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R-10-26City Council City of Fairfax RESOLUTION NO. R-10-26 APPROVAL RESOLUTION TO APPROVE THE REQUEST BY CH REALTY III/OLD TOWN VILLAGE LLC, OWNER, FOR SPECIAL EXCEPTIONS FOR RELIEF FROM THE DEVELOPMENT STANDARDS SET FORTH IN ARTICLE II DIVISION 7 OF THE CITY ZONING ORDINANCE ON THE PROPERTY KNOWN AS TAX MAP PARCELS 57-2-43-D1-101, 57-2-43-D2-201, 57-2-43-D4-401, 57-2-43-D4-403A, 57-2-43- D2-202, 57-2-43-D3-301, 57-2-43-D4-402, 57-2-43-C1-101, 57-2-43-C1-102, 57-2-43-C1- 103, 57-2-43-C2-201, 57-2-43-B1-102, 57-2-43-B1-104, 57-2-43-B2-203, 57-2-43-B2-204, 57-2-43-B1-101, 57-2-43-B1-103, 57-2-43-B2-201, 57-2-43-B2-202, 57-2-43-B3-301, and 57-2-43-F1-000, AND ALSO KNOWN AS 3925 AND 3955 CHAIN BRIDGE ROAD AND 3950 UNIVERSITY DRIVE. WHEREAS, Martin D. Walsh, as Attorney/Agent for CH Realty/Old Town Village LLC, has submitted Application No. SE-10030015 requesting Special Exceptions to: 1. Allow a ground-mounted office center identification sign to identify individual businesses and to exceed 40 square feet in size; 2. Allow a ground-mounted sign to exceed six feet in height and to allow a 41.11 square-foot sign to be located within the required 20-foot setback; 3. Allow sandwich board signs in the Old Town Fairfax Transition Overlay District; and 4. Allow signage greater than six feet in height that is located within 300 feet of any residential district to be illuminated between the hours of 10:00 p.m. and 6:00 a.m.; and 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 Exceptions with some limitations would be appropriate because the proposal would meet the requisites established by City of Fairfax Code Sections 110-366 and 110-185, and for the following reasons: 1) 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; 3) 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; 6) The request will not adversely impact the safety and welfare of residents living in the area; 7) The request is in harmony with the general purpose and intent of the applicable article of Chapter 110 of the City Code; and 8) The applicant has clearly demonstrated that requirements contained in this division will present a unique burden due to unusual topography, vegetation, building design or lot shape, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 8th day of June, 2010, that Application No. SE-10030015 be and hereby is APPROVED, as requested with the following conditions: 1. Development of the property shall be in substantial conformance with the application submitted and attached plans stamped "Received May 24, 2010", and as each may be revised to reflect these conditions of approval and as each may be revised to reflect Board of Architectural Review action. 2. In its review, the Board of Architectural Review shall make certain that all lights shall point directly at the sign faces, and that the illumination levels are equivalent to a 150 watt or less incandescent source, and illumination of signs along Chain Bridge Road shall be limited to three signs. The internal illumination of the ground-mounted sign shall be limited to provide the least amount of illumination possible and remain an effective sign. 3. The sandwich board signs shall only be located in the areas indicated on the plan. The motion to adopt the resolution was approved on June 8, 2010. Mayor ate ATTEST: O'Aaou?_ City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye