2015-28ORDINANCE NO. 2015-28
AN ORDINANCE AMENDING CHAPTER 110, ARTICLE XI, SECTION 110-701,
704, 705, 706 AND 711 TO ALLOW CERTAIN SPECIAL EXCEPTIONS IN THE
COMMERCIAL PLANNED DEVELOPMENT DISTRICT.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter
110, Article XI, of the Code of the City of Fairfax, is hereby amended as follows:
Sec. 110-701. -Permitted uses—By right.
The following uses are permitted by right in the CPD commercial planned development
district:
(1) Residential.
a. Single-family dwellings;
b. Semidetached dwellings;
e. ApaftmefAs and apaFtmepA ;
c. Multifamily dwellings:
d. Retirement homes:
e. Accessory recreational facilities.
df. Townhouses;
eg. Rental or leasing of single-family dwellings for occupancy by persons who are
not the owners, provided that the property owner shall have obtained a certificate
of occupancy for rental use from the zoning administrator pursuant to section
110-367
th. Home telecommuting;
gi. Minor home occupations;
hi. Child care, home facilities (up to five children).
(2) Commercial.
a. Office buildings;
b. Banks savings and loan associations, and other financial institutions;
c. Retail establishments for the sale of works of art, art supplies, electrical goods
and supplies, food and food products, furniture, decorator supplies, hardware,
luggage and leather goods, optical goods, pets and pet supplies, garden supplies,
electronics and phonograph equipment, books, tobacco, confections, drugs,
jewelry, music, stationery, toys, newspapers and magazines, office supplies and
equipment, medical supplies, clothing and dry goods, flowers and similar goods
and products;
d. Establishments for the sale or repair or both of household appliances, musical
instruments and sporting goods, not including sale or repair of major motorized
equipment;
e. Barbershops and beauty parlors, shoe repair and polishing shops, tailor shops,
laundromats and establishments for receiving and distributing articles for
laundering or cleaning;
f. Cleaning and pressing establishments having not more than four pressing
machines and one dry cleaning unit, with a capacity not exceeding 50 pounds
using noninflammable synthetic cleaning fluid and one shirt pressing unit;
g. Restaurants; fast-food restaurants meeting the criteria established in subsection
110-781(8);
h. Schools of special instruction not including public dance halls and riding schools;
i. Private clubs;
j. Schools of general instruction complying with the provisions of article II,
division 9;
k. Movie theaters and bowling alleys;
1. Hotels;
m. Electric transformers and substations;
n. Telephone repeater stations;
o. Nursing homes and funeral homes;
p. Inns;
q. Satellite telecommuting center;
r. Specialty food establishments;
s. Child care, centers complying with section 110-240
(3) Other.
a. Churches;
b. Governmental use, excluding property yards and repair facilities.
Sec. 110-702. - Same—With special use permit.
The following uses may be permitted in the CPD commercial planned development
district subject to securing a special use permit in accordance with article II, division 13 of
this chapter:
(1) Residential.
a. Major home occupations; provided, that there are no displays or advertisements;
b. Nursery schools complying with the provisions of article II, division 9;
c. Child care, home facilities (six to 12 children) complying with section 110-240
d. Child care, occasional complying with section 110-240
(2) Commercial.
a. Commercial recreational uses, including but not limited to, miniature golf
courses, indoor and outdoor tennis courts, golf driving ranges, ice skating rinks,
roller skating rinks, bowling alleys and billiard parlors;
b. Theaters other than movie theaters;
c. Dancing areas; provided, that such areas, together with any entertainment and
ancillary amusement machine use, shall not exceed 25 percent of the gross floor
area of the restaurant;
d. Entertainment; provided, that such entertainment, together with any dancing area
and ancillary amusement machine use, shall not exceed 25 percent of the gross
floor area of the restaurant;
e. Day camps complying with section 110-240
f. Child care, occasional complying with section 110-240
g. Extended -stay hotels;
h. Medical care facility, provided that:
1. A copy of the facility's State Board of Health or State Hospital Board license
or application for license, if required to obtain such license, shall be
submitted with the application for a special use permit.
2. Documentation showing the maximum number of beds and maximum
number of patients, employees, staff members, contractors, visitors, and
volunteers on-site at any one time shall be submitted with the application for
a special use permit.
(3) Telecommunications facilities that, together with the structures on which they are
mounted, exceed 65 feet in height, subject to meeting the policy guidance, criteria and
standards set forth in subsection 110-35(c).
Sec. 110-703. - Uses prohibited.
