R-08-42
R-ESOLUTIO~ R--08-42
R-ESOLUTIO~ TO APPR-OVE TI-IE R-EQUEST OF I>AVII> I-IOUSTO~.
ATTOR-~EY. FOR- VVALGR-EE~ CO.. FOR- A SPECIAL E:X:CEP'TIO~ PUR-SUA~T
TO CITY COI>E SECTIO~ 110-158 TO ALLOVV A I>R-IVI~G I...A~E TO BE
LOCATEI> IlVllVlEI>IATELY AI>JACE~T TO A STR-UCTUR-E VVITI-IOUT
SEPAR-ATIO~; FOR- A SPECIAL E:X:CEPTIO~ PUR-SU~T TO CITY COI>E
SECTIO~ 110-783 TO ALLOVV 21 PER-CE~T OPE~ SPACE VVI-IERE 25 PER-CE~T
IS R-EQUIR-EI>; FOR- A SPECIAL E:X:CEPTIO~ PURSU~T TO CITY COI>E
SECTIO~ 110-263 TO lVlOI>IFY TI-IE PAR-KI~G LOT PER-IlVlETER- ~I>SCAPI~G
FR-OlVl 25 FEET TO 19 FEET AT TI-IE R-EAR- ~I> FR-OlVl A lVlI~IlVlUlVl OF SEVE~
FEET TO TVVO FEET ALO~G TI-IE SII>E. A~I> FOR- A SPECIAL E:X:CEPTIO~
PUR-SUA~T TO CITY COI>E SECTIO~ 110-263 TO lVlOI>IFY TI-IE SEVE~
PAR-KI~G LOT IS~I>S TI-IAT lVlEET COI>E ST~I>AR-I>S VVI-IER-E TE~ ARE
R-EQUIR-EI> O~ TI-IE PR-ElVlISES l.'CN"O~ AS TAX lVlAP PAR-CEL 57-1-02-04~I>
ALSO l.'CN"O~ AS 10980 FAIRFAX BOULEVAR-I>.
'\XTI-:IEREAS, '\XTalgrecn Ca., has submitted Application. No. SE-OS020012 requesti.n..g the
Special Exceptions to the City Codes listed. belc>~:
SecticH-.. 110-153(3)
Driv-ing lanes lc>catcd immediately adjacent 1:<:>
struct"L1res shall be separated from such stru.ctl...:1re
by :a. siclc'-Valk, landscaped strip,. or cc>mbin.:a.tion
t:herc<-~E ne>t less thar1 fC>"LI-r feet: ill Vil"idth.
Section 110-783
A m.in..i.r:num of 2S percent C)f the gross
e>f the lot: shall be landscaped
open. space.
Section. 1. 1. 0-263
Each ofT-street: parking not:
adjacent: to the right-of-ViI"ay shall be
separated. from the property line by a
lat:1clscapecl strip of rle>t: less than the
Vil"iclth e>f the required setback for the
zoui.t:1g district Vil"irhin. Vil"hich such
parkin.g area is located", or 12 feet in..
~idth~ -v.rhichev-er is less~ provided that
a m..ir1.i.rY1.u..m of seven feet in '-Vidth shall
be provided.
Section 1 10-263
At lea.st one planting island '-Vith
min.irrn..~m dimensions of :nine feet by
18 reet shall be provided for every 12
parking or loadin..g spaces proposed.
Each required planting island shall be
landscaped '-Vith a decidu..ous tree
'-Vhich meets the d.irrJ.ensional
requ.iremeuts established ir1 su..bsectiou
(a)(1) of this sectie>rL
"'\XT:I-:lERF4AS~ City Ce>uucil has carefully ce>usidered the applicatie>n~ the rec:e>mmeudatic>n
c>r the staff and tcstime>ny received at the pu..blic heari.r1g; and
'\X7:I-:1ER.EAS~ City Cc>uncil has determined that the pre>pe>sed Special Exception is
appropriate becau..sc the pre>posal meets the requisites established by City e>f Fairfax Code
Sectie>ns 110-366 and 110-158 fe>r the folle>'-Vin..g reasons:
1) ~rhe rcqu..est -v.rill n<:>t result in.. in..c:reascd traffic ce>:ngest1o:n or e>the~ise negatively
irn..pact ex.isti.n..g traffic fIo"," or pedesrrian a:n.d vehicular safety;
2) The request ","ill ne>t be contrary t<:> the objectives specified in. the ce>mprehensive
plan;
3) The request ","ill nc>t res-ult in.. inadequ..atc e>n-site amenity;
4) ~rhe req-uest is necessary te> permit the rease>nablc use of the s-ubjec:t property;
5) The req-uest ....vill 1:1c>t adversely impact adjace:n.t prc>perty <>r the surround.i.:ng area;
6) The request is the minimum necessary to afford relief;
7) Granting the request will not confer upon the applicant any special privileges that are
denied by this division to other property owners who are subject to its provisions and
who are similarly situated;
8) The request is in harmony with the purpose and intent of this division and is not of
substantial detriment to water quality;
9) The request is not based upon conditions or circumstances that are self-created or
self-imposed; and
10) Reasonable and appropriate conditions are imposed, as warranted, that will
prevent the allowed activity from causing a degradation of water quality.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on
this 7 day of October 2008, that Application No. SE-08020012 be and hereby is APPROVED, as
requested per the following conditions:
1. All improvements shall be in substantial conformance with the Conceptual Development
Plan revised through September 5, 2008, and as revised to accommodate conditions 2-6;
2. The building foundations in proximity to the existing storm easement shall be extended to
the bottom elevation of the adjacent 72-inch storm drain pipe and designed for full exposure
on the easement side;
3. The applicant shall record an agreement that the applicant shall remove the canopy
overhangs in the easement at the applicant's expense upon demand for maintenance of the
pIpe;
4. As part of the site plan submittal the applicant shall include an analysis of overland flow
demonstrating the capacity of the site to carry the waters of the 100-year storm in the event
that the underground pipe is clogged;
5. The applicant shall coordinate with the City prior to construction to provide a mutually
beneficial time for the City to make any necessary repairs to the existing storm drainage
system; and
6. At the time of site plan approval, the applicant shall post a bond to assure the following: The
two connections between Fairfax Boulevard and the frontage road along the frontage of the
entire tax map parcel shall be removed, and landscaping, street trees, and acorn style street
lights shall be installed across the frontage of the entire lot between Fairfax Boulevard and
the service drive at such time as commencement of construction to the intersection and
Fairfax Boulevard take place. The sidewalk shall be relocated to the northern side of the
service drive, and an easement granted to the City of Fairfax for public use, and shall stretch
across the width of the entire lot.
Adopted this 7 day of October 2008
~h_
Y1~~
City Clerk
The vote on the motion to approve was recorded as follows:
Votes:
Councilmember Cross
Councilman Drummond
Councilman Greenfield
Councilman Meyer
Councilman Rasmussen
Councilman Stombres
Absent
Aye
Aye
Aye
Aye
Aye