R-07-04
RESOLUTION &-07-04
RESOLUTION TO APPROVE THE REQUEST OF JDC FAIRFAX, LLC, BY JOHN H.
DONEGAN AGENT, FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY
CODE TO PROVIDE 9.5 PERCENT TREE CANOPY COVER VVHERE 10 PERCENT IS
REQUIRED; TO 1V10DIFY THE TRANSITIONAL LANDSCAPING AND SCREENING
TO THE ADJACENT RESmENTIAL PROPERTY; TO JV1:0DIFY OR ELIJV1:INATE THE
REQU=ED INTERIOR A= PERIJV1:ETER P AR1CING LOT LANDSCAPING; AND TO
PROVIDE 20'Y<> LA=SCAPED OPEN SPACE VVHERE 250/0 IS REQUIRED ON THE
PREJV1:ISES DESCRmED AS TAX JV1:AP PARCEL 57-02-044.
VVHEREAS, JDC Fairfax LLC, has submitted Application No. SE-833-06-1
requesting a Special Exception to the City Code listed belovv-:
Section 110259 (a) (1) (a)
"V\There parking area is adjacent to right-of-vv-ay. Each
off-street parking area V\Thich. is adjacent: to a public
right-of-V\Tuy shall be separated rre>m such right-oT-VV-UY
by a landscaped strip OT not less than the V\l"idth of the
requ.ired building restriction area Tor the zoning district
'VVithin V\7hich slich parking area is located.
Section 110-259-2
At least one planting island """"ith minimum dimensions
of nine reet by 18 reet shall be provided ror every 12
parking or loading spaces proposed.
Not more than 12 parking spaces shall be located
consecutively vvithout an intermittent planting island;
provided,.
V\Tithin parking areas containing more than 25 spaces,.
planting islands shall be provided at each erld of each
parking bay to direct the movement of traffic.
Section 110-783-(3)
a. Frone. The :t"11inimum angle of bulk plane shall be
30 degrees and the front yard shall not be less than 25
feet; except that on a street that has a right-of'-vvay less
than 50 feet,. the angle of bulk plane and front yard
shall be measured from a line established 25 reet fron,
the established centerline of the road.
b. Side. No yard required; except:
1 . V\There a side yard is provided,. such yard
shall be a minimum of ten feet;
2. V\There contiguous to residentially zoned
property,. the mi::nimum aI1gle of bulk plan..e
shall be 45 degrees,. and the side yard shall
not be less than 25 feet.
c. Rear. No requirement; except vvhere contiguous to
residentially zoned property,. the minimum angle or
bulk plane shall be 45 degrees,. and the rear yard shall
not be less than 25 feet.
Section 110-783(4)
lVt:inimum percent of the gross lot area shall be 250/0
open space.
Section 110-255
Each subdivision.. or developmen..t shall provide the
minimum lot coverage of tree canopy as ten percent lor
a lot vvithin a.rlY office,. commercial or indl...l-strial zoning
district.
V\THEREAS,. City Council has carefully considered the application,. the
recommendation ofth..e stafr and testimony received at the public hearing; 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
Sections 11 0-263 and 11 0-158 for the following reasons:
(I) Will not result in increased traffic congestion or otherwise
negatively impact existing traffic flow or pedestrian and vehicular
safety;
(2) Will not be contrary to the objectives specified in the
comprehensive plan;
(3) Will not result in inadequate on-site amenity;
(4) Is necessary to permit the reasonable use of the subject property;
and
(5) Will not adversely impact adjacent property or the surrounding
area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax
on this 2ih day of February 2007, that Application No. SE-833-06-1 be and hereby is
APPROVED, as requested.
The motion to adopt the resolution was approved February 27,2007.
~~'dM
J
Mayor
ATTEST:
~
Votes
Councilmember Cross Aye
Councilman Greenfield Aye
Councilmember Lyon Aye
Councilman Rasmussen Nay
Councilman Silverthorne Aye
Councilmember Winter Nay