19980512 1998-12ORDINANCE NO. 1998-12
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM C-2, RETAIL COMMERCIAL, TO C-3(p),
GENERAL COMMERCIAL WITH PROFFERS, "THE PROPERTY" IDENTIFIED
AS TAX MAP PARCELS 48-3-((2)) 18 AND 19
WHEREAS, Robert C. DeHaven Enterprises, LLC, by Michael J. Giguere, Attorney/Agent,
submitted application No. Z-773-97-1 requesting a change in the zoning classification from
C-2 to C-3(p) for the parcel identified above, and more specifically described as follows:
Beginning at a point marking the intersection of the southerly line of Lee
Highway (Route 29&50) and the westerly line of Park Street; thence with the
westerly line of Park Street S 09° 58' 00" W, 255.82 feet to a point marking
the northeasterly comer of Parcel "A", Great Oaks; thence with the said
Parcel "A" S 87° 43' 00" W, 445.71 feet to a point marking the
southeasterly comer of Lot 6, Section three, Boulevard Courts; thence with
the easterly line of the said Lot 6 N 02° 17' 00" W, 245.00 feet to a point on
the southerly line of Lee Highway; thence with the southerly line of Lee
Highway the following courses: N 87° 43' 00" E, 150.00 feet; N 02° 17'
00"W, 5.00 feet and N 87° 43' 00" E, 350.00 feet to the point of beginning,
containing 2.70 acres of land.
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 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, to C-3(p), General Commercial with proffers.
BE IT FURTHER ORDAINED, that the above described property be subject to the
following reasonable conditions authorized by City Code Section 26-6, which are proffered
by the property owners:
Subject to the proffers and the requirements of the Zoning Ordinance, the
Applicant reserves the right to make minor modifications to the approved
development plan in order to address engineering and architectural issues
at time of final site plan approval, however notwithstanding the above, the
Applicant agrees that the development and the landscaping thereon will
be in substantial conformance with the submitted plat prepared by
Dewberry & Davis and last dated March 6, 1998. As part of site plan
processing, the Applicant will also process to approval a plat of
consolidation on the lots that make up the property. Upon approval, the
Applicant will record said plat of consolidation in the land records of the
Circuit Court of the County of Fairfax.
The architecture of the approved building shall be in substantial
conformance with the architectural renderings prepared by Karl E.
Kohler, Architects dated March 3, 1998, and submitted as part of this
application. The Applicant reserves the right to make reasonable
modifications at the time of site plan and/or building plan review in order
to respond to unforeseen engineering or architectural constraints or
requirements. [As modified by condition (42 below]
1998-12
3. Use of the Property shall be limited to those uses allowed under the C-
3(P) zoning district, except that the following uses shall not be permitted:
A. Fast food restaurants;
B. Commercial parking facilities;
C. Amusement arcades;
D. Convenience stores;
E. Automobile service stations;
F. Motor vehicle repair establishments;
G. Unenclosed motor vehicle storage area;
H. Automobile laundry (car wash); and
I. Motor vehicle sales, rental and leasing establishments that include
unenclosed outside vehicle storage and display areas.
As used hereinabove, the term "unenclosed" shall be deemed to be the
outside storage or display of motor vehicles that is not completely
enclosed on all sides within a roofed building structure. Said structure
shall be permitted to include window areas from which the vehicles may
be seen. Fences, whether chain link, board or board, or fences made of
any materials, shall not be permitted to satisfy the intent of the term
enclosed as used herein.
TRANSPORTATION
The Applicant shall coordinate with the City Department of Public Works
("City") and shall make, at the Applicant's sole cost and expense, those
modifications to the existing traffic signal located at the main access point
to the Property off of Route 29, as approved by VDOT and the City and
as may be necessary to account for trip generation characteristics of the
proposed development of the Property. In addition, at the City's Director
of Public Works' request, the Applicant shall either (1) modify the
existing concrete median on Route 29 at the Property's main entrance to
create a left turn lane to permit westbound traffic to make left tums into
the Property's main entrance; or (2) escrow with the City the cost of such
modification for a period of five (5) years from the date the City issues an
occupancy permit for the proposed building. The City may use said
escrowed sums at any time in the five (5) year period to complete said
modifications. If the City elects not to make, or fails to use, said escrow
to make such modifications within the said five (5) year period, then said
escrowed sums and all interest thereon, if any, shall be immediately
returned to the Applicant. Such modifications shall be at the Applicant's
sole cost and expense. Such modifications shall be subject to the
reasonable approval of the City's Department of Public Works, but as a
minimum shall include a one hundred foot (100') long stacking area and a
fifty foot (50') taper.