All uses not specifically permitted in the CPD commercial planned development district
are prohibited.
Sec. 110-704. - Area, setback, height, density and floor area ratio.
Area, setback, height, density and floor area ratio requirements in the CPD commercial
planned development district shall be as follows:
(1) Area. Area, which shall be one acre or more, provided that the area is appropriate for
commercial planned development as outlined in section 110-707. The gross area
proposed for development in any CPD district shall be shown on the preliminary site
plan;
(2) Building restriction line (brl).
a. Front. Twenty -five-foot setback except that on a street which has a right-of-way
of less than 50 feet the brl shall be 50 feet from the established centerline;
b. On corner lots the brl shall apply to all streets and the side setback shall be
applied to the remaining property lines;
c. Within the building restriction areas in commercial and industrial districts or
within 25 feet from the right-of-way line of properties within such districts,
whichever is less, no fence, wall, structure, automobile parking area, unloading
area or other impervious area except permitted signs, sidewalks, driveways for
ingress and egress shall be permitted nor shall any merchandise be displayed.
Such building restriction areas shall be landscaped pursuant to a plan approved
by the planning director. No building need be set back more than the average
setbacks of the buildings within 100 feet on either side.
(3) Setbacks.
a. Side. None; except where contiguous to residential property where a 25 -foot
setback is required.
b. Rear. None; except where contiguous to residential property where a 25 -foot
setback is required.
(4) Maximum height.
a. No wall of any structure shall be exposed more than six stories but in no event
shall the height of any building exceed 60 feet measured on all exposed external
walls;
b. Any mechanical equipment placed outside any building must be adequately
screened to harmonize with the general appearance and character of the building.
(5) Density.
a. Residential. The maximum residential density, which shall not in any event
exceed four dwelling units per gross acre, shall be determined in accordance with
standards contained in section 110-707 and shall be computed on the preliminary
site plan. Residential uses in a commercial planned development may be waived
by the city council, provided the city council finds that such waiver would be
beneficial to the city and to the developer.
b. Commercial. There shall be required in every CPD district a minimum of 1,000
square feet of commercial gross floor area for each dwelling unit.
(6) Floor area ratio. The maximum gross floor area of all structures, not including
enclosed parking structures, which shall not in any event exceed one square foot of
floor area for each gross square foot of land within any CPD district as shown on the
preliminary site plan, shall be determined in accordance with standards contained in
section 110-707 and shall be computed on the preliminary site plan.
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Sec. 110-705. - Parking requirements.
(a) Parking requirements in the CPD commercial planned development district shall be as
follows:
(1) Residential. Two parking spaces per dwelling unit;
(2) Office facilities. One parking space for every 300 square feet of gross floor area
of office facilities;
(3) Places of public assembly. One parking space for every four seats based on
maximum seating capacity;
(4) Other. As provided in section 110-155
(5) Hotels and extended -stay hotels. One space per guest room. Restaurants and
similar ancillary uses within such facilities that are open to the general public
shall provide additional parking appurtenant to such uses at one parking space for
every 200 square feet of gross floor area.
(b) Compliance with parking requirements shall be shown by computations on the
preliminary site plan. In approving such plan the city council may permit a reduction
in parking requirements -not exceeding ten toren -five percent of the total parking.
Sec. 110-706. - Procedures.
(a) Preliminary submission. A potential applicant who wishes to apply for change of
zoning of property to the CPD district may in advance of filing an official application
submit a general development plan to the director and request a hearing before a joint
public meeting of the city council and the planning commission for the purpose of
guidance and comment concerning proposed development. No official action shall be
taken by either the planning commission or the city council at such meeting and no
commitments shall be made by the city or any agency thereof at such meeting.
(b) Official submission. In addition to the general filing requirements for all applications
for change of zoning the applicant shall submit with his application for change of
zoning of land to the CPD district a general development plan and a preliminary site
plan.
(c) General development plan. A general development plan may be general in nature and
schematic in form but must show the following:
(1) Proposed land use in each of the following categories: apartments and
apartment houses, commercial offices, other commercial public use, open
space, and other uses;
(2) General building locations, suggested height of buildings, estimated number
of dwelling units, estimated gross square feet of commercial uses;
(3) Proposed traffic circulation;
(4) Proposed schedule of development;
(5) Proposed number of residents, school children, estimated vehicles per 24
hours, estimated cost -sales price of dwelling units, estimated rental per
square foot of commercial, and any other pertinent information dealing with
the economic feasibility of the proposed site.
