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2011-03 ORDINANCE NO. 2011-03 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM R -2, RESIDENTIAL, TO C1 -L, LIMITED OFFICE DISTRICT (WITH PROFFERS) AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT, FURTHER DESCRIBED AS CITY OF FAIRFAX TAX MAP PARCEL 57 -4 -02 -022. WHEREAS, Mehrdad Assadi, by William M. Baskin, Jr., attorney /agent, submitted applications No. Z- 09040012 and SE- 10030019 requesting a change in the zoning classification from R -2, Residential to C1-L(p), Limited Office District (with proffers) and Old Town Fairfax Transition Overlay District for the parcel identified above, and more specifically described as follows: Beginning at a point on the easterly line of Chain Bridge Road, Route #123, a variable width public right -of -way; Thence, departing the westerly line of Assadi and running with said westerly line of Chain Bridge Road, the following five (5) courses and distances: 1. N27 °25'15 "E, a distance of 94.81 feet (comp.); 2. S75 °55'22 "E, a distance of 142.90 feet (comp.); 3. S27 °33'25 "W, a distance of 140.61feet; 4. N66 °44'22 "W, a distance of 121.81 feet (comp.); 5. N11 °04'47 "W, a distance of 27.67 feet (comp.), to the point of beginning, containing 17,737 Square Feet or 0.40719 Acres of Land, More or Less; and WHEREAS, the City Council has carefully considered the application, the recommendation of the Planning Commission, recommendation of the staff, and the testimony received at public hearing; and WHEREAS, the City Council has determined that the proposed rezoning is proper and in accordance with the Comprehensive Plan as well as with the pertinent provisions set forth in the Code of Virginia and the Code of the City of Fairfax, Virginia; NOW, THEREFORE BE IT ORDAINED, that the City Council has determined that the above described property should be and hereby is rezoned from R -2, Residential to C 1 -L(p), Limited Office District (with proffers) and Old Town Fairfax Transition Overlay District. BE IT FURTHER ORDAINED, that the above described property be subject to the following reasonable conditions authorized by City Code Section 110 -7, which are proffered by the property owners: SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH February 3, 2011. BE IT FURTHER ORDAINED, that the above conditions, application package and general development /preliminary (site) plan revised through February 4, 2011 are hereby approved by City Council. The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the changes in the zoning of these premises, including the existence of the 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 become effective as provided by law. City Council hearing: February 8, 2011 Adopted: February 8, 2011 ayor ATTEST: City Clerk The vote on the motion to approve was recorded as follows: Votes Councilwoman Cross Aye Councilman Drummond Nay Councilman Greenfield Aye Councilman Meyer Nay Councilman Schmidt Aye Councilman Stombres Aye } © Cry of Fairfax 1973 City of Fairfax 10455 Armstrong Street Fairfax, Virginia 22030 - 3630 March 3, 2011 Mr. William M. Baskin, Jr. 301 Park Avenue Falls Church, Virginia 22046 Re: Special Exception SE- 10030019 Rezoning Z- 09040012 Comprehensive Plan Amendment Dear Mr. Baskin: The Fairfax City Council, at its regular meeting of February 8, 2011, adopted a resolution for Mehrdad Assadi by William M. Baskin, Jr., Attorney /Agent, to amend the Comprehensive Plan of the City of Fairfax, Virginia, to classify this property as business - office transition use on the future land use map. The property is identified as City of Fairfax tax map parcel 57 -4 -02 -022, which is 0.40719 -acre parcel and is located at 4235 Chain Bridge Road. The Fairfax City Council also adopted an ordinance to approve the application of Mehrdad Assadi by William M. Baskin, Jr., Attorney /Agent, pursuant to City Code Section 110- 5 to rezone the subject property from R -2, Residential to C1-1 (P), limited office district (with proffers) and Old Town Fairfax Transition Overlay District subject to the proffer statement revised through February 3, 2011, and the general development plan/preliminary site plan revised through February 4, 2011, on the land known as 4235 Chain Bridge road and more particularly described as tax map 57 -4 -02 -022, with the following applicant approved proffers: 1. With the exception of improvements made in order to comply with City, State, and Federal Code requirements, site changes shown on the approved General Development Plan, and maintenance, preservation,_and restoration such as painting, the exterior of the existing building shall remain unchanged. 2. Prior to Site Plan submittal, the applicant or assigns shall submit a historical /architectural evaluation of the existing structure prepared by an individual or firm approved by the City's Office of Historic Resources. The scope of work for this evaluation will be reviewed and approved by the City's Office of Historic Resources prior to any construction on the building. 