19980623 1998-16ORDINANCE NO. 1998- 16
AN ORDINANCE TO ADD SECTION 26-202(d), DIVISION 1, ARTICLE XVIII,
CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX , VIRGINIA TO
ESTABLISH THE BLENHEIM HISTORIC DISTRICT AND TO ADD SECTIONS
26-209.9, 26-209.10, 26-209.11, 26-209.12, AND 26-209.13, DIVISION 4, ARTICLE
XVIII TO ESTABLISH THE BLENHEIM HISTORIC DISTRICT REGULATIONS FOR
THE PREMISES KNOWN AS 3610 OLD LEE HIGHWAY, AND MORE
PARTICULARLY DESCRIBED AS TAX MAP PARCEL 57-2-((2))-190.
WHEREAS, the Blenheim property located at 3610 Old Lee Highway, and more
particularly described as tax map parcel 57-2-((2))-190, is a significant historical resource;
and
WHEREAS, the City seeks to protect against destruction of or encroachment upon historic
areas; to encourage uses that will lead to their continuance, conservation and improvement
in a manner appropriate to the preservation of the cultural, social, economic, political and
architectural heritage of the City; and to promote the general welfare, education and
recreational pleasure of the inhabitants of the City of Fairfax; and
WHEREAS, the property meets the criteria for historic district designation established in
City Code Section 26-202;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia that Section 26-202(d), Division 1, Article XVIII of Chapter 26 of the Code of the
City of Fairfax, Virginia is hereby added to read in its entirety as follows:
"(d) Blenheim Historic District. There is hereby created in the City an historic
overlay district to be known as the "Blenheim Historic District," the boundaries of
which are set forth on the city's official zoning map."
BE IT FURTHER ORDAINED that the Blenheim Historic District is the property
described as Tax Map Parcel 57-2-((2))-190.
BE IT STILL FURTHER ORDAINED that the remaining subsections of the Section 26-
202 hereby amended shall continue to read as previously enacted.
BE IT STILL FURTHER ORDAINED that a new Division 4, Article XVIII of Chapter 26
of the Code of the City of Fairfax, Virginia is hereby added to read in its entirety as
follows:
"Division 4. Blenheim Historic District Regulations
Sec. 26-209.9. Permitted uses; by right and with special use permit.
(a) All uses permitted by right and as permitted by special use permit in the underlying
zoning district, except electric transformers and substations and telephone repeater
stations.
(b) Museums and interpretive centers and uses and structures accessory thereto shall be
permitted by right.
(c) Temporary uses sponsored by the City, as approved by the City Manager, shall be
permitted by right.
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1998-16
(d) Uses not permitted by the underlying zoning may be permitted with a temporary
special use permit issued by City Council, pursuant to the procedures and limitations set
forth in Sec. 26-103, provided that:
(1) Such use is sponsored by a nonprofit organization to promote tourism,
economic development, or education; and
(2) Such use will generate no cost to the City for necessary public services such as,
but not limited to, traffic management, crowd control, or litter disposal, unless
waived by City Council; and
(3) The applicant submits to the Zoning Administrator a plan containing sufficient
information, as determined by the Zoning Administrator, to verify compliance
with the requirements for a temporary use permit and other applicable City
Code regulations and policies. Such plan shall include the method and
schedule of traffic management, crowd control, and clean-up; and
(4) Such plan is approved by the City Council. If deemed necessary by City
Council, a bond may be required to ensure compliance with the plan.
Sec. 26-209.10. District regulations.
Structures and premises located within the district shall be subject to the provisions of this
chapter, including the land use and development regulations of the underlying zoning
district, except to the extent that those regulations are modified by the provisions of this
article. Notwithstanding any conflicting provisions of City Code Chapter 26, Article
XVIII, Historic Overlay Districts, the Blenheim mansion shall not be razed or demolished.
Where the provisions of this division conflict with any other provision of this chapter, the
provisions of this division shall prevail.