Subject to the approval of the City's Department of Public Works, the
Applicant will construct a textured crosswalk made of brick pavers or
other similar materials across Lee Highway at the Subject Property's main
entrance. The timing of said textured crosswalk construction and the
paving materials used for said textured crosswalk shall be acceptable to
the City's Director of Public Works. The width and general design of said
crosswalk shall be substantially the same as the crosswalk at Plantation
Parkway and Lee Highway.
-2
1998-12
-3
WATER QUALITY
o
Water quality measures will be provided on site as required by applicable
state and local codes and ordinances. At this time, it is anticipated that
the site will be designed utilizing bioretention areas and a sand filter
system. In addition, a roof-top storage system for the detention of
increased for storm water runoff will also be used. These systems shall be
designed in accordance with reasonable standards and requirements as
determined by the City's Director of the Department of Public Works.
The Applicant agrees to annually inspect its on-site storm water
management systems and take such necessary action to properly maintain
said systems. The Applicant shall submit an annual written certification
or report to the City's Director of Public Works that such inspection and
required maintenance has been performed. The report shall be signed by
a registered engineer or architect.
8. The Applicant shall preserve trees on the Property as shown on the
submitted rezoning plats prepared by Dewberry & Davis.
The Applicant shall, at its sole expense, install lighting along the
Property's frontage on Lee Highway and one bus shelter, all in accordance
with reasonable City standards. In addition, the Applicant shall provide a
sidewalk along the site's frontage to Route 29 as generally shown on the
approved rezoning plat.
GEN_~ERAL
10.
The Applicant shall construct an eight (8) foot wide pedestrian hike/bike
trail extending from Lee Highway, along the City-owned Right of Way
adjacent to the subject property to the east, to connect with the City's
existing trail along the north fork of Accotink Creek, to include
construction of an uncovered six (6') foot wide pedestrian stream crossing
over the creek. This trail and stream crossing shall be designed, bonded,
and the site plan submitted and approved concurrent with site plan
approval for the Patriot Harley Davidson and shall be completed and open
to the public prior to issuance of an occupancy permit for the Patriot
Harley Davidson dealership. Maintenance of this trail shall be the
responsibility of the City. Design of the trail and stream crossing shall be
subject to the reasonable approval of the City's Director of Parks and
Recreation, the Zoning Administrator, and Director of Public Works.
11.
These proffers may be executed in one or more counterparts, each of
which, when so executed, shall be deemed an original document and all of
which taken together, shall constitute but one in same document. The
Applicant agrees that these proffers are not subject to change except in
accordance with the issuance of new written proffers by the Applicant or
its successors and assigns and the acceptance of the same by the City
Council of the City of Fairfax, Virginia, in accordance with the
procedures provided for in VA Code Section 15.2-2303, et.seq.
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development be approved with the following additional conditions:
As a modification to proffer #2 above, the architecture of the approved building shall be
in substantial conformance with the architectural renderings prepared by Karl E. Kohler,
Architects dated March 3, 1998 with the exception that the applicant shall revise the
1998-12
-4
building design to incorporate use of brick or stone on the north and west facades, subject
to Board of Architectural Review approval.
2. The applicant shall preserve trees on the property as shown on the Tree Management Plan
prepared by Dewberry & Davis, originally dated December 1997 and last revised 4/1/98.
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 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: March 23 1998
City Council hearing: ~
Adopted: ~
(-~ ' Mayor
Date
ATTEST:
~ity Clerk
The motion to adopt the ordinance was approved 4-1.
Councilman Coughlan
Councilman Greenfield
Councilwoman Lyman
Councilman Mershon
Councilman Rasmussen
Councilman Silverthome
Vote
.AYE
AYE
AYE
ABSENT
.NAY
.AYE