3. Prior to Site Plan submittal, the applicant or assigns shall submit a Phase 1 archeological study and associated metal detector study to be performed by a consultant approved by the City's v°�� 4,G,+ Office of Historic Resources. The scope of work for these studies will be reviewed and `"'' Printed on recycled paper q•croVO4 approved by the City's Office of Historic Resources before work begins. Any artifacts found on the premises shall remain the property of the applicant or assigns. 4. Signage shall be limited to one wall sign mounted on the front of the building identifying the business occupying the building and shall be in conformance with all regulations relating to such signs. 5. The number of on site employees shall not exceed seven (7). Site visitors shall be accepted by appointment only with no more than one appointment at a time and such appointments shall be arranged to ensure no more than eight (8) total vehicles are on site at any one time. It is understood that these limitations on employees and visitors will likewise limit the allowable uses on the C -1 L -zoned site to only business offices that can operate in such a manner so as to fully abide by these proffers. 6. Additional prohibited uses on the C-1L zoned site shall include inns, banks, medical offices, law offices, insurance offices, real estate offices and similar business and professional offices which require a high number of visits to the site. 7. All businesses on the property shall ensure that neither site employees nor visitors shall park on City Hall property or on adjacent streets. 8. Required parking lot lighting shall be provided using bollard lighting fixtures versus pole - mounted lights or building- mounted wall -pak lighting fixtures. Any other site lighting fixtures will be residential in nature and design. 9. The applicant shall install streetscape features, including, but not limited to street trees, gas streetlights and brick paved sidewalks along the site's public street frontage so as to fully comply with Old Town Fairfax Transitional Overlay District standards. 10. All mature trees on site, which are in good health, will not interfere with the physical changes to the site necessitated by the development plan, and which have a reasonable chance of surviving site development will be retained. 11. Applicant shall increase the landscaping on the southern side of the site, at a cost of no more than a fence, in lieu of a fence along that side. Along the eastern side of the property the Applicant shall construct a fence that matches the fence owned by Crestmont on the southern boundary of the site. The Fairfax City Council also adopted a resolution to approve the application of Mehrdad Assadi by William M. Baskin, Jr., Attorney /Agent, for a special exception pursuant to City Code Sections 110 -366 and 110 -1046 and 110 -158 to reduce the required 25 -foot side yard and associated perimeter screening and to reduce the amount of off - street parking on the property known as tax map parcel 57 -4 -02 -022 and also known as 4235 Chain Bridge Road with the following conditions, as amended by the City Council: 1. With the exception of improvements made in order to comply with City, State, and Federal Code requirements, site changes shown on the approved General Development Plan, and maintenance, preservation, and restoration such as painting, the exterior of the existing building shall remain unchanged. 2. Prior to Site Plan submittal, the applicant or assigns shall submit a historical /architectural evaluation of the existing structure prepared by an individual or firm approved by the City's Office of Historic Resources. The scope of work for this evaluation will be reviewed and approved by the City's Office of Historic Resources prior to any construction on the building. 3. Prior to Site Plan submittal, the applicant or assigns shall submit a Phase 1 archeological study and associated metal detector study to be performed by a consultant approved by the City's Office of Historic Resources. The scope of work for these studies will be reviewed and approved by the City's Office of Historic Resources before work begins. Any artifacts found on the premises shall remain the property of the applicant or assigns. 4. Signage shall be limited to a pedestal or yard -armed sign consistent with the historic appearance of the building and complying with (the) BAR ruling. 5. The number of onsite employees shall not exceed seven (7). Site visitors shall be accepted by appointment only with no more than one appointment at a time and such appointments shall be arranged to ensure no more than eight (8) total vehicles are on site at any one time. It is understood that these limitations on employees and visitors will likewise limit the allowable uses on the C -1L -zoned site to only business offices that can operate in such a manner so as to fully abide by these proffers. 