20020723 r-02-43RESOLUTION NO. 2002 - R-02-43
RESOLUTION TO APPROVE, WITH CONDITIONS, THE REQUEST OF ARMY NAVY
COUNTRY CLUB FOR A SPECIAL EXCEPTION FROM CITY CODE SECTION 110-
152(H)3 TO ALLOW EXPANSION OF THE EXISTING COUNTRY CLUB USE BY
MORE THAN 30 PERCENT, WITHOUT IMPROVEMENTS TO THE EXISTING
NONCONFORMING PARKING AREA, ON THE PREMISES KNOWN AS 3315
OLD LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED AS
TAX MAP PARCEL 58-1-02-005.
WHEREAS, Army Navy Country Club has submitted Application No. SE-329-02-1
requesting a Special Exception from City Code Section 110-152(H)3; and
WHEREAS, The City Council has carefully considered the application, the
recommendation of the staff and testimony received at the public hearing; and
WHEREAS, the City Council has determined that the proposed Special Exception,
with conditions, is appropriate because the proposal meets the requisites established by City
of Fairfax Code for the following reasons:
1. The request meets the criteria established in City Code Section 110-366.
2. The City Council has determined that the granting of a special exception will not be
inconsistent with the Comprehensive Plan or the purpose of the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax
on this twenty-third day of July, 2002 that Application No. SE-329-02-1 be and hereby is
APPROVED WITH CONDITIONS, as follows:
Improvements to the golf clubhouse, pool facility, and surrounding grounds shall be in
substantial conformance to the Special Exception/Special Use Permit Plat prepared by
John Manganello of Land Development Consultants, Inc., dated January 25, 2002 and
revised through June 27, 2002, and the schematic design prepared by MTFA
Architecture, Inc., dated June 3, 2002, subject to review and approval by the Board of
Architectural Review.
Army Navy Country Club (ANCC) shall record a public access easement
approximately fifteen feet wide along approximately one-third of the southern
property boundary to permit installation of a trail segment in a naturalized setting to
accomplish reasonable access to a footbridge crossing, to be installed by the City,
north of the culvert opening to the Daniels Run Stream from the dam on the adjacent
tank farm property. The precise location of the easement is to be mutually agreed
upon by the City and ANCC during the site plan review process. As a condition of
granting such access easement, it is hereby agreed that it shall be subject to the
following commitments from the City:
1) The City shall, at its own expense, install a minimum 6' tall black chain link
fence along the northern boundary of the easement to limit public access to the
area between said chain link fence and the existing ANCC fence that surrounds
the golf course facility. Such fence shall be installed prior to installation of any
path segment or footbridge and shall be designed to provide an appropriate
barrier to golf shots entering the easement area.
2) The City shall provide a written waiver of liability to the ANCC to hold the
club harmless in the event of injury from golf balls that may intrude upon the
easement.
3) The City shall be responsible for ongoing maintenance of the easement area in
a naturalized state. It is understood that under story and ground vegetation
may be disturbed to the minimum extent reasonable and necessary to install
and maintain a trail across this easement.
In the event that Army Navy Country Club (ANCC) is unable to reach agreement with
the City regarding the location and acceptability to its membership of the described
trail easement, Army Navy Country Club shall construct (or contribute $35,000 toward
construction of) a 6-foot wide asphalt path along the south side of Old Lee Highway
from the edge of the club's property near Cornell Road to just east of Rebel Run and
west of the entrance to the country club, as depicted in the City's current Capital
Improvement Program.
Adopted this 23rd day of July, 2002
Mayor
ATTEST:
The motion to adopt the resolution was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rassmussen
Councilman Silverthorne
Councilwoman Winter
Vote:
Aye
Aye
Aye
Aye
Aye
Aye