2007-02
ORDINANCE NO. 2007-02
AN ORDINANCE TO AlVIEND THE ZONING lVIAP OF THE CITY OF FAIRFAX,
VIR.GINIA TO RECLASSIFY FR.OIVI C-2 R.ET AIL COlVIlVIERCIAL TO C-3
GENER.AL COIVIIVIERCIAL VVITH PROFFER.S "THE PR.OPER.TY" IDENTIFIED
AS CITY OF FAIR.FAX TAX IVIAP PARCELS 48-3 ((6)) 15, 16,28.
\i\TI:-I:EREAS, Chick-fil-A Ine, by J"v1:. Catharine Puskar, Attomey/Agent, submitted application
No. 2-802-05-1 requesting a change in the zoning classification frOll"l.. C-2 to C-3 '-V"ithproffers
for the parcel identified above, and rnore specifically described as follovvs:
Beginning at a point on the southerly right-of-vvay of Fairfax Boulevard, 200
Toot vvidth said P .K. nail ll""1arking the i11tcrsection of the souther] y right-of-vvay
limits of said Fairrax Boulevard v...rith the division line betV\Tcen the lands oT
Ascharj L Saluja and Usha Saluja all the vvest lands of 1'\I1:ichael E. Degen and
Camile J. Degen CH1 the east.
Thence north 80 degrees- east 49.89 feet to a point of curvat1...1Te
Continuing 269.98 feet 02 degrees and north 82 degrees 269.5 reet to a point
marking the intersection of said southerly right-of-vvay vvith the division line of
Foxcroft Colony Condominium on the east: and south and said l\..1:"ichael E.
Degen and Camile J. Degen on the vvest and north
Thence south 58 degrees 146.59 feet to a point continuing south 27 degrees
180.02 feet to a point north 58 degrees 300.48 to an iron pipe cap continuing
south 27 degrees 165.44 feet to an iron pipe found in the northerly righ..t-of-
vvay limits Hume Avenue 30 root vvide Right-Or-vvay vvith the northerly
Right-Of-V\Tay limits ofRume Avenue
Continuing north 58 degrees 75.10 feet to appoint marketing the intersection. or
northerly right of V\lay of said Hume Avenue vvith the division.. line betvveen
lands of Ascharj 1. Saluja and LIsh.a Saluja on the vvest and ]\.('[ichael E_ Degen
and Camile J _ Degen on the east
Thence vvith said division line north 27 degrees 140.55 feet to a point
continuing north 58 degrees 30.81 feet to the point of beginning containing
60,.035 square feet more or less
"VV"HEREAS,. the City Council has carefully considered the application,. the recommendation
orthe Planning Commission and stafr,. and the testimony received at public hearing; and
'VVHEREAS,. the City Council has determined that the proposed rezoning is proper and in
accordance VV"ith the Comprehensive PlaTl as vvell as vvith the pertinent provisions set forth in
the Code ofVir2:inia and the Code orthe Citv of Fairfax Vir2:inia;
NO"^,,, THEREFORE BE IT ORDAINED, that the above-described property be rezoned from
C-2 Retail Commercial to C-3 General Commercial "'\.V"ith proffers_
BE IT Fl...JRTHER ORDAINED that the above described property is subject to the -tollovving
reasonable conditions authorized by City Code SectioTl 110-7,. vvhich are proffered by the
property OV\Tners:
SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH JANUARY
16,2007 ANI> APPROVED BY CITY COUNCIL ON JANUARY 23, 2007.
BE IT FURTHER ORDAINED,. that the above conditions,. application package,. Rezoning
Site Layout Plan and variances from City Code Section 86-8 be approved_
The Zoning .Administrat.or of the City is hereby directed to modify the Zoning l\.Ilap to shovv
the changes in.. the zoning of these premises,. including the existence ofth..c conditions,. and the
Clerk of the Council is directed to transmit duly certified copies of this ordinance to the
applicant, Zoning Administrator, and to the Planning Commission of this City as soon as
possible.
This ordinance shall be effective as provided by law.
Planning Commission hearing: January 22, 2007
City Council hearing: January 23,2007
Adopted: January 23, 2007
C\~,tJLk
Mayor
2/;:;/c 1
I I Date
---
ATTEST:
1{1~~
. City Clerk
The motion to adopt the ordinance was approved January 23,2007.
Vote
Councilmember Cross
Councilman Greenfield
Councilmember Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
Aye
Aye
Aye
Nay
Aye
Aye
PROFFERS
Cbick-fil-A, Inc.
Z-806-06-01
January 22, 2007
Pursuant to Section 15.2-2303(a), Code of Virginia 1950, as amended, the owners and
Chick-fil-A, Inc. (hereinafter referred to as the "Applicant"), for themselves, their
successors and assigns in Z-806-06-01, filed on property identified as Fairfax City Tax
Map Reference 48-3 ((6)) 15, 16 and 28 (hereinafter referred to as the "Application
Property"), hereby proffer to the following, provided that the Fairfax City Council
approves the rezoning of the Application Property, containing approximately 1.38 acres
and located in the Highway Corridor Overlay District ("HCOD"), from the C-2 District to
the C-3 District, in conjunction with a Generalized Development Plan (hereinafter
referred to as the "GDP") for a fast food restaurant with a drive through. If accepted,
these proffers shall supersede and replace any previous proffers on the Application
Property.
