2011-14 ORDINANCE NO. 2011-14
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS
ASSOCIATED WITH THE PD(p) PLANNED DEVELOPMENT DISTRICT AND
OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT FOR A PORTION OF
"THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57-
3-20: 1-12, 13A-19A, 20 -23, 24A -27A, 28 -36 AND A7.
WHEREAS, C/H at Main Street, LC et al by Lynne J. Strobel, Attorney -in- Fact /Agent,
submitted applications No. Z(PA)- 11040064 and V- 11050118 requesting to add four dwelling
units to Phase I of a development proposal previously approved in a PD(p) Planned
Development District (with proffers) and in the Old Town Fairfax Transition Overlay District,
with a variance, and with continued authorization of previously approved special exceptions
and variances, for the parcels identified above, and more specifically described as follows:
Beginning at a point on the southerly line of Main Street (Route 236), said point
being S24 ° 28'45 "W, 4.38 feet from a point marking the northeasterly corner of
Fairfax Nursing Home, Inc.; thence with the southerly line of Main Street with a
curve to the left whose radius is 4615.34 feet and whose chord bearing and
distance is S65 °47'07 "E, 180.31 feet with an arc distance of 180.33, feet; thence
continuing with the southerly line of Main Street the following courses and
distances: S66°54'17"E, 115.45 feet, S59 °57'44 "E, 74.46 feet, S66°54'17"E,
79.16 feet to a point of a curve to the right whose radius is 20.00 feet and whose
chord bearing and distance is S21°55 ' 13 "E, 28.28 feet with an arc distance of
31.41 feet to a point of tangent on the westerly line of Judicial Drive; thence with
the line of Judicial Drive S23 °03'51 "W, 8.47 feet to a point of curve to the left
whose radius is 442.50 feet and whose chord bearing and distance is
S 12° 16' 14 "W, 165.74 feet with an arc distance of 166.72 feet to a point of
tangent; thence S01 °28'37 "W, 101.02 feet to a point, said point being the
southeasterly corner of PARCEL "A -7" and the northeasterly corner of PARCEL
"A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence departing the westerly line
of Judicial Drive and through PHASE ONE and with the southerly line of
PARCEL "A -7" and the northerly line of PARCEL "A -5" JAGUAR/
YORKTOWN the following course and distances: N73 °27' 18 "W, 22.68 feet;
S59 °37'56 "W, 15.43 feet; S18 °45'30 "W, 8.20 feet; N58 °20'43 "W, 16.84 feet;
S84 °14'25 "W, 19.63 feet; S81 °35'54 "W, 24.26 feet; S65 °50'25 "W, 36.63 feet;
S76 °14'57 "W, 58.60 feet; N81 °49'11 "W, 14.70 feet; S72 °47'53 "W, 16.82 feet;
S63 °16'37 "W, 18.82 feet; S79 °25'33 "W, 38.52 feet; N85 °41'26 "W, 36.91 feet;
N65 °35'29 "W, 29.96 feet; N54 °31'07 "W, 43.30 feet; N75 °04' 12 "W, 66.70 feet;
N62° 18' 13 "W, 23.64 feet and N74 °38' 13 "W, 17.98 feet to a point in the line of
Fairfax Nursing Home, Inc., said point being the southwesterly corner of PARCEL
"A -7" and the northwesterly corner of PARCEL "A -5 ", PHASE ONE,
JAGUAR/YORKTOWN; thence leaving the northerly line of PARCEL "A -7" and
with the Fairfax Nursing Home, Inc. N24 °26'27 "E, 233.03 feet to a point; thence
N65 °30'41 "W, 104.98 feet to a point; thence continuing with Fairfax Nursing
Home, Inc. N24 °28'45 "E, 229.39 feet to the point of beginning, containing 4.32
acres of land; and
WHEREAS, the City Council has carefully considered the application, the recommendation
of the Planning Commission and staff, and the testimony received at public hearing; and
WHEREAS, the City Council has determined that the proposed proffer amendment and
variance request are 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 proffered conditions associated with the
zoning of the above described property be amended as requested by the property owners in
accordance with City Code Section 110 -7 as follows:
[SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH June 10, 2011 ..
AND APPROVED BY CITY COUNCIL ON July 12, 2011.]
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development /preliminary site plan revised through June 10, 2011 be approved and that the
previously approved special exceptions and variances be continued, and that a variance be
granted from City Code § 110 -634 (2) to permit less than 20 feet around the external walls of
all structures.
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 proffered
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.
City Council hearing: July 12, 2011
Adopted: July 12, 2011
8 \ 1
.02itarit ..�
ayor
//ate
ATTEST:
' �_ �_ jfd✓ " ice
City Clerk
Votes
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Absent
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye
RECEIVED
JUL Dave loom 08M12'n.mulnity
ent &
CH AT MAIN STREET, L.C.
