2012-03 ORDINANCE NO. 2012-03
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF
THE CITY OF FAIRFAX, VIRGINIA BY ADOPTING AMENDMENTS TO THE
PROFFERED CONDITIONS ASSOCIATED WITH THE C -1, OFFICE
COMMERCIAL DISTRICT (WITH PROFFERS) AND OLD TOWN FAIRFAX
TRANSITION OVERLAY DISTRICT ON THE PROPERTY DESCRIBED AS CITY
OF FAIRFAX TAX MAP PARCEL 57 -4 -02 -138.
WHEREAS, 10201 Olde School LLC, by Sarah Hall, attorney /agent, submitted application
No. Z(PA)- 11100070 requesting an amendment to the proffered conditions contained in
Ordinance No. 1991 -3 enacted February 26, 1991 concerning the parcel described above; 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 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 proffered conditions associated with the
zoning of the above described property are hereby amended in their entirety to read as
follows:
1. Development of the Property and the adjoining Annex property sites shall be in substantial
conformance with the generalized development plan prepared by Paciulli, Simmons &
Associates, revised February 14, 1986.
2. (a) Uses permitted by right on the Property shall be limited to uses permitted by right in
the C1 -L zone, clinics, schools of special instruction and health clubs.
(b) Uses permitted by special use permit on the Property shall be limited to those uses
permitted by special use permit in the C1 -L zone.
3. The maximum building height shall not exceed 41 feet and the elevations of structures on
the site shall be in substantial conformance with those shown in Exhibit A dated February
18, 1986.
4. Additions beyond the perimeter of existing buildings shall be limited to porches, porticos
and parking structures except that the owner shall have the right to extend the perimeter as
shown on the generalized development plan (note 10) in lieu of adding a third story at the
rear of the existing structure and provided that the total gross square footage of the
building does not exceed 55,000 square feet. I
5. The permanent ingress /egress parking easement shown on the generalized development
plan between the structure and the Annex will not be used for a period of 10 years from
the date of settlement except that it may be used during the construction period as a
temporary easement for construction traffic. After the 10 -year period, the easement may
be used if it is necessary for the use of the Property and the adjoining Annex property.
6. The owners and the successors agree not to apply to the Board of Zoning Appeals or other
public authorities for waivers or variances from the provisions of these proffers except as
provided on the development plan.
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 23, 2012
City Council hearing: February 7, 2012
Adopted: February 7, 2012
Mayor
Date
ATTEST:
City Clerk
Votes
11 Councilman Drummond Aye
11 Councilman Greenfield Aye
11 Councilman Meyer Aye
11 Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye
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AMENDED PROFFERS
# PA- 11100070
10201 Olde School, LLC
Pursuant to Section 15.2 -2303A of the Code of Virginia, 1950 as amended, and Section
110 -7 of the Zoning Ordinance of The City of Fairfax, the undersigned applicant and owner, for
itself and its successors and assigns, agrees that in the event City Council approves Proffered
Condition Amendment Request # PA- 11100070 relating to Tax Map 57 -4 ((2)) -138 (the
"Property ") for a revision to proffer #2, the Property shall be subject to the following proffers
listed in their entirety, which shall supersede and replace any proffers applicable to any part of
the Property:
1. Development of the Property and the adjoining Annex property sites shall be in
substantial conformance with the generalized development plan prepared by Paciulli,
Simmons & Associates, revised February 14, 1986.
2. (a) Uses permitted by right on the Property shall be limited to uses permitted by right
in the Cl -L zone, clinics, schools of special instruction and health clubs.
(b) Uses permitted by special use permit on the Property shall be limited to those
uses permitted by special use permit in the Cl -L zone.
3. The maximum building height shall not exceed 41 feet and the elevations of structures on
the site shall be in substantial conformance with those shown in Exhibit A dated
February 18, 1986.
4. Additions beyond the perimeter of existing buildings shall be limited to porches, porticos
and parking structures except that the owner shall have the right to extend the perimeter
as shown on the generalized development plan (note 10) in lieu of adding a third story at
the rear of the existing structure and provided that the total gross square footage of the
building does not exceed 55,000 square feet.
5. The permanent ingress /egress parking easement shown on the generalized development
plan between the structure and the Annex will not be used for a period of 10 years from
the date of settlement except that it may be used during the construction period as a
temporary easement for construction traffic. After the 10 -year period, the easement may
be used if it is necessary for the use of the Property and the adjoining Annex property.
6. The owner and its successors agree not to apply to the Board of Zoning Appeals or other
public authorities for waivers or variances from the provisions of these proffers except as
provided on the development plan.
10201 Olde School, LLC
Date: 1 — Z - 6 L B \
Robert J. Lewis, ager
U:1Land Use & Development\SEH110201 Olde School LLC 8978tAmended Proffers (Clean 1- 25- 12).Docx