2014-01 tl
ORDINANCE NO. 2014-01
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM C-2 RETAIL COMMERCIAL AND I-2
INDUSTRIAL, TO C-2(p), RETAIL COMMERCIAL (WITH PROFFERS) THE
PROPERTY IDENTIFIED AS 9538 LEE HIGHWAY AND MORE PARTICULARLY
DESCRIBED AS TAX MAP 48-3-01-031A.
WHEREAS, Fairfax Plaza, LLC, by Mehdi Sarbaz, Property Owner, submitted application
No. Z-12030112 requesting a change in the zoning classification from C-2 Retail Commercial
and I-2 Industrial, to C-2(p), Retail Commercial (with proffers), for the parcel identified
above, and more specifically described as follows:
Description of a portion of Parcel Number: 48-3-01-031A
Existing zone C-2 portion of property
Beginning at a point on the northerly right-of-way of Lee Highway, Route 29, width varies,
thence running with said right-of-way along a curve to the left with a radius of 1004.93' for an
arc distance of 53.22' said curve having a chord bearing of S 25° 16' 33" W a distance of
53.21'
Thence along said right of way S 23° 42' 19" W, 56.71 feet;
Thence departing from said right of way line following the northern boundary of Fairfax
Villa
N 86° 56' 38" W, 203.78 feet;
Thence departing said Fairfax Villa line the following:
N 32° 38' 22" E, 119.78 feet to a point on both the County and City line;
Thence running with this line S 86° 25' 35" E 184.78 feet to the point of beginning
containing 20,051 square feet or 0.46 acres, more or less, subject to all restrictions & easement
of records.
Description of a portion of Parcel Number: 48-3-01-031A
Existing zone 1-2 portion of property
Beginning at a point being the common corner between Fairfax Circle Villa L.P. properties and
Lee Circle L.L.C. properties; thence running with the easterly line of said Fairfax Circle Villa
L.P. S 31° 44' 22" W, 119.38 feet to a point on both the County and City line, thence
departing from said Fairfax Circle Villa L.P. the following:
Thence along the said County and City line S 86° 22' 35" E, 56.92 feet;
Thence S 32° 38' 22" W, 119.78 feet to a point being the common corner between and
Fairfax Complex, LLC and Lee Circle LLC properties;
Thence running with the northerly line of said Lee Circle LLC N 86° 56' 38" W, 55.08 feet to
the point of beginning containing 5,865 sq. ft. 0.13 acres, more or less, subject to all
restrictions & easement of records; 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 and 1-2 Industrial to C-2(p), Retail 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:
1. GENERAL DEVELOPMENT PLAN
The general character of the development of the Property shall be in substantial
conformance with the General Development Plan (GDP), entitled Fairfax City
Plaza dated June 26, 2013 revised through October 9, 2013, prepared by
Professional Design Group, Inc. and the architectural rendering prepared by
ATALLI Architect, PLLC dated July 22, 2013.
2. LANDSCAPING •
a. The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with sheets 4 and 5 of 8 of the GDP. Large deciduous trees shall
have a minimum caliper of 3 1/4 inches, medium deciduous trees shall have a
minimum height of 8 to 10 feet and evergreen trees shall have a minimum height
of 6 to 8 feet at time of planting. If plant material proposed on the landscape
plan is not available at the time of installation, the applicant shall be allowed
substitute similar plant species with the approval of the Director of Community
Development and Planning.
b. The Applicant reserves the right to install an entry feature monument sign on
the Property as shown in the GDP.
c. The final location of the screening fence located along the rear property line
shall be subject to the approval of the Board of Architectural Review ("BAR")
and the Zoning Administrator.
3. TREE PRESERVATION
The Applicant shall preserve trees on the Property as shown on Sheet 8 of 8 of
the GDP subject to minor adjustment during site plan review with approval of
the Director of Community Development and Planning. Tree management plan
requirements (to include a tree assessment prepared by a certified arborist
retained by the Applicant) will be met in conjunction with site plan approval and
during construction. Specifically:
a. The Applicant shall take necessary steps and actions to ensure the long term
survival, and continuing structural integrity and health of trees designated on
sheet 8, tree preservation plan of the GDP to be preserved on site. The landscape
plan submitted as part of the subdivision/site plan shall conform to the GDP.