PROFFERED CONDITIONS
PCA 789-01-2 Planning
June 10, 2011
Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia, as amended, and Section 26-
6(b) of the Zoning Ordinance of the City of Fairfax, Virginia, C/H at Main Street, L.C. (
Applicant"), its successors and assigns, agrees that the development of the property that is the
subject of an application for Proffered Condition Amendment Z-789-01-2 filed by C/H at Main
Street, L.C. and shown on City of Fairfax Tax Map 57-1 ((20)) 1-12, 13A, 14A, 15A, 16A, 17A,
18A, 19A, 20-23, 24A, 25A, 26A, 27A, 28-36, A7 (the "North Property"), will be in accordance with
the existing Proffered Conditions accepted pursuant to Zoning Map Amendment Z-789-01-I dated
February 22, 2005 except as amended below.
[MODIFIED AS FOLLOWS]
1. GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN. The general character
of the development of the Property shall be in substantial conformance with the General
Development Plan/Preliminary Site Plan (GDPIPSP) dated December 12, 2001, as
amended through February 15, 2005, prepared by Dewberry & Davis LLC. The general
character of the development of the North Property shall be in substantial conformance
with the GDP/PSP dated April 13, 2011 as amended through June 10, 2011, prepared by
Dewberry & Davis LLC (the "North Property GDPIPSP").
2. No changes.
3. No changes.
4. No changes.
5. No changes.
6. No changes.
7. No changes.
8. ARCHITECTURAL DESIGN.
a. The building elevations for the area north of the stream valley, prepared by Devereaux
and Associates and shown on Sheet 5 in the North Property GDPIPSP, are provided to
illustrate the architectural theme and design intent of the buildings. The architectural
design of the proposed buildings shall generally conform with the character and quality
of these illustrative elevations, but the Applicant reserves the right to modify these
PCA 789 -01 -2
Page 2
elevations and add architectural ornamentation based on final architectural design. The
building materials of all facades shall be predominately brick or stone. All chimneys
shall be constructed of brick or stone, The design of the building and site shall be
executed in a manner that will result in development of high quality.
9. No changes.
10. No changes.
11. No changes.
12. No changes.
13, No changes.
14. No changes.
15. No changes.
16. No changes.
17. No changes.
18. No changes.
19. No changes.
20. No changes.
21. No changes.
22. No changes.
Proffers 6-10-11 (A0224036)
[SIGNATURES ON NEXT PAGE]
PCA 789 -01 -2
APPLICANT
TITLE OWNER OF TAX MAP 57-1 ((20)) -12,
13A, 14A, 15A, 16A, 17A, 18A, 19A, 20 -21 24A,
25A, 26A, 27A, 28, 31, 34 -36
C/H AT MAIN STREET, L.C.
Jo Sri .. Cowles
Pri• - nt
SIGNATURES CONTINUE ON NEXT PAGE
PCA 789.01 -2
TITLE OWNER OF TAX MAP 57 -1 ((20)) 29
ELMER K. CHOI AND JULIE J. CHOI
John owles, Manager of Courtland at Main
Stree. L. ., agent and attorney -in -fact for Elmer K.
Choi
John f a les, Manager of Courtland at Main
Street L.0 , agent and attorney -in -fact for Julie J.
Choi
SIGNATURES CONTINUE ON NEXT PAGE
PCA 789 -01 -2
TITLE OWNER OF TAX MAP 57 -1 ((20)) 30
JOHNIE'GOMBO AND JANTCE R. GOMBO
\, L --''
John /it'. o , les, Manager of Courtland at Main
Stre. , L. , agent and attorney -in -fact for Johnie
Gomb.
i ' t 4 01i
John la. *wits, Manager of Courtland at Main
Street, ., agent and attorney -in -fact for Janice R.
Gombo
SIGNATURES CONTINUE ON NEXT PAGE
PCA 789 -01 -2
TITLE OWNER OF TAX MAP 57 -1 ((20)) 32
SHIRINE HEGAZI AND AMIRA HEGAZI
John wits, Manager of Courtland at Main
Stree agent and attorney -in -fact for Sirine
Hegazi
John . wles,'Manager of Courtland at Main.
Street, , agent and attorney -in -fact for Ainira
Hegazi
SIGNATURES CONTINUE ON NEXT PAGE
PCA 789 -01 -2
TITLE OWNER OF TAX MAP 57 -1 ((20)) 33
RALPH G. DRAETTA AND JUANITA E.
DRAETTA
John. owles, Manager of Courtland at Main
Stree , .C., agent and attorney -in -fact for Ralph G.
Draetta
,„
John - i wles, Manager of Courtland at Main
Street 1,, agent and attorney -in -fact for Juanita E.
Draetta
i
SIGNATURES CONTINUE ON NEXT PAGE
PCA 789 -01 -2
TITLE OWNER OF
TAX MAP 57 -1 ((20)) A7
MAIN STREET HOMEOWNERS
ASSOCIATION, INC.
