2012-15 ORDINANCE NO. 2012-15
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM C-2, RETAIL COMMERCIAL, TO C-3(p),
GENERAL COMMERCIAL (WITH PROFFERS) THE PROPERTY IDENTIFIED AS
10030 FAIRFAX BOULEVARD FURTHER DESCRIBED AS CITY OF FAIRFAX
TAX MAP PORTION OF PARCEL 47-4-02-001B.
WHEREAS, Robert E. Stafford, Sr. and Associates, LLLP, by Stephen K. Fox, Agent,
submitted application No. Z-11120019 requesting a change in the zoning classification from
C-2, Retail Commercial, to C-3(p), General Commercial (with proffers), for the parcel
identified above, and more specifically described as follows:
Beginning at a point in the west right-of-way line of Stafford Drive, said point
being a corner to a parcel of the City of Fairfax, Virginia; thence with the west
right-of-way line of Stafford Drive, the following courses and distances: S 26° 47'
57" W, 174.53 feet to a point; thence 153.88 feet with the arc of a curve bearing to
the left and having a radius of 250.00 feet (tangent length 79.46 feet, chord length
151.46 feet, chord bearing S 09° 09' 57" W) to a point; thence 10.52 feet with the
arc of a curve bearing to the right and having a radius of 25.00 feet (tangent length
5.34 feet, chord length 10.44 feet, chord bearing S 03° 35' 05" W) to a point;
26° point; thence 16.74 feet with the arc of a
9.47 feet to a
thence S 26 46' 49" W, 9 p ,
curve bearing to the right and having a radius of 25.00 feet (tangent length 8.70
feet, chord length 16.43 feet, chord bearing S 57° 07' 06" W)to a point in the north
right-of-way line of Fairfax Boulevard— Route 29, 50, 211; thence with the north
right-of-way line of Fairfax Boulevard — Route 29, 50, 211, S 76° 17' 53" W,
145.00 feet to a point; thence through the tract, N 12° 46' 51" W, 283.08 feet to a
point in the south line of the aforesaid parcel of the City of Fairfax, Virginia;
thence with the south line of the aforesaid parcel of the City of Fairfax,Virginia,N
74° 17' 49" E, 337.63 feet to the point of beginning and containing an area of
65,483 square feet, or 1.5033 acres,more or less; and
WHEREAS, the City Council has carefully considered the application,the proposed proffers,
the recommendation of the Planning Commission, the recommendation of 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 above described property be rezoned
from C-2, Retail Commercial to C-3(p), General Commercial (with proffers);
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 ATTACHED PROFFERED CONDITIONS DATED JULY 12, 2012, AND
APPROVED BY CITY COUNCIL ON JULY 24, 2012]
BE IT FURTHER ORDAINED, that the above conditions, application package and
conceptual development plan be approved.
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.
Planning Commission hearing: July 9, 2012
City Council hearing: July 24, 2012
Adopted: July 24, 2012
to
Mayor
7/2.61 /Z-
Date
ATTEST:
City C erk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye
Stafford Rezoning Page 1 of 1
From: "Stephen K. Fox" <skfox @stephenkfoxpc.com>
To: "Cranmer, Nancy" <Nancy.Cranmer @fairfaxva.gov>, "'dbstaff @charter.net"'
<dbstaff @cha rter.net>
Date: 07/12/2012 03:41:49 EDT
Subject: Stafford Rezoning
Attachments: ' StaffordRezoningProffersRevised071212.doc (52KB)
Nancy,
I have reviewed the proposed edits to the Proffers, addressing issues of signage and public safety
raised by the Planning Commission. I find the edits acceptable, and herewith submit the Proffers for
presentation to the City Council on 7/24/12.
By copy of this email, I am again requesting Mr. Stafford to execute the proffers, and to return the
signed hard copy for inclusion in the Council package. If there are further edits at the Council hearing,
I have authority to sign for those purposes. skf
Stephen K. Fox, Attorney at Law
Stephen K. Fox, P.C.