Minor modifications may be permitted to the extent that these do not change the
designation of the individual trees to be preserved or result in significant
physical impacts to the areas outside the limits of clearing and grading shown on
the GDP.
b. Prior to subdivision/site plan submission the Applicant shall retain the
services of a certified arborist to review the impact of proposed site grading on
the trees to be preserved and on nearby off-site trees that may be impacted by
site development. The certified arborist shall prepare a Tree Management Plan
specifying preservation practices to be used to maximize chances of tree
survival, such as crown pruning, root pruning, mulching, fertilization and others
as necessary and identifying any new trees that in the arborist's professional
judgment would become hazardous in the new setting and should be removed.
The Tree Management Plan shall be incorporated into the subdivision/site plan
for review and approval.
c. All trees designated to be preserved shall be protected by tree protection
fencing. Tree protection fencing shall consist of 4-foot high, 14 gauge welded
wire attached to six (6) foot posts driven eighteen (18) inches into the ground
and shall be shown on the subdivision/site plan. All tree protection fencing shall
be installed prior to any site clearing and grading activities. The installation of
all tree protection fencing shall be performed under the supervision of a certified
arborist or landscape architect and accomplished in a manner that does not harm
existing vegetation.
d. At the time of bond release, the trees will be inspected by the City and a
certified arborist retained by the Applicant. Should any existing individual tree
shown for preservation not survive due to the impact of construction, the
Applicant shall replace such trees as follows:
• For a tree up to five (5) inches in caliper failing to survive, one (1)tree with a
caliper of not less than 3 '/2 inches shall be provided;
• For a tree between five (5) and sixteen (16) inches in caliper failing to
survive, two (2) trees with a caliper of not less than 3 V2 inches shall be provided;
• For a tree with a caliper of sixteen (16) inches or greater failing to survive,
three (3)trees with a caliper of not less than 3 %2 inches shall be provided;
• In general, the replacement trees shall be the same species of the failing tree
except that the Applicant may substitute trees of different species with the advice
and consent of the Zoning Administrator.
4. ARCHITECTURAL EXTERIOR DESIGN
The building to be constructed on the Property shall have facades of brick, stone,
or a combination of these materials except for architectural appurtenances. The
architectural design of the proposed building shall generally conform with the
character and quality of the illustrative elevations depicted on sheets A02 and
A03 of 8 of the GDP and the architectural rendering prepared by ATALLI
Architect, PLLC. The Applicant reserves the right to modify these elevations
and add additional elevations based on final architectural design subject to
approval by the BAR.
5. PUBLIC IMPROVEMENTS
a. The Applicant shall replace the existing asphalt path with an eight-foot
concrete sidewalk along the Property's Lee Highway frontage as shown in
the GDP.
b. The Applicant shall provide street trees along the Lee Highway frontage. If
there is insufficient space in the right-of-way to locate the street trees as
determined by the Director of Public Works, the applicant may locate the
street trees onsite per review and agreement by the Department of
Community Development and Planning. Any such trees planted onsite shall
be maintained by the Applicant.
c. The Applicant shall install acorn style street lighting as shown in the GDP.
6. CONSTRUCTION MANAGEMENT PLAN
Subsequent to rezoning approval but prior to site plan approval, the Applicant
agrees to submit a management plan for approval by the City Manager or his
designee for construction which will include the following information:
a. Hours of operation;
b. Truck routes to and from entrances;
c. Location of parking areas for construction employees;
d. Truck staging and cleaning areas;
e. Storage areas;
f. Fencing details;
g. Trailer and sanitary facility locations;
h. Traffic control measures; and
i. Maintenance of entrances.
