R-07-02
~ESOI~UTION No. ~-07-02
RESOLLTTION TO APPROVE THE REQUEST OF CHICK-FIL-A INC, BY ]'\lL
CATHERIN"E PUSKAR, ATTORNEY/AGENT, FOR SPECIAL EXCEPTIONS TO
CHAPTER 110 OF THE CITY CODE TO ALLOVV A J'VlODIFICATION OF THE
REQUIRED TRANSITIONAL SCREENIN"G; TO ALLOVV REDLTCTION OF THE
REQLTIRED BUILDIN"G AND PARKING SETBACKS ON THE PREJ'VlISES DESCRIBED
AS TAX IVlAP PARCELS 48-3-((6))-15, 16,28.
Section 110 258(a)
'\.V"HEREAS". Chick-fil-A Inc.,. l""1as submitted Application No. SE-824-06-1 req"ucsting a
Special Exception to the City Code listed bclovv:
Section 110-803-(3)
Section 110-155
In all ncV'\T developments and
redevelopments" screening from adj acent
property shall confom""1 to the follovving
standards. The Board OT Architectural
Rcvievv may authorize deviations rrom these
stan.dards" provided t.hat equal or better
screening from adjacent properties is
provided and the zoning administrator has
approved the proposal.
a. Front". The rL""1inimum angle of bulk plane
shall be 30 degrees,. and the Trant yard shall
not be less than 25 feet.
b. Side. TV\I"enty-five feet; except" .....vhere
contiguous to residentially zoned property"
the minimum angle or bulk plane sh.all be 45
degrees" and the side yard shall not be less
than 25 feet.
c. Rear. TV\I"cnty-five feet; except". ~here
contig1..:lo"L1.S to residentially zon..cd property"
the minimllrn angle or bulk plane shall be 45
degrees" aI"1d the rear yard shall not be less
than 25 feet.
(3)(0) Retail sales establishment oth..er than
those listed heretorore: One space Tor every
200 square feet or gross floor area.
(4)(b) V\Tholesale" V\l"arehousing" distribution
and other industrial and related uses: One
space for every 500 square feet of gross floor
area" or tV\TO spaces for every three
employees" V\Tl""1ichever is greater" plus one
space for every 300 square feet of orfice and
sales space" plus one space for each vehicle
to be retained on the premises.
V\THEREAS". City Council has carefully considered tl"1e application" the
recommendation of the starr and testimony received at the public hearing; and
VV"HEREAS". City Council has determined that the proposed Special Exception is
appropriate bec~llse the proposal meets the requisites established by City of Fairtax Code
Sections 110-263 and 110-158 for the folloV\l"ing reaSCH""1S:
(1) V\Till not result in increased traffic congestion or othervvise
negatively irnpact existing traffic floV\T or pedestrial""1 and vehicular
sarety;
(2) VV"ill not be contrary to the objectives specified in the
comprehensive plan;
(3) V\Till 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 23rd day of January 2007, that Application No. SE-824-06-1 be and hereby is
APPROVED, as requested.
The motion to adopt the resolution was approved January 23,2007.
B~~
Mayor
ATTEST:
~~
Votes:
Councilmember Cross Aye
Councilman Greenfield Aye
Councilmember Lyon Aye
Councilman Rasmussen Nay
Councilman Silverthorne Aye
Councilmember Winter Aye