6. Additional prohibited uses on the C -1 L zoned site shall include inns, banks, medical offices, law offices, insurance offices, real estate offices and similar business and professional offices which require a high number of visits to the site. 7. All businesses on the property shall ensure that neither site employees nor visitors shall park on City Hall property or on adjacent streets. 8. Required parking lot lighting shall be provided using bollard lighting fixtures versus pole - mounted lights or building- mounted wall -pak lighting fixtures. Any other site lighting fixtures will be residential in nature and design. 9. The applicant shall install streetscape features, including, but not limited to street trees, gas streetlights and brick paved sidewalks along the site's public street frontage so as to fully comply with Old Town Fairfax Transitional Overlay District standards. 10. All mature trees on site, which are in good health, will not interfere with the physical changes to the site necessitated by the development plan, and which have a reasonable chance of surviving site development will be retained. New trees shall be three to three and a half inches in caliper. 11. Applicant shall increase the landscaping on the southern side of the site to provide a solid visual screen in lieu of a fence along that side. Along the eastern side of the property the Applicant shall construct a fence that matches the fence owned by Crestmont on the southern boundary of the site. Sincerely, i!L2jiG 0 Melanie R. Burrell City Clerk Cc: David Hudson, Director, Community Development and Planning Jack Blevins, Community Development Division Chief MRB /ds PROFFER STATEMENT (Revised by applicant July 26, 2010) (Revised October 21, 2010) (Revised by staff November 4, 2010) (Revised by Applicant February 3, 2011) Pursuant to Section 15.2- 2303(a) of the 1950 Code of Virginia, as amended, and Section 110 -7(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Mehrdad Assadi ( "Applicant "), and his successors and all assigns, agree that the development of the property that is the subject of an application for Zoning Map Amendment Z- 09040012 filed by the Applicant, and shown on City of Fairfax Tax Map Parcel 57 -4 -02 -022 (the "Property "), will be in accordance with the following Proffered Conditions if the Zoning Map Amendment is granted and the Property is rezoned to the C-1L District and to the Old Town Fairfax Transition Overlay District in accordance with Applicant's General Development Plan/Preliminary Site Plan (GDP/PSP), dated June 15` 2009, revised through February 4, 2011, showing an existing residence converted into a commercial office building with 3,154 square feet of commercial floor area. The proffered conditions are: 1. With the exception of improvements made in order to comply with City, State, and Federal Code requirements, site changes shown on the approved General Development Plan, and maintenance, preservation, and restoration such as painting, the exterior of the existing building shall remain unchanged. 2. Prior to Site Plan submittal, the applicant or assigns shall submit a historical /architectural evaluation of the existing structure prepared by an individual or firm approved by the City's Office of Historic Resources. The scope of work for this evaluation will be reviewed and approved by the City' s Office of Historic Resources prior to any construction on the building. 3. Prior to Site Plan submittal, the applicant or assigns shall submit a Phase 1 archeological study and associated metal detector study to be performed by a consultant approved by the City's Office of Historic Resources. The scope of work for these studies will be reviewed and approved by the City's Office of Historic Resources before work begins. Any artifacts found on the premises shall remain the property of the applicant or assigns. 4. Signage shall be limited to one wall sign mounted on the front of the building identifying the business occupying the building and shall be in conformance with all regulations relating to such signs. 5. The number of on site employees shall not exceed seven (7). Site visitors shall be accepted by appointment only with no more than one appointment at a time and such appointments shall be arranged to ensure no more than eight (8) total vehicles are on site at any one time. It is understood that these limitations on employees and visitors will likewise limit the allowable uses on the C -1L -zoned site to only business offices that can operate in such a manner so as to fully abide by these proffers. 