The Applicant shall provide cash, bond or letter of credit in the amount of
$20,000 to provide for any damage to the road system fronting the Property due
to construction traffic. A joint inspection with the DPW of the condition of such
roads shall be made prior to the start of construction.
The Applicant shall provide a plan for phased construction of the development
one month prior to beginning construction to include the timetable for public and
site improvements and plans for any ancillary facilities such as sales or
construction trailers.
The Applicant shall identify a person who shall serve as a liaison to the
community throughout the duration of construction. The name and telephone
number of this individual shall be provided in writing to the residents and
business owners abutting the site, and to the City of Fairfax's Department of
Community Development and Planning.
Construction activity shall be limited from 7:00 a.m. to 6:00 p.m. weekdays and
8:30 a.m. to 5:00 p.m. Saturdays. No construction activity shall take place on
Sundays.
7. STORMWATER MANAGEMENT
Stormwater management shall be designed in accordance with 4VAC50-60-62
through 4VAC50-60-92.
8. FUTURE INTERPARCEL CONNECTION
The Applicant shall provide for interparcel access and easement with the
adjacent properties to the south in a location to be determined in consultation
with the adjacent property owners/assigns and City staff at such time as either
the adjacent properties redevelop and/or the City Council determines such access
is necessary.
9. GREEN BUILDING PRACTICES
A. Specific Credits. The Applicant will include, as part of the site plan
submission and building plan submission, a list of specific credits within the
most current version of the U. S. Green Building Council's Leadership in
Energy and Environmental Design —Core and Shell rating system (LEED®-CS)
rating system, or other LEED rating system determined to be applicable to the
building(s) by the U. S. Green Building Council (USGBC), that the Applicant
anticipates attaining. A LEED-accredited professional (LEED-AP) who is also
a professional engineer or licensed architect will provide certification statements
at both the time of the site plan review and the time of building plan review
confirming that the items on the list will meet at least the minimum number of
credits necessary to attain LEED certification of the project.
B. Team Member. In addition, prior to site plan approval, the Applicant
will designate the City Sustainability Coordinator as a team member in the
USGBC's LEED Online system. This team member will have privileges to
review the project status and monitor the progress of all documents submitted by
the project team, but will not be assigned responsibility for any LEED credits
and will not be provided with the authority to modify any documentation or
paperwork.
C. Green Building Escrow. As an alternative to the actions outlined in the
above paragraphs, or if the Applicant fails to attain LEED precertification prior
to building plan approval, the Applicant will post, for the building, a "green
building escrow," in the form or cash or a letter of credit from a financial
institution acceptable in the amount of ($2/sq.ft.). This escrow will be in
addition to and separate from other bond requirements and will be released upon
demonstration of attainment of certification, by the U. S. Green Building
Council, under the most current version of the LEED-CS rating system or other
LEED rating system determined, by the U. S. Green Building Council, to be
applicable to the building. The provision to the Department of Community
Development and Planning of documentation from the U. S. Green Building
Council that the building has attained LEED certification will be sufficient to
satisfy this commitment.
D. Escrow Release. If the Applicant provides to Department of
Community Development and Planning, within one year of issuance of the final
RUP/non-RUP for the building, documentation demonstrating that LEED
certification for the building has not been attained but that the building has been
determined by the U. S. Green Building Council to fall within three points of
attainment of LEED certification, 50% of the escrow will be released to the
Applicant; the other 50% will be released to City of Fairfax and will be posted
to a fund within the City budget supporting implementation of City
environmental initiatives.
E. Escrow Forfeit. If the Applicant fails to provide, within one year of
issuance of the final RUP/non-RUP for the building, documentation to the
Department of Community Development and Planning, demonstrating
attainment of LEED certification or demonstrating that the building has fallen
short of LEED certification by three points or less, the entirety of the escrow for
the building will be released to City of Fairfax and will be posted to a fund
within the City budget supporting implementation of City environmental
initiatives.