1. Generalized Development Plan
Development of the Application Property shall be in substantial conformance with the
GDP, containing seven (7) sheets prepared by Bohler Engineering, P.C., dated June 18,
2006 as revised through November 17, 2006.
2. Approved Uses
This rezoning is only granted for the purpose(s), structure(s) and/or use(s) indicated on
the GDP, as qualified by these proffers. Any future change in use of the existing retail
building located on the Application Property (commonly known as the Sesco Building) to
a different use that is permitted by right or with a special use permit under the C-2
District and HCOD regulations of the City Code shall be allowed to be established
without a proffer amendment, provided that all City Code requirements governing such
use have been met.
3. Parking
All parking for the fast food restaurant and the existing retail building located on the
Application Property shall be provided on site. All of the parking spaces may be utilized
by either use under a shared parking agreement executed between the lessee of the fast
food restaurant and the owner of the Application Property in a form acceptable to the
City Attorney. Any change in use of the existing retail building shall be permitted in
accordance with Proffer 2, provided that it does not result in an increased parking
{A0106883.DOC /1 Proffers 01/22/2007 003580 000005}
requirement pursuant to the City Code, or reduce the number of parking spaces available
for users of the fast food restaurant.
4. Noise Attenuation
a. The Applicant shall take appropriate measures to limit the noise level from the
speaker serving the drive through window to a maximum of 60 dba measured at
the boundary line with the adjacent residential property. Should the City receive
and document noise complaints from residents of the adjacent residential property
relative to the speaker volume subsequent to the fast food use commencing
operations, the Applicant shall submit an acoustical analysis for review and
approval by the Department of Community Development and Planning ("COP")
prior to bond release. The acoustical analysis shall demonstrate the Applicant's
compliance with the maximum noise level prescribed herein and provide
recommendations for any additional noise mitigation measures that may be
necessary to alleviate noise complaints. The Applicant shall implement such
additional noise mitigation measures, as may be required by CDP.
b. Trash pickup or site sweeping operations on the Application Property shall be
limited to between the hours of 7:00 a.m. and 9:00 p.m. Deliveries to the site
shall be limited to between the hours of 6:00 a.m. and 11 :00 p.m.
5. Signs
All new ground-mounted and building-mounted signs located on the Application
Property shall be in conformance Chapter 110, Division 7 of the City Code.
6. Lighting
Site and building-mounted lighting shall be provided in conformance with the City Code.
Prior to site plan approval, the Applicant shall submit a photometric plan for review and
approval by the Zoning Administrator. The maximum illumination levels from all light
sources shall not exceed 0.5 foot candles at the property line. In addition, lighting fixtures
shall not cause direct glare or direct light beyond the building fayade onto the
neighboring residential property.
7. Odor Control
The Applicant shall implement a filtering system and other appropriate measures, as may
be necessary, in the design and construction of the building to mitigate food odors
emanating from the fast food restaurant to the adjacent residential property.
8. Architecture
a. The building elevations prepared by E and H Architects, dated January 18, 2007,
are provided to illustrate the architectural theme and design intent of the building.
{A0106883.DOC /1 Proffers 01/22/2007 003580 000005}
The architectural design of the proposed buildings shall generally conform to the
character and quality of the building elevations, but the Applicant reserves the
right to modify the elevations based on final architectural design and BAR
approval.
b. The building materials of all facades shall be predominantly brick, precast, glass
or other comparable materials. The design of the building and site shall be
executed in a manner that will result in a high quality development.
c. The Applicant shall overlay a new front facade on the existing retail building that
is architecturally compatible with the design and building materials of the fast
food restaurant as described in above Proffers 8.a. and 8.b.
9. Refuse Enclosure
Prior to the issuance of the non-residential use permit, the Applicant shall screen the
dumpster with an enclosure that satisfies City Code requirements and is architecturally
compatible with the fast food restaurant.
10. Counterparts
These proffers may be executed in one or more counterparts, each of which when so
executed and delivered shall be deemed an original document and all of which when
taken together shall constitute one and the same instrument.
{A0106051.DOC /1 Proffers 01/16/2007 003580 000005}
{A0106883.DOC /1 Proffers 01/22/2007 003580 000005}
APPLICANTILESSEE
CHICK-FIL-A, INC.
[SIGNATURES CONTINUE ON NEXT PAGE]
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TITLE OWNERS OF TAX MAP 48-3 ((6)) 15, 16 and 28
/'7 ~////
<~
;Michael E. egen
~J~
Camille J. Degen (J
[SIGNATURES END]
{A0106052.DOC /1 SIGNATURE SHEETS 003580 OOOOOS}