Approximately 10.55 Acres Zoned PDC, Lee District

The application property is located in the northeast quadrant of the intersection of King Centre Drive and Sir Viceroy Drive, Tax Map 91-2 ((1)) 32C And 32E.

Planning Commission Recommendation: On Thursday, January 26, 2006, the Planning Commission voted 9-0-1 (Commissioner Byers abstaining; Commissioners Hall and Hopkins absent from the meeting) to recommend the following actions to the Board of Supervisors:

• Approval of PCA 84-L-020-20, subject to the execution of proffers consistent with those contained in Appendix 1 of the staff report;

• Modification of the transitional screening requirement and waiver of the barrier requirement to the east; and

• Approval of a variance to permit the retaining wall located in the front yard to be greater than 4 feet in height, up to a maximum of 10 feet.

The Commission voted 9-0-1 (Commissioner Byers abstaining; Commissioners Hall and Hopkins absent from the meeting) to approve FDPA 84-L-020-02-1 1, subject to the proposed Development Conditions dated January 26, 2006 and subject also to Board approval of PCA 84-L-020-20.

ENCLOSED DOCUMENTS: None. Staff Report previously furnished.

STAFF: Barbara A. Byron, Director, Zoning Evaluation Division , Department of Planning and Zoning (DPZ) Greg Chase , Staff Coordinator, Zoning Evaluation Division, DPZ Planning Commission Meeting January 26, 2006 Verbatim Excerpt

PCA 84-L-020-20 - APPLE FEDERAL CREDIT UNION & KOHL'S DEPARTMENT STORES, INC. FDPA 84-L-020-02-11 - APPLE FEDERAL CREDIT UNION & KOHL'S DEPARTMENT STORES. INC.

Decision Only During Commission Matters (Public Hearing held on January 25, 2006)

Commissioner Lusk: Thank you, Mr. Chairman. Since last night the applicant, staff, and I have come to a meeting of the minds on the transportation-related development conditions associated with the public hearing that we heard last night for the Apple Federal Credit Union. There are a number of conditions which are now dated January 26, 2006 which are being proposed for change. The first is deletion of Development Condition Number 4 and a revision of Development Condition Number 5 which now becomes a new Number 4. I'll just quickly state for the record what that change is. This condition requires the applicant to provide a prorated contribution toward the expansion of the existing right turn taper to a full deceleration lane, as deemed appropriate by the Department of Public Works and Environmental Services. If sufficient funds do not become available within 10 years from approval of this application, the funds may be used for other transportation-related improvements in the area, as deemed appropriate by Fairfax County. Now, additionally, I have a new development condition which is in response to a concern raised by my fellow Commissioner, Commissioner Lawrence. He apprised me since that we -since we have a number of trees being removed with the construction of the Apple Federal Credit Union building, he asked if the applicant would consider a small contribution to what he deemed a tree fund. After talking with the applicant, we were able to settle this matter with a development condition that basically states "At the time of subdivision plan approval, the applicant shall contribute 1,000 dollars to the County to be placed in the fund established by the County specifically for the preservation and the planting of trees within the County". and I think that addresses that issue . There are no outstanding issues with this application at this time and for the record, I'd like to note that I'm delighted that we were able to reactivate this request by Apple Federal. I think it will provide a unique opportunity for their more than 6,000 customers who are in the Kingstowne area to provide them a convenient location for their banking needs. Additionally, this approval will provide the community with 12 reserved parking spaces for commuter parking, something that the community needs. And I'd like to commend Apple Federal for their commitment to the community . It says a lot about their willingness to support and to help where they see a need. So, for that, I thank them. The application enjoys the support of the Lee District Land Use Committee, the Kingstowne Residential Owners Corporation, and the Fairfax County staff. So, with that, Mr. Chairman, I MOVE THAT THE PLANNING COMMISSION RECOMMEND TO THE BOARD OF SUPERVISORS APPROVAL OF PCA 84-L-020 (sic) SUBJECT TO THE EXECUTION PROFFERS CONTAINED IN APPENDIX 1 OF THE STAFF REPORT.

Commissioner Lawrence : Second. Planning Commission Meeting Page 2 January 26, 2006 PCA 84-L-020-20 and FDPA 84-L-020-02-11

Chairman Murphy: Seconded by Mr. Lawrence. Is there a discussion of the motion? All those in favor of the motion to recommend to the Board of Supervisors that it approve PCA 84-L-020- 20, say aye.

Commissioners: Aye.

Chairman Murphy : Opposed?

Commissioner Byers : Abstain; not present for the public hearing.

Chairman Murphy : Motion carries. Mr. Byers abstains; not present for the public hearing. Mr. Lusk.

Commissioner Lusk: Mr. Chairman, I further move that the Planning Commission recommend to the Board of Supervisors approval of FDPA 84 -L-020-02 -

Chairman Murphy: Hold on. You want to approve that.

Commissioner Lusk: - oh, pardon me. That's correct. I MOVE THAT THE PLANNING COMMISSION APPROVE FDPA 84-L-020-02-1 1, SUBJECT TO THE PROPOSED DEVELOPMENT CONDITIONS DATED JANUARY 26, 2006.

Commissioner Lawrence : Second.

Chairman Murphy : Seconded by Mr . Lawrence. Is there a discussion? All those in favor of the motion to approve FDPA 84-L-020 -02-11, subject to the Board's approval of the PCA, say aye.

Commissioners: Aye.

Chairman Murphy : Opposed?

Commissioner Byers : Abstain.

Chairman Murphy : Motion carries; same abstention. Mr. Lusk.

Commissioner Lusk: Mr. Chairman, I MOVE THE PLANNING COMMISSION RECOMMEND TO THE BOARD OF SUPERVISORS APPROVAL OF A MODIFICATION OF THE TRANSITIONAL SCREENING AND WAIVER OF THE BARRIER REQUIREMENT TO THE EAST.

Commissioner Lawrence : Second.

Chairman Murphy : Seconded by Mr . Lawrence. Discussion? All those in favor, say aye. Planning Commission Meeting Page 3 January 26, 2006 PCA 84-L-020-20 and FDPA 84-L-020-02-11

Commissioners: Aye.

Chairman Murphy: Opposed?

Commissioner Byers: Abstain.

Chairman Murphy: Motion carries; same abstention.

Commissioner Lusk: A final motion, Mr. Chairman. I MOVE THE PLANNING COMMISSION RECOMMEND TO THE BOARD OF SUPERVISORS APPROVAL OF A VARIANCE IN ACCORDANCE WITH PARAGRAPH 8 OF SECTION 16-401 TO PERMIT A RETAINING WALL LOCATED IN THE FRONT YARD TO BE A HEIGHT GREATER THAN 4 FEET AND A MAXIMUM OF 10 FEET.

Commissioner Lawrence : Second.

Chairman Murphy: Seconded by Mr. Lawrence. Is there a discussion of that motion? All those in favor of the motion, say aye.

Commissioners: Aye.

Chairman Murphy: Opposed?

Commissioner Byers: Abstain.

Chairman Murphy: Motion carries; same abstention.

Commissioner Lusk: Thank you, Mr. Chairman.

(The motions carried by votes of 9-0-1 with Commissioner Byers abstaining; Commissioners Hall and Hopkins absent from the meeting.)

SMD