19940614 1994-12ORDINANCE NO. 1994-
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE CITY OF FAIRFAX, VIRGINIA BY AMENDING THE ZONING MAP
TO RECLASSIFY FROM C-2 and I-1 TO C-2 (COMMERCIAL RETAIL) WITH
PROFFERS PROPERTY IDENTIFIED AS A PORTION OF CITY OF FAIRFAX
TAX MAP PARCEL 4%4-((2))-4 AND A PORTION OF TAX MAP PARCEL 47-4-
((2))-2B.
WHEREAS, Parkwood Corporation submitted application No. Z-756-94-1
requesting a change in the zoning map classification from C-2 and I-1 to C-2(p)
for the tax map parcels identified above, and more specifically described as
follows:
Beginning at a point on the proposed north side of Lee Highway (Route 50), said
point being North 03 degrees 14 minutes 31 seconds east 2.90 feet from the S.W.
corner of the Robert E. Stafford property and the existing north side of Lee
Highway.
Thence with the proposed north right-of-way line of Lee Highway (Route 50) the
following courses:
South 75 degrees 56 minutes 49 second west 77.64 feet to a point,
South 76 degrees 02 minutes 29 second west 99.08 feet to a point.
Thence departing the proposed north right-of-way line of Lee Highway and
running through the land of Fairfax Land Assoc. Limited Partnership the
following courses:
North 07 degrees 48 minutes 51 seconds west 116.45 feet to a point
North 54 degrees 46 minutes 51 seconds west 36.04 feet to a point
North 41 degrees 03 minutes 04 seconds west 41.77 feet to a point
North 33 degrees 27 minutes 41 seconds west 42.46 feet to a point
North 51 degrees 51 minutes 43
North 41 degrees 30 minutes 51
North 11 degrees 20 minutes 46
North 76 degrees 53 minutes 49
in the line of Stafford.
seconds west 85.52 feet to a point
seconds west 25.69 feet to a point
seconds west 19.79 feet to a point
seconds west 34.44 feet to a point
Thence with the western line of Stafford South 03 degrees 14 minutes 31 seconds
west 260.00 feet to the point and place of beginning and containing 0.8305 acres
of land more or less all as shown on a plat of rezoning and street dedication by
Harold A. Logan Assoc., P.C. dated February 17, 1994.
and
Beginning at a point on the proposed north side of Lee Highway (Route 50), said
point being North 03 degrees 14 minutes 31 seconds East 2.90 feet from the
southeast corner of the Fairfax Land Assoc. Ltd. partnership and the existing
north side of Lee Highway.
Thence departing the proposed north side of Lee highway and running with the
eastern property line of the Fairfax Land Assoc. Ltd. Partnership North 03
degrees 14 minutes 31 seconds East 260.00 feet to a point.
Thence departing the eastern property line of the Fairfax Land Assoc. Ltd.
Partnership and running through the land of Stafford the following courses:
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North 76 degrees
North 17 degrees
North 66 degrees
North 75 degrees
North 71 degrees
North 84 degrees
North 81 degrees
North 73 degrees
North 53 degrees
53 minutes 49 seconds East 201.59 feet to a point
33 minutes 09 seconds East 44.44 feet to a point
45 minutes 15 seconds East 84.83 feet to a point
59 minutes 30 seconds East 51.17 feet to a point
41 minutes 51 seconds East 70.97 feet to a point
09 minutes 38 seconds East 128.57 feet to a point
48 minutes 18 seconds East 36.07 feet to a point
13 minutes 09 seconds East 96.14 feet to a point
46 minutes 42 seconds East 34.57 feet to a point
North 75 degrees 53 minutes 55 seconds East 38.00 feet to a point
South 14 degrees 06 minutes 05 seconds East 153.59 feet to a point
South 75 degrees 53 minutes 55 seconds East 27.16 feet to a point
South 14 degrees 06 minutes 05 seconds East 144.15 feet to a point
on the proposed north side of the aforementioned Lee Highway (Route 50).
Thence with the proposed north side of Lee Highway South 75 degrees 59
minutes 30 seconds West 810.11 feet to the point and place of beginning and
containing 4.9895 acres of land more or less all as shown on a plat of street
dedication, vacation and rezoning by Harold A. Logan Assoc., P.C. and dated
February 4, 1994; 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 rezoning is in the
interest of the public welfare and good zoning practice and in accordance with
the Comprehensive Plan as well as the pertinent provisions set forth in the Code
of Virginia and the Code of the Ci,ty of Fairfax;
NOW, THEREFORE BE IT ORDAINED, that the above described property be
rezoned from C-2 and I-1 to C-2(p) and the general development plan and
application package be approved subject to the following reasonable conditions
authorized by City Code Section 26-143, which are proffered by the property
owner:
1. Commercial Recreation Use: The Property shall be developed as a
Family Entertainment Center (commercial recreational use) providing recreation
and entertainment through multi-generational activities and games in substantial
conformance with the Generalized Development Plan ("GDP") dated May 25,
1994, prepared by Harold A. Logan - Associates P.C. It shall be built with high
aesthetic quality and shall be well maintained.
2. Limits of Clearing and Grading: The Applicant shall conform to the
limits of clearing and grading shown on the GDP, subject to modification for the
installation of utility lines, if necessary, as approved by the City, and that clearing
and grading necessary to build the picnic pavilions. The Applicant may clear
noxious weeds, bushes, undergrowth and saplings in the picnic area and banks.
3. Stormwater Management: The Applicant shall provide stormwater
management facilities (SWM) for the Property on-site and off-site in conformance
with the requirements of the Chesapeake Bay Preservation Division of the
Zoning Ordinance.
