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R-09-22RESOLUTION R-09-22 RESOLUTION TO APPROVE THE REQUEST BY BEN HOLLIDAY OF CLAYTON SIGNS, INC. AS AGENT FOR CHICK-FIL-A, OWNER, FOR A SPECIAL EXCEPTION FOR RELIEF FROM THE RESTRICTIONS OF CITY CODE SECTIONS 110-180 AND 110-179 TO PERMIT THE PLACEMENT OF A BUILDING-MOUNTED SIGN ON THE SIDE OF A BUILDING WHERE THERE IS NO PUBLIC ENTRANCE AND TO PERMIT AN ILLUMINATED SIGN TO BE LOCATED LESS THAN 100 FEET FROM A RESIDENTIAL DISTRICT ON THE PROPERTY KNOWN AS TAX MAP PARCEL 48-3-06-015 AND ALSO KNOWN AS 9509 FAIRFAX BOULEVARD. WHEREAS, Ben Holiday, of Clayton Signs, Inc_, as Agent for Chick-fil-A, Owner, has submitted Application No. SE-09020024 requesting a Special Exception to allow the placement of abuilding-mounted sign on the side of a building where there is no public entrance and allow an illuminated sign to be located 40 feet from a residential district in accordance with Sections 110-185. WHEREAS, City Council has carefully considered the application, the recommendation from Staff, and testimony received at the public hearing; 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 1 10-366 and 1 10-185 for the following reasons: 1 J The request is consistent with the comprehensive plan and other adopted city goals and policies; 2) The request is appropriate given the size and shape of the lot and the lot's site design on which the use is proposed; 3J The request will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety; 4~ The request will not be contrary to the objectives specified in the comprehensive plan; 5) The request will not adversely impact adjacent property or the surrounding area; 6J The request will not adversely impact the safety and welfare of residents living in the area; and 7J The request is in harmony with the general purpose and intent of the applicable article of Chapter 1 1 O of the City Code_ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 26U' day of May, 2009, that Application No. 5E-09020024 be and hereby is APPROVED, as requested with the following conditions: 1 . The applicant shall obtain the City Board of Architectural Review's ~BAR's~ approval for a modification to the Chick-Fil-A Center's Master Sign Plan as previously approved by the BAR on Dec_ 17, 2008 to accommodate this requested sign_ 2. The proposed building mounted sign shall conform to the dimensions and design as presented on Exhibit B2 with a sign area of 25.26 square feet. 3. The sign shall be illuminated with steady, non-blinking bulbs and will be equipped with a shutoff device/timer that will turn off the lights between the hours of 10:00 pm and 6:00 am. 4. The approved sign shall otherwise fully comply with all provisions of Chapter 1 1 O of the City Code, including the requirement for obtaining a sign permit prior to installation_ 5. The applicant shall remove the currently permitted sign on the south side of the building. The motion to adopt the resolution was approved June 9, 2009 __.. ~ ~, Mayor Attest: City Clerk Votes Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilman Rasmussen Absent Councilman Stombres Aye