F. Extension of Escrow Period. If the Applicant provides documentation
from the USGBC demonstrating, to the satisfaction of the Department of
Community Development and Planning, that USGBC completion of the review of
the LEED certification application has been delayed through no fault of the
Applicant, the Applicant's contractors or subcontractors, the time frame may be
extended as determined appropriate by the Director of Community Development
and Planning, and no release of escrowed funds shall be made to the Applicant or
to the City during the extension.
10. SUCCESSORS AND ASSIGNS
The Applicant, for itself, its successors and assigns, agrees that these proffers
shall bind the future development of the Property, unless modified, waived or
rescinded in the future by the City Council in accordance with applicable City
of Fairfax and Commonwealth of Virginia statutory procedures.
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development plan/preliminary site 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 become effective as provided by law.
"-CTCy!J Lou.-
Mayor
07/4/
Date
ATTEST:
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Nay
Councilmember Schmidt Aye
Councilman Stombres Aye
RECEIVED
PROFFERED CONDITIONS JAN 17 2014
FAIRFAX CITY Community Dev&Planning
Fairfax Plaza, LLC
December 30, 2013
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, Fairfax Plaza LLC ("Applicant"),
and its successors and assigns, agree that the development of the property that is the subject of an
application for Zoning Map Amendment filed by the Applicant, as amended, and shown on City
of Fairfax Tax Map Parcel 48-3-01-031A (collectively, 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-2(p) (Retail Commercial District with proffers) District in
accordance with the Applicant's General Development Plan (GDP), dated June 26, 2013,revised
through October 9, 2013. The proffered conditions are:
1. GENERAL DEVELOPMENT PLAN
The general character of the development of the Property shall be in substantial
conformance with the General Development Plan (GDP), entitled Fairfax City Plaza
dated June 26, 2013 revised through October 9, 2013, prepared by Professional
Design Group, Inc. and the architectural rendering prepared by ATALLI Architect,
PLLC dated July 22, 2013.
2. LANDSCAPING
a. The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with sheets 4 and 5 of 8 of the GDP. Large deciduous trees shall have a
minimum caliper of 3 'h inches, medium deciduous trees shall have a minimum
height of 8 to 10 feet and evergreen trees shall have a minimum height of 6 to 8 feet
at time of planting. If plant material proposed on the landscape plan is not available
at the time of installation, the applicant shall be allowed substitute similar plant
species with the approval of the Director of Community Development and
Planning.
b. The Applicant reserves the right to install an entry feature monument sign on
the Property as shown in the GDP.
c. The final location of the screening fence located along the rear property line
shall be subject to the approval of the Board of Architectural Review ("BAR") and
the Zoning Administrator.
WBL\D0233.9.MW.6264 1
MIL
3. TREE PRESERVATION
The Applicant shall preserve trees on the Property as shown on Sheet 8 of 8 of the
GDP subject to minor adjustment during site plan review with approval of the
Director of Community Development and Planning. Tree management plan
requirements (to include a tree assessment prepared by a certified arborist retained
by the Applicant) will be met in conjunction with site plan approval and during
construction. Specifically:
a. The Applicant shall take necessary steps and actions to ensure the long term
survival, and continuing structural integrity and health of trees designated on sheet
8, tree preservation plan of the GDP to be preserved on site. The landscape plan
submitted as part of the subdivision/site plan shall conform to the GDP. Minor
modifications may be permitted to the extent that these do not change the
designation of the individual trees to be preserved or result in significant physical
impacts to the areas outside the limits of clearing and grading shown on the GDP.
b. Prior to subdivision/site plan submission the Applicant shall retain the services
of a certified arborist to review the impact of proposed site grading on the trees to
be preserved and on nearby off-site trees that may be impacted by site development.
