19991214 1999-30ORDINANCE NO. 1999-30
AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA TO CREATE A REDEVELOPMENT OVERLAY
OPTION BY ESTABLISHING PROCEDURES AND IDENTIFYING THE
TYPE AND EXTENT OF REDEVELOPMENT PERMITTED WITHIN
AND ADJACENT TO OLD TOWN FAIRFAX.
WHEREAS, the Comprehensive Plan of the City of Fairfax, Virginia recommends promotion
of Old Town Fairfax "as the City's historic core and downtown cultural activity center;" and,
WHEREAS, the Comprehensive Plan provides specific recommendations to achieve the
above-stated goal and recommends that the City "formulate regulations which permit the
implementation of the land use recommendations contained in the Plan;" and,
WHEREAS, the City seeks to create a process that will foster redevelopment, facilitate
investment, and create the pedestrian-friendly mixed-use environment envisioned in the Plan;
and,
WHEREAS, a more flexible set of requirements and procedures are necessary to respond to
development requests in the Old Town area in order to achieve the goals and objectives of the
Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia that Chapter 26 of the Code of the City of Fairfax, Virginia is hereby amended by
adding Article XXII, to read in its entirety as follows:
"Article XXII. Old Town Fairfax Redevelopment Option
Sec. 26-226. Purpose.
The Old Town Fairfax Redevelopment Option is established to facilitate appropriate
development and redevelopment within Old Town Fairfax. The Redevelopment Option
implements the Comprehensive Plan by assisting in the creation of a mixed use destination of
a size, scale, and architectural character that will complement the Old Town Fairfax Historic
Overlay District. Development and redevelopment within this area will reflect city policy
encouraging shared parking and pedestrian accommodation, promoting a mix of land uses,
and reinforcing Old Town Fairfax as an exceptional and distinctive place to live, work, and
recreate.
Sec. 26-227. Applicability.
The Old Town Fairfax Redevelopment Option is available, upon approval by City Council, to
properties located within the Old Town Fairfax Historic and Transition Overlay Districts,
hereafter referred to collectively as "Old Town Fairfax." Properties located proximate to, but
outside of, the Transition Overlay District, may become eligible to apply for the Old Town
Fairfax Redevelopment Option following extension of the Transition Overlay District to
encompass the affected area in accordance with the provisions of Sec. 26-5. Where the
requirements contained in this division conflict with other provisions contained in this
chapter, the provisions of this division shall prevail.
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Sec. 26-228. Procedures.
(a) Application to establish the Redevelopment Option designation for any parcel shall be
made to the Director of Community Development and Planning (the Director) by the property
owner, contract purchaser with the owner's consent, or the owner's agent on forms provided
by the Director. The application shall be accompanied by required fees and a plat bearing a
certification date within six (6) months of the date of filing such application, prepared by a
certified surveyor. In addition, the applicant shall provide the information in subsections 1
through 4 below. No application shall be considered filed until all required information is
submitted.
1)
A parking analysis addressing the relationship of the proposed development to existing
and proposed parking facilities within Old Town Fairfax. The analysis shall include
the projected parking demand for the proposed development and the location and
amount of parking to be provided, on-site or off-site, or otherwise utilized by the
development.
2) An analysis of the height of all proposed structures with a graphic and text description
and comparison of the proposed height to the adjacent and proximate development.
3) A Conceptual Development Plan (CDP) containing the following information:
do
g.
h.
i.
j.
k.
1.
Building locations, building heights, number of dwelling units, proposed uses,
and gross square footage of all uses, depicted by land use category.
Total area of the application property.
Proposed setbacks from all property lines, and from all nonresidential
structures to the nearest residential structure.
Proposed methods of landscaping and screening.
Proposed methods of ingress, egress, and internal circulation.
Predevelopment topographic contours and conceptual grading plan.
Proposed improvements to adjacent rights-of-way.
Proposed on-site pedestrian walkways, plazas, and other pedestrian
accommodations.
Proposed development schedule indicating the stages of development, if
applicable.
Locations of existing easements and property lines, and approximate locations
of proposed easements and property lines.
Location and description of any structure located within the Old Town Fairfax
Historic Overlay District proposed to be moved or demolished.
Conceptual architectural elevations depicting the proposed architectural
design, materials, and dimensions of all elevations.
4) A traffic analysis evaluating the proposed access to the site, vehicle trip generation
characteristics, and the anticipated traffic impact on adjacent streets and the surrounding
area.
(b) Prior to City Council consideration of an application for Redevelopment Option, there
shall be a joint special meeting conducted with the Board of Architectural Review, Planning
Commission and City Council to evaluate the proposal. The purpose of the joint special
meeting shall be to review the height, scale, architecture, parking, signage, and overall
character of the proposed development for consistency with the Comprehensive Plan and
applicable guidelines. At the conclusion of the meeting, the City Council shall verbally
communicate its findings to the applicant. No later than seven (7) working days following
the joint special meeting, the Director shall provide the applicant with a written copy of such
findings.
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If the proposed development or redevelopment involves multiple properties or structures, the
joint special meeting shall also address development phasing.
(c) Nothing in this article shall preclude the City Council, Planning Commission or Board
of Architectural Review from requesting and conducting a separate work session prior to the
joint special meeting required above.
(d) The applicant may revise the plans accompanying the application to address the
findings made by City Council following the joint special meeting. Revised plans shall be
submitted to the Director no later than sixty (60) days following the joint special meeting, and
prior to the required advertisement of the City Council public hearing.