(d) Preliminary site plan. A preliminary site plan shall include the following information:
(1) Total area;
(2) Gross area proposed for residential uses and total number of proposed
dwelling units;
(3) Gross floor area of all structures and floor area ratio;
(4) Proposed locations of all buildings;
(5) Proposed use of all structures;
(6) Proposed setbacks from all property lines and from all nonresidential
structures to the nearest residential structure;
(7) Proposed height of all structures within the proposed development;
(8) Proposed coverage;
(9) Proposed residential density per gross acre;
(10) Proposed number of parking spaces and location of parking areas;
(11) Proposed methods of landscaping and screening;
(12) Proposed methods of internal circulation, ingress and egress;
(13) Existing contours as established by National Oceanic and Atmospheric
Administration (USC&GS);
(14) Proposed improvements to adjacent public streets;
(15) All pedestrian walkways;
(16) Proposed common open space;
(17) Proposed gross floor area of all commercial development;
(18) A study of anticipated cost to the city to maintain and service the uses in the
area to be developed. Such study shall substantially conform to and provide
information according to the guidelines adopted from time to time by the
city council. The guidelines shall be made available to the applicant at the
office of the director of public works;
(19) A development schedule showing the stages of development if required.
(e) Review and approval of preliminary site plan.
(1) Upon determination by the zoning administrator that the content of the
preliminary site plan is complete in accordance with the above requirements,
the plan and application shall be submitted to the planning commission.
(2) The planning commission shall promptly consider the preliminary site plan
and the rezoning application, inclusive of the General Development Plan,
and hold a public hearing thereon in accordance with the standards set forth
in this article and in accordance with the provisions contained in Code of
Virginia, § 15.2-2280 et seq.
(3) Within 90 days of receipt by the planning commission of the preliminary
site plan and application for rezoning, the planning commission will transmit
the plan and application to the city council together with its
recommendations as to approval, approval with modification, or disapproval
of such plan.
(4) The city council shall consider the preliminary site plan and application for
rezoning and hold a public hearing thereon in accordance with the standards
set forth in this article and in accordance with the provisions contained in
Code of Virginia, § 15.2-2280 et seq.
(5) The city council shall approve, approve with modifications, or disapprove
the preliminary site plan and application for rezoning within 30 days after a
public hearing thereon, upon determination that such plan complies with the
standards set forth in this article. In approving a plan, the city council may
establish such conditions and may require such modifications as shall ensure
compliance with such standards and regulations. If a preliminary site plan
shall be disapproved by the city council, the application for rezoning shall be
deemed to be denied.
(6) If a preliminary site plan shall be approved with modifications by the city
council, the council may continue the public hearing on the rezoning
application to a date certain in order to permit the applicant to modify the
development plan in accordance with such modifications.
(f) Procedure for final site plans. Approval of the preliminary site plan and the
application for rezoning shall constitute authority for the applicant to prepare final site
plans in accordance with the standards contained in section 110-60514, and in
conformity with the approved preliminary site plan. Approval of such final site plans
shall be in accordance with sections 110-103 through 110-110, except as follows:
(1) Separate final site plans shall be submitted for each development stage or
unit as set forth in the approved preliminary site plan;
(2) A final site plan for a particular development stage or unit other than the
first, shall not be approved until the final site plan has been approved for the
immediately preceding stage or unit;
(3) Minor deviations from the preliminary site plan shall be permitted in the
final site plan when the director of public works determines that such are
necessary due to requirements of topography, drainage, structural safety or
vehicular circulation, and such deviations will not materially alter the
character of the approved preliminary site plan including the proposed
development sequence. In no case shall such deviations include the
elimination of any building shown or the addition of any building not shown
on the approved preliminary site plan. Neither will such deviations increase
the density or alter the height of setback limitations. Any changes not
authorized by this paragraph shall require resubmission of the preliminary
site plan in accordance with the procedures contained in this section;
(4) The final site plan shall be approved within 18 months from the date of
approval of the preliminary site plan. If a final site plan is not approved
within such period, approval of the preliminary site plan, and consequent
authority to submit a site plan, shall terminate and development by the
applicant in accordance with the CPD regulations shall require resubmission
of a preliminary site plan in accordance with the procedures set forth in this
section.
Sec. 110-707. - Standards.