J / Cowles
P esi. ' TIC
SIGNATURES END
Amon.
ORDINANCE NO. 2011-14
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS
ASSOCIATED WITH THE PD(p) PLANNED DEVELOPMENT DISTRICT AND
OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT FOR A PORTION OF
"THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57-
1-20: 1 -12, 13A -19A, 20 -23, 24A -27A, 28 -36 AND A7.
WHEREAS, C/H at Main Street, LC et al by Lynne J. Strobel, Attorney -in- Fact /Agent,
submitted applications No. Z(PA)- 11040064 and V- 11050118 requesting to add four dwelling
units to Phase I of a development proposal previously approved in a PD(p) Planned
Development District (with proffers) and in the Old Town Fairfax Transition Overlay District,
with a variance, and with continued authorization of previously approved special exceptions
and variances, for the parcels identified above, and more specifically described as follows:
Beginning at a point on the southerly line of Main Street (Route 236), said point
being S24 °28'45 "W, 4.38 feet from a point marking the northeasterly corner of
Fairfax Nursing Home, Inc.; thence with the southerly line of Main Street with a
curve to the left whose radius is 4615.34 feet and whose chord bearing and
distance is S65 °47'07 "E, 180.31 feet with an arc distance of 180.33, feet; thence
continuing with the southerly line of Main Street the following courses and
distances: S66°54'17"E, 115.45 feet, S59 °57'44 "E, 74.46 feet, S66°54'17"E,
79.16 feet to a point of a curve to the right whose radius is 20.00 feet and whose
chord bearing and distance is S21 °55' 13 "E, 28.28 feet with an arc distance of
31.41 feet to a point of tangent on the westerly line of Judicial Drive; thence with
the line of Judicial Drive S23 °03'51 "W, 8.47 feet to a point of curve to the left
whose radius is 442.50 feet and whose chord bearing and distance is
S 12° 16' 14 "W, 165.74 feet with an arc distance of 166.72 feet to a point of
tangent; thence S01 °28'37 "W, 101.02 feet to a point, said point being the
southeasterly corner of PARCEL "A -7" and the northeasterly corner of PARCEL
"A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence departing the westerly line
of Judicial Drive and through PHASE ONE and with the southerly line of
PARCEL "A -7" and the northerly line of PARCEL "A -5" JAGUAR/
YORKTOWN the following course and distances: N73 °27'18 "W, 22.68 feet;
S59 °37'56 "W, 15.43 feet; S18 °45'30 "W, 8.20 feet; N58 °20'43 "W, 16.84 feet;
S84 °14'25 "W, 19.63 feet; S81 °35'54 "W, 24.26 feet; S65 °50'25 "W, 36.63 feet;
S76 °14'57 "W, 58.60 feet; N81 °49'11 "W, 14.70 feet; S72 °47'53 "W, 16.82 feet;
S63 °16'37 "W, 18.82 feet; S79 °25'33 "W, 38.52 feet; N85 °41'26 "W, 36.91 feet;
N65 °35'29 "W, 29.96 feet; N54 °31'07 "W, 43.30 feet; N75 °04' 12 "W, 66.70 feet;
N62 °18' 13 "W, 23.64 feet and N74 °38' 13 "W, 17.98 feet to a point in the line of
Fairfax Nursing Home, Inc., said point being the southwesterly corner of PARCEL
"A -7" and the northwesterly corner of PARCEL "A -5 ", PHASE ONE,
JAGUAR/YORKTOWN; thence leaving the northerly line of PARCEL "A -7" and
with the Fairfax Nursing Home, Inc. N24 °26'27 "E, 233.03 feet to a point; thence
N65 °30'41 "W, 104.98 feet to a point; thence continuing with Fairfax Nursing
Home, Inc. N24 °28'45 "E, 229.39 feet to the point of beginning, containing 4.32
acres of land; and
WHEREAS, the City Council has carefully considered the application, the recommendation
of the Planning Commission and staff, and the testimony received at public hearing; and
WHEREAS, the City Council has determined that the proposed proffer amendment and
variance request are 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 proffered conditions associated with the
zoning of the above described property be amended as requested by the property owners in
accordance with City Code Section 110 -7 as follows:
[SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH June 10, 2011
AND APPROVED BY CITY COUNCIL ON July 12, 2011.]
r imi"
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development /preliminary site plan revised through June 10, 2011 be approved and that the
previously approved special exceptions and variances be continued, and that a variance be
granted from City Code § 110 -634 (2) to permit less than 20 feet around the external walls of
all structures.
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 proffered
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.
City Council hearing: July 12, 2011
Adopted: July 12, 2011
Mayor
VZV
Date
ATTEST:
i L JI
City Clerk
Votes
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Absent
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye