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R-15-04RESOLUTION NO. R-15-04 ESOLUTION TO APPROVE THE REQUESTS OF JDC FAIRFAX GARDEN LLC, WNER AND APPLICANT, BY FRANCIS X. WATKINS, AGENT, FOR SPECIAL XCEPTIONS PURSUANT TO CITY CODE SECTION 110-185 TO ALLOW A ROUND -MOUNTED SHOPPING CENTER IDENTIFICATION SIGN TO )ENTIFY THE NAMES OF INDIVIDUAL TENANTS AND BE LOCATED CLOSER [IAN 10 FEET FROM THE FRONT PROPERTY LINE AND TO ALLOW A NITED STATES FLAG TO EXCEED THE MAXIMUM ALLOWABLE FLAG SIZE F 24 SQUARE FEET, IN THE C-2 RETAIL COMMERCIAL DISTRICT AND IGHWAY CORRIDOR OVERLAY DISTRICT (HCOD) ON THE PREMISES NOWN AS 9940 FAIRFAX BOULEVARD (FAIRFAX BOULEVARD CROSSING) R AS MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48 -3 -14 -001 - WHEREAS, JDC Fairfax Garden LLC, has submitted Application No. 5E-14110034 luesting Special Exception to Sections 110-179 (a) (8) and 110-180 (b)(2)(a)(1) to allow a )und-mounted shopping center identification sign that identifies individual businesses and closer to a front property line than allowed and to Section 110-186 (4) to allow a United rtes flag of a size (5'x8' = 40 square feet) that is larger than the maximum allowed flag area 24 square feet; and WHEREAS, City Council has carefully considered the application, the iendation from Staff, and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exceptions are ►ropriate because the proposal, as modified by the conditions of approval, meets the uisites established by City of Fairfax Code Sections 110-185 and 110-366 for the lowing reasons: 1) The applicant has demonstrated that the sign requirements contained in Section 110- 180(b)(2) (a)(1) will present a unique burden due to the location; 2) The request is consistent with the Comprehensive Plan and other adopted city goals and policies; 3) The request is in harmony with the purpose of the sign article set forth in Section 110- 176 of the City Code and the purposes of zoning ordinances set forth in Code of Virginia 15.2-2283; and 4) The request will not adversely impact adjacent property or the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of �airfax on this 27th day of January, 2015, that Application No. 5E-14110034 be and hereby is APPROVED, with the following conditions: 1. The proposed monument sign shall be in substantial conformance with the attached Special Exception Plat (prepared by Walter L. Phillips and dated 01-06-2015) and Flag Plan (prepared by Bignell Watkins Hasser and dated 9-25-2012) and Double - Sided Monument Sign Plan sheet A-1.1 (prepared by Bignell Watkins Hasser and dated 10-30-2014). 2. The ground mounted monument sign not exceed six feet in height, six feet two inches in overall length, and 12 square feet in tenant sign area nor be located closer than 5.6 feet from the site's front property line. 3. The American flag approved to fly from the site's flag pole shall not exceed 40 square feet in area (5' x 8') and shall preclude the use of any other flags. ADOPTED this 27th day of January, 2014. � J� Mayor The vote on the motion to approve was recorded as follows: DeMarco Aye Greenfield Aye .ber Loftus Aye Meyer Aye .ber Miller Aye .ber Schmidt Aye