The following standards shall be applied by the planning commission in recommending
and by the city council in considering a preliminary site plan, and by the director of public
works in considering a final site plan:
(1) The plans shall permit commercial development to meet the city's needs in
an organized and orderly manner and shall afford adequate protection to
adjacent and surrounding properties, provide adequate parking and adequate
and safe circulation and ingress and egress, and shall be so designed that
development in accordance therewith will not adversely affect the health,
safety or general welfare of persons residing or working in the neighborhood
of the proposed development, will not be detrimental to the public welfare or
injurious to property or improvements in the neighborhood;
(2) The area included within any single CPD district shall be sufficient in size to
justify planned development of the entire area as a unit in furtherance of the
purposes of this chapter;
(3) The permitted height of buildings and required setbacks from property lines
and required distances between structures within a CPD development shall
be determined in the context of the preliminary site plan as a whole, adjacent
buildings and uses both within and without the district;
(4) Density. The maximum residential density allowed and the maximum square
footage of commercial designated floor space shall be determined in the
context of the plan as a whole, shall not adversely affect adjacent
development and shall be consistent with existing and proposed public
facilities and the other standards contained in this chapter;
(5) Screening. Fences, walls or vegetative screening shall be provided where
necessary to screen improvements, glare, uses or other influences having an
adverse impact either on the commercial planned development or on
adjacent property;
(6) Principal vehicular access to a commercial planned development shall be
from streets and roads capable of supporting existing traffic and the traffic
that will be generated by the commercial planned development. Access
points shall be designed to provide smooth traffic flow, controlled turning
movements, and minimum hazard to vehicular or pedestrian traffic. Merging
and turnout lanes and traffic dividers shall be provided where existing or
anticipated heavy flows of traffic indicate such need;
(7) Pedestrian access shall be arranged so as to provide safe and convenient
routes to, from and within the commercial planned development;
(8) Traffic visibility, both automotive and pedestrian, shall be preserved as
follows: no impediment to visibility between 2'/2 and seven feet above
centerlines grades shall exist at the intersection of any street or road within a
commercial planned development or at its perimeter within a triangle
beginning at the intersection of right-of-way edges (projected if round
corners exist), thence 25 feet along such edges, thence along the line
connecting those two points;
(9) Within a commercial planned development, streets, roads, driveways and
parking, loading and service areas shall be designed so as to provide safe
and convenient vehicular access to all uses and facilities;
(10) The developer shall provide for and establish an organization or other legal
entity for the perpetual ownership and maintenance of any common areas
designated on the preliminary site plan. Such organization shall be created
by covenants running with the land, and such covenants shall be included as
part of the final site plan and subject to approval by the city attorney and the
city council;
(11) Where several parcels of land in the same ownership or land in different
ownerships is shown on a preliminary site plan adequate assurances,
including, if necessary, covenants running with the land, shall be provided to
ensure that the parcels shown will be developed.
Sec. 110-708. - Subdivision.
Nothing in this article shall prohibit the subdivision of land within a CPD district for
purpose of deed of trust or sale; provided, however, that any owner proposing to subdivide
shall satisfy the city council that such subdivision will not violate any of the standards
contained in this chapter, and shall submit documents with the preliminary subdivision plat
assuring the continued common use of all parking or other areas shown on the preliminary site
plan for such uses, which documents shall be approved by the city attorney and recorded
among the land records of the county at the same time the approved subdivision plat is
recorded.
Sec. 110-709. - Improvements.
All uses permitted by right or with a special use permit in the CPD commercial planned
development district are subject to the installation of curbs, gutters, storm drainage structures,
sidewalks, entrances and exits, and approval thereof by the director of public works.
Sec. 110-710. - Variance.
Where by reason of exceptional shape or area, exceptional topographic conditions,
conditions created by a condemnation, or other extraordinary or exceptional situation or
condition, wherein the application of any requirement of this chapter would result in peculiar
and exceptional practical difficulty or hardship upon the developer or owner of such property,
the planning commission may recommend and the city council shall have the power to grant a
variance from any requirement of this chapter so as to relieve such difficulties or hardships,
provided such relief can be granted without substantially impairing the intent and purpose of
this chapter. The board of zoning appeals shall have no authority to vary the provisions of this
chapter as they relate to the CPD district.
Secs. 110-712-110-730. - Reserved.
This ordinance shall be effective as provided by law.
City Council hearing: June 23, 2015
Adopted: June 23, 2015
This ordinance shall become effective as provided by law.
Mayor
7191Ir
S
Date
ATTEST:
City Clerk
. . . . . . . . . . . . . .
IN 'NOW
Secs. 110-712-110-730. - Reserved.
This ordinance shall be effective as provided by law.
City Council hearing: June 23, 2015
Adopted: June 23, 2015
This ordinance shall become effective as provided by law.
Mayor
7191Ir
S
Date
ATTEST:
City Clerk
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