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2010-21 ORDINANCE NO. 2010-21 AN ORDINANCE TO CREATE SECTION 110- 951(e) DIVISION 1, ARTICLE XX, CHAPTER 110 OF THE CODE OF THE CITY OF FAIRFAX , VIRGINIA TO ESTABLISH THE JOHN C. WOOD HOUSE HISTORIC DISTRICT AND TO CREATE SECTIONS 110 -1021, 110 -1022, 110 -1023, 110 -1024, and 110 -1025 DIVISION 5, ARTICLE XX TO ESTABLISH THE JOHN C. WOOD HOUSE HISTORIC DISTRICT REGULATIONS FOR THE PREMISES KNOWN AS 10606 CEDAR AVENUE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 57- 1 -02 -114. WHEREAS, the property located at 10606 Cedar Avenue, and more particularly described as tax map parcel 57 -1 -02 -114, is the former home of the first Mayor of the City of Fairfax and is a significant historical resource; and WHEREAS, the City seeks to protect against destruction of or encroachment upon historic areas; to encourage uses that will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural, social, economic, political and architectural heritage of the City; and to promote the general welfare, education and recreational pleasure of the inhabitants of the City of Fairfax; and WHEREAS, the property meets the criteria for historic district designation established in City Code Section 110 -951; NOW, THEREFORE, BE IT ORDAINED by the city council of the City of Fairfax, Virginia that Section 110- 951(e), Division 1, Article XX of Chapter 110 of the Code of the City of Fairfax, Virginia is hereby created to read in its entirety as follows: "(e) John C. Wood House Historic District. There is hereby created in the City an historic overlay district to be known as the "John C. Wood House Historic District," the boundaries of which are to be set forth on the city's official zoning map." BE IT FURTHER ORDAINED that the John C. Wood House Historic District is the property described as Tax Map Parcel 57-1-02-114. BE IT STILL FURTHER ORDAINED that the remaining subsections of the Section 110- 951 hereby amended shall continue to read as previously enacted. BE IT STILL FURTHER ORDAINED that a new Division 5, Article XX of Chapter 110 of the Code of the City of Fairfax, Virginia is hereby created to read in its entirety as follows: "Division 5. John C. Wood House Historic District Regulations Sec. 110 -1021. Permitted uses; by right and with special use permit. (a) All uses permitted by right and as permitted by special use permit in the underlying zoning district, except electric transformers and substations and telephone repeater stations on or above ground surface shall not be permitted. volimirumm Sec. 110 -1022. District regulations. Structures and premises located within the district shall be subject to the provisions of this chapter, including the land use and development regulations of the underlying zoning district, except to the extent that those regulations are modified by the provisions of this article. Where the provisions of this division conflict with any other provision of this chapter, the provisions of this division shall prevail. Sec. 110 -1023. Bulk and lot area requirements. (a) Bulk and lot area requirements shall be the same as those of the underlying zoning district. (b) Special exceptions: Upon the application of the owner or contract purchaser for a special exception, the city council may modify the requirements of this section in accordance with the procedures and limitations set forth for special use permits and special exceptions in Sec. 110 -366 after consideration of the special development requirements set forth in Sec. 110 -1024 and the special design requirements and criteria set forth in Division 1 and Sec. 110 -1025; provided, however, that prior to consideration by the city council a request for a special exception shall be forwarded to the Board of Architectural Review for review and recommendation to the city council. Sec. 110 -1024. Special development requirements. Applications for development of this property shall require submission of architectural assessments and plans as follows: (1) Architectural assessments and restoration plans shall be prepared by a qualified architect or engineer in conformity with professionally recognized standards for architectural documentation. (2) The applicant or authorized agent thereof shall confer with the director of the Department of Community Development and Planning prior to preparing any submission to define and agree upon guidelines for such assessment and plan. (3) Such architectural assessments shall be based on physical examination and documentary research to determine: (i) architectural significance of the property when evaluated within the historic context of the site; (ii) design and construction features that make the property important; and (iii) integrity of the site with regard to the design, setting, workmanship, and materials used for construction. (4) Restoration plans shall include reasonable measures for the study and preservation of architectural resources found within the application area. (5) Assessments and plans shall be reviewed and approved, disapproved, or approved with modifications or conditions as part of the development review process. Sec. 110 -1025. Special design requirements. Each structure or improvement erected, enlarged, or reconstructed in the district shall be designed and constructed in a manner that will complement the unique character and atmosphere of the district with respect to building size, scale, placement, design and the use of materials. Improvements within this district shall be subject to the review and approval of the BAR for consistency with the aforementioned standards, the City's comprehensive plan, the ANN community appearance plan and any design guidelines that may from time to time be adopted by the city council as being applicable to this district. The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the John C. Wood House Historic District as described above and the Clerk of the Council is directed to transmit duly certified copies of this ordinance to the Zoning Administrator and the Planning Commission of this City as soon as possible. This ordinance shall become effective as provided by law. Adopted: September 14, 2010 yor 9/2z// ATTEST: / ., // 1/ . L City Clerk Votes Councilwoman Cross Nay Councilman Drummond Absent Councilman Greenfield Aye Councilman Meyer Aye Councilman Schmidt Aye Councilman Stombres Aye