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R-11-08 City Council City of Fairfax RESOLUTION NO. R -11 -08 APPROVAL RESOLUTION TO APPROVE THE REQUESTS 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 REQUIRED OFF - STREET PARKING ON THE PROPERTY KNOWN AS TAX MAP PARCEL 57- 4 -02 -022 AND ALSO KNOWN AS 4235 CHAIN BRIDGE ROAD. WHEREAS, Mehrdad Assadi has submitted Application No. SE- 10030019 requesting a Special Exception to reduce the requirements of Section 110 -1046 which defines setbacks and perimeter screening and a Special Exception of Section 110 -155, which defines required off - street parking; WHEREAS, City Council has carefully considered the application, the recommendation of the Board of Architectural Review (BAR), the staff recommendation, and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exception is appropriate because the proposal meets the requisites established by City of Fairfax Code Section 110 -366 for the following reasons: 1) The request will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety; 2) The request will not result in adverse impacts of the proposed use on adjacent and adjoining properties or the surrounding area; 3) The request and the resultant reduced screen yards and reduced landscaping will not adversely impact the adjacent and adjoining properties or the surrounding area; 4) The request will not be contrary to the objectives specified in the comprehensive plan; 5) The request is necessary to permit the reasonable use of the subject property; 6) The request is the minimum necessary to afford relief; 7) The request will not adversely impact the safety and welfare of residents living in the area; and 8) The request is in harmony with the general purpose and intent of the applicable article of Chapter 110 of the City Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 8` day of February, 2011, that Application No. SE- 10030019 be and hereby is APPROVED, as requested with the following proffered conditions: 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 -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. 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. The motion to adopt the resolution was approved on February 8, 2011. Mayor ATTEST: -� 7 i City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Nay Councilman Greenfield Aye Councilman Meyer Nay Councilwoman Schmidt Aye Councilman Stombres Aye 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 -1 L 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.