20041109 r-04-74RESOLUTION NO. R-04-74
RESOLUTION TO APPROVE THE REQUEST OF THE CITY OF FAIRFAX, BY
ROBERT SISSON, CITY MANAGER/AGENT, FOR A SPECIAL USE PERMIT AND
SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY CODE ON THE
PREMISES KNOWN AS 4401 SIDEBURN ROAD (FORMERLY GREEN ACRES
ELEMENTARY SCHOOL), AND MORE PARTICULARLY DESCRIBED AS TAX
MAP PARCEL 57-4-01-008.
WHEREAS, the City of Fairfax, by Robert Sisson, City Manager/agent, has submitted
Application No. SU-1487-04-1 and SE-790-04-1 requesting Special Use Permit and Special
Exception extensions, pursuant to City Code Sections 110-366 and 110-369, to continue to
allow nursery school and government uses in an R-3 Residential District, and to reduce the
amount of off-street parking required pursuant to City Code Sections 110-512(2), 110-
512(10), and 110-158;
WHEREAS, City Council has carefully considered the application, the recommendation of
the staff, and the testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exceptions are
appropriate because the proposal meets the requisites established by the City of Fairfax Code
Sections 110-366, 110-369, 110-512(2), 110-512(10) and 110-158 for the following reasons:
1) The proposed uses satisfy the Special Use Permit and Special Exception criteria in the
City's zoning regulations;
2) The proposed uses are not contrary to the objectives specified in the Comprehensive Plan;
3) The proposed uses would not adversely affect nearby residential areas; and
4) The proposed uses will almost be accommodated by the existing parking spaces provided
on- and off-street during the hours of 9 a.m. to 2 p.m.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on
this 9th day of November, 2004, that Application SU-1487-04-1/SE-790-04-1 be and hereby is
APPROVED, WITH THE FOLLOWING CONDITIONS:
1. The Special Use Permit and Special Exception approvals shall expire on December
31, 2009.
2. The hours of operation for the Main Street Child Development Center shall run from
6:45 a.m. to 6:15 p.m., with the exception of occasional evening meetings and classes
running until 8 p.m.
3. The Main Street Child Development Center shall have no more than 22
employees/staff on -site at any given time and student enrollment shall not exceed
72.
4. The City of Fairfax will maintain the play area and fence and will remove the fence
when the Main Street Child Development Center relocates.
5. The City of Fairfax and Main Street Child Development Center lease will ensure that
there is no loss of play equipment and space for the community.
6. The City shall design and construct a sufficient number of temporary parking spaces
to satisfy the anticipated parking demand resulting from long-term and temporary use
of the Green Acres facility with final review of such temporary parking spaces
subject to City Council approval.
7. All employees and visitors to the Green Acres facility should abide by the
neighborhood parking restrictions and park on the Green Acres property or in spots
designated for Green Acres only.
ADOPTED this 9th day of November 2004.
ATTEST:
· t City Clerk
VOTE:
Councilwoman Cross aye
Councilman Greenfield aye
Councilwoman Lyon absent
Councilman Rasmussen aye
Councilman Silverthorne aye
Councilmember Winter aye