Loading...
19940614 r-94-17RESOLUTION NO. R-94- 17 RESOLUTION REGARDING THE REQUEST OF PARKWOOD CORPORATION BY DAMON HARWOOD, PRESIDENT, FOR SPECIAL EXCEPTIONS TO CHAPTER 26 OF THE CITY CODE ON THE PREMISES KNOWN AS 10120 AND 10200 LEE HIGHWAY (A PORTION OF TAX MAP PARCEL 47-4-((2))-4 AND A PORTION OF 47-4-((2))-2B, RESPECTIVELY). WHEREAS, Parkwood Corporation, by Damon Harwood, President, has submitted application No. SE-137-94-1 requesting Special Exceptions to the City Code listed below: Section 26-19.3 - To allow parking within a Resource Management Area; and Section 26-43(a)(3) and (8) and Table II and Section 26-48 - To allow a freestanding sign within twenty feet (20') of the right of way; and Section 26-48 and 26-48.1(d) - To allow three (3) flag poles with flags within twenty-five (25) feet of the right-of-way WHEREAS, City Council has determined that the requested Special Exceptions to City of Fairfax Code Sections 26-19.3 (parking within an RMA) and Section 26- 43(a)(3) and (8) and Table II and Section 26-48 (location of freestanding sign) are appropriate because the request meets the requisites established by City of Fairfax Code for the following reasons: 1. The proposed uses are permitted in the underlying zoning district (concurrent rezoning application Z-756-94-1). 2. Due to the environmental constraints on the site, including size and shape of the lot, topography, vegetation and landscaping, accommodation of the proposed use and provision of adequate parking for the facility will necessitate utilization of the site's R_MA for parking. 3. The Water Quality Impact Assessment submitted by the applicant outlines the mitigation measures proposed by the applicant. 4. Because of the applicant's plan to install landscaping, boulevard lighting and the combination pedestrian/bicycle trail, as well as accommodation of proposed future VDOT road improvements along the Lee Highway frontage in accordance with the Community Appearance Plan, visibility to motorists of the ground-mounted sign at the main entrance to the facility would be severely hampered unless the Special Exception is granted. WHEREAS, City Council has determined further that the requested Special Exception to City of Fairfax Code Section 26-48 and 26-48.1(d) is not appropriate because the request does not meet the requisites established by City of Fairfax Code Section 26-48 as follows: 1. Granting a Special Exception to permit encroachment of the three flag poles as requested is contrary to the purpose of the Sign Ordinance and goals of the Comprehensive Plan. 2. The flag poles could be accommodated as required by the City Code elsewhere on the site, possibly near the main entrance to the clubhouse. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 14th day of June, 1994, that application No. SE-137-94-1 for Special Exceptions to Section 26-19.3 and Section 26-43(a)(3) and (8) and Table II and R-94-17 -2 Section 26-48 (for ground-mounted sign) is hereby APPROVED with the following conditions: 1. Parkwood Plaza Family Entertainment Center shall contain only those activities and games shown on the Generalized Development Plan (GDP) dated May 25, 1994 as proffered with rezoning Z-756-94-1 or similar activities and games with aesthetic, noise and traffic impacts no greater than those shown on the proffered GDP, as determined by the Zoning Administrator. 2. The proposed ground-mounted sign shall be no closer than five (5) feet to the right-of-way as shown on the GDP. 3. The applicant shall install and maintain stormwater management facilities, as required and approved by the Director of Public Works. 4. Notwithstanding the above conditions, proposed development shall be in substantial conformance with the Generalized Development Plan dated May 25, 1994, which was submitted by the applicant with rezoning request Z-756-94-1. BE IT FURTHER RESOLVED by the City Council of the City of Fairfax on this 14th day of June, 1994 that the request contained in application No. SE-137-94-1 regarding a Special Exception to Section 26-48 and 26-48.1(d) for placement of three flag poles within the required twenty-five (25) foot setback is hereby DENIED. ATTEST: Ck k