(e) Each application shall be reviewed by staff and scheduled for public hearing by City
Council. Advertising and notification shall be accomplished in accordance with the
requirements contained in Sec. 26-103 (b).
(f) The City Council shall conduct a public hearing and may approve the Redevelopment
Option designation, including the CDP, only after considering the criteria contained in Sec
26-103 (c). The Old Town Fairfax Design Guidelines shall be considered among the
"adopted city goals and policies" referenced in Sec. 26-103.
(g) The City Council may impose conditions as part of the approval of any
Redevelopment Option application as deemed necessary in the public interest to secure
compliance with the considerations on Sec. 26-103 (c). Surety in a form acceptable to the
City Attorney may be required to ensure compliance with conditions imposed by City
Council.
(h) A Redevelopment Option designation shall expire eighteen (18) months following the
date of approval by City Council unless construction of the proposed development has
commenced. The Director may grant a single twelve- (12) month extension provided that the
applicant adequately demonstrates due diligence toward initiation of the development.
(i) Approval of the CDP accompanying the application for the Redevelopment Option, as
amended by the City Council, shall also constitute approval of the proposed development as
to scale, heights, setbacks, parking, required public improvements, architectural character, and
other items specifically addressed. Subsequent site plan and architectural review and
approval shall be as specified in Article II, Division 4 (Site Plans) and Article XVII (Board of
Architectural Review), respectively. In such reviews, the site plan approving agent and the
Board of Architectural Review shall ensure substantial accordance of the site and architectural
plans with the CDP approved by City Council. The Director may permit minor deviations
from the footprints of structures approved on the CDP, provided that the proposed deviations
are in substantial accord with the CDP, will not result in increased square footage of
development, and will not result in increased height of any structure.
(j) The City Council reserves unto itself the authority to grant the required permits for
moving or demolishing structures required in Sec. 26-205, provided that such structures did
not exist in the year 1900, with the approval of the Redevelopment Option application.
(k) For the purpose of this article, the required joint special meeting and subsequent
approval of the CDP shall be deemed to satisfy the requirements of Sec. 26-208 (site plan
review by the Board of Architectural Review).
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(1) For the purpose of this article, the required joint special meeting and subsequent
approval of the CDP shall be deemed to satisfy the requirements of Chapter 21 (Subdivisions)
pertaining to planning commission hearings. Upon City Council approval of the
Redevelopment Option, the Director shall have the authority to review and approve
subdivision applications and plats associated therewith.
(m) Upon taking the actions specified in Sec. 26-228 (h), (i), (k) and (1), the Director shall
notify the Planning Commission and City Council in writing within thirty (30) days of such
actions.
Sec. 26-229 Additional Uses Permitted
The permitted uses contained in the applicable overlay zoning district regulations shall be
effective. However, if the underlying zoning is C1-L (Limited Office) or C-1 (Office
Commercial), the City Council may approve any of the additional uses permitted in the C-2
(Retail Commercial) zoning district with the approval of the Redevelopment Option
application.
Sec. 26-230 Bulk and Lot Area Requirements.
Bulk and lot area requirements of the applicable overlay zoning districts shall be effective,
except to the extent that they are modified below. In conjunction with the approval of the
required Conceptual Development Plan, notwithstanding provisions to the contrary contained
in this chapter, the City Council may approve modifications to the requirements contained in
this article, without further requirement for a variance or special exception, if it finds that the
proposed modifications do not conflict with the provisions of Sec. 26-103 and will otherwise
contribute to the City's objectives as stated in the "Purpose" provisions above.
(a) Minimum Lot Area:
none
(b) Minimum Lot Width: none
(c) Maximum Building Height.
Although the presumptive height limitations shall be as prescribed in the applicable overlay
district regulations, the City Council may approve building height not to exceed four (4)
stories for property located in the Old Town Fairfax Historic Overlay District and five (5)
stories in the Transition Overlay District. This additional height of proposed structures shall
be permitted in the context of their location within Old Town Fairfax, based upon:
(1)
(2)
(3)
(4)
compatibility with existing and proposed proximate structures; and
effect of topographic conditions on the visual impact of the proposed structure;
and
the extent to which the architectural design of the proposed building mitigates
the impact of additional height; and
extent to which the proposed development contributes to or detracts from the
planned character of Old Town Fairfax.
Parking structures shall not be regulated by number of stories, but shall not exceed forty-eight
(48) feet in height (as defined in Sec. 26-4) in the Historic Overlay District and sixty (60) feet
in the Transition Overlay District.
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(e)
(0
(d)
Yard Requirements.
(1)
Front: Front yards shall be established to provide for adequate sight
distance, consistency in the streetscape, and appropriate pedestrian
accommodations. Required front yards shall be determined by the City
Council with the approval of the CDP, after considering the existing
setbacks of adjacent and proximate buildings, and the planned character of
the block in which the property is located in the event of a multi-lot
development. Front yard shall not exceed twenty-five (25) feet in width,
except to provide for improvements to accommodate pedestrian activity.
(2) Side: Controlled by Overlay District regulations
(3) Rear: Controlled by Overlay District regulations.
Open space and canopy requirements: Determined in the context of the CDP.
Floor Area Ratio requirements: Determined in the context of the CDP."
This ordinance shall become effective as provided by law.
Planning Commission heating:
City Council hearing:
City Council adoption:
November 22, 1999
December 14, 1999
December 14, 1999
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthome
Vote:
aye
absent
aye
aye
aye
aye
Attest:
Date