The certified arborist shall prepare a Tree Management Plan specifying preservation
practices to be used to maximize chances of tree survival, such as crown pruning,
root pruning, mulching, fertilization and others as necessary and identifying any
new trees that in the arborist's professional judgment would become hazardous in
the new setting and should be removed. The Tree Management Plan shall be
incorporated into the subdivision/site plan for review and approval.
c. All trees designated to be preserved shall be protected by tree protection
fencing. Tree protection fencing shall consist of 4-foot high, 14 gauge welded wire
attached to six (6) foot posts driven eighteen (18) inches into the ground and shall
be shown on the subdivision/site plan. All tree protection fencing shall be installed
prior to any site clearing and grading activities. The installation of all tree
protection fencing shall be performed under the supervision of a certified arborist or
landscape architect and accomplished in a manner that does not harm existing
vegetation.
d. At the time of bond release, the trees will be inspected by the City and a
certified arborist retained by the Applicant. Should any existing individual tree
shown for preservation not survive due to the impact of construction, the Applicant
shall replace such trees as follows:
• For a tree up to five (5) inches in caliper failing to survive, one (1) tree with a
caliper of not less than 3 1/2 inches shall be provided;
• For a tree between five (5) and sixteen (16) inches in caliper failing to survive,
two (2) trees with a caliper of not less than 3 1/2 inches shall be provided;
W B L\D0233.9.MW 6264 2
MIL
• For a tree with a caliper of sixteen (16) inches or greater failing to survive, three
(3) trees with a caliper of not less than 3 `h inches shall be provided;
• In general, the replacement trees shall be the same species of the failing tree
except that the Applicant may substitute trees of different species with the advice
and consent of the Zoning Administrator.
4. ARCHITECTURAL EXTERIOR DESIGN
The building to be constructed on the Property shall have facades of brick, stone, or
a combination of these materials except for architectural appurtenances. The
architectural design of the proposed building shall generally conform with the
character and quality of the illustrative elevations depicted on sheets A02 and A03
of 8 of the GDP and the architectural rendering prepared by ATALLI Architect,
PLLC. The Applicant reserves the right to modify these elevations and add
additional elevations based on final architectural design subject to approval by the
BAR.
5. PUBLIC IMPROVEMENTS
a. The Applicant shall replace the existing asphalt path with an eight-foot concrete
sidewalk along the Property's Lee Highway frontage as shown in the GDP.
b. The Applicant shall provide street trees along the Lee Highway frontage. If
there is insufficient space in the right-of-way to locate the street trees as
determined by the Director of Public Works, the applicant may locate the street
trees onsite per review and agreement by the Department of Community
Development and Planning. Any such trees planted onsite shall be maintained
by the Applicant.
c. The Applicant shall install acorn style street lighting as shown in the GDP.
6. CONSTRUCTION MANAGEMENT PLAN
Subsequent to rezoning approval but prior to site plan approval, the Applicant
agrees to submit a management plan for approval by the City Manager or his
designee for construction which will include the following information:
a. Hours of operation;
b. Truck routes to and from entrances;
c. Location of parking areas for construction employees;
d. Truck staging and cleaning areas;
e. Storage areas;
WBL\D0233.9.MW.6264 3
f. Fencing details;
g. Trailer and sanitary facility locations;
h. Traffic control measures; and
i. Maintenance of entrances.
The Applicant shall provide cash,bond or letter of credit in the amount of$20,000
to provide for any damage to the road system fronting the Property due to
construction traffic. A joint inspection with the DPW of the condition of such roads
shall be made prior to the start of construction.
The Applicant shall provide a plan for phased construction of the development one
month prior to beginning construction to include the timetable for public and site
improvements and plans for any ancillary facilities such as sales or construction
trailers.
The Applicant shall identify a person who shall serve as a liaison to the community
throughout the duration of construction. The name and telephone number of this
individual shall be provided in writing to the residents and business owners abutting
the site, and to the City of Fairfax's Department of Community Development and
Planning.
Construction activity shall be limited from 7:00 a.m. to 6:00 p.m. weekdays and
8:30 a.m. to 5:00 p.m. Saturdays. No construction activity shall take place on
Sundays.
7. STORMWATER MANAGEMENT
Stormwater management shall be designed in accordance with 4VAC50-60-62
through 4VAC50-60-92.
