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R-11-06 City Council City of Fairfax RESOLUTION NO. R -11 -06 APPROVAL RESOLUTION TO APPROVE THE REQUEST OF KENNETH K. LEE, MANAGER/AGENT REPRESENTING KWANG AND LEE, LLC, FOR A SPECIAL EXCEPTION PURSUANT TO SECTION 110 -263 OF THE CITY CODE TO MODIFY A 25 -FOOT SCREEN REQUIREMENT WHERE THE SUBJECT PROPERTY IS ADJACENT TO A PROPERTY IN THE C -2 RETAIL COMMERCIAL DISTRICT AND TO MODIFY THE REQUIRED PERIMETER LANDSCAPING WIDTH FOR A PARKING AREA ADJACENT TO RIGHT -OF WAY ON THE PREMISES KNOWN AS 3159, 3161 AND 3163 CAMPBELL DRIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 48 -3 ((9)) 25, 26, 27. WHEREAS, Kwang and Lee, LLC, has submitted Application No. SE- 10060013 requesting two Special Exceptions to the City Code Sections listed below: Section 110- 258(a) In all new developments and redevelopments, screening from adjacent property shall conform to the following standards. [Screening Required between 1 -2 Industrial and C -2 Retail Commercial]; and Section 110- 259(a) (1) a Where parking area is adjacent to right -of -way. Each off - street parking area which is adjacent to a public right -of -way shall be separated from such right -of -way by a landscaped strip of not less than the width of the required building restriction area for the zoning district within which such parking area is located. Such strip shall contain an earthen berm, compact evergreen hedge or an equal or better alternative approved by the director. Landscaping shall be no less than 30 inches in height at the time of installation and mulched to a depth of at least four inches. In addition, such strip shall contain at least one deciduous tree not less than 3'/2 inches in caliper measured six inches above the ground level for every 500 square feet of required landscaped strip; and WHEREAS, City Council has carefully considered the application, the recommendation of the staff and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exception request is appropriate because the proposal meets the requisites established by the City of Fairfax Code Sections 110 -366 and 110 -263 for the following reasons: 1. The request is generally consistent with the recommendations of the Comprehensive Plan, 2. Vehicular and pedestrian traffic will not be compromised, 3. The site design is appropriate, and 4. Approval of the request will not adversely impact adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on the 25 day of January, 2011 that Application No. SE- 10060013 be and hereby is APPROVED with the following conditions: 1. The applicant shall maintain an appointment system to ensure that no vehicle is delivered to the site more than 24 hours prior to the start of the vehicle repair. 2. No vehicles, vehicle parts, or other materials shall be stored outside the building, and the applicant shall maintain a service contract for the removal of scrap metal and debris on a regular basis as needed to prevent overflowing containers. 3. All waste fluids and recyclable materials shall be stored in appropriate containers inside the building. 4. No additional dumpsters or other storage containers shall be added to the site in a manner that obstructs parking or drive aisles. 5. No vehicle repair or maintenance activities shall be conducted in any parking spaces, interior or exterior, or in the fire lane. ADOPTED this 25 day of January, 2011. Mayor ATTEST: 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 Councilwoman Schmidt Aye Councilman Stombres Aye