4. Road Improvements and Pedestrian/Bike Trail: As shown on the GDP,
right-of-way to conform with the current Virginia Department of Transportation
(VDOT) approved plans to widen Route 50 to a six (6) lane configuration shall be
dedicated by the Applicant and Owners to the Virginia Department of
Transportation upon approval of the final site plan. The Applicant shall
construct, subject to City approval, a right-turn lane into the site and an
acceleration lane as shown on the GDP. The Applicant shall also construct left-
turn lanes in the existing islands in Route 50 as shown on the GDP, subject to
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City approval. In addition, an eight (8) foot wide trail (a combination of
pedestrian sidewalk and bicycle path) shall be constructed by the Applicant
along Route 50 for the length of the frontage of the Property as shown on Exhibit
"B" to the GDP, dated May 12, 1994, titled "Trail Exhibit", subject to engineering
for location.
5. Landsc~: A Landscape Plan shall be prepared and Landscaping
shall be provided by the Applicant that complies with the Community
Appearance Plan, subject to approval by the Board of Architectural Review
("BAR"). Parking lot landscaping shall satisfy both the City Zoning Ordinance
requirements and the Community Appearance Plan.
6. Screening at Rt. 50: The Landscape Plan shall provide for screening
along the Rt. 50 frontage, consistent with the goals of the Community
Appearance Plan and the requirements of the Zoning Ordinance, and subject to
BAR approval.
7. Signs: Subject to the approval of the submitted Special use Permit
Application, signs may be provided in the areas identified on the GDP for a
freestanding entrance sign and generally in the spaces shown on the elevation of
the clubhouse. The final design of such signs shall be as approved by the Board
of Architectural Review and shall conform to the Community Appearance Plan
for the Route 50 corridor. The freestanding ground-mounted entry sign shall be
landscaped pursuant to the Community Appearance Plan. Subject to the
approval of the Special Exception Application, three (3) flagpoles and flags may
be provided as shown on the GDP.
8. Transportation Demand Management ("TDM"): In order to mitigate
transportation impacts of the proposed development, the Applicant shall
implement certain TDM measures. These are:
ao
provide a Public combination pedestrian/bike trail for the
Property's frontage along Route 50 with access into the site to
encourage walk/bike trips to and from the Property as shown on
Exhibit "B";
b. provide secure bike storage racks as shown on the GDP;
c. provide a bulletin board on-site which shall contain Route maps
and schedules for both CUE bus and Metro bus;
d. provide two (2) parking spaces on-site as shown on the GDP for
shuttle buses for company/civic group picnics.
9. Video Games: The area available for video games shall be limited to no
more than twenty-five percent (25%) of the gross floor area of the clubhouse. At
such time as a system rating such games for their violent content is implemented
(and accepted by Congress), all video games shall be boldly marked to indicate
each's appropriate rating. Any and all video games rated in a manner that
prohibits their use by minors because of violent content shall not be allowed in
the facility. In addition, video games that depict blood as a result of an act of
violence shall not be allowed in the facility, regardless of their rating because the
facility is intended to be a Family Entertainment Center.
10. Hours of Operation: Hours of operation shall be Monday through and
including Sunday: 10:00 a.m. to 12:00 a.m. (midnight), except that opening will
be at 9:00 a.m. on Saturday. Those patrons still engaged in miniature golf play in
the evening will be allowed to complete that round, but no additional tickets for
miniature golf will be sold after 11:30 p.m. The batting cage and soccer kick (or
similar games) will close at 10:00 p.m. each day. The picnic pavilions and picnic
area will close at sundown.
1994-12
11. Lighting: Lighting within the parking area, and for activities within
the site will be directional into the site and will be the shoe box design in
accordance with the Community Appearance Plan. The shoe box light shall not
exceed twenty (20) feet in height. The lighting for the miniature golf courses will
be the patented PUTT-PUTT® (or similar) style lights as shown on Exhibit "C"
that are approximately twelve (12) feet tall and focus light on the playing
surfaces. Street lights (acorn style) shall be provided along Rt. 50 for the site's
frontage in accordance with the Community Appearance Plan. Six (6) street
lights (acorn style) shall also be installed on Plantation Parkway in the area
between its intersection with Rt. 50 and a point approximately 650 feet to the
north.
12. Noise: The Family Entertainment Center shall not create objectionable
noise to adjacent residential neighborhoods. A solid sound barrier will be
constructed adjacent to the batting cage. All bumper boats shall be electric.
Small directional speakers not audible off-site may be installed at each miniature
golf hole. The batting cage and soccer kick (or similar activity) will close at 10:00
p.m. daily. The picnic pavilions and picnic area will close at sundown.
13. Security: A closed circuit, TV monitoring system shall be employed to
monitor the site to tie into an internal security system. Management staff hired
will be trained in security. The Activity Area will be fenced with a six (6) foot
decorative security fence as shown on the GDP. In addition, the entire picnic
area will be enclosed by a six (6) foot chain link fence (dark in color), if permitted
by the City. For special events and on an as needed basis, Parkwood shall
provide a parking area monitor to direct parking space use and to assist those
walking through the parking area. The Applicant shall continue to work with the
City of Fairfax Police Department to refine security measures and shall
implement the recommendations of the Police Department.
14. Height: The clubhouse shall not exceed forty (40) feet in height. The
batting cage shall not exceed forty (40) feet in height.
15. Architecture: The clubhouse design shall be as shown conceptually in
the submitted elevations, subject to the Board of Architectural Review approval.
Its design and structure shall be of high quality, and shall be an asset to the
appearance of the Rt. 50 corridor, in furtherance of the goals of the Community
Appearance Plan.
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 conditions, and that 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: dune 13. 1994
City Council Hearing: June 14, 1994
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~Attest: ,