Sec. 26-209.11. Bulk and lot area requirements.
(a) Bulk and lot area requirements shall be the same as those of the underlying zoning
district.
(b)
Special exceptions: Upon the application of the owner or contract purchaser for a
special exception, the City Council may modify the requirements of this section in
accordance with the procedures and limitations set forth for special use permits and
special exceptions in Sec. 26-103.3 after consideration of the special development
requirements set forth in Section 26-209.12 and the special design requirements and
criteria set forth in Sec. 26-209.13; provided, however, that prior to consideration by
Council a request for a special exception shall be forwarded to the BAR for review and
recommendation to the City Council.
Sec. 26-209.12. Special development requirements.
Applications for development of this property shall require submission of archaeological
and/or architectural assessments and plans as detailed below.
(a) Archaeological Study and Plan
(1) Archaeological studies and archaeological resource conservation plans shall be
prepared by a qualified archaeologist or historian in conformity with
professionally recognized standards for cultural resource management.
(2) The applicant or authorized agent thereof shall confer with the director of the
Department of Community Development and Planning prior to preparing any
submission to define and agree upon guidelines for such study and plan.
(3) Such archaeological study shall include a detailed evaluation of the significance
of the study area, including but not limited to reasonable measures for historic
research, archaeological surveys, and test excavations.
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(4) Such archaeological resource conservation plans shall include reasonable
measures for the study and preservation of archaeological resources found
within the proposed development area, including but not limited to, test and
full-scale excavations, site construction monitoring, field recording,
photography, laboratory analysis, conservation of organic and metal artifacts,
curation of the collection, and preparation of studies.
(5) Such archaeological resource conservation plans may also provide reasonable
measures for further archaeological study, restoration, reconstruction, or
disposition of recovered artifacts to an appropriate public or private collection
museum, and in sim preservation of archaeological resources found within the
site plan area.
(6) Such archaeological studies and resource conservation plans shall be reviewed
and approved, disapproved, or approved with modifications or conditions as
part of the development review process.
(c) Architectural Assessment and Plan
(1) Architectural assessments and restoration plans shall be prepared by a
qualified architect or engineer in conformity with professionally recognized
standards for architectural documentation.
(2) The applicant or authorized agent thereof shall confer with the director of the
Department of Community Development and Planning prior to preparing any
submission to define and agree upon guidelines for such assessment and plan.
(3) Such architectural assessments shall be based on physical examination and
documentary research to determine:
(i) architectural significance of the property when evaluated within the historic
context of the site;
(ii) design and construction features that make the property important; and
(iii) integrity of the site with regard to the design, setting, workmanship, and
materials used for construction.
(4) Restoration plans shall include reasonable measures for the study and
preservation of architectural resources found within the application area.
(5) Assessments and plans shall be reviewed and approved, disapproved, or
approved with modifications or conditions as part of the development review
process.
Sec. 26-209.13. Special design requirements.
Each structure or improvement erected, enlarged, or reconstructed in the district shall be
designed and constructed in a manner that will complement the unique character and
atmosphere of the district with respect to building size, scale, placement, design and the
use of materials. Improvements within this district shall be subject to the review and
approval of the BAR for consistency with the aforementioned standards, the City's
comprehensive plan, and the community appearance plan.
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The Zoning Administrator of the City is hereby directed to modify the Zoning Map to
show the Blenheim Historic District as described above and the Clerk of the Council is
directed to transmit duly certified copies of this ordinance to the Zoning Administrator and
the Planning Commission of this City as soon as possible.
This ordinance shall become effective as provided by law.
Planning Commission/City Council Joint Public Heating: June 23, 1998
Adopted: June 23, 1998 ' -
~Mayor
Attest:
Date
The motion to adopt the ordinance was approved .4-0-1.
Councilman Coughlan
Councilman Greenfield
Councilman Lyman
Councilman Mershon
Councilman Rasmussen
Councilman Silverthorne
yote
Yes
Yes
Absent
Yes
Abstain
Yes