10511 Judicial Drive, Suite 112
Fairfax, Virginia 22030
Tel.(703) 273-7220
Fax (703) 273-7225
website: www.stephenkfoxpc.com
http://enhanced.charter.net/viewmessage?r=%3 Crequest%3 E%3Cmail%20action%3 D%22... 7/13/2012
PROFFERS
APPLICATION OF Robert E. Stafford,Sr.and Associates,LLLP
Z11120019
July 12, 2012
Pursuant to Section 15.2-2303(A) of the 1950 Code of Virginia, as amended, the
Applicant/Owner, for himself and his successors or assigns (herein collectively referred to as the
"Applicant") in this rezoning application filed on property identified on the Fairfax City Tax Map
No. 47-4-02-001B (Part of), consisting of 65,483 square feet of land (commonly referred to as
Lease Area "C") (hereinafter referred to as the "Application Property"), agrees to the following
proffers, provided that the Council of the City of (hereinafter referred to as the "Council")
approves the rezoning of the Application Property from the C-2 zoning district to the C-3 district,
with companion Special Use Permits and Special Exceptions.
1. The Plan: The application property shall be developed in substantial conformance with the
Rezoning/Special Exception/Special Use Permit Plan (the"Plan")prepared by Walter L.
Phillips, Inc., Civil Engineers dated November 15, 2011 (REV through June 13, 2012)
depicting a fast food establishment in the C-3 District on 65,483 square feet of land. Minor
modifications to the Plan may be made provided that said modifications are in substantial
conformance with the Plan.
2. Land Uses: Land uses on the property shall be limited to the C-3 use for the fast food
restaurant with a drive through window(s) as approved by Special Use Permit, and such
uses permitted by right or Special Use permit in the C-1 and C-2 Districts.
3. Loading/Delivery Restrictions: The Applicant shall take reasonable measures to ensure
that major deliveries to the site occur during non-peak hours so that deliveries from the
designated loading spaces will not be in conflict with the drive-through lane depicted on
the Plan. If an occasional delivery occurs during peak operation hours, Applicant shall
close the drive through lane temporarily until the delivery has been concluded.
4. Signage: The Applicant shall remove the existing free-standing pylon sign and work with
the Zoning Administrator to replace it pursuant to Code Section 110-877 with a ground-
mounted sign generally in conformance with the attached photograph in Exhibit#1.
5. Parking for Bicycles: Bicycle parking on the property shall be provided by installing a
bicycle rack as shown on the Plan.
6. Reciprocal Parking: Applicant shall ensure that parking on the adjoining lease parcel
being used for the fast food restaurant shall remain available for use by the fast food
restaurant. Such assurances may be in the form of language in the respective leases to
ensure the continued availability of such parking. Such parking shall not be utilized to
meet the minimum parking requirements on the adjoining lease parcel.
7. Entrance Improvement: At the time of site plan review, Applicant shall work with the
Department of Public Works (DPT 9 to reach a reasonable solution at the Stafford Drive
entrance to minimize the potential for vehicles to "bottom out"when entering and exiting
the property and to improve vehicular and pedestrian safety. In addition to the stop bars
and "Do not block entrance" signage shown on the Plan and the preliminary entrance ramp
regrading cross-sections already submitted,the applicant shall prepare entrance grading
studies as may be directed by DPW. DPW in its review should include consideration of a)
the tendency of vehicles exiting the site to block the box, b)bus access to the site, and c)
appropriate on-site direction signage for vehicles entering the site.
I
1 2
I
8. Pedestrian Safety: The Applicant shall provide pavement markings or other means
delineating a safe pedestrian path from the park trail to the restaurant and from the parking
spaces outside of the lease area to the restaurant.
APPLICANT/OWNER:
ROBERT E. STAFFORD, SR. and ASSOCIATES, LLLP
By: DJ(/1 .127, ar ')X7.14 i'
DAVID STAFFORD (TIT
/1/
3
•
r
It
F ,,
W '
x
X
V.4
x
W 11 ~
O l
a.
x
V
y
•
t 4 a4 �,
&.. 1 w
.
I
SW*
111111.1114-
01111411 In CC
xt' W
• o no
co Cr* :! D
Lill -
v le
Ilk
id 4:C
>11
N
MEM
\ a
II:C •
tliii
ll Cill
,•- ,..a f -, i 1.
II
. 1 i• I .
4 1 ,
i
. ,
a _ 7
1 e
11 !
Z. s N.
t i
•
II ,
a