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20050222 R-05-09RESOLUTION No. R-05-09 RESOLUTION TO APPROVE THE REQUEST OF JAGUAR DEVELOPMENT, L.C., BY LYNNE J. STROBEL, ATTORNEY-IN- FACT, FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY CODE TO ALLOW ENCROACHMENT INTO THE REQUIRED 100- FOOT-WIDE RESOURCE PROTECTION AREA BUFFER, BUILDING HEIGHT THAT EXCEEDS THE MAXIMUM PERMITTED AND SIDEWALK WIDTH THAT IS LESS THAN REQUIRED IN THE TRANSITION OVERLAY DISTRICT ON THE PREMISES KNOWN AS 10649, 10669 AND 10689 MAIN STREET AND 4020-4025 YORKTOWN DRIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57-1-((2))-119, 120 AND 121; 57-1-((20))-1, 2 AND 7; 57-3- ((3))-3, 4, 5 AND 6. WHEREAS, Jaguar Development, L.C. has submitted Application No. SE-788-04- requesting a Special Exception to the City Code listed below: Section 110-84(d) - Buffer Area Requirements. To minimize the adverse effects of human activities on the core components of Resource Protection Areas, state waters, and aquatic life, a one-hundred-foot (100') buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. The one- hundred-foot (100') buffer area shall be deemed to achieve a seventy-five percent (75%) reduction of sediments and a forty percent (40%) reduction of nutrients. The buffer area shall be maintained to meet the following additional performance standards: (1) In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices (including those that prevent upland erosion and concentrated flows of stormwater). (2) When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the Zoning Administrator may permit encroachments into the required buffer area pursuant to Section 110-89, Administrative Waivers and Special Exceptions, and in accordance with the following provisions: a. Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; b. Where practicable, a vegetated area shall be established elsewhere on the lot or parcel in a manner that will maximize water quality protection, mitigate the effects of the buffer encroachments, and is equal to the area of encroachment into the buffer area; and c. In no case shall the encroachments extend into the seaward fifty (50') feet of the buffer area. Section 110-1046(2) - Maximum building height. No wall of any structure shall be exposed more than 43 feet above the finished grade. Section 110-1046(3)a.2. - Comer Lot. Each structure shall be separated from the right-of-way by a sidewalk at least ten feet in width. Notwithstanding the provisions of Section 110-76, there shall be no additional requirements for visual clearance. WHEREAS, City Council has carefully considered the application, the recommendation of the staff and testimony received at the public heating; and WHEREAS, City Council has determined that the proposed Special Exception is appropriate because the proposal meets the requisites established by City of Fairfax Code Section 110-89(d) and Section 110-1046(6) for the following reasons: 1. The special exception request to allow encroachment into the RPA buffer satisfies the general performance criteria for Resource Protection Areas detailed in Section 110-84. 2. The proposed encroachment is the minimum necessary to afford relief. 3. Granting the request will not confer any special privileges denied other property owners in similar situations. 4. The request is in harmony with the purpose and intent of the City's Chesapeake Bay Preservation Ordinance. 5. The request is not based upon conditions or circumstances that are self-created or self-imposed. 6. The request will not allow activity that causes degradation of water quality. 7. The request to exceed the maximum building height is expected to result in a building that will complement the unique character of the Old Town Fairfax Historic District with respect to building size, scale, placement, design and use of materials. 8. The request to reduce the width of the sidewalk is not expected to result in a streetscape within the Transition Overlay District that does not complement the historic character of Old Town Fairfax. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 22nd day of February 2005, that Application No. SE-788-04-1 be and hereby is APPROVED, as requested. Adopted: February 22, 2005 ATTEST: ( City Clerk Mayor The motion to adopt the resolution was approved 4-2. Votes Councilmember Cross Councilman Greenfield Councilmember Lyon Councilman Rasmussen Councilman Silverthome Councilmember Winter Yea Yea Nay Yea Nay Yea