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19991026 r-99-33RESOLUTION NO. R-99-33 RESOLUTION TO APPROVE THE REQUEST OF FAIRFAX NURSING CENTER, FOR A SPECIAL EXCEPTION TO CHAPTER 26 OF THE CITY CODE ON THE PREMISES KNOWN AS 10701 MAIN STREET, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 57-1-((2))- 122. WHEREAS, Fairfax Nursing Center has submitted Application No. SE-242- 99-2&3 requesting a Special Exception of the City Code sections listed below: Section 26-168(c)(2)(b)- Section 26-168(e)(1)- Section 26-19.2(a)(4)- to modify the required side yard to modify the floor area ratio to allow development within the RPA WHEREAS, City Council has carefully considered the application, the recommendation of the staff and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exceptions are appropriate because the proposal meets the requisites established by the City of Fairfax Code Sectioh 26-168 (f), Section 26-103 (c), and Section 26-19.3 for the following reasons: 1. Will not result in a development, which is disproportionate to surrounding land uses in size, bulk and scale. 2. Will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety. 3. Will not be contrary to the objectives specified in the Comprehensive Plan. 4. 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 26th day of October, 1999, that Application No. SE-242-99-2&3 be and is hereby APPROVED with the following conditions: Development of the subject site shall be in conformance with the special exception plan, by Runyon, Dudley, Associates, Inc., dated and revised through October 18, 1999, and the landscape plan, by Runyon, Dudley, Associates, Inc., dated February 22, 1999 and revised October 8, 1999 as revised by these conditions and as necessary to fulfill site plan requirements. The applicant shall attempt in good faith prior to site plan approval, to obtain a permanent landscape easement the entire length of the proposed addition by ten (10) feet in width on the premises known as "Williamsburg Gardens", and more particularly described as tax map 57-1-((20))-2. Should the applicant not obtain such easement, the fourth story of the proposed addition shall be reduced to a width of 12.5 feet, the gross floor area of the addition thus totaling approximately 7,525 square feet, with a minimum side yard setback of 15 feet on the east and north side. R-99-33 o The permanent landscape easement ten (10) feet in width in addition to the applicant's side yard shall be planted with a double row of evergreen trees in accordance with City Code Section 26-68 Alternative "C." Should the applicant not obtain the easement described in condition number 2, a landscape screen 15 feet wide shall be provided on the subject property to include a row of evergreen trees. Evergreen trees shall be a minimum of eight (8) feet tall at the time of installation. -2 4. The applicant shall minimize the amount of land disturbance for the proposed addition. 5. The applicant shall reduce the nonpoint source pollution from the site by 15 percent. Adopted the 26th day of October 1999. ATTEST: Mayor 9tY (l~rk