8. FUTURE INTERPARCEL CONNECTION
The Applicant shall provide for interparcel access and easement with the adjacent
properties to the south in a location to be determined in consultation with the
adjacent property owners/assigns and City staff at such time as either the adjacent
properties redevelop and/or the City Council determines such access is necessary.
9. GREEN BUILDING PRACTICES
A. Specific Credits. The Applicant will include, as part of the site plan
submission and building plan submission, a list of specific credits within the most
current version of the U. S. Green Building Council's Leadership in Energy and
W BL\D0233.9.MW 6264 4
r
Environmental Design—Core and Shell rating system (LEED®-CS) rating system,
or other LEED rating system determined to be applicable to the building(s) by the
U. S. Green Building Council (USGBC), that the Applicant anticipates attaining. A
LEED-accredited professional (LEED-AP) who is also a professional engineer or
licensed architect will provide certification statements at both the time of the site
plan review and the time of building plan review confirming that the items on the
list will meet at least the minimum number of credits necessary to attain LEED
certification of the project.
B. Team Member. In addition, prior to site plan approval, the Applicant will
designate the City Sustainability Coordinator as a team member in the USGBC's
LEED Online system. This team member will have privileges to review the project
status and monitor the progress of all documents submitted by the project team, but
will not be assigned responsibility for any LEED credits and will not be provided
with the authority to modify any documentation or paperwork.
C. Green Building Escrow. As an alternative to the actions outlined in the
above paragraphs, or if the Applicant fails to attain LEED precertification prior to
building plan approval, the Applicant will post, for the building, a "green building
escrow," in the form or cash or a letter of credit from a financial institution
acceptable in the amount of($2/sq.ft.). This escrow will be in addition to and
separate from other bond requirements and will be released upon demonstration of
attainment of certification, by the U. S. Green Building Council, under the most
current version of the LEED-CS rating system or other LEED rating system
determined, by the U. S. Green Building Council, to be applicable to the building.
The provision to the Department of Community Development and Planning of
documentation from the U. S. Green Building Council that the building has attained
LEED certification will be sufficient to satisfy this commitment.
D. Escrow Release. If the Applicant provides to Department of Community
Development and Planning, within one year of issuance of the final RUP/non-RUP
for the building, documentation demonstrating that LEED certification for the
building has not been attained but that the building has been determined by the U.
S. Green Building Council to fall within three points of attainment of LEED
certification, 50% of the escrow will be released to the Applicant; the other 50%
will be released to City of Fairfax and will be posted to a fund within the City
budget supporting implementation of City environmental initiatives.
E. Escrow Forfeit. If the Applicant fails to provide, within one year of
issuance of the final RUP/non-RUP for the building, documentation to the
Department of Community Development and Planning, demonstrating attainment
of LEED certification or demonstrating that the building has fallen short of LEED
certification by three points or less, the entirety of the escrow for the building will
be released to City of Fairfax and will be posted to a fund within the City budget
supporting implementation of City environmental initiatives.
WBLD0233.9.MW.6264 5
F. Extension of Escrow Period. If the Applicant provides documentation from the
USGBC demonstrating, to the satisfaction of the Department of Community
Development and Planning, that USGBC completion of the review of the LEED
certification application has been delayed through no fault of the Applicant, the
Applicant's contractors or subcontractors, the time frame may be extended as
determined appropriate by the Director of Community Development and Planning,
and no release of escrowed funds shall be made to the Applicant or to the City during
the extension.
10. SUCCESSORS AND ASSIGNS
The Applicant, for itself, its successors and assigns, agrees that these proffers shall
bind the future development of the Property, unless modified, waived or rescinded
in the future by the City Council in accordance with applicable City of Fairfax and
Commonwealth of Virginia statutory procedures.
[SIGNATURE APPEARS ON THE FOLLOWING PAGE]
W BUD0233.9.M W.6264 6
Applicant:
Fairfax Plaza LLC _
By /(
Name: Me •i .arbaz
Title: Ma :_ing Member
WBL\D0233.8.MW.6264
7