6. Additional prohibited uses on the C -1L zoned site shall include inns, banks, medical offices, law offices, insurance offices, real estate offices and similar business and professional offices which require a high number of visits to the site. 7. All businesses on the property shall ensure that neither site employees nor visitors shall park on City Hall property or on adjacent streets. 8. Required parking lot lighting shall be provided using bollard lighting fixtures versus pole- mounted lights or building- mounted wall - pak lighting fixtures. Any other site lighting fixtures will be residential in nature and design. 9. The applicant shall install streetscape features, including, but not limited to street trees, gas streetlights and brick paved sidewalks along the site's public street frontage so as to fully comply with Old Town Fairfax Transitional Overlay District standards. 10. All mature trees on site, which are in good health, will not interfere with the physical changes to the site necessitated by the development plan, and which have a reasonable chance of surviving site development will be retained. 11. Applicant shall increase the landscaping on the southern side of the site, at a cost of no more than a fence, in lieu of a fence along that side. Along the eastern side of the property the Applicant shall construct a fence that matches the fence owned by Crestmont on the southern boundary of the site. Mehrdad Assadi Date: March 2, 2011 Steele, Dorothy From: Jaskiewicz, Mike Sent: Thursday, March 03, 2011 10:52 AM To: Steele, Dorothy Cc: Blevins, Jack; Burrell, Melanie Subject: 4235 Chain Bridge Road: staff receipt of signed Proffers Attachments: PROFFERSTATEMENT- revised2 -3 -11. pdf Dottie, Please find attached, at long last, the SIGNED proffers (signed and dated March 2, 2011) for the proffers dated Feb. 3, 2011 for 'my' approved rezoning at 4235 Chain Bridge Road. It is my understanding that with the receipt of these SIGNED proffers you can now send the applicant the Letter of Approval and the Resolution for this project. Please 'cc' me on all correspondence, and if you can forward me both pdf and Word doc copies of your correspondence for my files, since I will be managing the site plan review process for this project, and prefer to have the applicant include the Letter of Approval with the Site Plan submittal graphics. Thanks Dottie. M i keJ From: Baskin)ack @aol.com [mailto:Baskin]ack @ aol.com] Sent: Thursday, March 03, 2011 10:43 AM To: Jaskiewicz, Mike Subject: Fwd: Proffers See attached. William M. Baskin, Jr. Baskin, Jackson & Duffett, PC 301 Park Avenue Falls Church, Virginia 22046 (703) 534-3610 (703) 536 -7315- fax www.baskinjackson.com NOTICE: This email is from a law firm, Baskin, Jackson & Duffett, P.0 (BJ &D) and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of BJ &D, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to BJ &D in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co- counsel or retained expert by BJ &D, you should maintain its contents in confidence in order to preserve the attorney - client or work product privilege that may be available to protect confidentiality From: MAI @patrix.com To: BaskinJack @aol.com CC: mike.jaskiewicz @fairfaxva.gov Sent: 3/2/2011 5:39:23 P.M. Eastern Standard Time Subj: RE: Proffers Atatched signed proffers. 1 Best regards, Mehrdad Assadi CTO Backebols Gard 1 1800 Diagonal Rd, Suite 600 422 59 Hisings Backa Alexandria , VA 22314 SWEDEN United States Of America Phone: +46 31 50 77 60 Phone: +1 703 879 4860 Fax: +46 31 50 77 66 Fax: +1 703 997 2579 E -mail: MAI @patrix.com E -mail: MAI @patrix.com Web: www.patrix.com Web: www.patrix.com From: Baskinlack @aol.com [mailto:BaskinJack @ aol.com] Sent: den 1 mars 2011 12:28 To: Mehrdad Assadi Cc: mike.jaskiewicz @fairfaxva.gov Subject: Proffers Mehrdad, Please sign and return to me. Bill William M. Baskin, Jr. Baskin, Jackson & Duffett, PC 301 Park Avenue Falls Church, Virginia 22046 (703) 534 -3610 2 (703) 536- 7315 - fax www.baskinjackson.com NOTICE: This email is from a law firm, Baskin, Jackson & Duffett, P.0 (BJ &D) and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of BJ &D, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to BJ &D in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co- counsel or retained expert by BJ &D, you should maintain its contents in confidence in order to preserve the attorney - client or work product privilege that may be available to protect confidentiality This email has been scanned by the MessageLabs Email Security System. For more information please visit http: / /www.messabelabs.com /email FOIA Disclaimer You are hereby advised that, pursuant to the Virginia Freedom of Information Act, written correspondence (including, but not limited to, letters, e-mails and faxes) from and to the City of Fairfax and its officials and employees, and others acting on its behalf, may be subject to disclosure as being a public record. This includes the e-mail address(es) and other contact and identifying information for parties involved in the correspondence. 3