19890829 1989-35ORDINANCE NO. 1989- 35
AN ORDINANCEAMENDING SECTION 26-6, ARTICLE I,
CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, PERTAINING TO PROCEDURES FOR
ACCEPTING PROFFERS.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 26-6, Article I, Chapter 26 of the Code of
the city of Fairfax, Virginia, is hereby amended to read in its
entirety as follows:
"Section 26-6. Procedure for acceptance of proffers.
(a) If an applicant for a change of zoning desires to proffer
reasonable conditions as permitted herein, then either the proffers
or a statement of intent to submit proffers shall accompany the
rezoning application. Within sixty (60) days from the date a
statement of intent to submit proffers is filed, the applicant may
request a conference with the director of community development and
planning (director) to discuss the proffers or any other matter
relative to the application which is deemed pertinent by the
applicant or the director.
(b) The applicant shall submit proffers in writing to the
director not less than twenty-one (21) calendar days prior to the
first public hearing on such application before the planning
commission. The director shall file such proffers with the zoning
administrator, and the same shall be attached to, and expressly
made a part of the application for a change of zoning. In the
course of the staff evaluation process, the applicant may change
the proffers or submit additional proffers provided that such
changes or additions are recommended by the director. Such changes
shall be submitted in writing no less than seven (7) calendar days
prior to the public hearing before the planning commission, and
shall be forwarded to the planning commission for its
consideration. All proffers, and any subsequent changes including
additions, shall be signed by the applicant and the property owner
or owners.
(c) At or before the first public hearing before the planning
commission, the director shall submit recommendations for proffers
and forward to the planning commission such recommendations with
the proffers proposed by the applicant.
(d) The planning commission may recommend to the city council
additional proffers which the commission deems appropriate.
(e) Not less than seventeen (17) calendar days prior to the
first public hearing before the city council on the subject
application, the applicant may submit additional proffers in
writing to the director; provided that such additional proffers are
among those previously recommended by the director or the planning
commission. The director generally shall file such additional
proffers in the manner described in subsection (b) above.
(f) Prior to the close of the city council's public hearing
on the subject application, the applicant may also propose amended
proffers or additional proffers, if recommended by the city
council. However, if such amendments to the proffers materially
alter the application, then such application shall be referred back
to the planning commission as provided in (g) below.
(g) In the event that the applicant desires to submit
additional proffers or amend previously submitted proffers in a
1989-35 -2
manner that will materially alter the application, the application
shall be referred to the planning commission for an additional
public hearing and recommendation, and thereafter the application
shall be considered as provided herein. Costs of additional
advertising and expenses of remailing additional notice shall be
borne by the applicant.
(h) In the event that the city council adopts any such
proffers as a part of the enactment of an amendment to the zoning
map, the zoning administrator shall indicate the existence of such
conditions when amending the zoning map by affixing the suffix
"(p)" to the zoning district designated for the subject property
in any such amendment to the zoning map (e.g., C-l(p); RT-6(p))."
This Ordinance shall be effective as provided by law.
PLANNING COMMISSION HEARING: July 10, 1989
CITY COUNCIL HEARING:
Auqust 29~ 1989
ADOPTED:
Au,qust 29, 1989
ATTEST:
~ C~ty Clerk