Loading...
R-08-42 R-ESOLUTIO~ R--08-42 R-ESOLUTIO~ TO APPR-OVE TI-IE R-EQUEST OF I>AVII> I-IOUSTO~. ATTOR-~EY. FOR- VVALGR-EE~ CO.. FOR- A SPECIAL E:X:CEP'TIO~ PUR-SUA~T TO CITY COI>E SECTIO~ 110-158 TO ALLOVV A I>R-IVI~G I...A~E TO BE LOCATEI> IlVllVlEI>IATELY AI>JACE~T TO A STR-UCTUR-E VVITI-IOUT SEPAR-ATIO~; FOR- A SPECIAL E:X:CEPTIO~ PUR-SU~T TO CITY COI>E SECTIO~ 110-783 TO ALLOVV 21 PER-CE~T OPE~ SPACE VVI-IERE 25 PER-CE~T IS R-EQUIR-EI>; FOR- A SPECIAL E:X:CEPTIO~ PURSU~T TO CITY COI>E SECTIO~ 110-263 TO lVlOI>IFY TI-IE PAR-KI~G LOT PER-IlVlETER- ~I>SCAPI~G FR-OlVl 25 FEET TO 19 FEET AT TI-IE R-EAR- ~I> FR-OlVl A lVlI~IlVlUlVl OF SEVE~ FEET TO TVVO FEET ALO~G TI-IE SII>E. A~I> FOR- A SPECIAL E:X:CEPTIO~ PUR-SUA~T TO CITY COI>E SECTIO~ 110-263 TO lVlOI>IFY TI-IE SEVE~ PAR-KI~G LOT IS~I>S TI-IAT lVlEET COI>E ST~I>AR-I>S VVI-IER-E TE~ ARE R-EQUIR-EI> O~ TI-IE PR-ElVlISES l.'CN"O~ AS TAX lVlAP PAR-CEL 57-1-02-04~I> ALSO l.'CN"O~ AS 10980 FAIRFAX BOULEVAR-I>. '\XTI-:IEREAS, '\XTalgrecn Ca., has submitted Application. No. SE-OS020012 requesti.n..g the Special Exceptions to the City Codes listed. belc>~: SecticH-.. 110-153(3) Driv-ing lanes lc>catcd immediately adjacent 1:<:> struct"L1res shall be separated from such stru.ctl...:1re by :a. siclc'-Valk, landscaped strip,. or cc>mbin.:a.tion t:herc<-~E ne>t less thar1 fC>"LI-r feet: ill Vil"idth. Section 110-783 A m.in..i.r:num of 2S percent C)f the gross e>f the lot: shall be landscaped open. space. Section. 1. 1. 0-263 Each ofT-street: parking not: adjacent: to the right-of-ViI"ay shall be separated. from the property line by a lat:1clscapecl strip of rle>t: less than the Vil"iclth e>f the required setback for the zoui.t:1g district Vil"irhin. Vil"hich such parkin.g area is located", or 12 feet in.. ~idth~ -v.rhichev-er is less~ provided that a m..ir1.i.rY1.u..m of seven feet in '-Vidth shall be provided. Section 1 10-263 At lea.st one planting island '-Vith min.irrn..~m dimensions of :nine feet by 18 reet shall be provided for every 12 parking or loadin..g spaces proposed. Each required planting island shall be landscaped '-Vith a decidu..ous tree '-Vhich meets the d.irrJ.ensional requ.iremeuts established ir1 su..bsectiou (a)(1) of this sectie>rL "'\XT:I-:lERF4AS~ City Ce>uucil has carefully ce>usidered the applicatie>n~ the rec:e>mmeudatic>n c>r the staff and tcstime>ny received at the pu..blic heari.r1g; and '\X7:I-:1ER.EAS~ City Cc>uncil has determined that the pre>pe>sed Special Exception is appropriate becau..sc the pre>posal meets the requisites established by City e>f Fairfax Code Sectie>ns 110-366 and 110-158 fe>r the folle>'-Vin..g reasons: 1) ~rhe rcqu..est -v.rill n<:>t result in.. in..c:reascd traffic ce>:ngest1o:n or e>the~ise negatively irn..pact ex.isti.n..g traffic fIo"," or pedesrrian a:n.d vehicular safety; 2) The request ","ill ne>t be contrary t<:> the objectives specified in. the ce>mprehensive plan; 3) The request ","ill nc>t res-ult in.. inadequ..atc e>n-site amenity; 4) ~rhe req-uest is necessary te> permit the rease>nablc use of the s-ubjec:t property; 5) The req-uest ....vill 1:1c>t adversely impact adjace:n.t prc>perty <>r the surround.i.:ng area; 6) The request is the minimum necessary to afford relief; 7) Granting the request will not confer upon the applicant any special privileges that are denied by this division to other property owners who are subject to its provisions and who are similarly situated; 8) The request is in harmony with the purpose and intent of this division and is not of substantial detriment to water quality; 9) The request is not based upon conditions or circumstances that are self-created or self-imposed; and 10) Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed activity from causing a degradation of water quality. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 7 day of October 2008, that Application No. SE-08020012 be and hereby is APPROVED, as requested per the following conditions: 1. All improvements shall be in substantial conformance with the Conceptual Development Plan revised through September 5, 2008, and as revised to accommodate conditions 2-6; 2. The building foundations in proximity to the existing storm easement shall be extended to the bottom elevation of the adjacent 72-inch storm drain pipe and designed for full exposure on the easement side; 3. The applicant shall record an agreement that the applicant shall remove the canopy overhangs in the easement at the applicant's expense upon demand for maintenance of the pIpe; 4. As part of the site plan submittal the applicant shall include an analysis of overland flow demonstrating the capacity of the site to carry the waters of the 100-year storm in the event that the underground pipe is clogged; 5. The applicant shall coordinate with the City prior to construction to provide a mutually beneficial time for the City to make any necessary repairs to the existing storm drainage system; and 6. At the time of site plan approval, the applicant shall post a bond to assure the following: The two connections between Fairfax Boulevard and the frontage road along the frontage of the entire tax map parcel shall be removed, and landscaping, street trees, and acorn style street lights shall be installed across the frontage of the entire lot between Fairfax Boulevard and the service drive at such time as commencement of construction to the intersection and Fairfax Boulevard take place. The sidewalk shall be relocated to the northern side of the service drive, and an easement granted to the City of Fairfax for public use, and shall stretch across the width of the entire lot. Adopted this 7 day of October 2008 ~h_ Y1~~ City Clerk The vote on the motion to approve was recorded as follows: Votes: Councilmember Cross Councilman Drummond Councilman Greenfield Councilman Meyer Councilman Rasmussen Councilman Stombres Absent Aye Aye Aye Aye Aye