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19890829 1989-35ORDINANCE NO. 1989- 35 AN ORDINANCEAMENDING SECTION 26-6, ARTICLE I, CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO PROCEDURES FOR ACCEPTING PROFFERS. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 26-6, Article I, Chapter 26 of the Code of the city of Fairfax, Virginia, is hereby amended to read in its entirety as follows: "Section 26-6. Procedure for acceptance of proffers. (a) If an applicant for a change of zoning desires to proffer reasonable conditions as permitted herein, then either the proffers or a statement of intent to submit proffers shall accompany the rezoning application. Within sixty (60) days from the date a statement of intent to submit proffers is filed, the applicant may request a conference with the director of community development and planning (director) to discuss the proffers or any other matter relative to the application which is deemed pertinent by the applicant or the director. (b) The applicant shall submit proffers in writing to the director not less than twenty-one (21) calendar days prior to the first public hearing on such application before the planning commission. The director shall file such proffers with the zoning administrator, and the same shall be attached to, and expressly made a part of the application for a change of zoning. In the course of the staff evaluation process, the applicant may change the proffers or submit additional proffers provided that such changes or additions are recommended by the director. Such changes shall be submitted in writing no less than seven (7) calendar days prior to the public hearing before the planning commission, and shall be forwarded to the planning commission for its consideration. All proffers, and any subsequent changes including additions, shall be signed by the applicant and the property owner or owners. (c) At or before the first public hearing before the planning commission, the director shall submit recommendations for proffers and forward to the planning commission such recommendations with the proffers proposed by the applicant. (d) The planning commission may recommend to the city council additional proffers which the commission deems appropriate. (e) Not less than seventeen (17) calendar days prior to the first public hearing before the city council on the subject application, the applicant may submit additional proffers in writing to the director; provided that such additional proffers are among those previously recommended by the director or the planning commission. The director generally shall file such additional proffers in the manner described in subsection (b) above. (f) Prior to the close of the city council's public hearing on the subject application, the applicant may also propose amended proffers or additional proffers, if recommended by the city council. However, if such amendments to the proffers materially alter the application, then such application shall be referred back to the planning commission as provided in (g) below. (g) In the event that the applicant desires to submit additional proffers or amend previously submitted proffers in a 1989-35 -2 manner that will materially alter the application, the application shall be referred to the planning commission for an additional public hearing and recommendation, and thereafter the application shall be considered as provided herein. Costs of additional advertising and expenses of remailing additional notice shall be borne by the applicant. (h) In the event that the city council adopts any such proffers as a part of the enactment of an amendment to the zoning map, the zoning administrator shall indicate the existence of such conditions when amending the zoning map by affixing the suffix "(p)" to the zoning district designated for the subject property in any such amendment to the zoning map (e.g., C-l(p); RT-6(p))." This Ordinance shall be effective as provided by law. PLANNING COMMISSION HEARING: July 10, 1989 CITY COUNCIL HEARING: Auqust 29~ 1989 ADOPTED: Au,qust 29, 1989 ATTEST: ~ C~ty Clerk