20050222 R-05-09RESOLUTION No. R-05-09
RESOLUTION TO APPROVE THE REQUEST OF JAGUAR
DEVELOPMENT, L.C., BY LYNNE J. STROBEL, ATTORNEY-IN-
FACT, FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY
CODE TO ALLOW ENCROACHMENT INTO THE REQUIRED 100-
FOOT-WIDE RESOURCE PROTECTION AREA BUFFER, BUILDING
HEIGHT THAT EXCEEDS THE MAXIMUM PERMITTED AND
SIDEWALK WIDTH THAT IS LESS THAN REQUIRED IN THE
TRANSITION OVERLAY DISTRICT ON THE PREMISES KNOWN AS
10649, 10669 AND 10689 MAIN STREET AND 4020-4025 YORKTOWN
DRIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP
PARCELS 57-1-((2))-119, 120 AND 121; 57-1-((20))-1, 2 AND 7; 57-3-
((3))-3, 4, 5 AND 6.
WHEREAS, Jaguar Development, L.C. has submitted Application No. SE-788-04-
requesting a Special Exception to the City Code listed below:
Section 110-84(d) - Buffer Area Requirements. To minimize the adverse
effects of human activities on the core components of
Resource Protection Areas, state waters, and aquatic life, a
one-hundred-foot (100') buffer area of vegetation that is
effective in retarding runoff, preventing erosion, and filtering
nonpoint source pollution from runoff shall be retained if
present and established where it does not exist. The one-
hundred-foot (100') buffer area shall be deemed to achieve a
seventy-five percent (75%) reduction of sediments and a forty
percent (40%) reduction of nutrients. The buffer area shall be
maintained to meet the following additional performance
standards:
(1) In order to maintain the functional value of the buffer
area, indigenous vegetation may be removed only to
provide for reasonable sight lines, access paths,
general woodlot management, and best management
practices (including those that prevent upland erosion
and concentrated flows of stormwater).
(2) When the application of the buffer areas would result
in the loss of a buildable area on a lot or parcel
recorded prior to October 1, 1989, the Zoning
Administrator may permit encroachments into the
required buffer area pursuant to Section 110-89,
Administrative Waivers and Special Exceptions, and
in accordance with the following provisions:
a. Encroachments into the buffer areas shall be
the minimum necessary to achieve a
reasonable buildable area for a principal
structure and necessary utilities;
b. Where practicable, a vegetated area shall be
established elsewhere on the lot or parcel in a
manner that will maximize water quality
protection, mitigate the effects of the buffer
encroachments, and is equal to the area of
encroachment into the buffer area; and
c. In no case shall the encroachments extend into
the seaward fifty (50') feet of the buffer area.
Section 110-1046(2) - Maximum building height. No wall of any
structure shall be exposed more than 43 feet
above the finished grade.
Section 110-1046(3)a.2. - Comer Lot. Each structure shall be separated from
the right-of-way by a sidewalk at least ten feet in
width. Notwithstanding the provisions of Section
110-76, there shall be no additional requirements
for visual clearance.
WHEREAS, City Council has carefully considered the application, the
recommendation of the staff and testimony received at the public heating; and
WHEREAS, City Council has determined that the proposed Special Exception is
appropriate because the proposal meets the requisites established by City of Fairfax Code
Section 110-89(d) and Section 110-1046(6) for the following reasons:
1. The special exception request to allow encroachment into the RPA buffer
satisfies the general performance criteria for Resource Protection Areas detailed
in Section 110-84.
2. The proposed encroachment is the minimum necessary to afford relief.
3. Granting the request will not confer any special privileges denied other property
owners in similar situations.
4. The request is in harmony with the purpose and intent of the City's Chesapeake
Bay Preservation Ordinance.
5. The request is not based upon conditions or circumstances that are self-created
or self-imposed.
6. The request will not allow activity that causes degradation of water quality.
7. The request to exceed the maximum building height is expected to result in a
building that will complement the unique character of the Old Town Fairfax
Historic District with respect to building size, scale, placement, design and use
of materials.
8. The request to reduce the width of the sidewalk is not expected to result in a
streetscape within the Transition Overlay District that does not complement the
historic character of Old Town Fairfax.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 22nd day of February 2005, that Application No. SE-788-04-1 be and hereby
is APPROVED, as requested.
Adopted: February 22, 2005
ATTEST:
( City Clerk
Mayor
The motion to adopt the resolution was approved 4-2.
Votes
Councilmember Cross
Councilman Greenfield
Councilmember Lyon
Councilman Rasmussen
Councilman Silverthome
Councilmember Winter
Yea
Yea
Nay
Yea
Nay
Yea