R-10-30RESOLUTION NO. R-10-30
RESOLUTION TO APPROVE THE REQUEST BY CHARLES D. KIRKSEY,
AGENT, FOR KIRKSEY FAMILY LLLP, FOR A SPECIAL EXCEPTION
PURSUANT TO CITY CODE SECTION 110-158 TO MODIFY THE NUMBER OF
REQUIRED PARKING SPACES FOR A DENTAL OFFICE AND A SPECIAL
EXCEPTION PURSUANT TO CITY CODE SECTION 110-105(K) TO MODIFY THE
REQUIREMENT OF UNDERGROUND INSTALLATION OF UTILITIES IN THE C-
1 COMMERCIAL AND OLD TOWN FAIRFAX TRANSITION DISTRICTS ON THE
PREMISES KNOWN AS 10611 JUDICIAL DRIVE, AND MORE PARTICULARLY
DESCRIBED AS TAX MAP PARCEL 57-3-02-008 D.
WHEREAS, Charles D. Kirksey, agent, has submitted Application No. SE-10040015
requesting a Special Exception to modify the requirements of City Code Section 110-158 to
allow less than the required number of parking spaces for a dental office building and City
Code Section 110-105 (k) to permit the relocation of overhead utilities in an adjacent right-of-
way to remain above-ground on the property known as 10611 Judicial Drive; and
WHEREAS, City Council has carefully considered the application, the recommendation of
staff, and the testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exception is appropriate
with modifications because the proposal meets the requisites established by the City of
Fairfax Code Sections 110-366, 110-369, 110-158 and 110-105 (k) for the following reasons:
1. The parking provided will not result in increased traffic congestion or otherwise
negatively impact existing traffic flow or pedestrian and vehicular safety;
2. The number of parking spaces proposed will not be contrary to the objectives specified
in the comprehensive plan;
3. The parking spaces provided will not adversely impact adjacent property or the
surrounding area;
4. The underground placement of utilities in the adjoining right-of-way along the frontage of
the subject site exceeds five-percent of the proposed construction;
5. Overhead utility lines exist along the frontages of all [or nearly all] properties along this
east-west stretch of Judicial Drive; and
6. The relocation of above-ground utilities would not adversely affect nearby residential and
commercial areas with respect to safety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on
this day of July 13, 2010 that Application SE-10040015 be and hereby is APPROVED,
WITH THE FOLLOWING CONDITIONS:
1. The installation and replacement of utilities shall be in general conformance with the
Special Exception plat dated March 11, 2010, revised July 7, 2010.
2. The applicant shall construct all on-site utilities underground.
3. The basement level of the building shall not be utilized for medical office use.
The motion to adopt the resolution was approved on July 13, 2010.
9
ayor
Attest:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Drummond Absent
Councilman Greenfield Aye
Councilman Meyer Aye
Councilwoman Schmidt Aye
Councilman Stombres Aye